Final Record Civil & State Circuit Court

1825 - 1826

Pages 288 - 331

Transcribed and authorized for use on this site by Milly Wright, August 2007.

Page 288

#1396
T & J Kirkman vs John Austin ) Debt

The state of Alabama Lauderdale County
This day came Thomas Kirkman Jr. before me the undersigned Clerk of the Circuit Court for said County and makes oath that John Austin is indebted to the firm of T. & J. Kirkman the sum of Eighty one dollars thirty four cents being a balance due on a promissory note of the said John Austin to them besides interest thereon. Said promissory note is dated the 1st day of January 1825 and made payable one day after date. Bail is not required to vex or harrass said defendant John but to secure their debt. Tho Kirkman Jr. Subscribed & sworn to before me this 23rd day of March 1826. P Ward Clk.

The state of Alabama
To the sheriff of Lauderdale County Greeting
You are hereby commanded to take the body of John Austin wherever he may be found in your County and him safely keep so that you have his body before the Judge of our next Circuit Court to be holden for said County at the Court house in the Town of Florence on the 1st Monday after the 4th Monday in March instant to answer Thomas Kirkman and James Kirkman Merchants and partners trading under the firm of T. & J. Kirkman of a plea that he render to them the sum of one hundred and sixty three dollars thirty four cents which to them he owes & from them detains to their damage Sixty dollars. Herein fail not and have you this writ at the office of the Clerk of said County three days previous to the first 
Monday after the 4th Monday in March instant. Witness Presley Ward, Clerk of our said Court at office the 23rd day of March 1826 and of American Independence the fiftieth year. Issued 23rd day of March 1826. Test. P. Ward Clk

Cause of action to wit.
This action is brought to recover of the within named defendant the sum of one hundred and sixty three dollars and thirty four cents due the within named plaintiffs by the defendant’s promissory note date the 1st day of January 1825 and made payable one day after date. There is the following credits on said note to wit. Jany 7th Recd six dollars & fifty 
cents Rec’d fifty dollars Land office Febr. 11th 1825. Cr. By error in Bill five dollars fifty cents Novr 23rd 1825. Recd twenty dollars the balance remaining due & unpaid. Bail is required for $81.34 per affidavit of Thomas Kirkman Jr. filed in my office P. Ward Clk

Return
Came to hand 24th March 1826. executed and a Copy delivered to the defendant March 1826. M. Harkins Shff. At the April term of said Court and being the 15th day of April 1826 came the plaintiffs by attorney & say they are unwilling further to 
prosecute this suit nor is the same further prosecuted. It is therefore considered by the Court that this suit be dismissed and that the defendant recover against the plaintiffs his costs in this behalf expended & depart hence etc..

Page 291

#1395
T. & J. Kirkman vs Thomas H Alsup ) Debt

The State of Alabama
To the sheriff of Lauderdale Greeting:

You are hereby commanded to take the body of Thomas H. Alsup wherever he may be found in your County and him safely keep so that you have his body before the Judge of our next circuit court to be held for the County of Lauderdale at the Court house in the Town of Florence on the first Monday after the fourth Monday in September Inst to answer Thomas & James Kirkman merchants Partners and traders trading under the stile and firm of T. & J. Kirkman of a plea that he render to them the sum of one hundred and sixteen dollars and ninety two cents which to them he owes and from them unjustly detain to their damage One hundred dollars. Herein fail not and have you this writ at the Clerk’s office three days previous to the 1st Monday after the 4th Monday in Sept. Inst. Witness Presley Ward Clerk of our said Court at office this 23rd day of Sept. 1825 and of American Independence the 50th year. Issued 23rd day of September 1825. Test P. Ward Clk.

Cause of action to wit.
This action is brought to recover of the defendant the sum of one hundred and sixteen dollars and ninety two cents due on a promissory note executed by the defendant by the name and stile of Thos. H. Alsup to the Plaintiffs made payable one day after the date thereof and dated 1st day of January 1825. No Bail required. D. Hubbard Pro Plff.

Return
Came to hand 23rd of September 1825. Thos. H. Alsup not found this 28th September 1825. M. Harkins Shff by his deputy H. W. McVay.

Page 292


Alias Capias
The state of Alabama.
To the sheriff of Lauderdale County Greeting:
You are hereby commanded as before you was to take the body of Thomas H. Alsup wherever he may be found in your County and him safely keep, so that you have his body before the judge of our next circuit Court to be holden for said County at the Court house in the Town of Florence on the 1st Monday after the 4th Monday in March next to answer Thomas & James Kirkman Merchants partners & trading under the stile and firm of T. & J. Kirkman of a plea that he render to them the sum of One hundred and sixteen dollars and ninety two cents which to them he owes and from them 
unjustly detains to their damage on hundred dollars. Herein fail not and have you this writ at the office of the Clerk of 
said County three days previous to the 1st Monday after the 4th Monday in March next. Witness Presley Ward Clerk of our said Court at office the 10th day of November 1825 and of American independence the fiftieth year. Issued 10th day of November 1825. Test P. Ward Clk

Cause of action to wit.
This action is brought to recover of the defendant the sum of one hundred and sixteen dollars and ninety two Cents due on a promissory note executed by the Defendant by the name and style of Thos. H. Alsup to the plaintiffs made payable one day after the date thereof and dated 1st day of January 1825. No Bail required. D. Hubbard pro. plf.

Return to wit.
Came to hand the same day it issued the within Cap’s not served by order of Those Kirkman this 10th Decr 1825. M. Harkins Shff by his Deputy H. W. McVay. At the April term of said Court and being the 15th day of April 1826 Came the plaintiffs by attorney & say they are unwilling further to prosecute their suit in this behalf. Nor is the same further prosecuted. It is therefore considered by the Court that his suit be dismissed & that the defendant recover against the plaintiffs his costs about his defence in this behalf expended & depart hence etc..

Page 293

#1336
Henry Bond vs James Irvine ) Debt

The State of Alabama Lauderdale County Circuit Court

This day personally appeared before me Presley Ward Clerk of the circuit court of said County of Lauderdale James Kirkman agent for the above named plaintiff (in favor of whom judgment was at the last October term of this Court rendered against said defendant for the sum of $286.62 1/2/100 dollars debt, the sum of $19 damage & the further sum of sixteen dollars & forty cents costs) who being duly sworn deposeth & saith that the said defendants have no property within the knowledge of this affiant in their possession, and this affiant has just reason to believe that James Irvine of said County of Lauderdale is indebted to the defendant Jessee U. Evans or hath effects of said Evans in his hands & 
possession. Sworn to & subscribed before me this 25th Novr 1824. James Kirkman P. Ward Clk

The State of Alabama
To the sheriff of Lauderdale County Greeting:
Whereas Henry Bond plaintiff did at the October term of the Circuit Court for the County of Lauderdale in the year of our Lord 1824 recover judgment against Jessee U. Evans, and Jacob Singly for the sum of Two hundred and eighty six dollars sixty two and a half cents debt, also the further sum of nineteen dollars being damages therein and the further sum of sixteen dollars & forty cents for his costs. And oath having been made before me this day by James Kirkman Agent for the above named plaintiff that the defendants have no property in their possession within the knowledge of said Kirkman and that the said James Kirkman has just reason to believe that James Irvine of Lauderdale County aforesaid is indebted to the defendant Jessee U. Evans, or hath effects of said Evans in his hands & possession. These are therefore to command you to summon the said James Irvine to appear as a Garnishee before the judge of next Circuit Court to be held for said County at the Courthouse in the Town of Florence on the first Monday after the fourth Monday in March next and within the first four days of said Term then & there to answer upon oath what he is indebted to the said defendant Evans and what effects of the said defendant Evans he hath in his hands, and had at the time of the service of this process; What effects or debts of the defendant Evans there are in the hands of any other and what person to his knowledge or belief. And have you this writ at the Clerk’s office of said Court three days previous to the first Monday after the fourth 
Monday in March next. Witness Presley Ward Clerk of our said court at office this 25th day of November A D 1824 and 49th year of American independence. Issued 25th Novr. 1824. Test P. Ward Clk

Return
Came to hand the 26th Nov. 1824. delivered a Copy to Jas Irvine the same day. J N Baker shff by his deputy D. W. McKee.

And said cause continued until this term to wit the April term and being the 14th day of April 1826. Came the plaintiff in proper person & dismisses his suit. It is therefore considered by the Court that the defendant recover against sd plaintiff his costs in this behalf expended & be hereof discharged.

Page 296

#1114
Henry Anderson vs Joseph D. Graves ) Certiorari

Petition

To the honourable Richard Ellis one of the Judges of the Circuit Court in and for Lauderdale County State of Alabama the petition of Joseph D. Graves humbly complaining shows to your honour that some time in the month of June last one Henry Anderson obtained a judgment before one William S. Fulton acting justice of the peace against your petitioner 
for the sum of thirty two Dollars sixty four cents which amount was due in the common currency of the country by promissory note given the 29th January 1824. Your petitioner states to your honour that he would have appealed from the judgment of said justice had he not have believed that it was rendered for the amount as due by note and that your petitioner was not otherwise informed untill it was too late for your petitioner to avail himself of that course. Your petitioner states to your honour that execution is now out, and that said Anderson in violation of his said contract now exacts of your petitioner Specie, and your petitioner will be greatly harrassed and damaged unless your honour will interpose and grant him the writs of Certiorari and Supersedias commanding directing etc. that the cause may be heard and that justice may be rendered in the premises and your petitioner as in duty bound will ever pray etc.. Withers & McVay attos. P. Q.

The state of Alabama Lauderdale County
Before me Saml Harkins an acting justice of the peace in & for the county aforesaid personally appeared Joseph D. Graves who being duly sworn deposeth & saith that the within petition is just & true to the best of his belief & knowledge. Sworn to & subscribed to before me this the 8th Oct 1824 Attest Saml Harkins J. P.

Bond to wit.
Know all men by these presents that we Joseph D. Graves and William Whitsett all of Lauderdale County and State of Alabama are held & firmly bound unto Henry Anderson in the sum of sixty four dollars and twenty eight cents which money well and truly to be made we bind ourselves and each of us, our heirs jointly severally firmly by these presents. Sealed with our seals and dated this 9th day of October 1824. The condition of the above obligation is such, that whereas the above bound Joseph D. Graves hath prayed & obtained from the judge of our Circuit Court now sitting for Lauderdale County at the Court house in Florence the writ of Certiorari and Supersedeas to stop and try all further proceedings on 
the judgment which Henry Anderson before William S. Fulton Esqr. then acting as a justice of the peace for said County in the month of June last for the sum of thirty two dollars sixty four cents. Now if the above bound Joseph D. Graves shall prosecute to effect the certiorari above prayed and obtained or in case of failure therein to satisfy and pay all costs, then this obligation to be void else remain in full force & virtue. Jos. D. Greaves Wm. Whitsitt Test P. Ward Clk. Super.


The State of Alabama
To the sheriff of Lauderdale County and all sworn officers & to Henry Anderson his attorney or Agent Greeting. Whereas Joseph D. Graves hath this day obtained from the judge of our Circuit Court now sitting for the county of Lauderdale aforesaid the writs of certiorari and supersedeas & having given bond with security according to law: You each and all of you are hereby commanded and strictly forbid to proceed any further on the judgment which was rendered in favor of Henry Anderson against the said Joseph D. Greaves in the month of June lasts for the sum of thirty two Dollars sixty four 
cents before William S. Fulton then an acting justice of the peace for said County which appears from the petitioner Jos. D. Graves here filed. And have you this writ before the judge of our next Circuit Court to be held for Lauderdale County at the Court house in the Town of Florence on the Monday after the fourth Monday in March next. And make known how you have executed this Writ. Witness Presley Ward Clerk of our said Court at office in Florence this 9th day of October A.D. 1824 and forty ninth year of American independence. Issued 9th Octo. 1824. Test P. Ward Clk. Came to hand 10th October 1824 made known to Wm. S. Fulton. Executed according to the tenor of the within. J. N. Baker shff by his deputy A. W. H. Clifton

Judgment
At the April term of said Court and being the 11th day of April 1826 came the plaintiff by his attorney & moved the Court to dismiss the Certiorari in this Cause which motion being argued, It is considered by the Court that said Certiorari be dismissed & that the plaintiff recover his costs against said defendant in this behalf expended & that a writ of procedendo issue to the justice below.

Page 299

#1134
Augustine Smith vs John Donaldson ) Debt

Warrant
The State of Alabama
Lauderdale County

To the Constable or other lawful officer to execute. You are hereby commanded to summon John Donaldson if to be found in your County to appear at our next justices Court to be holden on the 3rd Monday of June next at the Courthouse in Florence to answer Augustine Smith of a plea of debt for the sum of Forty nine dollars & ninety one 1/2 cents due by 
account. Herein fail not and make due return according to law. Given under my hand and seal this 31st day of May 1824. Alex. H. Wood J P. I deputize J W Byrn D. Constable Judgment for costs against the plaintiff. Costs $2.18 3/4 June 21st 1825. Alex. H. Wood. J. P.

Appeal Bond to wit
Know all men by these presents that we Augustus Smith and James Martin of the county of Lauderdale and state of Alabama are held and firmly bound unto John Donaldson in the penal sum of Four dollars 37 1/2 cents for which payment well and truly to be made, we bind ourselves & each of us, our, and each of our heirs executors etc.. Sealed with our seals and dated this 28th day of June 1824. The condition of the above obligation is such, that whereas the above named Augustine Smith did get cast for the costs in a case wherein he was plaintiff and John Donalson defendant for the sum of Two dollars 18 3/4 cents the costs in that behalf expended, at our justices court held on the __ day of June 1824 which 
judgment he has prayed an appeal to our next justices Court to be holden at the courthouse in Florence on the 3rd Monday in July next. Now if the said Augustine Smith shall abide the decision and pay all such damages & costs as shall be awarded by the said Court then the above obligation to be void else remain in full force and effect. Aug Smith James Martin Witness Alex. H. Wood J. P.

Know all men by these presents, that we John Donaldson and William S. Fulton are held and firmly bound unto Augustine Smith in the sum of ninety nine dollars and 83 cents for which payment well and truly to be made we bind ourselves and each of us our and each of our heirs executors and Administrators jointly and Severally firmly by these presents sealed with our seals and dated this 24th day of August 1825. The condition of the above obligation is such that whereas the above named Augustine Smith did at our justices Court holden at the Courthouse in Florence on the 20th day of August 1825 recover a judgment against the above bound John Donaldson for the sum of ninety nine Dollars 91 1/2 cents with costs of suit to which judgment he hath prayed and obtained an appeal to our next Circuit Court to be holden for the County of Lauderdale at the Court house in Florence on the first Monday after the fourth Monday in March next and hath given William S. Fulton as security to abide the decision of said Court and pay the defendant all such debt damages and costs as shall be awarded by said Court, then the above obligation to be void otherwise to remain in full force and effect. John Donelson by (Seal) William S. Fulton William S. Fulton (Seal) Witness Alex. H. Wood J. P. (Seal)

Page 302


Declaration to wit. The state of Alabama Lauderdale County Circuit Court March term 1826 Augustine Smith by Attorney complains of John Donalson summoned etc.. of a plea of trespass on assumpsit for this to wit. that the said John 
Donalson on the __ day of __ at __ to wit in the County aforesaid was indebted to the said Augustine Smith in the sum of Forty nine dollars for work & labour done and performed by the Plaintiff for the Defendant before that time done at the request of said defendant. And being so indebted he in consideration thereof promised to pay the same upon 
request. Yet said defendant altho. often requested hath never paid the same to the plffs damage twenty dollars. Coalter & Irvine attos. Plea to wit. Now assumpsit & issue Hubbard for Deft. And said cause continued until this term to wit the April term and being the 11th day of April 1826. Came the parties by their attornies & came also a jury of good & lawful men to wit

Page 303

William White
Charles Best
Peter F. Armstead
Guthridge Masterson
Hugh B. King
Thomas Bowman
John H Cornish
Miles Britton
James Hutton
Jacob Singly
James Gordon
John Curtis

 

who being duly elected tried & sworn well & truly to try the issues joined upon their oath do say the(y) find the issues in favour of the Defendant. It is therefore considered by the Court that the defendant recover against said plaintiff the costs about his defence in this behalf expended & depart hence etc..

Page 303

#977
John D. Tompkins assignee vs John Moors ) Debt

The State of Alabama
To the Sheriff of Lauderdale County Greeting:
You are hereby commander to take the body of John Moors wherever he may be found in your County, and him safely keep, so that you have his body before the Judge of our next Circuit Court to be holden for said County at the Courthouse in the Town of Florence on the 1st Monday after the fourth Monday in March next to answer John D. Tompkins assignee of Solomon Stisher of a plea that he render to him the sum of seventy five dollars which to him he owes and from him detains to his damage fifty dollars. Herein fail not and have you this writ at the office of the Clerk of said Court three days previous to the 1st Monday after the fourth Monday in March next. Witness Presley Ward Clerk of our said Court at office the 28th day of February 1824 and of American Independence the forty eighth year. Test P. Ward Clk. Issued 28th day of February 1824. Cause of action to wit.


This action is brought by the Plaintiff to recover of the defendant Seventy five Dollars due by note of hand under seal signed by the Defendant to Solomon Stisher and dated 27th day of October 1821 and made payable on or before the 25th of December next (meaning thereafter) for value Rece.d. Said note was assigned to John D. Tompkins the present 
plaintiff the 27th Octo. 1821. the whole of which sum appears to be due and unpaid. No Bail required. William S. Fulton atto. for plf.. Return to wit.


Came to hand 29th Feby 1824 executed same time delivered a Coppy of the within J. N. Baker shff by his Deputy J. W. Byrn

At the March term of said Court and being the 2nd day of April 1824 Order to wit. Ordered by the Court that the time of filing declarations filing pleas & replications, be the same as heretofore in all cases when the defendant had entered an appearance. Declaration filed 17th September 1824. Declaration to wit. The state of Alabama Lauderdale County Circuit Court March term 1824. John D. Tompkins assignee of Solomon Stisher, by attorney complains of John Moors in Custody etc. of plea that he render to him the sum of seventy five dollars which to him he owes and from him detains. For that 
whereas on 27th day of October 1821 at the County of Lauderdale the said John Moors made his promissory note of that date signed with his name and whereby he promised on or before the 25th of December next thereafter to pay Solomon Stisher seventy five dollars and which note further specified, that the said sum might be discharged in good cash notes due at the same time said note became due, which the said Moors was to assign to the said Stisher, and the said Solomon Stisher on the day and year aforesaid at the County aforesaid assigned the said note to the said John D. Tompkins of which said assignment the said John Moors had notice by means whereof he became liable to pay the said sum in said note specified to the said John D. Tompkins. Nevertheless the said John Moors altho. often requested has not paid to the said John D. Tompkins the said sum in said note specified nor has he ever paid the same to the said Solomon Stisher, nor has he ever assigned, to the said Solomon Stisher nor the said John D. Tompkins good notes to the amount of the sum in said note specified due on the 25th December 1821 or any time since, nor has he ever offered to do so; but the said sum in said note specified he has hitherto wholly neglected & refused to pay either to the said Solomon Stisher or John D. Tompkins and still doth refuse to pay the same to the plaintiff to his damage fifty dollars & therefore he sues etc. William S Fulton atto. for plf...

Page 306


Plea to wit
John D. Tompkins vs John Moore October term 1824 of the Circuit Court the defendant in the above cause makes oath that as he is informed & believes a judgt in favor of the plf. who this deponant supposes to be the assignee of Solomon Stisher for about the sum of seventy five dollars debt besides interest has been taken against this deponant at the present term of this Court in which above cause he hath as he conceives a good defence in this, that said note was given for a gaming consideration which he will be enabled to prove on the trial & that he went in sea(r)ch of testimony to prove his defence with a commission to take depositions but was not able to procure the evidence by said deposition satisfactorily but has since ascertained that good testimony can be procured to show the consideration to be as above & he this deponent did advise his attorney of the above defence. This deponant further states that the money for which the note was given to secure the payment of was unfairly won etc.. Therefore prays the judgment nihil Dicet to be set aside & that he may be permitted to plead to issue. John Moore. Sworn to in open Court. P Ward Clk

Page 307


At the October term of said Court and being the 4th day of October 1824 came the parties by their attornies and the defendant says nothing in bar or preclusion of the said plaintiff’s action against him. It is therefore considered by the Court that the Plaintiff recover against said defendant the sum of seventy five dollars debt in the declaration mentioned & sixteen dollars & fifty cents damages sustained by its detention besides his costs by him about his suit in this behalf 
expended etc.. And on the 16th day of October 1824 On motion of the Defendant by his attorney the judgment nihil Decit taken at this term is set aside and cause continued until the next term of this Court with leave given the Defendant to plead etc.. And said cause continued until this term to wit the April term and being the 10th day of April 1826. Came the plaintiff by his attorney & the defendant saying nothing in bar or preclusion of the plaintiff’s action against him. It is considered by the Court that the plaintiff recover against said defendant the sum of Seventy five dollars the debt in the 
plaintiff’s declaration mentioned & the further sum of nineteen dollars & sixty two cents damages sustained by the plaintiff for the detention of his said debt also his costs in this behalf expended etc..

Page 308

#1069
Joseph D. Greaves vs William Adkinson ) Case

The state of Alabama
Circuit Court of Lauderdale County.
This day personally appeared before me Saml Harkins an acting Justice of the peace for said County Joseph D. Greaves the above named Plaintiff who having sued out a writ against said Defendant, doth make oath that he hath sustained damage by breach of the Defendants warranty amounting to seventy Dollars, & having required that the Defendant beheld to bail doth further make oath that the same is not required for the purpose of vexing or harrassing said defendant. Sworn to & subscribed before me this 17th July 1824. Jos. D. Greaves Samuel Harkins J Peace (Seal)

The State of Alabama
To the sheriff of Lauderdale County Greeting:

You are hereby commanded to take the body of William Adkinson wherever he may be found in your County and him safely keep so that you have his body before the judge of our next Circuit Court to be holden for said County at the Courthouse in the Town of Florence on the 1st Monday after the 4 the Monday in September next to answer Joseph D. Greaves of a plea of Trespass on the case to his damage one hundred herein fail not and have you this writ at the office of the Clerk of said Court three days previous to the 1st Monday after the 4th Monday in September next. Witness Presley Ward Clerk of our said Court at office the 17th day of July 1824 and of American independence the forty ninth year. Test P Ward Clk. Issued 17th day of July 1824. This action is brought on a breach of Warrenty made by the defendant wherein he warranted that a certain Gray mare which he sold to Plaintiff some time in June last past was sound which said mare was unsound & said Plaintiff having filed an affidavit in the office of the clerk of the Circuit Court of this County wherein he hath claimed & stated that he has sustained damage to the amount of seventy dollars. The sheriff will take bail for that sum. D. Hubbard P. Q. Sheriff’s return to wit.


Came to hand 19th July 1824. Executed the same day by delivering the defendant a Copy. J N Baker Shff by his deputy D. W. McKee At the October term of said Court and being the 16th day of October 1824. Ordered by the Court that sixty days after the rise of this Court be allowed Plaintiffs to file their Declarations, and thirty days thereafter for defendants to file pleas etc.. Declaration to wit.


The state of Alabama
Circuit Court for April term 1825
Joseph D. Greaves by attorney complains of William Adkinson in custody etc. of a plea of trespass on the case for that said defendant heretofore to wit on the __ day of June 1824 in the County of Lauderdale aforesaid in consideration that the said plaintiff at the special instance and request of the said defendant would buy of the said defendant a certain Grey mare at and for a certain price to wit the sum of __ Dollars to be paid therefor by said plaintiff. He the said defendant then & there undertook & faithfully promised the said Plaintiff that the said grey Mare was then & there sound. And the said plaintiff avers that confiding in the said promise and undertaking of the said Defendant, he the said Plaintiff afterwards to wit on the day and year aforesaid afterwards in the County aforesaid did purchase of said Defendant said Grey mare & did then & there pay said defendant said sum of __ dollars therefor nevertheless the said defendant contriving and fraudently intending to defraud & injure the said plaintiff in this behalf did not regard & perform his said promise and undertaking so by him made as aforesaid but thereby then & there craftily & subtly did deceive & defraud the said plaintiff in this to wit that the said Grey Mare was at the time of the said promise & sale of said Defendant to 
said Plaintiff not sound but on the contrary was then & there unsound & of no value & became of no use or value to said plaintiff & that the said plaintiff hath been put to great expence in keeping & feeding said Gray Mare amounting to a large sum of money to wit the sum of __ Dollars whereby the said plaintiff saith he has been injured & hath sustained 
damage to the amount of one hundred Dollars wherefore he brings this suit. D. Hubbard atto. P. Q. Non assumpsit & issue McKinley & Hopkins Bail bond to wit


The State of Alabama Lauderdale County
Know all men by these presents that we William Adkison Jno M Campbell are held and firmly bound unto J. N. Baker sheriff of Lauderdale County or his assignment in the just and full sum of one hundred & forty dollars lawful money of the state, to which payment well and truly to be made,we bind ourselves and each of our heirs firmly by these presents. 
Sealed with our seals and dated the 19th day of July 1824. The condition of the above obligation is such that the said Jno. M. Campbell hath undertook in behalf of the said William Adekison to be his special bail in an action now instituted in the Circuit Court of said County of Lauderdale wherein J. D. Greaves Plaintiff and William Adkison Defendants, and in case said Adkison should be cast in the action I shall pay and satisfy the condemnation of the court or surrender his body in custody of the sheriff of said County or that the said Adekison will do it for him. Given under our hands and seals this day and date above written. Wm Adkison (his mark) (Seal) J. M. Campbell (Seal) Sheriffs assignment to wit.


I, Joseph N Baker sheriff of Lauderdale County do hereby assign the within obligation to Joseph D. Graves his assigns, Executors Admrs to be sued for agreeable to the statue in such cases made & provided. In witness whereof I have hereunto set my hand and seal 27th Septr 1824. M N Baker shff by his deputy A. W. H. Clifton (Seal) And said cause continued until this term to wit the April Term & being the 10th day of April 1826. Came the parties by their attornies & came also a jury of good & lawful men To wit

Page 312

William White
Charles Best
John S. Allen
Nathan Womack
John Holtsowser
James Fulton?
Anthony Armstead
James Penny
Jesse Winborn
Jesse T. Scruggs
William Lassiter
Henry Mitchell

 

who being elected tried & sworn to try the issues joined and before the said jurors retired to consider of their verdict the plaintiff suffered a non suit. It is therefore considered by the Court that the defendant recover against said plaintiff his costs in this behalf about his defence expended & depart hence without day & the plaintiff by his attorney enters a motion to set aside the said non suit. And afterwards to wit on the 11th April 1826. On motion to set aside non suit after 
argument of counsel being heard upon said motion & deliberation thereupon had by the Court It is considered by the Court that said motion be overruled.

Page 313

#1065
Simon Marsh assignee vs Isaac Crow, Alfred Casey & Thomas Prewit ) Debt

The State of Alabama Lauderdale County.
This day personally appeared before me Presley Ward Clerk of the Circuit Court of said County Simeon Marsh and made oath that James Crow Alfred Casey and Thomas Prewit of said County are justly indebted o him in the sum of Two hundred & fifty Dollars by a writing obligatory executed by said Crow, Casey & Prewit on the 7th February 1823 for the payment on or before the first day of February 1824 of the above sum of $250 to one Eldridge B. Robertson who assigned the same to said Marsh on the 14th March 1823 and said Marsh having the day of the date hereof sued out a writ against the above named obligors for the recovery of said debt doth make oath that the same is just & due & having prayed that the defendants be holden to bail doth further make oath that the same is not sued out for the purpose of vexing or harrassing the said defendant. Sworn to and subscribed before me this 26th February 1824. Simeon Marsh. Sworn to this 26th Febry 1824 P Ward Clk.

The state of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the bodies of Isaac Crow, Alfred Casey and Thomas Prewit wherever they may be found in your County and them safely keep so that you have their bodies before the judge of our next Circuit Court to be holden for said County at the Court house in the town of Florence on the first Monday after the 4th Monday in Mrch next to answer Simeon Marsh assignee of E. B. Robertson of a plea that they render to him two hundred and fifty dollars which to him they owe and from him detain to his damage Three hundred dollars. Herein fail not and have you this writ at the office of the Clerk of said Court three days previous to the 1st after the 4th Monday in March next. Witness Presley 
Ward Esq. Clerk of our said Court at office the 26th day of February 1824 and of American independence the forty eighty year. Test, P. Ward Clk. Issued 26th day of February 1824. Cause of action to wit.


This action is brought on a writing obligatory executed by the defendants together with one James Rogan and one Henry Palmer (not here sued) on the 7th day of February 1823 for the payment on or before the first day of February 1824 to E. B. Robertson on order of the sum of Two hundred and fifty dollars value received. Said note was on the 14th day of March 1823 assigned by said Robertson to the plaintiff who having this day filed an affidavit with the Clerk of said County making oath that the above sum of $250 is due and requiring bail. The Sheriff will therefore hold the defendants to bail for the above amt. D. Hubbard attorney P. Q. Return to wit. Came to hand 28th February 1824 Executed on Isaac Crow took bail bond and left him a copy on the 17th of March 1824. J. N. Baker shff by his deputy A. Rose. D. S. Thomas Prewit not found in Lauderdale County the 23rd March 1824. J. N. Baker shff by A. Rose D. S. Executed on Alfred Casey and left him a copy took bail bond the 23rd of March 1824. J.N. Baker shff by his deputy A. Rose D. S.
 

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Alias capias to wit
The state of Alabama
To the sheriff of Lauderdale County
You are hereby commanded as heretofore you have been commanded to take the body of Thomas Prewit wherever he may be found in your county and him safely keep so that you have his body before the judge of our next circuit court to be holden for said county at the courthouse in the town of Florence on the first Monday after the fourth Monday in September next to answer Simeon Marsh assignee of E. B. Robertson of a plea that he render to him two hundred and fifty dollars which to him he owes & from him detains to his damage three hundred dollars. Herein fail not, and have you this writ at the office of the clerk of said court three days previous to the said term. Witness Presley Ward Clerk of our said Court at office the 2nd day of June A.D. 1824 and of American independence the forty eighty year. Test. P Ward Clk Issued 2nd day of June 1824.

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Cause of action to wit.
This action is founded on a writing obligatory executed by the defendant together with Isaac Crow, Alfred Casey James Ragan and Henry Palmer (Ragan and Palmer not sued) on the 7th day of February 1823 for the payment on or before the first day of February 1824 to E. B. Robertson on order of the sum of Two hundred and fifty dollars value received. Said note was on the 14th day of March 1823 assigned by said Robertson to the plaintiff who having this day filed an affidavit with the Clerk of the Circuit Court of said County making oath that the above sum of $250. is due and requiring Bail. The sheriff will therefore hold the defendants to bail for the above amt. D. Hubbard atto. P. Q. Return to wit Came to hand 3rd June 1824. Executed July 1st 1824. J. N. Baker shff by his Deputy D. W. McKee. Bail bond to wit. Know all men by these presents that we Alfred Casey & Samuel Crow are held and firmly bound unto Joseph N. Baker sheriff of Lauderdale County, or his assignment the just and full sum of five hundred Dollars lawful money of the state, to which payment well and truly to be made. We bind ourselves and each of our heirs firmly by these presents. Sealed with our seals and dated the 3rd ? day of March 1824. The condition of the above obligation is such that the said Samuel Crow hath undertook in 
behalf of the said Alphred Casey to be his special bail in an action now instituted in the Circuit Court of said County of Lauderdale wherein Simeon Marsh assignee is plaintiff Alphred Casey Defendant. And in case said Alphred Casey should be cast in the action he shall pay or satisfy the condemnation of the Court or surrender his body in custody, or that 
the said Samuel Crow, will do it for him. Given under our hands and seals this day and date above written. Alphred Casey (Seal) Samuel Crow (Seal) Attest A. Rose, D.S. assignment to wit I, J N Baker sheriff do assign the within bond and consideration to plaintiff herein named to be sued for agreeable to the statutes in such cases made and provided. In 
witness my hand and Seal this 22nd day March 1824. J.N. Baker shff of Lauderdale. Bail bond to wit. Know all men by these presents that we Isaac Crow and Samuel Crow are held and firmly bound unto Joseph N. Baker sheriff of Lauderdale County or his assignment the just and full sum of five hundred dollars Lawful money of the state to which payment well and truly to be made we bind ourselves and each of our heirs firmly by these presents. Sealed with our seals and dated the 17th day of March 1824. The condition of the above obligation is such that the said Samuel Crow hath undertook in 
behalf of the said Isaac Crow to be his special bail in an action now instituted in the Circuit Court of said County of Lauderdale wherein Simeon Marsh assignee is plaintiff and Isaac Crow defendant, and in case said Isaac Crow should be cast in the action he shall pay and satisfy the condemnation of the Court or surrender his body in custody, or that the said Samuel Crow will do it for him. Given under our hands and seals this day and date above written. Isaac Crow (Seal) Samuel Crow (Seal) Attest. A. Rose D.S.

I, Joseph N. Baker, shff of Lauderdale County do assign the within obligation to Simeon Marsh the plaintiff therein named to be sued for according to the statute in such case made and provide witness my hand & seal this 27th March 1824. J N. Baker by his deputy J W Byrn. 

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Bail bond to wit.
The state of Alabama Lauderdale County
Know all men by these presents, that we Thomas Prewit, Thomas Powers, Enoch M. Johnston are held and firmly bound unto J. N. Baker sheriff of Lauderdale County or his assignment in the just and full sum of six hundred dollars lawful money of the state to which payment well and truly to be made, We bind ourselves and each of our heirs firmly by 
these presents. Sealed with our seals and dated the first day of July 1824. The condition of the above obligation is such, that the said Thomas Powers, E. M. Johnston hath undertook in behalf of the said Thomas Prewit to be his special bail in an action now instituted in the Circuit Court of Lauderdale wherein Simeon Marsh assignee plaintiff and Thomas Prewit defendant and in case said Thomas Prewit should be case in the action he shall pay and satisfy the condemnation of the Court or surrender his body in custody of the sheriff of said county or that the said Thomas Powers & E. M. Johnston will do it for him. Given under our hands and seals this day and date above written. Thos. Prewit (Seal) Thomas Powers (his mark) (Seal), E M Johnston (Seal) Assignment to wit.


I, Joseph N. Baker sheriff of Lauderdale County do hereby assign the within obligation and condition to Simeon Marsh assignee his Administrators Executors etc. to be sued for agreeable to the statute in such cases made & provided. In witness whereof I have hereunto set my hand and seal this 29th day of September 1824. J. N. Baker shff (Seal) by his deputy A. W. H. Clifton. Order


At the October term of said court and being the 16th day of October 1824 ordered by the Court that sixty days after the rise of this Court be allowed plaintiffs to file their declarations and thirty days thereafter to defendants to file pleas etc..

On the 8th day of October 1824 the plaintiff by attorney filed his Declaration as follows to wit. 

 

State of Alabama Lauderdale County Circuit Court October Term 1824
Simeon Marsh assignee of Eldridge B Robertson by his attorney complains of Isaac Crow, Alfred Casey and Thomas Prewit in custody etc. of a plea that they render to him the sum of Two hundred and fifty dollars which they owe to and from him unjustly detain. For that said defendants together with Henry Palmer and James Ragain who are not sued in this 
action of the 7th day of February in the year 1823 at the County aforesaid made their writing obligatory of that date sealed with their seals and which is here shewn to the Court whereby they bound themselves to pay to Eldridge B. Robertson two hundred and fifty dollars on or before the first day of February in the year 1824, and after the making 
of said writing to wit on the 4th day of March 1823 at the County aforesaid the said Robertson assigned the same to the plaintiff of which said assignment the said defendants then & there had notice before the said writing was in any part discharged to the said Robertson by means whereof and by force of the statute in such cases provided the said 
defendants became bound to pay said sum of money in said writing mentioned to the plaintiff & an action hath accrued to the plaintiff to have said sum of money of said Defendants. Yet said Defendants though often requested have not nor have either of them paid said plaintiff said two hundred and fifty dollars or any part thereof, nor have either of the obligors in said writing who are not sued in this action paid the same to the plaintiff, but the same to the plaintiff to pay the said defendants have hitherto wholly failed and refused and they still fail and refuse to the damage of plaintiff three hundred dollars, wherefore he sues etc.. D. Hubbard atto. P. Q

And said cause continued until this term to wit the April term and being the 10th day of April 1826 came the plaintiff by his attorney & says he is unwilling further to prosecute his suit in this behalf except for costs. It is therefore considered by the Court that the plaintiff recover against said defendants his costs in this behalf expended etc..

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#1067
John Paul, Executor etc. vs William L.? S.? Barton ) Debt

The state of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of William L.? Barton wherever he may be found in your County and him safely keep, so that you have his body before the judge of our next Court Court to be holden for said county at the Courthouse in the Town of Florence on the 1st Monday after the 4th Monday in September next to answer John Paul Executor of John Paul deceased of a plea that he render to him the sum of one hundred & seventy four dollars seventy five & three fourth cents which to him he owes & from him unjustly detains to his damage one hundred dollars. 
Herein fail not and have you this writ at the office of the Clerk of said Court three days previous to the said term. Witness Presley Ward Esq. Clerk of our said Court at office the 26th day of May 1824 and of American Independence the forty eighth year. Test P. Ward clk, Issued 26th day of May 1824.

Cause of action To wit, This action is founded on a note of hand executed by the defendant to the plaintiff (as & by the description of the Executor of John Paul deceased) on the 22nd February 1821 for the payment of one hundred & seventy four dollars seventy five & 3/4 cents due twelve months after date. No Bail required. George Coalter atto for the Plaintiff.

Sheriff’s return to wit Came to hand 4th of June 1824 Executed by delivering Wm. S. Barton a copy July 7th 1824. J. N. Baker shff by his deputy D.. W. McKee.

Declaration to wit
On the 14th day of November the plaintiff by attorney filed his declaration as follows to wit State of Alabama Lauderdale County Circuit Court fall Term 1824 John Paul by attorney complains of William S. Barton in custody etc. of a plea that he render to him the sum of one hundred & seventy-four dollars & seventy five & three fourth cents which to him he owes & from him unjustly detains. For that said Defendant (together with C. H. F.? Briscoe & E. H. D. T. Douglass who are not sued in this action, on the 22nd day of February 1821 at __ to wit in the County aforesaid made his certain writing obligatory signed with his name sealed with his seal and to the Court now here shewn bearing date the day and year aforesaid whereby he said defendant together with sd Briscoe & Douglass promised & bound themselves jointly or severally twelve months after the date thereof to pay the Executors of John Paul deceased on order one hundred & seventy four dollars seventy five & three fourth cents for value rec’d and the said plaintiff avers that he is the sole & only executor of John Paul deceased and he brings into court here the last will & testament of the said John Paul deceased which sufficiently prove the same: Yet said Defendant altho often requested hath not paid to the plaintiff said sum 
of Money above demanded nor have the said Briscoe & Douglass or either of them but to pay the same hath hitherto wholly failed & refused & still doth refuse to the damage of said Plaintiff $100 therefore he sues. Coalter & Irvine attos P. Q. Demurrer filed 5th September 1825 to wit. And now said Wm. S. Barton the Defendant by his attorney Wm. B. Martin 
comes & defends the wrong & injury when where etc. & says that the said declaration & the matters & things therein contained as the same are therein alledged & set forth are not sufficient in Law nor is the said defendant bound by the law of the land to answer the same & this he is ready to verify. Wherefore for want of a sufficient declaration in this 
behalf said defendant prays judgment etc. Wm. B. Martin for Deft. Joinder in Demurrer George Coalter atto. At the October term of said Court and being the 16th day of October 1824. Ordered by the Court that sixty days after the rise of this court be allowed plaintiffs to file their declarations and thirty days thereafter for defendants to file pleas etc. and said cause continued until this term to wit the April term and being the 10th day of April 1826. This day came the parties by their attornies & the defendants Demurrer to the Declaration being argued & by the Court heard & understood & deliberation thereupon had by the Court It is considered by the Court that said Demurrer be overuled & that the plaintiff recover against the defendant the sum of one hundred & seventy four dollars seventy five & three fourth cents the debt in the Declaration mentioned, together with the further sum of fifty seven Dollars & sixty cents damages sustained by the plaintiff for the detention of his debt also the costs in this behalf expended.

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#1086
Henry Anderson vs John H. Woodcock ) Case

The State of Alabama
To the Sheriff of Lauderdale County greeting:

You are hereby commanded to take the body of John H Woodcock wherever he may be found in your county and him safely keep, so that you have his body before the Judge of our next circuit court to be holden for said county at the Court house in the Town of Florence on the 1st Monday after the 4th Monday of Sept next to answer Henry Anderson of a plea of trespass on the case to his damage one hundred dollars, herein fail not, and have you this writ at the office of the clerk of said court three days previous to the 1st Monday after the 4th Monday in September next. Witness Presley Ward Clerk of our said Court at office the 28th day of August 1824 and of American independence the forty ninth year. Test P. 
Ward Clk. Issued 28th August 1824. Cause of action to wit. This action is brought to recover seventy eight dollars six & a fourth cents the amount of a note executed by Gibson & Bullard bearing date the 5 the day of July 1822 payable to Eli Sutton on the first day of December 1822 & by him assigned to said Henry Anderson & the payment of said note was guaranteed by said John H. Woodcock to said Eli Sutton on his order. No Bail required. McKinley & Hopkins Upon the same is the following return to wit Came to hand August 28th 1824 executed September 6th 1824 by delivering the within Defendant a copy. J. N. Baker shff by his Deputy A. W. H. Clifton At the October term of said Court and being the 16th day of October 1824 Ordered by the Court that sixty days after the rise of this Court be allowed Plaintiffs to file their Declarations, and thirty days thereafter for Defendants to file pleas etc.. Declaration to wit State of Alabama Lauderdale County Henry Anderson complains of John H. Woodcock in custody etc. of a plea of trespass on the case. For that whereas on the 5th day of July 1822 at Florence in the County aforesaid Gibson & Ballard made their certain promissory note bearing date the day & year aforesaid whereby they promised to pay to a certain Eli Sutton by the name & description of E. Sutton the sum of Seventy eight dollars & six & one fourth cents on or before the first day of December next thereafter. And the said John H. Woodcock for value recd then & there by his endorsement in writing on the said promissory note guaranteed the payment of the said sum of money in the said promissory note specified to the said Eli Suton & then & there delivered the said promissory note so indorsed to the said Eli Sutton and afterwards to wit on the __ day of __ in the County aforesaid said sum of money in said promissory note specified being then wholly unpaid the said Eli Sutton by his indorsement in writing on the said promissory note ordered & appointed said sum of money in said promissory note specified to be paid to the said Henry Anderson by the name & description of H. Anderson & then & there delivered said promissory note so endorsed to the said Henry Anderson of which the said John H. Woodcock then & there had notice. Yet the said Gibson & Ballard did not nor would when said promissory note became due & payable as aforesaid or at any other time before or since pay to the said Henry Anderson said sum of $78.61/3/100 but became wholly insolvent & unable to pay the same to the said Henry Anderson. By means whereof the said John H. Woodcock, 
then & there became liable to pay to the said Henry Anderson said sum of $78.61/4/100 & being so liable he the said John H. Woodcock afterwards to wit on the __ day of __ aforesaid upon himself undertook & faithfully promised to pay to the said Henry Anderson said sum of $78.61/4/100 when he should be thereunto afterwards requested. Yet the said John H 
Woodcock (although often requested) so to do, hath not yet paid to the said Henry Anderson said sum of $78.61/4/100 or any part thereof: but to pay the same, he the said John H. Woodcock hath wholly failed & refused & still doth fail & refuse to the damage of the said Henry Anderson $100 & therefore he brings his suit etc. McKinley & Hopkins

Demurrer to wit
And now said defendant by his attorney comes & defends the wrong & injury when etc. and says that said plaintiff ought not to have and maintain his aforesaid action thereof against him because he says that the Declaration & the matters & things therein contained in manner & form as the same are above stated & set forth are not sufficient in law for said Plaintiff to have or maintain his aforesaid action thereof against him Said defendant & that he is not bound by the Law of the land to answer the same: wherefore for want of a sufficient declaration in this behalf the said defendant prays Judgment and that said plaintiff may be barred from having or maintaining his aforesaid action etc.. Coalter & Irvine for Deft. Joinder McKinley & Hopkins And said cause continued until this term to wit the April term and being the 10th day of April 1826 came the parties by their attornies & the defendant’s demurrer to the plaintiff’s declaration being argued & by 
the Court heard & fully understood & deliberation had thereupon. It is considered by the Court that the sd Demurrer be overruled & that the sd plaintiff recover against the defendant the sum of seventy dollars & thirty four cents the residue of the debt in the plaintiff’s declaration mentioned together with the sum of seventeen dollars & seventy five cents damages sustained by the Plaintiff by the detention of his sd debt. Also his costs in this behalf expended etc..

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#1087
Benjamin Seixas vs William M. Burton ) Case

The State of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of William M. Burton wherever he may be found in your County and him safely keep so that you have his body before the Judge of our next Circuit court to be holden for said County at the Court house in the Town of Florence o the first Monday after the 4th Monday in Sept inst to answer Benjamin Seixas of a plea 
trespass on the case to his damage five hundred Dollars, herein fail not, and have you this writ at the office of the clerk of said Court three days previous to the 1st Monday after the 4th Monday of September inst. Witness Presley (Ward) Clerk of our said Court at office the 7th day of September 1824 and of American independence the forty ninth year. Test P Ward Clk Issued 7th day of September 1824. Cause of action to wit.


This action is brought to recover damages for the amount of a Bill of exchange interest & damages drawn by the defendant upon Reuben Burton of Richmond (written as Richardmond) Virginia in favor of the plaintiff for the sum of three hundred & eighteen dollars & thirty three cents payable on the fifteenth day of March 1824 & dated Florence Feb 24 1824 which Bill has been duly protested for non payment. No Bail required. McKinley & Hopkins. Sheriffs return to wit.
Came to hand Sept 7th 1824 A. W. H. Clifton D. S. Executed 10 Sept 1824 on the Defendant by delivering a Copy of the within writ J N Baker shff by his deputy D. W. McKee

At the October term of said Court and being the 16th day of October 1824 Ordered by the Court that sixty days after the rise of this Court be allowed plaintiffs to file their declarations and thirty days thereafter for defendants to file pleas etc..

On the trial Docket of said Court is the following indorsement To wit And now at this day to wit the 21st September 1825 Came the defendant by attorney and enters Judgment of non suit for want of a declaration Coalter & Irvine attos Pro. Deft. 

State of Alabama Lauderdale County
Benjamin Seixas complains of William M. Burton in custody etc. of a plea of trespass on the case. For that whereas on the 24th day of February 1824 at Florence in the County aforesaid the said William M Burton by the name & description of Wm M Burton made his certain Bill of exchange in writing bearing date the day & year aforesaid by which he requested a 
certain Reuben Burton of Richmond Virginia to pay to the said Benjamin Seixas the sum of three hundred & eight Dollars & thirty three Cents value recd on the 15th day of March 1824 & then & there delivered the said Bill of exchange to the said Benjamin Seixas. And afterwards to wit on the __ day of __ 1824 at the said City of Richmond to wit in the County aforesaid the said bill of exchange was duly presented to the said Reuben Burton & payment thereof demanded, but the said Richard Burton nor any other person would then or at any time before or since pay to the said Benjamin Seixas said sum of money in said Bill of exchange specified or any part thereof of which the said William M Burton afterwards to wit on the __ day of __ in the County aforesaid had notice by means whereof the said William M. Burton then & there became liable to pay to the said Benjamin Seixas said sum of Money in said Bill specified & being so liable he the said William M. Burton then & there assumed upon himself undertook & faithfully promised to pay to the said Benjamin Seixas said sum of $308.33/100 when he should be thereunto afterwards requested. Yet the said William M. Burton (although often requested so to do) hath not yet paid to the said Benjamin Seixas said sum of $3008.33/100 he the said William M. Burton hath wholly failed & refused & still doth fail & refuse the same to pay to the damage of the said Benjamin Seixas $500 & therefore he brings his suit. McKinley & Hopkins 

 

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Plea to wit.
And now said Defendant by attorney comes and defend the wrong and injury when etc. and prays Judgment of the said writ & declaration because he says that between the endorsement of the said writ and the declaration aforesaid there is a material variance in this, that the plaintiff by the endorsement on the writ aforesaid states his action to be brought to 
recover damages for the amount of a bill of exchange interest and damages drawn by the Defendant on Reuben Burton of Richard-mond Virginia for the sum of three hundred & eighteen dollars and thirty three cents in favour of the plaintiff and in declaring he has set out and founded his said Declaration upon a Bill of exchange drawn by the Defendant on 
Reuben Burton of Richmond Virginia in favour of the plaintiff for the sum of three hundred & eight dollars & thirty three cents. Wherefore for said variance said Defendant prays Judgment of said writ and declaration & that the same may be quashed etc.. Coalter & Irvine attos for Deft. At the April Term of said Court, and being the 10th day of April 1826. Came the plaintiff his attorney & dismisses his suit. It is therefore considered by the Court that sd suit be dismissed & that the Defendant recover against the plaintiff his costs about his defence in this behalf expended & depart hence without day.