In March of 1811, Perly Wallis sued Jacob Durst in the Court of Common Pleas, alleging that Durst had made out a promissory note to Thomas Clary the previous year for $100. Clary had assigned the note to Wallis, but Durst refused to pay Wallis. Wallis claimed damages of $150. A copy of the original note is in the record; Hewes Scull witnessed it.

After hearing Wallis, Judge Francois Vaugine directed the court clerk, Patrick Cassidy, to issue a summons to Durst. Sheriff Daniel Mooney executed the summons. However, unfortunately for Wallis, the court did not convene in April or August of 1811. The parties may have both been present, but the court lacked the necessary two judges. In December the court convened and Wallis moved for a judgment by default-apparently Durst did not appear. The court granted the motion.

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