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John Miller v. John Fowler
Declaration, Capias and Return



 

[image of page 1]

filed 29 Novr 1812
No 21 to November 1812
Arkansas Com pleas
Novr Term 1812

John Miller
}
debt $156

dam 250

}
}

vs
John Fowler

 



this is an action of debt
Bail required for $250
P. Cassidy Clk

October 1st 1812 Executed the within by reading the Declaration writ &c to the defendant
therein named
D Mooney, Shff

the above endorsed by mistake
no service being yet made
[crossed out]

[Text to left]

Executed 3rd Nov 1812
Cepi corpus & Bail Bond
D Mooney shff

Fees

Service $1.00
Mileage .10
Bail Bond . 50

$1.60

[Text to Right]

John Miller
}
Debt 156$

Damage $250

}
}

vs
John Fowler

 

 

 

The Clerk of the Court of Common Pleas will endorse this is an action of Debt for the recovery of One hundred and fifty Six Dollar Damage one hundred and fifty Bail required-
The Clerk will endorse a Capias ad respondendum And endorse Bail require on the within Declaration in the Sum of Two hundred and fifty Dollars

Perly Wallis

[image of page 2]

Territory of Lousiana
}
Ss
For the Court of Common Pleas November term one Thousand Eight hundred and twelve—

}

Destrict of Arkansas


 

 

 

John Miller (by Perly Wallis his atty) comes into Court and Complains of John Fowler in a Plea that he render to him One hundred and fifty Six Dollars which to him he owes and from him unjustly Detains for this that whereas the aforesaid John Fowler on the twenty Second day of August One thousand Eight hundred and Eleven gave his Promisory note to Mathew Rogers dated the Day and year aforesaid with the afsd John Miller his Security to said note for the sum of one hundred and fifty Six Dollars which Said note was Signed by the afsd John Fowler and John Miller his Security and Sealed with their Seals and now here to the Court shewn which Said note the afsd John Fowler failed to Pay to the afsd Mathew Rogers or any part of the Same and which Said note the afsd John Miller his Security Paid to the afsd Mathew Rogers at the Special instance and request of the afsd John Fowler which will more fully appear by the Receipt on Said note which is here to the Court Shewn and which Said Sum of one hundred and fifty Six Dollars he the afsd John Fowler became [image of page 3] Lyable to pay to the afsd John Miller in manner and form as afsd which Said Sum of money he the afsd John Fowler undertook and faithfully promised to pay unto the afsd John Miller when ever afterwards thereto requested yet the afsd John Fowler although often requested, the afsd Sum of one hundred and fifty Six Dollars or any Part thereof to the Said John Miller hath not paid, but the Same to him to pay hitherto hath altogeth refused to pay and still doth refuse to pay to Damage of the afsd John Miller Two hundred and fifty Dollars wherefore he brings Suit &c

Perly Wallis atty

[image of page 4]

Territory of Louisiana
}
Sct the United States of america to the Sheriff of arkansas District Greeting—

}

District of Arkansas


 

 

We command you that you take John Fowler if he may be found within your bailiwick and him safely keep so that you have his body before the Judges of our Court of Common pleas to be holden in the town of Arkansas in and for the District of arkansas on the fifth Monday of November next then there to answer unto John Miller in a plea of debt one hundred and fifty Six dollars, and to his damage as he says two hundred and fifty dollars and have you then there this Writ

(red wax seal)

Witness the Honorable francois Vaugine Esq presiding Judge of our Said Court at the town of arkansas aforesaid this twelfth day of September in the year of our Lord one thousand eight hundred and twelve and of the Independence of the United States The thirty Seventh

P Cassidy Clk

 



 

 

 

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