On August 13, 1814, Perly Wallis, representing himself, filed a declaration in the General Court, complaining that Henry Cassidy had failed to pay him for "work and labour" done at Ouachita in the Orleans Territory, as well as for "meat and drink" and for "goods wares and merchandise sold and delivered" and for money that Wallis had spent for the benefit of Cassidy. The amount sued for was a debt of $406.78 and damages of $800.00. Two days later, Judge George C. Bullitt ordered Clerk John Dodge to issue a capias writ for Henry Cassidy, directing the sheriff to hold Cassidy until the next term of court. Sheriff Daniel Mooney executed the writ on Cassidy the following day.

Cassidy made bond for $800 on the same day he was served with the writ. His security was James Currin; Eli P. Lewis and Henry Smith witnessed the bond. On September 5, the case was called in court and Henry Cassidy, also representing himself, filed a demurrer, arguing that the writ contained the wrong year; that the alleged cause of action was not under the jurisdiction of the court; that there were differences between the declaration and the writ; and that the declaration did not contain sufficient information. The record book indicates that on Sept. 7, Wallis filed a plea, which is probably the document titled "Amendment." On Sept. 14, the record book notes that the "pleas traversed, issue joined and cause continued," terminology from common law pleading of the time that means the parties had agreed on one issue in dispute.

At the April 1815 Term of court, Henry Cassidy again demurred to Wallis's pleadings. This time the court agreed with Cassidy and dismissed the suit.

Previous Case | Next Page