This controversy originated between Armistead Smoot and James Billingsley. Smoot claimed that Billingsley owed him money. Smoot then transferred the cause of action to Robert Bell, who sued Billingsley in debt by account as Smoot's assignee. Constable B. Newton served the subpoena on Billingsley on December 19. The trial took place before Justice of the Peace John Wilson of Big Creek Township, Crawford County on Dec. 29, 1823, at Wilson's house. Billingsley demanded a jury and accordingly Sumner Bacon, John Joy, Curry Barnett, Hugh Simpson, George Morah and Abraham Horback were sworn as jurors. The jurors found for Bell. On the same day, Billingsley "made application for the appeal" and several days later posted an appeal bond. John Billingsley Jr. served as his surety.

The case was appealed to the Crawford County circuit court, where Judge Richard Searcy presided at the March 1824 Term. At that hearing Bell's attorney "Dickinson" (Townsend Dickinson) argued that the proceedings should be set aside because he had not had notice of the appeal. However, the attorney for Billingsley (who is not named in the record) argued that first, Billingsley had asked for appeal on the day of the trial, and second, Billingsley was asking for a trial de novo. The judge agreed with Bell and set aside the proceedings. Billingsley appealed again, this time to the Superior Court. Clerk George C. Pickett sent the record up to David McKinney, clerk of the Superior Court.

On Friday, October 15, 1824, Judges Benjamin Johnson, Andrew Scott and William Trimble presiding, the court issued its decision. The judges reversed Judge Searcy, ruling that the record clearly showed that Billingsley had prayed for the appeal on the day of trial. Bond was not necessary for another ten days, and in this case bond was timely made. Thus the court remanded the case back to Judge Searcy's court for a new trial. The decision of the judges was later reprinted in Hempstead's Reports and that decision is reproduced here.

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