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Billingsley
vs
Bell assee

Filed 6th day April 1824
D. E McKinney clk

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Territory of Arkansas
County of Crawford
Sct

Pleas before the Honbl Richard Searcy Judge of the Second Judicial district of the Territory aforesaid, began and held at the court house in the county of Crawford on Monday the twenty Second day of March in the year of our lord one thousand eight hundred and twenty four
The record and proceedings in the case of Robert Bell assee of Armistead Smoot against James Billingsley

Robert Bell assee
against
James Billingsley
Summons

Territory of Arkansas
County of Crawford
Big Creek Township
Sct

The United States of America To the constable of the aforesaid Township Greeting Summon James Billingsley to appear before me a Justice of the peace on the 27th day of December at my dwelling house between the hours of ten in the forenoon and three o'clock in the afternoon on Said day to answer unto Robert Bell assee of A. Smoot in an action of debt by acct Given under my hand and Seal this 15th day of December 1823
John Wilsen JP (seal)

15th December 1823 issued a Summon Robert Bell assee of Armisted Smoot vs James Billingsley Sr on an open account trial 27th December 1823, 27th December 1823 the aforesaid Summon returned. Served the within the 19th December 1823 in big creek Township by reading.
Signed B. Newton constable

The aforesaid Parties attended trial Bell by Armistead Smoot as agent, and James Billingsley, and trial laid over to 29th December as James Billingsley requested a Jury the following Gentlemen were agreed upon as a Jury to try the above case, 29th December 1823.

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the parties attended and submited this case to Sumner Bacon John Joy Curry Barnett Hugh Simpson George Morah Abraham Horback Gentlemen as Jurors the said Jurors being duly sworn and empanneled and these witnesses being sworn and examined on the case and then accounts being presented to the Jury, the Jurors verdict was as follows ( to wit) We the Jury Sworn to try the case wherein Robert Bell assignee of Armistead Smoot is Plaintiff and and James Billingsley is Defendant do find for the Plaintiff fifty one Dollars twelve and one half Cents.- December 29th 1823. Sumner Bacon John Joy Curry Barnett Hugh Simpson Abraham Hornback, the verdict of the aforesaid Jury is confirmed as Judgement in favour of the aforesaid Robert Bell against the aforesaid James Billingsley for the sum of fifty one Dollars 12. ½ Cents with costs of Suit by me
John Wilson J P

the Defendant made application for the appeal on the day of trial (appeal bond)

Know all men by these presents that we James Billingsley Sr and John Billingsley Jr are held and firmly bound unto Robert Bell in the Sum of one hundred and two Dollars, which Sum we bind ourselves our heirs &c well and truly to pay unto the aforesaid Robert Bell his heirs &c Given under our hands and Seals this first day of January 1824
The Condition of the above obligation is Such that whereas the above Robert Bell has obtained a Judgement before me John Wilson as Justice of the peace for the county of Crawford for the Sum of fifty one Dollars twelve & ½ cents against the above bound James Billingsley, and the [Image of page 4] Said James Billingsley has prayed an obtained an appeal from Said Judgement to the Crawford County Circuit Court, now if the Said James Billingsley should prosecute said appeal with effect or in case he be cast shall pay all costs and Damages and abide the Judgement of Said Court then this obligation to be void otherwise to remain in full force in favour of said Robert Bell against the above James Billingsley and John Billingsley Security as a appeal bond according to Law. Signed with our hands and Seals the date above
James Billingsley (seal)
John Billingsley (seal)

in presence of
John Wilson

Robert Bell, assee
vs
James Billingsley
Appeal from Justice

And now on this day came the parties by there attorneys and it appearing to the satisfaction of the court that Robert Bell had not been noticed of the appeal in this case according to Law. It is therefore ordered by the court on motion Dickinson that the above named Robert Bell have and recover of the Said James Billingsley and John Billingsley his security the Sum of fifty one dollars twelve and one half Cents bring the amount of this Judgement before the Justice together with his costs by him about his Suit in this behalf refundable and the Said James Billingsley and John Billinsgley in money &c

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James Billingsley
vs
Robert Bell assignee
of Armistead Smoot
Crawford circuit court March Term 1824

Be it remembered that on this the the trial of this cause the appellees counsel moved the court to set aside the proceedings in Said cause on the ground of being no written notice Served on the appellee ten days previous to the Sitting of this court, and the court was of opinion that said proceedings be set aside for want of said written notice. To which opinion the the appellants counsel excepted for the following reasons 1st said counsil offered to produce John Wilson Esqr the Justice before whom said cause was tried below as evidence to prove that the appeal was prayed for on the day of Said trial but it did not appear on the Justices docket that said appeal was prayed, second that on the application of Said appellants counsil, said court refused to take up and try said cause de novo in Said circuit court, which said exceptions were overRuled by Said court, wherefore Said exceptions were prayed to be Signed sealed and made a part of this record in Said cause
Signed
Richd Searcy (seal)

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Costs
Before Justice $23..29
Sheriffs fees 2..97
clerks fees 6..83 ½
Attorneys fees 3..00
Witnesses fees 1..00
$3709 ½ $37.09 ½

Territory of Arkansas
County of Crawford
Sct

I George C. Pickett clerk of the Crawford circuit court do certify that the foregoing record is a correct copy of the proceedings in the above case, taken from the records in my office

In Testimony whereof, I have hereunto Set my hand and affixed the Seal of office this 31st day March 1824
George C. Pickett clk

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