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Copy
William Montgomery
avs.} appeal
Daniel Danby assee
James Demoss

Filed Octr. 11^th 1824
D E McKinney
clk

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No.1

(Copy No 1)

The Territory of Arkansas. Arkansas County Circuit Court of the Term of May in the Year of our Lord one thousand Eight hundred and twenty four, Arkansas County
SS

Daniel Danby Indorsee or assignee of James Demoss Complains of William Montgomery of a plea of Trespass on the Case on promises &c for that whereas the said defendant, heretofore to wit, at the County of Arkansas on the nineteenth day of March in the Year of our lord one thousand Eight hundred and Twenty three made his Certain promissory note in writing bearing the date the day and year aforesaid and thereby then and there promised to pay nine months after the date thereof to one James Demoss or assigns the sum of four hundred dollars lawful money of the United States for Value received and then and there delivered the said promissory note to the said James Demoss, and the said James Demoss to whom or to whose assigns the payment of the said Sum of money in the said promissory note Specified was to be made after the making of the said promissory note and before the payment of the said sum of money therein specified to Wit at the time and place aforesaid indorsed or assigned the said promissory note by which said Indorsement or assignment he the said James Demoss then and there ordered and appointed the said sum of money in the said promissory note specified to be paid to the said plaintiff or order without recourse on him the said James Demoss and then and there delivered to the said promissory note so Indorsed [Image of page 3] or assigned as aforesaid the said plaintiff by means whereof and by force of the statute in such case made and provided the said defendant then and there became liable to pay to the said plaintiff the said sum of money in the said promissory note specified according to the tenor and effect of the said promissory note and being so liable he the said defendant in Consideration thereof afterwards to wit at the time and place aforesaid, undertook and then and there faithfully promised the said plaintiff to pay him the said sum of money in the said promissory note specified according to the tenor and effect thereupon

Nevertheless the said defendant not regarding his said promise and undertaking, but contriving and fraudulently intending, craftily subtilily to deceive and defraud the said plaintiff in this behalf, hath not as yet paid the said sum of money in the said promissory note specified or any part thereof to the said plaintiff, altho. the same has long Since been due, and altho. often requested so to do. But the said defendant to pay him the same hath hitherto wholly neglected and refused and still doth neglect and refuse To the damage of the said plaintiff Eight hundred dollars and therefore he brings his suit &c

Wm Pugh Jr. atto for plff

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(on the Back is the following Endorsements Viz)
Arkansas County Circuit Court of the Term of May 1824

Danl Danby
vs } Declan in case &c
Wm Montgomery

Debts 400
Damags 800

This is an action of asst. on a promissory note the Clerk will Issue a Summons in this case returnable to May Term 1824 W Pugh J. atty

Summons case no bail required
Eli J Lewis clk

Declaration filed 16 Feby. 1824 Eli J Lewis clk

No. 2
Territory of Arkansas
County of Arkansas
SS
The United States of america to the Sheriff of the County aforesaid Greeting
WE Command You, that You Summon William Montgomery if he may be found within Your County to appear before the Judge of our Circuit Court, at a Court to be holden at the Town of Arkansas, in and for the County aforesaid on the first Monday in may next (being the third day of said month) then and there to answer the within named Daniel Danby Indorsee or assignee of James Demoss in a plea of Trespass on the Case on promises &c [Image of page 5] Debt four hundred dollars and to his damage Eight hundred dollars and have you then there this writ

(Seal)

Witness Eli J Lewis clerk of our Said Circuit Court at Office. Given under my hand and Seal official this 16^th day of February 1824 and of the Independence of the United States the 48^th

Eli J Lewis clk

(On the back is the following endorsement Viz)
Served this writ by reading it and the within declaration to the within named William Montgomery at the Township of Mississippi on the 10^th day of March 1824 Sheriffs fees
Serving writ 80
Milage 80 Circular miles @ 5 4.00
$4.80
James Hamilton Sheriff
By James R. Allbrook Depy

(from the record of the Circuit Court Arkansas County)
Wednesday morning 6^th May 1824 Court met pursuant to adjournment. Present the Honorable Thomas P Eskridge Judge

Daniel Danby
vs }assumpsit &c
William Montgomery

plea filed & continued

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[margin]
No. 3
Notes

Nine months after date I promise to pay to James Demoss or assigns fore hundred dollars lawfull money of the United States for Value Recd this 19^th of March 1823
E F Ingram
William Montgomery

(Endorsement Viz)
I do hereby assign all my right title Interest claim and demand in and to the within note without recourse on me to Daniel Danby or order for Value recd.
James Demoss

William Mongumery note to Demoss for $400
Filed 6 Septr 1824 Eli J Lewis Clk

[margin]
No 4 (Bond)

Know all men by these presents that we Daniel Dansby and Robt McKay are held and firmly bound unto William Montgomery and the officers of the Circuit Court for the County of Arkansas in the penal sum of one hundred dollars to be paid to the said William Montgomery & the officers aforesaid to which payment well and truly to be made we bind ourselves our executors administrators & assigns firmly by these presents sealed with our Seals dated the 4^th day of May 1824

The Condition of this Obligation is Such that whereas the said Daniel Dansby Commenced an action of assumpsit against the said William Montgomery in the Circuit Court for the County of Arkansas aforesaid, the writ [Image of page 7] made returnable to the May term of said Court 1824. Now if the said Daniel Dansby Shall well and truly prosecute said Suit to final Judgment and execution against the said Montgomery and the Costs of suit thereby be made of the said Montgomery or in Case Judgment be rendered against said Dansby in said suit & he shall well and truly pay all the Costs that may then have accrued in said Suit then this Obligation to be void, otherwise to remain in full force, virtue and effect
Daniel Dansbee (seal)
Robt McKay (seal)

filed 6 Septr 1824 Eli J Lewis Clk

(No 5)

William Montgomery
avs
Daniel Dansbee who hath sued by the name of Daniel Danby

And the said William Montgomery in his own proper person Comes and defends the wrong and injury when &c and prays Judgment of the said writ because he says that the said Daniel Danby the now plaintiff now is and before and at the time of the Commencement of this suit aforesaid was Called and known by the Surname of Dansbee to wit, at the County of arkansas & within the Jurisdiction of this Court aforesaid without this that he the said Daniel Danby the now plaintiff now is [Image of page 8] or before or at the time of the Commencement of this Suit aforesaid, was called or known by the Surname of Danby as in and by the Said Writ &c is above Supposed and this he the said William Montgomery is ready to Verify wherefore he prays Judgment of the said writ &c and that the same may be quashed &c William Montgomery being duly Sworn Says that the above plea is true to the best his knowledge & belief

Wm Montgomery
Sworn to and Subscribed
before me this 7 of September
1824 in open Court
Eli J Lewis Clk

(Endorsements)
Montgomery
vs } plea
Danbee, who hath Sued by the name of Danby
filed 7^th Septr. 1824 Eli J Lewis clk

(from the record of the Circuit Court Arkansas County)

Tuesday morning 7^th September 1824 Court met pursuant to adjournment present as before the Honorable Thomas P Eskridge Judge

William Montgomery
avs }case
Daniel Danby

pleas by parties non assumpsit payment and notice of Sett off, two Bills of Exceptions filed and ordered to be made part of the record viz,

(No 6)
William Montgomery
avs } Circuit Court of Arkansas September term AD 1824
Daniel Danby

Be it remembered That on this Seventh day of September in the Year of our Lord one thousand Eight hundred and twenty four, at the September term of the said Court the defendant moved the Court to set aside all the proceedings in this Cause upon the ground that the plaintiff not being a resident of this Territory was bound under the Statute to file a Bond for the security of the Costs before the Commencement of this suit. which motion was overruled by the Court upon the ground that the plaintiff had a right to file a Bond at any time pending the said suit and said plaintiff thereupon filed a bond to which opinions of the Court the defendant Excepts and prays that this his bill of Exceptions may be Signed Sealed and made a part of the record in this cause

Thos. P Eskridge (seal)
filed 7^th Septr 1824 Eli J Lewis clk

No 7
William Montgomery
avs } Circuit Court Arkansas County September term AD 1824
Daniel Danby

Be it remembered that this is an action of assumpsit for four hundred dollars com [Image of page 10] menced in the Circuit Court of the County of Arkansas returnable to the next term of Said Court at which said term it was verbally agreed before the Court that the Case be continued, and that the defendants attorney R C Oden the attorney in this Case Should file a plea within twenty days & marked on the record a plea filed, altho. the same was not filed and said Cause Continued and on the first day of the September term of said Court the defendant appeared and filed a plea in abatement for the missnomer of plaintiffs name, which said plea was rejected by the Court upon the ground that the defendant not having filed his plea within the said Twenty days, agreeable to said Verbal agreement Could not Come in and file a plea of abatement which was therefore rejected and defendant ordered to file a plea to the merits to which opinions of the Court the defendant by his counsel excepts and prays that this his Bill of Exceptions may be signed Sealed and made part of the record

Thos P Eskridge (seal)
Filed 7^th Septr 1824 Eli J Lewis clk

(from the Record of the Circuit Court Arkansas County)
Wednesday morning 9 oclock Court met pursuant to adjournment present as before the Honorable Thomas P Eskridge Judge

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Daniel Danby assee
James Demoss
vs } Case
William Montgomery

And now at this day came the parties by their attornies, and no Jury being required the case is Submitted to the Court and after the hearing of the testimony, is Considered by the Court that the said Daniel Danby assee have and recover of the said William Montgomery the Sum of four hundred and Seventeen dollars damages together with Costs and that he have Execution therefor and the said defendant by his attorney prays an appeal which was granted accordingly, whereupon Charles Kelly & Bartley Harrington offered as Securities and was accepted of by the Court

Know all men by these presents that we William Montgomery, B Harrington and Charles Kelly are held and firmly bound unto Daniel Danby assee of James Demoss in the Just and full Sum of Eight hundred & thirty four dollars to be paid unto the said Daniel Danby assee his certain attorney, his executors administrators or assigns for the payment whereof well and truly to be made we bind ourselves our heirs Executors and administrators Jointly and Severally firmly by these presents Signed and Sealed with our Seals, this 8^th day of september 1824. The Condition of the above [Image of page 12] obligation is Such that whereas at a Circuit Court held at Arkansas in and for the County of Arkansas on this day the 8^th of Septr 1824 in an action of debt depending in the said Court between the above named Daniel Danby asse plaintiff and the above bound William Montgomery defendant. It was Considered by the Court that the said Daniel Danby assee should recover against the said William Montgomery the Sum of four hundred & Seventeen dollars damages together with Costs. from which Judgment the said William Montgomery hath appealed to the next Superior Court of Arkansas Territory. If therefore the said William Montgomery shall prosecute the said appeal with effect or pay and Satisfy the Judgement aforesaid, and all Such Costs and damages as Shall be awarded against him in Case the Said Judgement Shall be affirmed, Then this obligation to be Void Else to remain in full force & virtue

William Montgomery (seal)
B. Harrington (seal)
Charles Kelly (seal)

Signed Sealed and
delivered in presence of
Eli J Lewis

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Territory or Arkansas
County of Arkansas
1^st Judicial District

I Eli J Lewis Clerk of the Circuit Court for County aforesaid do hereby Certify that the foregoing Eleven pages is a true perfect and entire Copy of the record and all the papers on file in my office In the suit of Daniel Danby assignee of James Demoss against William Montgomery

In Testimony whereof I have hereunto Set my hand & Seal of Office at Arkansas this 29^th day of September AD 1824 and of the Independence the 49^th

Eli J Lewis clk

(Stamped seal)

Fee Bill of Clerk

Declaration & Tax fees to May term $200
appearance motion & rule .30
Entering plea filed & Continuance .35
Motion & rule Sept term .20
Entering plea .10
filing Bond .25
Do 4 papers & precipae .50
“Swearing 2 witnesses 12 ½
“Entering Judgement 50
making out appeal bond & filing 75
Copy of papers in appeal 4.13
(nine Dollars 20 Cents) $9.20

Eli J Lewis clk

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