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Wright Daniel v. Alexander W. Mitchell

Abstract

Wright Daniel was one of the early settlers and landowners of what is today North Little Rock, owning "Big Rock Farm" on the north side of the Arkansas River in Pulaski County. In February of 1827, Daniel filed a lawsuit in trespass on the case for promises against Alexander W. Mitchell. Daniel was represented by Chester Ashley, and alleged that his servants had performed labor for Mitchell with his wagon and team, and had supplied Mitchell with a pair of millstones, 1,000 bushels of Indian corn, and one hundred pounds of bacon, and had never been paid. Daniel alleged that Mitchell owed him $500 for the services and $500 for the millstones and food. He asked for $1,000 in damages. Appearing before Superior Court Clerk David E. McKinney on February 6, Daniel testified under oath that he believed that Mitchell was not a resident of Arkansas Territory and was not living there. Thus, he could not be served with process, and Daniel believed that Mitchell was planning to remove his property from the territory. Therefore Daniel requested that the sheriff of Arkansas County be commanded to attach $353.25 worth of Mitchell's property.

McKinney issued the attachment. On February 13, Arkansas County Sheriff H.B.R. Thetford served the writ of attachment in the presence of Abraham Allen on four mules, one horse and "one negro man named Murray." The sheriff would have taken custody of this property until Mitchell or someone on his behalf put up bond to guarantee his appearance at trial. There is no indication of any bond in the extant case file. Attorney Samuel C. Roane appeared at the April Term submitting a plea on behalf of Mitchell which is not complete–it is missing at least the last word. The case was continued to the October Term, at which time the record book notes that the "death of the P being suggested to the court, ordered that the suit abate." At the April 1828 Term, the court ordered the suit abated, or dismissed.

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