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Costs taxed in fee Book No 18
Page 100

James Lemons
vs } Debt
August A Couteau

Debt $500
Damage $1000
Bail $800

Filed October 13th 1828
Attest
Daniel Ringo D.C

1828 Octr term Contd &c

1830 July Term Judgt for Deft for Costs

(Left)
Executed this writ & Declaration on August Chouteau By taking his body into custody where upon he entered into Bond and security as directed which bond is herewith Returned Little Rock sept. 22nd 1828.
service          $100
Bail Bond         50
                     1.50
S Cotten D shff

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Territory of Arkansas
County of Pulaski
Sct

In the superior Court in and for said Territory to October term 1828
James Lemmons by his Attorney complains of August A Chouteau of a plea that that he render unto him the said James Lemons the sum of five hundred Dollars lawful money of the United States which he the said August A Chouteau owes to him the said Lemons and from him unjustly detains

For that whereas one William T Williams by the style and signature of W T Williams heretofore to wit on the fifth day of October in the year of our Lord one thousand eight hundred and twenty four at the County of Pulaski aforesaid and Territory of Arkansas aforsaid and within the Jurisdiction of this court by his note under his hand of the date last aforsaid for value Received promised to pay to the order of the said August A Chouteau (defendant) the sum of five hundred Dollars on or before the twenty fifth day of [Image of page 3] December then next ensuing but long since past. And the said August A Chouteau then, afterwards, to wit on the sixth day of October in the year last aforsaid by his endorsement of the same note in writing signed with his own proper hand for value received assigned the said note to the said plaintiff James Lemons thereby ordering the contents thereof then unpaid to be paid to the said plaintiff according to the tenor of said note and the said plaintiff there afterwards to wit on the twenty fifth day of December in the year one thousand eight hundred and twenty four aforsaid made delligent search after the said William T Williams to demand payment of him of the said sum of five hundred Dollars in the said note mentioned and has continued to make dilligint inquiry for the said Williams up to the time of bringing this suit, but he the said plaintiff could not find him and avers that sd Williams was not at the time of such assignment nor is he now a citizen or residing in this Territory nor has he any property or assets whereon the aforesaid amt or any part thereof could be made or collected and further that sd Williams never did reside within this Territory whereof the said August A Chouteau had notice to wit on the twenty second day of September in the year one thousand eight hundred and twenty eight whereby and by virtue of the statute in such case made [Image of page 4] and provided an action hath accrued to the said James Lemons to demand and have of and from the said August A Chouteau the said sum of five hundred Dollars above demanded
Yet the said August A Choteau (although often requested so to do) hath not as yet paid the said sum of five hundred Dollars above demanded or any part thereof to the said James Lemons But he to do this hath hitherto wholy refused and still doth refuse. To the damage of the said James Lemons one thousand Dollars and therefore he sues –

Wm Cummins
P.Q

As this is an action of Debt founded on a note in writing the Clerk of the Superior Court will issue a capias ad respondendum directed to the sheriff of Pulaski County and require Bail in the sum of eight hundred Dollars and oblige
Wm Cummins

A.P. p.147
Ch.P.3d vol p.181-2
Ch.B Tile Indmet
Digest L. M. p.246

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