|
[Image of page 1]
Andrew Finney
vs } Scire facias as Bail in case of Finney vs Whetstone
Josiah Hoskins
To April Term 1829
I have made known to said Josiah Hoskins as I am within commanded by
reading Squire Ward & Michael Cloy two good & lawful men
of my Bailiwick & have given him due notice of the same by reading
the within Scire Facias in the presence of said two lawful men in Oden
Township Chicot County this 23rd Day of Feby 1829.
Service 80¢
mileage 26 miles 5¢ 1.30
W B Patton Shff
[Image of page 2]
Territory of Arkansas sct
The United States of America to the Sheriff of the County of Chicot Greeting
whereas heretofore to wit on the 13th day of March in the year of our
Lord 1827 a certain Andrew Finney sued caused to be issued out
of the Clerks office of the Superior Court of said Territory a certain
writ of capias ad respondendum against one Peter Whetstone directed to
the Sheriff of the County of Chicot commanding him to take the body of
the said Peter Whetstone if to be found in his bailiwick & him safely
to keep and to have his body before the judges of our said Superior Court
at the Court house in the town of Little Rock in the County of Pulaski
on the first day of the April term of said Court then next ensuing then
& there to answer the said Andrew Finney to a plea of Debt damages
Three Hundred dollars and also to make due return of the said writ to
our said Superior Court on which said writ was an endorsement requiring
the said Sheriff on executing the same to take bail of the said Peter
Whetstone in the sum of Two hundred dollars which said writ afterwards
to wit on the [ ] day of 1827 and before the return day thereof came to
the hands of the said sheriff of the County of Chicot to be executed and
whereas afterwards to wit on the 26th day of March 1826 and before the
return day of the said writ the said sheriff did take into his custody
the body of the said Peter Whetstone to wit in the County of Chicot aforesaid
whereupon the said Peter Whetstone together with a certain Josiah Hoskins
who then and there in his own proper person came before the said sheriff
then and there duly executed signed & sealed a certain bail bond by
which they acknowledged themselves to be held & firmly bound unto
Ben Patton, thereby meaning Benjamin Patton then sheriff of the County
of Chicot and his successors in office in the sum of two hundred dollars
good and lawful money of the United States on condition that if the said
Peter Whetstone should well and truly be and appear before the judges
of our Superior Court at a Court to be holden in the town of Little Rock
on the second Monday of April then next and answer unto Andrew Finney
in a plea of Debt and if Judgment Should be given against him at that
or any subsequent term of the said Superior Court that he would well and
truly abide the Judgment of said Superior Court and pay the debt and costs
that should be adjudged against him, or surrender himself in execution
or that his sureties would do the same for him, then the said obligation
was to be null and void otherwise to remain in full force and virtue.
and which said writ and bail bond were afterwards duly returned to
and filed with the records and files of the said Superior Court and
whereas also at a Superior Court begun & held at the Courthouse in
the town of Little Rock in the County of Pulaski on the Second Monday
of April in the year of our Lord 1827. The said writ [Image
of page 3] Bail bond were by the said Sheriff duly returned and filed
in said Court and whereas also at the same court continued and held at
the court house in the town of Little Rock and County of Pulaski on the
20th day of April 1827 The said Andrew Finney by the Judgment of the said
Court did recover against the said Peter Whetstone as well the sum of
One hundred and fifty dollars, for his debt in his declaration against
the said Peter Whetstone mentioned as the sum of Thirteen dollars and
fifty cents which was then and there adjudged unto the said Andrew Finney
for his damages which he had sustained by occasion of the detention of
that debt and also Twenty dollars and Seventy five cents for his costs
and charges by him about his suit in that behalf expended whereof the
said Peter Whetstone is convict as by the record thereof manifestly appears.
Nevertheless the said and whereas also afterwards to wit on the
23rd day of May in the year of our Lord one thousand eight hundred and
twenty eight the said
Andrew Finney caused to be issued on the said Judgment for the amount
of the debt damages and costs thereby by him recovered on execution in
due form of law against the said Peter Whetstone directed to the sheriff
of the county of Chicot and made returnable to the October term of the
said superior Court then next ensuing which afterwards to wit on the [
] day of [ ] 1828 and before the return day thereof came to the hands
of the said sheriff to be executed and the said sheriff afterwards to
wit on the 26th day of September 1828 returned thereon "no property
nor the body of the within named Peter Whetstone found in my county
Nevertheless the said Andrew Finney Peter Whetstone the debt damages
costs & charges aforesaid to the said Andrew Finney hath not satisfied
nor his body in execution of the said Judgment surrendered nor has the
said Josiah Hoskins his security done the same for him according to the
tenor and effect of the aforesaid Bail bond as by the suggestion of the
said Andrew Finney in the said court hath been stated. Wherefore the said
Andrew Finney hath besought that a proper remedy be granted unto him on
this behalf and as it is right that those things which in the said Court
are lawfully transacted and adjudged should be carried into full and speedy
execution. You are therefore hereby commanded that by good and lawful
men of your bailiwick you give notice to the said Josiah Hoskins that
he be and appear before the Judges of our superior Court at the Courthouse
in the Town of Little Rock in the county of Pulaski on the first day of
our next April Term thereof to be holden on the second Monday of April
next to shew if he hath or can say any thing for himself why the said
Andrew Finney ought not to have his execution against him for the debt
damages costs and charges aforesaid according to the tenor and effect
of the Bail Bond aforesaid if he shall think fit and further to do and
receive all and singular those things which our said Court shall then
and there Consider Concerning him in this behalf and have you then there
the names of those [Image of page 4] by whom
you shall make the same known unto him and this writ. In testimony whereof
I David E. McKinney Clerk of said Court have hereunto set my hand and
affixed the seal thereof at Little Rock this 30th day of October 1828
and of the Independence of the United States of America the Fifty third
D.E. McKinney Clerk
By Daniel Ringo DC
Previous Page | Next
Case
|
