(Right)
Earheart
vs } Transcript
Murphy &c

Costs Taxed page 155

(Left)
claimed & was
James E Peel sworn to two days attendance as a witness in this case at July term 1832 & thirty six miles travelling including coming to Court & returning home
PT. Crutchfield
dep clerk

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The United states of America
Territory of Arkansas
In the Superior Court
April Term 1822

David Earheart plaintiff
vs } case
Benjamin Murphy &
Samuel McCall Defs

Territory of Arkansas
County of Pulaski
In the Superior Court
to April Term in the year 1822

David Earheart by his attornies Ambrose H Sevier and Robert C Oden complains of Benjn Murphey alias Benjamin Murphy & Samuel McCall of a plea of trespass on the case &c

For that whereas heretofore to wit on the twenty ninth day of April in the year one thousand eight hundred and nineteen at the County of Pulaski and within the Jurisdiction of this Court the said Benjamin Murphey and Samuel McCall became indebted to the said David Earheart for one Keel Boat at their special instance and request for which Keel Boat the said Benjamin Murphy and Saml McCall promised to pay unto the said Earheart two months after date three hundred Dollars (lawful money of the United States as by the memorandum appears which is hereto the Court shewn the date whereof is of the same day and year as last aforesaid and being so indebted they the said Benjn Murphey and Saml. McCall in consideration thereof, afterwards, to wit, on the day and year last aforesaid at the County of Pulaski and within the Jurisdiction of this Court undertook and [Image of page 3] and then and there faithfully promised the said David Earheart to pay him the said last mentioned sum of money two months after from the date of the said memorandum. And whereas also the said Benjamin Murphy and Samuel McCall afterwards to wit on the day and year last aforesd at the County of Pulaski and within the Jurisdiction of this Court were indebted to the said David Earheart in the further sum of Three Hundred Dollars of like lawful money of the United States for one other Keel Boat that he the said Earheart sold and delivered to the said Benjamin Murphy and Saml McCall at their like special instance and being so indebted they the said Murphey & McCall in consideration thereof afterwards to wit on the day and year last aforesaid mentioned at Pulaski in the Territory of Arkansas undertook and then and there faithfully promised the said David Earheart to pay the said last mentioned sum when they should be thereunto afterwards requested. Yet the said Benjamin Murphy and Samuel McCall although often requested, have not as yet paid the aforementioned sums or any part thereof, but to pay the same have as yet wholy neglected and refused and still does neglect and refuse to the damage of the said Earheart four Hundred Dollars and therefor he sues &c

AH Sevier
Robt C. Oden } P.Q.

The Clerk of the Superior Court will please issue a summons on the foregoing Declaration and endorse "this is an action of Trespass on the case Damage $400 dollars and no bail is required
Oden & Sevier
attos for plff

Upon which the following writ Issued

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Territory of Arkansas ss United States of America. To the Sheriff of Pulaski County Greeting:
You are hereby commanded to summon Benjn Murphey alias Benjamin Murphy & Samuel McCall if they be found in your Bailiwick to appear before the Judges of our superior Court to be holden at the Little Rock on the 3d Monday in April next then and there to answer David Earheart to a plea of Trespass on the Case damage four hundred dollars and that you make due return of this writ to the said court

In Testimony whereof I have hereunto set my hand as Clerk and affixed the seal of office this 25th day of January 1822 and of the Independence the 46th
James H. Lucas Dept clk
for DE McKinney clk

"Served on Saml McCall by leaving a copy at his house March 26th 1822 Service 40 mileage & 110 miles 5.50
H. Armstrong Shf

Served the within on B. Murphy at Cadron by reading it to him March 5th 1822 Service 40 H. Armstrong Shf

And whereas at a Superior Court continued and held at the Court House in the Town of Little Rock in the Territory aforesaid on the 24th day of April 1822 present the Honl Andrew Scott Joseph Selden and Benj Johnson Judges.

David Earheart plff
vs } Case
Murphy & McCall Defts

Continued and leave given defendants to plead in Ten days from this issue - And

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And at a Superior Court begun and held at the Court House in the Town of Little Rock Territory aforsd on Tuesday the 20th day of August 1822 present Hon. Andrew Scott, Benjamin Johnson & Joseph Seldon Judges

David Earheart
vs } Case
Benjamin Murphy &
Saml McCall

This day the parties appeared by their attornies and it was ordered by the Court that a Jury come (to wit) Reuben Blunt James Kelleam John Chester Robert Graves Robert Thomas B. Baker Allen Tacket Levi Humphry David Halls John Fletcher Thomas Baker James C Newell and Abel Knolton who were elected tried and sworn well and truly to enquire of damages and after hearing the evidence and argument of counsel retired to consult of their virdict and returned into Court the following "We of the Jury find for the plaintiff Three Hundred and fifty nine dollars in damages" Therefor it is considered by this Court that the plaintiff recover of the defendant the damages aforesaid together with his costs in this behalf expended and the said defendants in Mercy &c

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United States of America
Territory of Arkansas

I William Field Clerk of the Superior Court in and for the Territory aforesaid do Cirtify that the anexed and foregoing four pages contains a true and perfect transcript of the records in my office in the Case of David Earheart against Benj Murphey & Saml McCall

In testimony whereof I have hereunto set my hand as Clerk of said Court and affixed the seal of said office this 10th day of October 1830.

Fees for transcript $1.08
Cirtification 25
searching records. . . 37 ½
$1.70 ½
seal 25
1.97 ½

writ $2
2 apps 20
Mo 20
cont 25
2 apps 20
mo 20
Jug &o 50
Judgt 25
$3.80
2 spos 1.00
4.80
filing Decon 10
$4.90
atto 6.00
shffs 5.90
16.80
Jury fees 3.00
19.80

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