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Standifer
vs } Record
Dowlin use McPhail

Filed 5th July 1832
W Field Clk.

Costs Taxed Page 162

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Territory of Arkansas
County of Washington

Pleas had at a term of the Circuit Court of Washington County at the courthouse in the town of Fayetteville on the Twelfth day of December it being the second Monday after the fourth Monday in the year of our Lord One thousand Eight Hundred and Thirty One, and the fifty sixth year of the Independence of the United States of America Before the Honorable Thomas P. Eskridge Judge.

Thomas Dowlin use of John McPhaill
vs
Abraham Standifer

Be it remembered that heretofore on the 6th day of November Eighteen hundred and thirty one was filed in the Clerks office in the county aforesaid the following declaration to wit.
The United States of America
Arkansas Territory and
County of Washington
In the circuit of Washington and at the December term 1831 of said court.

Thomas Dowlin who sues for the use of John McPhaill by his attorney complains of Abraham Standifer surviving partner of the late firm of A & S Standifer defendant in custody &c of a plea that he render unto him the sum of one hundred and sixty nine dollars and six cents which to him he owes and from him he unjustly detains For that whereas heretofore to wit at a Circuit Court of Madison in the state of Alabama began and held at the courthouse in the town of Huntsville in said county [Image of page 3] on the first Monday after the fourth Monday in October being the thirteenth of said month in the year of our Lord One thousand eight hundred and twenty six and in the fifty first year of the American Independence before the Honorable John M. Taylor the sitting Judge of said court. This plaintiff on the 7th day of November being a day of the term of said Circuit Court to wit, in the county of Washington Territory of Arkansas it being a court of competent jurisdiction by consideration and judgments of said court Recovered against the said defendant the sum of ninety eight dollars and fifty cents debt and also the further sum of fifty eight dollars and forty four cents damages sustained by means of the detention of this said debt besides the cost by him in that behalf expended And afterwards to wit 8th day of December 1826 Lemuel Mead Clerk of the said Circuit Court of Madison county state of Alabama to wit in the county of Washington aforesaid issued a Writ of fieri facias against said debt on said judgment with this indorsement on said Writ of Fieri facias. Judgment 7th of November 1826, Clerks fees $4.62, Tax $2.00, Sheriff $1.50, Attorney $4.00 Received this 14th December 1826. John P. Neal Sheriff, returned, no property found in my county to satisfy this execution 26th of April 1827. John P. Neal Sheriff by his deputy Phillip Busford by this record and process thereof in the said court at Huntsville in the county of Madison and state of Alabama to wit in the county of Washington af.d manifestly appears which record is hereunto this court shown this date is the day and year aforesaid which judgments still remains in said court in its full force [Image of page 4] and upon the said Declaration the following writ issued.

Territory of Arkansas
County of Washington } ss
The United States of America
To the sheriff of Washington county. Greeting we command that you you to summon the within named Abraham Standifer if he be found within your bailiwick to appear before the judge of our Washington Circuit Court at a Circuit Court to be holden at the courthouse in the town of Fayetteville in and for the county aforesaid on the second Monday after the fourth Monday in November Eighteen hundred and thirtyone then and there to answer the within named Thomas Dowlin who sues for the use of John McPhaill in a plea of debt for one hundred and sixty seven dollars and six cents and to his damage Two Hundred Dollars and that you make due return of this writ to our said court. In testimony whereof I have hereunto set my hand and affixed the seal of office this 6th day of November 1831 and of the Independence of the United States the 56th year.
Bryan C. Smithson clk

And in the said writ and declaration the following indorsements were made. came to hand 7th Nov 1831. Larkin Newton, Dept. Sheffs.

Served the within declaration on the within named Abraham Standifer in Prairie Township on the 11th day of November 1831, by leaving a copy of the same at his place of residence with a person over the age of fifteen years and informing said person the contents thereof.
Larkin Newton dept. shff

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Served the within writ on the within named Abraham Standifer in Prairie Township on the 11th November 1831 by leaving a copy of the same at his place of residence with a person over the age of fifteen years and informing said person the contents thereof.
Service 80
Milage 4 20
___
100

And on the fifth day of our said December term the following demurrer was filed to wit:
Abraham Standifer
vs
Thomas Dowlin
In the Circuit Court of Washington County
December Term 1831

And the said Abraham Standifer comes and defends the wrongs and injury when &c and says that the said plaintiff his action aforesaid Thereof against him ought not to have or maintain because he says that the said plaintiff declarations and the matters, and things therein contained in manner and form as the same are therein set forth are not sufficient in law for the said plaintiffs to have or maintain his said action thereof against him nor is he bound by the law of the land in any manner to answer the same and this he is ready to verify. wherefore for want of a sufficient declaration in this behalf the said defendant prays Judgment of the said plaintiff shall hear on motion his said action thereof against him. &C.
Hall and Sneed attorneys
And the plaintiff joins in the above demurrer.
Lewis & Walker, atto for plaintiff

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December Term 1831

Thomas Dowlin for the use of John McPhaill
vs
Abraham Standifer

And now on this day came the parties by their attorneys. and all and singular the law arising upon the demurrer joined in this case being seen and by the court here fully understood. It is considered by the Court that the said demurrer be sustained and it is therefore considered by the court that the said defendant have and recover of the said plaintiff his costs in and about this demurrer expended. And on the motion of the plaintiff leave is granted him to amend his declaration in the course of ten days and this cause continued until the next term of this court.
And afterward to wit on the 20th day of December 1831 the plaintiff by his attorney filed his amended declaration as follows.
The United States of America
Arkansas Territory and
Washington County
In the Circuit Court of said County and at the December term 1831 of said court.

Thomas Dowlin who sues for the use and benefit of John McPhail by his attorney complains of Abraham Standifer, surviving partner of the late firm A. and S. Standifer in custody &c of a plea that he render unto him the sum of One hundred and sixty nine dollars and six cents which to him he owes and from him he unjustly detains For that whereas heretofore to wit at a circuit court of Madison County in the state of Alabama began and held at the courthouse in the town of Huntsville in said county on the first Monday after the fourth Monday in October begun this thirteenth of said month in the year of our Lord one thousand eight hundred and twenty six and in the fifty first [Image of page 7] year of the American Independence before the Honourable John M. Taylor then sitting judge of said court, it being a court of competent jurisdiction. The plaintiff on the 7th day of November being a day of the term of said in consideration and judgment of said court recovered against the said defendant the sum of ninety eight dollars and fifty cents debt and also the further sum of fifty eight dollars and forty cents damages sustained by reason of the detention of said debt also the further sum of twelve dollars and twelve cents for his costs and charges by him about his suit in that behalf expended the said several sums of debt, damages and costs amounting in the whole to the sum of One hundred sixty nine dollars and six cents. The sum first above demanded and afterwards to wit on the 8th day of December 1826. Lemuel Mead Clerk of said Circuit Court of Madison county state of Alabama issued a Writ of fieri facias on the said judgment for debt, damages and costs aforesaid which said Execution of fieri facias was received by John P. Neal sheriff of the said county of Madison and state of Alabama on the 14th of December 1826 and returned no property found in my county to satisfy this execution the 26th of April 1827. John P. Neal sheriff by his deputy Phillip Busford by the record, process and proceedings of said court manifestly appears to wit in the county of Washington and Territory aforesaid, which record is hereto the court shewn, the date is the day and year aforesaid, which judgment still remains in said court to wit in Madison County State of Alabama, in its full force and affect not in any wise reversed, annuled, set aside, paid off, satisfied or discharged whereby an action hath accrued to the said plaintiff to demand and have of and from the said defendant [Image of page 8] the said sum of one hundred and sixty nine dollars and six cents above demanded, yet the said defendants although often requested to do so hath not as yet paid the said sum of one hundred and sixty nine dollars and six cents above demanded or any part thereof to the said plaintiff. But he to do this hath hitherto wholly refused and still doth refuse to the damage of said plaintiff two hundred dollars and therefore he brings his suit.
Walker & Lewis attorneys for plaintiff.

And afterwards to wit at Circuit Court began and held in the town of Fayetteville on the 11th day of June 1832 on the ? ? on the third day of said term this the defendant filed the following plea to wit.

Thomas Dowlin for the use of John McPhail
vs
Abraham Standifer
Washington Circuit Court June Term A.D. 1832

And the said defendant comes and defends this wrong and injury when &c And says that there is not any Record of the said supposed recovery in the said declaration mentioned and remaining in the said Circuit Court of Madison County in manner and form as the said plaintiff hath above in his said declaration alledged and this he the said defendant is ready to verify wherefore he prays Judgment if the said plaintiff ought to have or maintain his aforesaid action thereof against him &c
S. S. Hall & S. G. Sneed attorney
for defendant

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Thomas Dowlin for the use of John McPhail
vs
Abraham Standifer
Washington Circuit Court June Term 1832

And the said Thomas Dowlin use of &c as to the said plea of the said defendant by him above pleaded sayeth that he the said plaintiff by reason of anything by the said defendant in said plea alledged ought not to be Bared or precluded from having and maintaining his aforesaid action thereof and against him the said defendant because he saith that there is such a record of the said recovery remaining in said Circuit Court of Madison County as he the said plaintiff hath above in his said declaration in that behalf alledged and this he the said plaintiff is ready to verify by the said record when where and in such manner as the said court shall direct and award and he prays that the said record may be filed And seen by the said court here and because the said court are not yet advised what judgment to give of and upon the premises a day is therefore given to the parties aforesaid before our said Washington Circuit Court entitled to hear this judgment of said court Therefore for thus the said court of said county now here is not yet advised thereof.
Lewis & Walker
Filed 14th of June 1832
B. C. Smithson Clerk

And there upon the defendant filed the following affidavit to wit,

Thomas Dowlin for the use of John McPhaill
vs
Abraham Standifer
Washington Circuit Court June Term 1832

The above named defendant having sworn testifies and states that he is informed and believe [Image of page 10] that the above suit has been instituted against him by John McPhaill and the council for said plaintiff without any lawful authority from said plaintiff and that he has good reasons to apprehend that if the debt in this declaration should be paid to the said McPhaill or to said attorney or council that the said McPhaill or said attorney could not execute any legal acquittance for the same. This defendant therefore moves the court to make said McPhaill or the council or the council for said plaintiff to file a warrant of attorney to authorize them or some of them to collect the said debt.
The within affidavit filed & sworn to in open court
A. Standifer

Test. B. H. Smithson clk
Filed 14th of June 1832
B.H. Smithson clk.

And afterward on the day and year aforesaid the following order was made

Thos Dowlin for use of John McPhaill
vs } debt
Abraham Standifer

And now on this day came the parties by their attorneys. And the said defendant filed his plea to which the plaintiff filed his replication and issue is joined thereon in short on the record by consent of parties and thereupon the defendant filed his affidavit and moved the court for a rule upon the said John McPhaill and the council for said plaintiff to file their warrants of attorney or show by what authority they prosecute this suit. and the court not being sufficiently advised took time to consider thereof.

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Thomas Dowlin for the use of John McPhaill
vs
Abraham Standifer

And now on this day came the parties by their attornies and the court being sufficiently advised of and concerning the motion submitted on yesterday.
It is considered by the Court the same be overruled to which opinion the defendant excepted and filed his bill of exceptions which is ordered to be inroled and thereupon this case may submitted to the court and after hearing the allegations and proffs find there is such a record as is set forth by the said plaintiff in his said declaration. It is considered by the court that the said plaintiff have and recover of the said defendant the sum of one hundred and sixty nine dollars and six cents his debt and also the sum of fifty seven dollars and forty seven cents his damage for the detention of said debt Together with his cost in an about his suit expended and thereof cause the defendant and prayed an appeal from the judgment aforesaid to the Superior Court of this territory which is granted on his entering into bond and security for the prosecution of said appeal and thereupon the defendant filed his bond with S.G. Sneed and R.W. Reynolds as security which is approved by the court and the rule for the appeal made absolute.

Abraham Standifer
vs } For the use of John McPhaill
Thomas Dowlin

Be it remembered that previous to the trial of the above case to wit on the 13th day of June in the year of 1832 [Image of page 12] at the June term of the Circuit Court of Washington County the said defendant filed his affidavit here filed marked A and here made a part of this Bill of Exceptions and thereupon moved this court for a Rule upon the said John McPhaill and the council for said plaintiff to file their warrant of attorney or to show by what authority they prosecute this suit which motion was on this day overruled by the courts the said defendant to which opinion of the court the said defendant Excepts and prays that this Bill of exceptions may be signed sealed and enroled.
Filed 15th of June 1832
B. H. Smithson clerk
Thos P. Eskridge

Know all men by these presents that we A Standifer, S G Sneed and R W Reynolds are held and firmly bound unto Thomas Dowlin for the use of John McPhaill in the sum of five hundred and fifty three dollars the payment of which will and truly to be made now bind ourselves our heirs executors and administrators jointly and severally witness our hands and seals this 15th day of June 1832.
The conditions of the above obligation is such that whereas the above named A. Standifer has this day entered his appeal from the final decision and judgment given against him at the present term of this court in favor of the said Thomas Dowlin for the use of John McPhaill in an action of debt now if the said Standifer shall pay the said debt damages and costs in case the judgment of said Circuit Court shall be confirmed by this Superior Court. Then this recognizance to be void else to remain in full force and virtue.

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A Standifer (seal)
S G Sneed (seal)
R W Reynolds (seal)
Bond 15th June 1832
B. H. Smithson clk

Clerks fees $5.70
Tax & Issuing fee
paid by Plfs Attorney 2.00
$5.70
Clerks fees for this copy 4.00

Sheriff $1.20

Territory of Arkansas
County of Washington
United States of America

I, B. H. Smithson clerk of this Washington Circuit Court do hereby certify that the above and foregoing contains a true and correct transcript of the records & proceedings had in my office in the case of Thomas Dowlin for the use of John McPhaill plaintiff against Abraham Standifer surviving partner of the late firm of A & S Standifer defendant.
In testimony whereof I have herunto set my hand and affixed the seal of office this 27th of June AD 1832 and of the Independence of the United States this 56 year.
B. H. Smithson, Clk

(Seal)

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