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Alanson Morehouse v. George Archer
Transcript

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13
Alanson Morehouse
vs.
George W Archer
Transcript

Filed July 9th 1832
Wm Field Clk
Per Jn Brown D.C.

Costs Taxed page 152
fees for the transcripts $4.40

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United States of America
Territory of Arkansas
County of Chicot

At a circuit court in amt for said County held on the third Monday after the fourth Monday of May in year of Christ 1832, before the Honorable Charles Scott Bibb presiding, there came on the following cases, To wit.

Alanson Morehouse
vs
George W Archer

Upon which the following proceedings were had in the words and figures following, To wit,

Territory of Arkansas } In the Chicot Circuit
County of Chicot } May Term AD 1832

Alanson Morehouse by Van Matre his attorney complains of George W Archer being or of a plea that he render unto the said Alanson Morehouse the just and lawful sum of Four hundred dollars, lawful money of the United States of America, which he owes to and unjustly detains from him.

For that whereas the said George W Archer, by the name and description of Geor W Archer heretofore, To wit, on the seventeenth day of November in the year of our Lord one thousand eight hundred and thirty, at the County of Chicot aforesaid and within the Jurisdiction of this Court, by his certain writing obligatory signed with his own hand and sealed with his seal, and to the Court now here shown, the date whereof is the day and year last above written, for value received promised to pay Twelve months from the date thereof to the said Alanson Morehouse by the name and description of A Morehouse or order the Just and lawful sum of Four Hundred dollars lawful money of the United States of America, and if said sum of money was not paid at the time therein specified it was to draw ten percent interest, the sum above demanded.
Yet the said George W Archer (although often requested so to do) did not at the time in the said writing obligatory specified for payment pay, nor has he said that time as yet paid the said sum of Four hundred dollars above demanded [Image of page 3] with ten percent interest thereon from the day of payment in the said writing obligatory specified or any part thereof to the said Alanson Morehouse, But he to do this has hitherto wholly refused and still refuses, to the damage of the said Alanson Morehouse one hundred dollars, and therefore he brings his suit &c,

Van Matre Plff atty

Upon said Declaration was a precipe to the Clerk in the words and figures following, to wit,
The Clerk of the Chicot Circuit will issue a Capius ad respondendum on this Declaration, returnable to our next May Term, to the holder on the 3rd Monday after the 4th Monday of May next, and endorse thereon. This is an action of Debt founded on a writing obligatory. Debt of $400. Damage $100. Bail is required in the sum of Five hundred Dollars.

Van Matre Plff

Upon said Declaration was issued the following writ in the words and figures To wit.

Territory of Arkansas }
County of Chicot } The United States of America to the Sheriff of Chicot County Greeting

We command you that you take the within named George W Archer if he be found in your bailiwick and him safely keep so that you have his body before the Judge of our Circuit Court at the Court house in the town of Villmont the seat of Justice within and for the County aforesaid at a term of said Court to be holden on the third Monday after the fourth Monday of May next (1832) then and there to answer the within named Alanson Morehouse, in a plea that he render unto him the said Alanson Morehouse the sum of four hundred dollars debt founded on a writing obligatory and to his Damage one hundred dollars and have you then and there this writ.

In testimony whereof I have hereto [Image of page 4] set my hand as Clerk and affixed the Seal of the Circuit Court at Villmont this twenty fourth day of April in the year of our Lord one thousand Eight hundred and thirty two and of the Independence of the United States the fifty sixth

James Blaine Clerk

(Seal Chicot County Arkansas)

Upon the back of said wit was the sheriffs return in the words and figures following to wit.
Served the within declaration and capias on the within named George W Archer by reading them aloud to him in person and taking his body into custody which was released on his giving bail in the sum required on May the 14th 1832 Villemont Chicot County Township of Oden.

H S Smith
depy Sheriff of
Chicot County

Service 1.00
Taking and }
Returning bond} 50
$1.50

In the second suit the following and similar proceedings were had

United States of America }
Territory of Arkansas }
County of Chicot }

At a circuit court in and for said county held on the third Monday after the fourth Monday of May in the year of Christ 1832, before Honorable Charles Scott Bibb presiding there came on the following cause to wit.

Alanson Morehouse }
vs }
George W Archer }

Upon which the following proceedings were had [Image of page 5] in the words and figures following to wit.

Territory of Arkansas } In the Chicot Circuit Court
County of Chicot } May Term AD 1832

Alanson Morehouse by Van Matre his attorney complains of George W Archer being or of a plea that he render unto the said Alanson Morehouse the Just and lawful sum of Four hundred dollars, lawful money of the United States of America which he owes to and unjustly detains from him. For that whereas the said George W Archer by the name and description of Geor W Archer, heretofore To wit, on the seventeenth day of November in the year of our Lord one thousand eight hundred and thirty at the County of Chicot aforesaid, and within the Jurisdiction of this Court, by his certain writing obligatory signed with his own hand and sealed with his seal, and to the Court now here shown the date whereof is the day and year last above written, for value received promised to pay Twelve months from the date thereof to the said Alanson Morehouse by the name and description of A Morehouse or order the just and lawful sum of Four hundred Dollars lawful money of the United States of America and of said sum if money was not paid at the time therein specified it was to draw ten percent interest, the sum above demanded.

Yet the said George W Archer (although often requested so to do) did not at the time in the said writing obligatory specified for payment pay, nor has he since that time as yet paid the said sum of Four hundred dollars above demanded with Ten percent interest thereon from the day of payment in the said writing obligatory specified or any part thereof to the said Alanson Morehouse. But he to do this has hitherto wholly refused and still refuses to the Damage of the said Alanson Morehouse one hundred Dollars, and therefore he brings his suit &c

Van Matre Plff Atty

Upon said Declaration was a precipe to the Clerk in the words and figures following, to wit.
The Clerk of the Chicot Circuit Court will issue a Capias ad respondendum on this Declaration returnable to our next May term to be holden on the 3rd [Image of page 6] Monday after the 4th Monday of May next, and endorse thereon. This is an action of Debt founded on a writing obligatory Debt $400 Damages $100 Bail is required in the sum of Five hundred Dollars

Van Matre Plffs

Upon said Declaration was issued the following writ in the words and figures following, To wit.

Territory of Arkansas }
County of Chicot } The United States of America to the Sheriff of Chicot County Greeting

We command you that you take the within named George W Archer if he be found in your bailiwick, and him safely keep so that you have his body before the Judge of our Circuit Court at the Court house in the town of Villemont the seat of Justice within and for the County aforesaid at a Term of said Court to be holden on the third Monday after the fourth Monday of May Next (1832) then and there to answer the within named Alanson Morehouse in a plea that he render unto him the said Alanson Morehouse the sum of Four hundred Dollars Debt founded on a writing obligatory and to his damage one hundred dollars and have you then and there this writ

(Seal Chicot County Arkansas)

In testimony whereof I have hereunto set my hand as Clerk and affixed the seal of the Circuit Court at Villmont this Twenty Fourth day of April in the year of our Lord one thousand Eight hundred and Thirty two and of the Independence of the United State the fifty Sixth

James Blaine Clerk

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Upon the back of said writ was the Sheriffs return in the words and figures following, To wit.
Served the within Declaration and Capias on the within named George W Archer by reading them aloud to him in person and taking his body into Custody which was released on his giving bail in the sum required on May 14th 1832. Villmont Chicot County Township of Oden

Service 100
Taking and returning bond } 50
$1.50

H S Smith
depy Sheriff of
Chicot County

accompanying the Sheriffs Return was the following Bonds in the following words and figures, To wit.
Territory of Arkansas County of Chicot, Know all men by these presents, that we George W Archer & John Mitchell are held and firmly bound unto Abner Johnson Sheriff of the County of Chicot and his successors in office and his assigns in the Just and full sum of Five hundred dollars good and lawful money of the United States. the payment of which well and truly to be made we bind ourselves our heirs, Executors and Administrators firmly by these presents, signed with our hands and sealed with our seals, and dated this fourteenth day of May in the year one thousand eight hundred and thirty two.
The conditions of the above obligation are such, that if the above bounden George W Archer shall well and truly be and appear before the Judge of our Circuit Court at a Court to be holden at the Town of Villmont the seat of Justice for the County of Chicot aforesaid on the third Monday after the fourth Monday of May in the year one thousand eight hundred and thirty two and answer unto Alanson Morehouse in a plea of Debt For Four hundred Dollars damages one hundred dollars founded on a writing obligatory. And if Judgment be given against him at that [Image of page 8] or any subsequent Term of our said Circuit Court that he will well and truly abide the Judgement of said Court pay the amount of the said Judgment and Costs that shall be adjudged against him or surrender himself in Execution or that his sureties will do the same for him. then this obligation to be null and void otherwise to remain in full force and virtue

In testimony whereof We have hereunto set our hands and fixed our seals the day and year above written

Geo W Archer (seal)
John Mitchell (seal)
Territory of Arkansas County of Chicot Know all men by these presents that we George W Archer and John Mitchell are held and firmly bound unto Abner Johnson Sheriff of the County of Chicot and his successors in office and his assigns in the Just and full sum of Five hundred dollars good and lawful money of the United States the payment of which well and truly to be made we bind ourselves our heirs Executors and administrators firmly by these presents. Signed with our hands and sealed with our seals and dated this fourteenth day of May in the year One thousand Eight hundred and thirty two. The conditions of the above obligatory are such, that if the above bounden George W Archer shall well and truly be and appear before the Judge of our Circuit Court at a Court to be holden in the Town of Villmont the seat of Justice for the County of Chicot aforesaid on the third Monday of the fourth Monday of May in the year one thousand eight hundred and thirty two and answer unto Alanson Morehouse in a plea of Debt for Four Hundred dollars, damage one hundred dollars founded on a writing obligatory and if Judgment be given against him at that or any subsequent Term of our said Circuit Court that he will well and truly abide the Judgment [Image of page 9] of said Court pay the amount of said Judgment and costs that shall be adjudged against him or surrender himself in Execution or that his sureties will do the same for him, then this obligation to be Null and Void otherwise remain in full force and virtue

In testimony whereof we have hereunto set our hands and fixed our seals the day and year above written

Geor W Archer (Seal)
John Mitchell (Seal)

May Term 1832
Third day

Alanson Morehouse }
vs }Action of Debt
George W Archer }

And now at this day Roysden Attorney for Defendant moved the Court to consolidate the two actions against the defendant by the said plaintiff Alanson Morehouse on the ground that the notes were of the same grade and for the same amount, and the Court not being sufficiently advised took time to consider thereon

Fourth Day
Alanson Morehouse }
vs }Action of Debt on two notes
George W Archer }

And now at this day came the parties by their attornies and the previous motion in this case having been maturely considered by the Court it is therefore ordered by the Court that the plaintiff consolidate his two cases and that the plaintiff pay the Costs of this motion & will

The notes specified in the above case are in the words and figures following, to wit.

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For value received I promise to pay twelve months from date to A Morehouse or order the just and lawful sum of Four hundred Dollars lawful money of the United States of America and if not paid at the specified time the above sum of money is to draw ten percent interest given under my hand and seal this seventeenth day of November one thousand eighteen hundred & thirty.
Geor W Archer SS
$400

Test James Blaine
For value received I promise to pay twelve months from date to A Morehouse or order the just and lawful sum of four hundred dollars lawful money of the United States of America, and if not paid at the specified time the above sum of money is to draw ten percent interest given under my hand and seal this seventeenth day of Nov one thousand eight hundred and thirty
Geor W Archer SS
$400
Test James Blaine

The following plea entered by defendant Attorney in the words and figures following, to wit,
The United States of America
Territory of Arkansas } Circuit Court
Chicot County } June Term 1832
Alanson Morehouse
vs
George W Archer
And now comes the said defendant by attorney and defends the wrong and injury taken & says that the said plaintiff ought not to have or maintain his aforesaid action thereof against him because he says that twelve months from the date of the said supposed writings obligatory to wit or the 18th day of November [Image of page 11] 1831 at the County of Chicot aforesaid he the said defendant paid unto him the said plaintiff the said sum of Eight hundred dollars in the plaintiff's declaration mentioned secured to be paid by the said supposed writing obligatory and this he is ready to verify, wherefore he prays judgment if the said plaintiff ought to have or maintain his aforesaid action thereof against him And the said defendant for further plea in this behalf says that the plaintiff ought not to have or maintain his aforesaid action thereof against because he says that after the said 18th day of November 1831 when the said supposed writing obligatory became due and payable To wit on the 1st day of January 1832 at the county of Chicot aforesaid he the said defendant paid unto him the said plaintiff the said sum of Eight hundred dollars together with all interest due thereon, in the plaintiffs declaration therein mentioned, secured to be paid by the said supposed writing obligatory in the declaration mentioned and this he is ready to verify, wherefore he prays judgment if the said plaintiff ought to have or maintain his aforesaid action thereof against him.
? ? ? Roysden
Atty for Defendant
The following replication by plaintiffs attorneys in the words and figures following to wit.
Territory of Arkansas } In the Chicot Circuit Court
County of Chicot } May Term AD 1832
Alanson Morehouse
vs } Debt
George W Archer
And the said plaintiff as to the plea of the said Defendant by his first above pleaded [Image of page 12] says that he the said plaintiff by reason of any thing by the said Defendant in that plea alleged ought not to be barred from having and maintaining his aforesaid action thereof against him the said Defendant. Because he says that the said defendant did not pay to him the said Plaintiff the said sum of Eight hundred dollars in the said writing obligatory mentioned in manner and form as the said defendant has in his first plea above in that behalf alleged and this he the said plaintiff prays may inquired of by the County &c And the said Plaintiff as to the plea of the said defendant by him secondly above pleaded says that he the said Plaintiff by any reason of any thing by the said Defendant in that plea alleged ought not to be barred from having and maintaining his aforesaid action thereof against him the said defendant did not pay to him the said Plaintiff the said sum of Eight hundred dollars in the said writings obligatory mentioned with all the interest thereon in manner and form as the said defendant has above in his said second plea in that behalfe alleged and this he the said Plaintiff prays may be inquired of by the country &c
Van Matre Plffs Atty
And the Defendant comes and says as to the 1st and 2nd replications by the plaintiff above pleaded and which he prays may be inquired into by the Country doth the like.
Roysden for defend

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May Term Fifth AD 1832
Alanson Morehouse
vs. }Action of debt
George W Archer
And now at this day came the parties by their attornies and issue being joined upon please of payment at the day and after this day and neither party requiring a jury the matters and things were submitted to the court. It is therefore considered by the Court that the Plaintiff have and recover off the defendant George W Archer. The sum of Eight hundred dollars the debt in his said declaration mentioned to bear Ten percent interest from the seventeenth day of November AD 1831 together with his costs by him in this behalfe expended, and on the trial of this case the defendant called for the reading of the 2 several notes upon which the action was founded and on file in this case and the court decided that the Plaintiff need not read the said notes in support of their action to which opinion of the Court the defendant excepts and files his bill of exceptions marked # which was signed sealed and made a part of the record.
The following Bill of Exception by Defendants attorney in the words & figures, to wit.

The United States of America
Territory of Arkansas } June Term of the Circuit Court 1832
Chicot County

Alanson Morehouse
vs Debt in Bonds
George W Archer
Be it remembered that at this Term of the Court the aforesaid cause came on for trial upon the issues made up in this cause and upon [Image of page 14] said trial the plaintiff refused in the first instance to introduce his evidence of cause of action and called upon the defendant to introduce his evidence of payment to which the defendant objected until the Plaintiff had first introduced his evidence of the debt in the declaration mentioned and called upon the court for an opinion and that the Plaintiff be compelled first to introduce his evidence of the debt whereupon the Court decided that the Plaintiff was not bound to introduce any evidence of debt but that the defendant was bound first to introduce evidence of payment and to the opinion of the Court the defendant by attorney excepts and objects and tenders this his Bill of Exceptions and prays that it may be signed sealed and made a part of the record in this cause.
Ch Scott Bibb (Seal)

Territory of Arkansas
County of chicot
I James Blaine Clerk of the Circuit Court within and for the County aforesaid do hereby certify that in obedience to the writ of error hereunto appended I now send up a full perfect & entire copy of the proceedings had in the Circuit Court for the county aforesaid in the case of Alanson Morehouse vs George W Archer
In testimony whereof I have hereunto set my hand as clerk and affixed the seal of said Circuit Court at Villemont this thirtieth day of June in the year of our Lord one thousand eight hundred and thirty two and of the independence of the United States the fifty sixth
James Blaine Clerk
(Seal)

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Territory of Arkansas

In the Superior Court to the term of July 1832
The United States of America to the Judge of the fourth Judicial circuit in said territory presiding for the county of Chicot Greeting;
Forasmuch as in the record process proceedings and also in the rendition of judgement in a certain plaint which was in our Circuit Court for said county before you by our writ between Alanson Morehouse plaintiff and George W Archer defendant in a plea of debt founded on a writing obligatory for eight hundred dollars manifest error hath happened to the great damage of the said George W Archer defendant as by his complaint we are informed and we being willing that the errors aforesaid if any there be should be duly amended and full and speedy Justice done to the parties aforesaid in this behalf do command you that if Judgement he thereupon given then the record and proceedings of the plaint aforesaid together with all things touching the same and this writ you certify and send to our Superior Court of our Territory of Arkansas to be held at Little Rock on the second Monday in July next.

That our Judges of our said Superior Court inspecting the record and proceedings may cause further to be done therein for correcting the said errors what to them of right shall seem meet & proper to be done &c.

In testimony whereof I have hereunto set my hand as Clerk of said Court and affixed the seal of said office this 27th day of June 1832 and the year of American Independence the 56th
W Field Clerk
(seal)

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For this writ & the subpoena there upon Wm Field the clerk holds the receipt of Wm B.R. Hornor

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