Griffin v. Isbell

383

Index

Page 1 writ + cause of action " 2 to 6 Shffs Return + Declaration " 7 to 18 Bill of exceptions " 8 Affidavit + Bond [of?] Isbell vs Kennedy set out " 9 Attachment Shffs Ret + Judgt " " " " " 10 Affidavit + Bond of Isbell vs Kennedy " " " 10 + 11 Attacht + Shffs Ret + Judgt " " " " " 12 Affidavit + Inty to [Thom?] Penn " 13 + 14 Notice to Grifin + Crop duty " 16 Commission " 16 + 17 Thomas Penns answers " 18 + 19 Judgt + clks certificate

384

The State of Alabama } To the Clerk of the Circuit Court of Talladega County } Talladega County

Because in the record and proceedings and also in giving judgement in a suit in our Circuit Court of Talladega County at the Spring Term thereof AD 1849. between James [unclear] [Reff?] and David A Griffin Cate Sheriff as Independent as is said manifest error hath interveined to the [gre??] damages of the said Griffin As by his Complaint [?] are informed we are willing that the error if any there be should in due manner be corrected and full and speedy g[?] be done to the Parties aforesaid and there fore in this behalf do command you that if judgement be thereupon given that you send up to us fully and destinctly under your seal the record and proceedings with all things concerning the same with this writ - [?] that we may have them at the next term of our s{?] pri[?] court to be holden in and for said state at the City of Montgomery on the 1st Monday in June 1849 that the record and proceeding aforesaid being inpected we [?] cause further to be done thereupon for correcting that error what of right and according to the laws of the state, ought to be done.

Witness Jacob A. Shelly clerk of said Circuit Court at office this 29th day of June in the year of our Lord one thousand eight hundred and forty nine and the 73rd year of American Independence.

J.A Shelly Clerk Isssued 29th day of June 1848

Be it remembered that at a circuit court begun and held for the county of Talladega on the 9th Monday after the 1st Monday in March AD1849 present and presiding the Honorable John J Woodward judge of the 9th judicial circuit at which time the following proceedings were had and determined to wit

The State of Alabama To any Sheriff of the (Writ) state of Alabama greetings , you are hereby commanded to take David A Griffin State Sheriff of Talladega County if to be found in your county and him safely keep so that you have his body before the Honourable the Judge of our next Circuit Court at a Court to be holden for Talladega County at the Court House thereof in the term of Talladega on the eigth monday after the third monday in march (?) then and there to answer James Isbill of a plea of tres[ass on the case to his damage five hundred dollars as is said H? fail not and have you then and there this writ with your endorsement thereon Witness Jacob D Shelly clerk of said court at office this 24th day of March in the year of our Lord one thousand eight hundred and forty five and of American Independance the 69th year. Test [?] J.D.Shelley clerk. Issued 24th day of March 1845 Cause of Action ,, This action is brought to receive of the Deft the sum of two hundred and thirty two ? dollars being the sum of two Judgements and the costs of the same on two attachments in favour of Plff is Shelton Kennedy ? on that day of November 1841 and ? by the Deft as Sheriff of Talladega County on the 4th day of November 1841 on ? Branch & Ha? & one negro man a slave named David as the property of said Shelton Kennedy under an agreement to pay the amount of said attachmet afterward refusing to do so and causing said property to be sold and ssacrificed by setting up his said sale and preventing bidding and thus purchasing said property for a trifle by reason of which said ? conduct by said Defendant said Plan tiff has lost his said two Judgements the same being unpaid said two Judgements on said two attachments were rendered in favour of the Plaintiff against said Kennedy in the Circuit Court of Talladega County on the 17th day of November 1842... Knox & Bruice [?] No bail required ? for Ptff

Shffs Return Received in offiec the 1st of April 1845 Wm Easly [?] Shff Executed April the 6th 1845 Wm Easly Shff By Peter J Walker Dept Shff

Declaration Circuit Court for Talladega County Spring Term 1845 Jeimes Isbell Plaintiff by Attorney Complaint of David A Griffin late Sheriff of TTalladega County Defendant in custoday [?] to of a plea of Tres[?] on the case. for that whereas the said Plaintiff at to wit in the County aforesaid on the 4th day of November AD 1841 caused two several writs of Attachment to be paid by one Joel L Stow then an acting Justice of the peace for Talladega County against one Shelton Kennedy upon two several debts due by note from said Kennedy to said Plaintiff towit one of said debts was for the sum of one hundred and forty dollars due by note the first of January 1842 and the other for the sum of fifty five 94/100 dollars due by note which said writs of Attachment were directed to any Sheriff of the state of Alabama & commanding him to attach the estate of Sheldon Kennedy or so much thereof as should be of value suficient to satisfy the said debts and casts of said writs according to the Complaint and such estate in his hands so to secure or so to provide that the same should be liable to further proceedings to be had thereon at a term of the Circuit Court for Talladega County then next ensuring to be held on the sixth monday after the fourth monday in march AD 1842 so as to compell the said Shelton Kennedy to appear and answer said com plaint And the said Plaintiff further [?] that the said Defendent (Griffin) was then to wit on the 4th day of November 1841 Sheriff of Talladega County and while the said Defendant was Sheriff as aforesaid the said writs of Attachment were placed in the hands of said Deft to be by him levied and executed according to the Command thereof And the said Plaintiff further [?] that afterwards on the 17th day of November AD 1842 and before the commencement of this suit he obtained a Judgement on each of said Demands against said Shelton Kennedy in the Circuit Court for Talladega County one of which said Judgement was for the sum of one hundred and fifty five 15/100 dollars and - dollars for cost and the other said Judgement was for the sum of sixty one 64/100 dollars and - dollars as per costs and the Plaintiff [?] that said Judgement were wholly

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