Todd v. Todd

670

Index.

Writ	page 1
Declaration	page 1 & 2
Pleas	page 3
Orders of Court	page 3
Judgement	page 3
Bill of Exceptions	page 3. 4 & 5
Error Bond	page 6
Writ of Error	page 7
Notice to defts in Error	page 7
Certificate	page 8

671 63.

Elizabeth Todd vs Jesse. B Todd

Be it remembered that heretofore towit at a County Court begun & held for the County of Chambers & State of Alabama on the 4^th Monday (the 26^th day) of July AD 1847, present his Honor Clement C. Forbes Judge the following writ & Declaration was returned in words & figures following towit,

Writ

The State of Alabama Chambers County ss.

To Any Sheriff of the State of Alabama: Greeting:

You are hereby commanded without delay, to take the body of Jesse B Todd If to be found in your County, and him safely keep, so that you have his body before the Honorable the Judge of the County, at a Court to be holden for Chambers County, on the fourth Monday in January Inst 1847 Then and there to answer, unto Elizabeth Todd in a plea of trespass on the Case &c, to the damage of said plaintiff of Two Hunred & fifty-Dollars and have you then and there this writ with your endorsement Thereon,

Witness Edward Croft, Clerk of said Court at Office this 12^th day of January AD 1847, and of American Independence the 71^st Year, Edward Croft Clerk Issued the 12^th day of January AD 1847.

This action is brought to recover the sum of one hundred and twelve dollars due by defendant to Plaintiff for clothing washing sewing, makeing Clothing, for cloth & for work & labour Various Counts will be added

Richards & Baugh Plff's Atty's

No Bail required.

Rec^d in office 12^th January 1847 E F Griffin Shff. Executed 12^th Janry 1847 E F. Griffin Shff

Declaration

The State of Alabama Chambers County S.S.

County Court January Term 1847.

Elizabeth Todd by Attorney, complains of Jesse B. Todd, in custody, &c in a plea of trespass on the case, &c. For that whereas the Said defendant heretofore, to wit, on the first day of January in the year of Our Lord one thousand eight hundred and forty seven at, to wit, in the county afforesaid, was indebted to the Said Plaintiff in the Sum of one hundred and twelve dollars for the work and labor, care and dilligence, of the said plaintiff before that time, done and perfor med in and about the buisness of said Defendant and at his speci al instance and request; and, also, in the further Sum of one hundred

672

and ten ⁵⁰/₁₀₀ Dollars for diverse goods, wares and merchandise, by the Said Plaintiff, before that time Sold and delivered to the Said Defendant and at his like special instance and request; and also, in the further Sum of one hundred and ten ⁵⁰/₁₀₀ Dollars, for money by the said Plaintiff before that time lent, and advanced, and paid, laid out and expended for the Said Defendant; and being so indebted to the Said Plaintiff in consideration thereof, afterwards, to wit, on the day and year afforsaid, at, to wit, in the County afforesaid, undertook, and then and there faithfully promised the Said plaintiff to pay the said several sums of money in this count men tioned, when the said Defendant should be thereunto after wards requested: And whereas, also, the Said Defendant after wards, to wit, on the first day of January in the year of our Lord one thousand eight hundred and forty seven at, to wit, in the County afforesaid, accounted with the said plaintiff of and concerning diverse other sums of money before that time due and owing from the said Defendant to the said Plaintiff and then in arrear, and unpaid; and upon such counting, the said Defendant was then and there found in arrear and indebted to the Said Plaintiff in the further Sum of one hundred and ten ⁵⁰/₁₀₀ Dollars, and being so found in arrear, and indebted, he the Said defendant in consideration thereof, afterwards, to wit, on the day and year, afforesaid, undertook, and then and there faithfully promised to pay the said last mentioned sum of money when he should be thereunto afterwards requested. Nevertheless, the said Defendant not regarding his said several promises and underta kings, but contriving and fraudulently intending, craf tily and subtlely, to deceive and defraud the said Plaintiff in this behalf, hath not yet paid the several sums of money, or any or either of them, or any part thereof to the Said Plaintiff (although often requested so to do,) but he the said defendant to pay the same has hitherto wholly neglected and refused, and still doth neglect and refuse, to the damage of said Plaintiff of Two Hundred dollars: And therefore She brings Suit &c

Richards & Baugh Plantiffs. Attorneys

Declaration filed in Office January Term of County Court 1847. Edward Croft Clk

673

Pleas

Pleas in short to the 5 Counts	1st Non assumpsit
	2 Sett off
	3 payment
	4 Statute of limitations of 3 years same
	being upon open account

J E Reese, P M Allison for deft.

Issue Joined in Short by Consent E G Richards & R Baugh Plffs Atty's

Orders of Court

County Court July Term 1847

This day came the parties by their Attorney's and by consent of parties this cause is referred to the arbitrament of William B S Gilmer, Henry Chappell, George H Winston and Datus W Harris with leave for said arbitrators to select an umpire.

County Court January Term 1848

This day came the parties by their Attorney's and by consent this cause is withdrawn from the refferees and continued,

County Court July Term 1848

Judgement

This day came the parties by their Attorneys whereupon came a Jury of good & Lawful men towit William A Gray foreman and Eleven others who being elected tried & Sworn well and truly to try the issue Joined, upon their oaths do say we the Jury find for the plaintiff and assess her damages at one Hundred and Nineteen ⁵¹/₁₀₀ Dollars. It is thereupon Consid= ered by the Court that the plaintiff recover of the defendant the sum of one hundred & nineteen ⁵¹/₁₀₀ Dollars the damages so by the Jury assessed together with the cost of suit in this behalf expended for which execution may issue.

Bill of Exceptions

Elizabeth Todd vs Jesse B Todd

In Chambers County Court July Term 1848.

This was an action upon an open account for washing, cloth, sewing kniting &c, which account dated back to first Sept 1839. The Plaintiff produced a bill of particulars specifying the items of washing Cloth sewing Kniting, &c, Said bill of particulars having no other dates than so much for 1839 &. 1840 &c, and introduced her sister Miss Johnson as a witness, who proved the items charged in said bill of particulars and this value. The Defendant then cross examined said witness and proved by her, that the Plaintiff

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was a married woman in 1839, and that the husband of the Plaintiff W^m M. C. Todd died the 13^th of November 1840, and all the work and labor, &c as above named was done in the life time of said deceased husband, Set forth in said bill of parti culars for the years 1839 & 1840, except the items of washing from the 13^th day of November until 25^th of December, 1840 Defendant also proved by said witness that he Defendant annother brother John M. C. Todd were brothers of the said W^m M. C. Todd, and were single men, and lived in the same house with the Said W^m M. C. Todd in 1839 & 1840, and farmed together, and that after the death of the said William M. C. Todd the Defendant, John M. C. Todd, and the Plaintiff still contin ued to live in the same house as one family, and farmed the same manner as was done in the life time of the said W^m M. C. Todd until the fall of 1846, when the Plaintiff and Defendant disagreed, and also proved by said Witness that an item in said bill of particulars was charged upon paper, in the disagreement in the fall of 1846. Also proved by Said witness that she resided in the house of the said W^m M. C. Todd in his life time, and continued to reside with Plaintiff who superintended over the house, Defendant after the death of W^m M. C. & Defendant & John M. C. Todd until the time of the disagreement in 1846 the said John M. C. Todd Superintending the farm, and never, paid any board during all that time, and that She was of the age of 21 years during all that time, and that She wore the cloth charged to Defendant & done the working and sewing & Knitting chiefly, so charged to Defendant, and that she was not the servant of the Plaintiff, neither was she employed by the Plaintiff to do all what She done, but lived with her so as a member of the family. The Defendant introduced other wit nesses who proved that plaintiff, Defendant & John M. C. Todd and witness resided with the said W^m M. C. Todd in his life time, as one family, and after the death of the said W^m M. C. Todd the husband of Plaintiff, Plaintiff, Defendant, John M. C. Todd and witness, and Plaintiffs children all resided in the same house in the fall of 1846 as one family. Defendant also proved by one other witness that Plaintiff told witnes She intended to raise an account against defendant, this was after the disagreement in 1846. There was no proof that the Defendant ever promised to Plaintiff for any item in said bill of particulars. This being all the evidence, the court among other things charged the Jury that the items in said bill of particulars for 1839 & 1840 although rendered in the lifetime of the said W^m M. C. Todd the husband of the Plaintiff