R.K. Call vs. Harris

R.K. Call vs. Harris

Lower Court

  • Gasden County

Date

  • 1845

Box

  • 3

Folder

  • 31

Transcript

Afterwards to wit on the 2[nd] day of December 1843 the following demurrer to said declaration was filed by said defendant to wit

District of Middle Florida

Gadsden Superior Court

Fall Term 1843

Isaac R. Harris

Ats.

Richard K. Call Govr

In the use of Harrison & Raney

And now comes the said defendant by Jas D Wescott & CH Dupont his attorneys & defends the wrong and injury when etc. says that the said declaration and the matters and things therein contained in manner and form as the same are above stated and set forth are not sufficient on law for the said plaintiff to have or maintain his aforesaid action thereof against the same defendant and he the said defendant is not bound by Law to answer the same and this he is ready to verify, wherefore by reason of the insufficiency of the said declaration in this behalf the said defendant prays judgment & that the said plaintiff may be barred from having or maintaining his aforesaid action thereof against him etc.

Jas D Wescott

CH Dupont Attys for Deft

Endorsed "Service acknowledged 2[nd] December 1843. Sibley & Ferguson"

Afterwards the following replication was filed in said case on said plaintiff to wit

R.K. Call governor for use of

Isaac R. Harris

And the plaintiff saith that the said declaration and the matters and therein contained in manner & form as the same are above stated & set fourth are sufficient in law for him the said plaintiff to have and maintain his aforesaid action thereof against the said defendant and the said plaintiff is ready to verify and prove the same as the court here shall direct and award Wherefore inasmuch as the said defendant hath not answered the said declaration nor [?] in any manner denied the same the plaintiff prays judgment this debt in the said declaration mentioned his damages by reason of the [?] thereof to be adjudged to him etc.

Sibley & Ferguson for Plff