Of Leon aforesaid whereby the said mare then and there passing by along and over the said street as aforesaid fell into the said gully ditch or chasm and thereby became so much injured and bruised that afterwards to wit on the same third day of October the said mare of the said plaintiff died of the injuries and bruises occasioned by its fall aforesaid. And so the said plaintiff says he has been damaged thereby to wit the sum of two hundred dollars and therefore he brings suit to.
Attorney of Plaintiff
And afterwards on a day not mentioned said Defendant entered its demands by its Attorney upon said Declaration in the Words following to wit:
Defendants demms generally to the declaration J.T. Archer for Defendant And afterwards, to wit, on Thursday the 24[th] day of December A.D. 1848, these appears upon the Minute Book of said Circuit Court an entry in the words and figures following to wit:
Justus R. Fortune Plaintiff
Vs. In Case
The City of Tallahassee Defendant
This day came the parties by their Attorneys, and thereupon the matters of law arising upon the Defendant demurrer to the Plaintiff's Declaration being argued, it seems to the Court