On the trail of this cause to wit on the 24[th] day of February A.D. 1842 came the defendants and filed their bill of exceptions to the opinion of the Court which bill of exceptions is in the words and figures following
Jeter v Walker and Call
On this the 24[th] day of February 1842 the plaintiffs counsel moved the Court to admit G.E. Dennis the Deputy Marshal who originally served said process to amend his return by stating that said Mitchell was not a resident of Leon County, which the Court allowed. And which was accordingly done notwithstanding that it satisfactorily appeared that said deputy had gone out of office prior to the commencement of the extra term by the death of his principal and the appointment and qualifying and entering upon his duties of his successor to which decision the defendant except.
Signed Samuel Douglas [?]
And on the same day, to wit, at a superior Court for the county of Leon continued and held at the court house in the city of Tallahassee on Thursday the 24[th] day of February AD 1842. Came the parties by their attorneys and the plaintiff by his attorney filed his [?] to defendants plea of the general issue. And filed a demurrer to the second fourth and fifth pleas of the said defendants filed heretofore in this cause and filed a replication to the third and last plea. (which said last pleas at the tine if filing said replication was the sixth plea) and thereupon the court after hearing argument of counsel on said demurrers sustained the same to said second fourth and fifth plea. After which said plaintiff