to receive the same from said defendants.
And for that the said defendant on the first day of January in the year of our lord one thousand eight hundred and forty one were indebted to said plaintiffs on the sum of ten thousand dollars for money had and received by said defendants to and for the use of said plaintiffs & for so much money paid laid out and expended by said plaintiff for said defendants in consideration thereof then and there undertook and faithfully promised the said plaintiff to pay him the same whenever they should be thereto requested.
Yet the said defendants have not paid the said sums of money or any part thereof but have entirely refused to damage of plaintiffs twenty thousand dollars & therefore they sue
Thomas Baltzell Attorney for Plaintiff
And at another day, to wit, at a superior court continued and held at the court house in the city of Tallahassee on the 15[th] day of February A.D. 1842. Came one of the defendants by his attorney, and tendered his bill of exceptions to the opinion of the court, which bill of exceptions is in the words and figures following, to wit:
On this the 15[th] day of February 1842 this cause being called in its order or the docket on of the defendant appeared in Court person in Court for the purpose of making objections to the trial of said cause at the present term of the Court and moved the Court to have said Cause taken from the trial docket of said Court and present