Richard K. Call
George K. Walker
Isaac W. Mitchell
Plaintiff in Error
William L. Jeter
Defendant in Error
In the Court of Appeals
[?] Term 1844
On a Writ of Error to Leon Superior Court
This was an action of Assumpsit, Indorsee vs. Makers of a promissory note. At the trial had on Feby 1842, the Defendants demurred to the Evidence. Plaintiff joined in Demurrer, & contingent damages were [?] subject to the opinion of the Court upon the Demurrer. The usual Interlocutor Judgment was entered and the Court took time to advise.
Afterwards and on 3[rd] March 1842 the Court pronounced its opinion in favor of Demurrants the Plaintiffs in Error in this Court. And a final Judgment that the Plaintiff take nothing by his bill but for his false clamor be in mercy &c was entered in that day
On 10[th] March 1842 (and more than four days after such final Judgment entered) the Plaintiff made a motion unaccompanied by affidavit "to set aside the demurrer to evidence, and the proceedings & judgment thereon and to award a venire facias de novo in said cause" and after argument it was ordered by the Court in the [?] words of the motion.
Afterwards the case being thus reinstated, the Plaintiff filed an amended Declaration and another trial was had which resulted on 14[th] February `43 in a verdict for Plaintiff for $ 11.734 71/100. From this Judgment the Writ of Error was [?]