Circuit Courts


BENTON (LATER CALHOUN) COUNTY, ALABAMA



Williams & Smart, Plaintiff (physician's office)
vs.
Henry H Sutton, Defendant (Isaac Brewer’s lawyer & trusted friend)


Basically, it appears that what happened is Williams & Smart sued Henry H Sutton for Isaac Brewer's medical expenses. Why they thought Henry was responsible for those costs, I am not sure. Perhaps, as a friend, he had asked the doctor to visit Isaac and tend to him. Henry said he didn't owe the money. A constable confiscated Henry's bay horse, that it might be sold to cover the medical expenses. Henry fought the proceedings and was able to gain the sympathies of a higher judge who called for a halt in the case until an investigation of the circuit court proceedings could be made. Another man complained that he never signed one of the bonds with Henry Sutton, but the court was expecting him to pay costs even though he wasn't even aware that the document existed. There was evidently another man by the same name. The first also called for a halt to the charges against him and asked for a new hearing. I don't know what came of this case, which dragged on from 1853-1856, except that Henry H Sutton was in jail by 1860 on felony charges, the jail being in the back of Constable Fielding Love's house.

The following is a summary of Henry Sutton's file. My full transcription will be available soon, taken from photocopies of documents which I obtained while visiting the Anniston Public Library in Calhoun County, Alabama. Included in the PDF will be scans of these photocopies. (link coming)

1853

November 16
S C Williams & E S Simmons give bond of $62 to Henry H Sutton because of alleged debt of $31.20 he owes the Williams & Smart physician office, which puts a lien on Henry’s property if he doesn’t pay cost and damages. If the plaintiffs decide the charges are false, and pay Henry for damages, the bond is void.

Stephen C Williams, of Williams & Smart, gives affidavit before E P Gains, JP, that Henry owes $31.20 on account at the firm, and that he has assets with which to pay, but withholds them. They are suing in order to harass him into paying his bill. (Book K, pages 552-553)

E P Gains, JP, commands any constable in Benton County to confiscate enough of Henry’s estate to cover the $31.20 owing, and then to report back to E P Gains in Oxford the 1st Saturday in December (Dec 3rd), which is about 2 weeks later

November 17
Constable Martin Owens receives command (attachment)

November 18
Constable Martin Owens imposes something (order of confiscation?) on Henry’s bay horse (Book K, page 553)

Henry H Sutton and Joseph Jones give bond of $70 to Williams & Smart, to be paid if Henry doesn’t deliver his bay horse to Constable Martin Owens at Oxford the 1st Saturday of December (Dec 3rd) to cover the $31.20 allegedly owing (Book K, page 555)

November 19
J B Starnes, JP, authorizes constables in Talladega County to confiscate the horse (Book K, page 553)

December 3 ?
An account is given of the cost of medicine for, and visits to, Isaac Brewer. The Transcription includes the title of “Henry H Sutton to Williams & Smart Dr”. The dates of the visit were March 31, April 2, 10, 17, 28, and May 3 and 5. The total costs amounted to $29.25 + Interest as of Dec 3 of $2.15 = $31.40

December 12
Constable Fielding Love reports to E P Gains, JP that the horse is worth the $31.20 + $3.75 additional costs accrued. Any constable of Benton County is commanded to advertise the horse for sale and then sell it to the highest bidder, to recover said costs, and then report back to E P Gains, JP, on how the sale went

Williams & Smart produces the account for $31.20 before E P Gains, JP, but Henry will not agree to his demands, so the JP’s verdict is that they have the right to collect the money ($31.20 + $3.75) from Henry

December 13
Henry appears before the Benton County Probate Judge, Alex Woods, and states that the suit filed against him is really for a debt owed by someone else, and that Constable Fielding Love has orders to sell his property. Henry asks for a Writ of Certiorari and a Writ of Supersedeas, demanding that the circuit court stop proceedings so that a higher court can investigate the lower court to ensure that the case is handled properly.

Probate Judge, A Woods, expects the clerk of the circuit court to issue a Writ of Certiorari and to bring a full transcript of all papers and proceedings in the case to the next circuit court session

Henry H Sutton and K C Lively sign a Certiorari Bond to Williams & Smart for $70, basically stating that he has obtained Writs of Certiorari and Supersedias (proceedings will halt and an investigation will be done), and that the bond is void if he pays the costs that he allegedly owes.

The Clerk, G B Couthit, gives written command to E P Gaines, JP, to immediately halt all proceedings and to bring this letter to the circuit court 3rd Monday in March. It is specifically stated that Henry has given bond, as required by the law, so they must stop proceedings.

December 14
E P Gains, JP, agrees to halt proceedings (Book K, page 556)


1854

April 13
Any constable of Talladega County is to summons J B Starnes, JP, to appear in court the 4th Monday in April (24 Apr). He is to speak the truth in behalf of Williams & Smart. Hugh Montgomery J P was the witness to this summons. Montgomery is later said to be the attorney of Williams & Smart.

April 15
J B Starnes, JP, accept the subpoena to appear in court for 3 days

August 3
Henry H Sutton, Philip S. Lively and B. G. Moon give bond for $70 to Stephen C. Williams and John Smart. The documents state that Henry has obtained Writ of Certiorari & Supersedias, and that the bond is void if Henry decides to pay the costs he allegedly owes. The witnesses were Robert Flowd JP and A. B. Jenkins JP.

October 10
The suit is pending in the Benton County Circuit Court by an appeal. Henry requires that Williams & Smart produce the original book showing the original entries of the account for which he supposedly owes. Henry’s attorneys are Martin & Forney.

October 18
Notice given to Williams by A Brown and F Love


1855

April 23
Fall term verdict filed against Henry Sutton, Philip S Lively and Bolar G Moon, stating that Bolar Moon didn’t sign his name to the Certiorari Bond, or authorize his name to be signed. Moon stated that judgement was rendered wrongly against him because of this, and the attorney for Williams & Smart, H Montgomery agrees.


1856

February 20
A statement by Bolar G Moon is addressed to Thomas A Walker, judge of the 5th Judicial Circuit Court stating that judgement was rendered against him 27 Oct 1855 for $39.24 plus costs. The Certiorari Bond of Henry Sutton, Philip Lively and Bolar Moon is introduced as evidence. Moon states that he never signed the document, but that an alias was discovered by Clerk G B Clouthit 21 Nov 1853. Perhaps this is the man who signed it instead of him. A side note states that 21 Nov 1856 the original execution of the case was placed in the hands of Sheriff Alex Brown of Benton County, and Moon thinks that Williams & Smart are trying to alter the court process. Moon says that the bond is fraudulent, as per his signature. He wants proceedings halted and a new hearing to be set.

Bolar G Moon, B C Sparkes, Thomas Mountain, and P J Cherolm give bond to Stephen C Williams and John Smart $151.18, to secure an order from Thomas A Walker, judge of the 5th Judicial Circuit Court, to have a new hearing. Judgement had been ruled against him 27 Oct 1855. If he pays costs at final hearing, the bond is void.

Bolar G Moon appears before G B Clouthit, Circuit Court Clerk and swore that his statement is true, that he didn’t sign the bond, or authorize his name to be signed. The document is signed by B Fellows. Below that, Thomas A Walker, judge of the Circuit Court, tells the clerk of the court to issue a supersedeas (requiring a higher court to suspend the proceedings of the lower court). Moon had given a bond for double the amount owing, to be paid to Williams & Smart in this final trial against him, in order to secure this Writ of Supersedeas.

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