Wednesday May 4th 1853

Court met pursuant to adjournment
    Present the Hon William A. Forward Judge &c
Benjamin Ratcliff   }   Means
       vs           }      Assumpsit
Charles Wanton      }   Mitchel
                     Upon the calling of this case, the parties
appearing by their attornies, it appearing to the Court that no plea
had been filed to the declaration in this case, on motion of plain-
tiff's Counsel it is ordered that the plaintiff do have a Judgment
by default, and that a writ of Inquiry for a Jury to assess the
damages do issue returnable instanter, and the said writ of
inquiry having been returned executed; Thereupon came a Jury
to wit, W.C. Allen, James M. Sparkman, Israel Sherouse
Jno B. Standley, Peter Sparkman, Wm J. Turner, S.W. Burnett,
Joseph Thomas, Wayne Tillis, Wm Colson and James Pendarvis,
who being duly elected, tried and sworn to inquire of the damages
sustained by the said plaintiff: and the said Jury having
heard the evidence and the arguments of Counsel and the
charge of the Court were sent out of Court to consider of their
verdict, and thereafter, and upon the same day the said Jury
returned into Court, and rendered the following verdict, We
the Jury find for the plaintiff, and assess his damages at
Sixty two dollars and Seventy cents.  Thereupon it is con-
sidered and adjudged by the Court that the plaintiff do have
and recover from the said defendant the Sum of Sixty two
dollars and Seventy cents ($62.70) on account of the non perfor=
=mance of the premises and assumptions in plaintiffs declaration
mentioned; together with the Sum of five dollars and thirty cents
for his costs in and about his Suit in this behalf expended, and
the defendant in mercy &c


Chas. L. Wilson, Daniel Holder, Philip Dell, Simeon Sanchez,
William E. Stephens, N.A. Strobahr, M. OBrien, Jerome
N. Jones, Wm Powell, John T. Prevatt, James A. Scott, John
G. Rawls and George M. Galpin, Elijah Barrow were sworn to give evidence
before the Grand Jury.

Wyatt C. Allen Council Stokes a Jurors was excused from attendance at
this Term of the Court, on account of sickness in his family

Daniel Lynn a Witness was on motion of the Solicitor dismissed
for the term