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Circuit Court Law Order Book, 1852, Fall Term (September, 1852)
50. Be it known that on the 7th day of July 1852, Thos. C. M. Alderson, who has been duly elected Clerk of the Circuit Court of Russell County personally appeared before the Judge of the said Circuit Court, in vacation, and took the oath of fidelity to the Commonwealth, the Oath to support the Constitution of the United States, the oath against duelling prescribed by the act of the Generally Assembly of Virginia passed the 22nd day of May 1852 and the oath of Office as Clerk of the said Circuit Court, and thereupon the said Thomas C. M. Alderson entered into and acknowledged a bond before the said Judge in the penalty of Ten thousand dollars with the condition prescribed by law, and the execution and acknowledgment of the said bond by Robert Boyd, J. F. McElhenney, Wm. B. Aston and George A. Pruner, was duly proved by Charles S. Bekem, a subscribing witness thereto; which bond has been certified to the Clerk of the County Court of Russell County, in order that the same may be recorded, all of which is ordered to be entered of record by the Clerk of the Circuit Court of Russell County. G. W. Hopkins, Judge of the C. C. R. C. Be it known that on the 19th day of July 1852 William B. Aston, who has been duly elected Attorney for the Commonwealth for the Circuit Court of Russell County, by the qualified votes thereof, for the term of four years from the 1st day of July 1852, personally appeared before the Judge of the said Court, in vacation, and took the several oaths prescribed by law, to wit, the oath of fidelity to the Commonwealth, the oath to support the Constitution of the United States, the oath against duelling prescribed by the act of the Generally Assembly of Virginia passed the 22nd day of May 1852 and the oath of Office, which is ordered to be entered of record by the Clerk of the Circuit Court of Russell County. G. W. Hopkins, Judge of the C. C. R. C.
At a Circuit Court for the County of Russell held at the Courthouse on Monday the 27th day of September 1852. Present George W. Hopkins Esquire Judge of the 17th Circuit. James Samples, Foreman, Abner Harding, Andrew Williams, John F. S. Fugate, Charles C. Gibson, William Salyers, Westley Gilmer, Solamon Musick, Wm. J. K. Browning, Joseph Chapman, David Osbourn, Robert Bush, Thomas S. Johnston, Gabriel Jessee, John G. Herndon, Wm. Campbell sr., John Browning, John Stinson, Abraham Thomas, Elbert S. Fugate, John A. Holland, Thomas H. Garrett, Martin Frailey, were sworn as Grand jury of inquest for the body of this County, and having received their charge withdrew to their apartment, and after some time returned into Court and not having finished their business were adjourned until tomorrow morning at 10 O'clock.
The capias awarded against the defendant being returned by the sheriff not executed on motion of the Attorney for the Commonwealth it is ordered that a plurias capias be awarded against the said defendant returnable on the first day of the next Term.
The Commonwealth vs. Noah Mullins, deft. on an Indictment for an assault The Attorney for the Commonwealth by leave of the Court saith that he will not further prosecute these causes, and they are ordered to be dismissed. -------------- The Commonwealth vs. Abraham Niecewander deft. on an Indictment for retailing ardt. spirits For reasons appearing to the Court it is ordered that these causes be continued till the next Term. -------------- The Commonwealth vs. the Justices of Russell, defts, in a rule for not maintaining a sufficient courthouse. For reasons appearing to the Court it is ordered that the rule made against the defendants in this behalf be discharged. -------------- The Commonwealth vs. James Bush deft. on an Indictment for an assault. This day came again as well the Attorney for the Commonwealth as the defendant by his attorney thereupon came also a jury, to wit: Peter M. Kelly, Lewis Dickenson, Elisha Baldwin, James Roman, Wm. H. Fields, Cornelius McLaughlin, Daniel Williams, William Keen, Samuel E. Gilmer, Lewis Viers, Abednego Harris & Christian Wampler Jr., who being elected tried and sworn the truth to speak upon the issue joined upon their oath returned the following verdict. We the Jury find for the defendant, whereupon it is considered by the Court, that the defendant be acquited of the offence aforesaid, and go hence thereof without delay.
52. Monday September 27th 1852
The Capias heretofore awarded against the deft. in this cause having been returned by the sheriff not executed, on motion of the Attorney for the Commonwealth an alias capias is awarded against the said deft. returnable here on the first day of the next term. --------------- The Commonwealth vs. Ann Whited deft. on an Indictment for an assault This day came again the Attorney for the Commonwealth and thereupon came also the several above named defendants by their Attorneys who pleaded not guilty to the Indictment against each of them, to which the Attorney for the Commonwealth replied generally in each case and the trail of the issues is deferred until the next term. --------------- The Commonwealth vs. Robert Whited deft. on an Indictment for an assault This day came again as well the Attorney for the Commonwealth as the defendant by his attorney and thereupon came also a jury, to wit, Peter M. Kelly, Lewis Dickenson, Elisha Baldwin, James Roman, Wm. H. Fields, Cornelius McLaughlin, Daniel Williams, Saml. B. Heaberlin, Saml. E. Gilmer, Lewis Viers, Abednego Harris and Christian Wampler Jr. who being elected, tried and sworn the truth to speak upon the issue joined, upon their oath return the following verdict, we the jury find for the defendant, werefore it is considered by the Court that the said deft be acquitted on the offence aforesaid and go hence thereof without day. --------------- The Commonwealth vs. Wm. & Jessee Keith defts, on an Indictment for disturbing a congregation assembled for religious worship This day came again as well the Attorney for the Commonwealth and the capias heretofore awarded against the defendant Wm. being returned by the sherriff not executed on motion of the said Attorney it is ordered that a plurias capias be awarded against the defendant Wm. returnable here on the first day of the next term, and also came the said defendant Jessee by his attorney and a jury, to wit, Peter M. Kelley, Elisha Baldwin, James Roman, Wm. H. Fields, George Wright, Cornelius McLaughlin, Daniel Williams, Samuel B. Heaberlin, Saml. E. Gilmer, Lewis Viers, Abednego Harris, and Mastin Dillion, who being elected, tried and sworn the truth to speak upon the issue joined, upon their oath return the following verdict, we the jury find for the defendant, wherefore it is considered by the Court that the said defendant Jessee be acquitted of the offence aforesaid and go hence thereof without day. --------------- The Commonwealth vs. Samuel Dickenson deft. on an Indictment for retailing ardt. Spirits This day came again as well the Attorney for the Commonwealth and thereupon came the defendant by his attorney who pleaded not guilty to which the attorney for the Commonwealth replied generally and thereupon came also a jury, to wit, Peter M. Kelly, George Wright, Elisha Baldwin, James Roman, Wm. H. Fields, Cornelius McLaughlin, Saml. B. Heaberlin, Daniel Williams, Saml. E. Gilmer, Lewis Viers, Abednego Harris and Christian Wampler Jr. who being elected, tried and sworn the truth to speak upon the issue joined, upon their oath return the following verdict, we the jury find the defendant guilty wherefore it is considered by the Court
Monday September 27th 1852. 53.
--------------- The Commonwealth vs. Joshia D. Bush deft. on an Indictment for disturbing a congregation assembled for religious worship. This day came again the Attorney for the Commonwealth and and thereupon came the defendant by his attorney who pleaded not guilty to which the Attorney for the Commonwealth replied generally, and thereupon came also a jury, to wit, Lewis Dickenson, Davis McLaughlin, David Owens, James Whitt, Benjamin Wolf, James F. Litton, Wm. Combs, Isaac Q. Anderson, Joseph Yates, Alexander Wright, Isaiah Bush & James Lockhart, who being elected, tried and sworn the truth to speak upon the issue joined, upon their oath return the following verdict, we the jury find the defendant not guilty, wherefore it is considered by the Court that the defendant be acquitted of the offence aforesaid, and go hence thereof without day. --------------- The Commonwealth vs. Mastin Dillion deft. on an Indictment for an assault On motion of the several defendants by their Attorney and for reasons appearing to the Court, it is ordered that these causes be continued until the next term at the costs of the said defendants. --------------- Charles Carrell surviving partner of Dickenson & Carrell Plaintiff Notice prooved by the oath of a witness, and the defendants being solmnly called came not, wherefore it is considered by the Court that the plaintiff have execution against the said defendants for $147.83 the penalty of said bond and the costs of this motion, but the be discharged by the payment of $73.83 with legal interest thereon from the 8th day of July 1851 till paid and the costs. --------------- Wm. L. D. Gillespie for the benefit of Caleb Hawkins Plaintiff Notice proved by the oath of a witness, and the defendants being solmnly called came not, wherefore it is considered by the Court that the plaintiff have execution against the said defendants for $18 the penalty of said bond and the costs of this motion, but the be discharged by the payment of $9 with legal interest thereon from the 8th day of July 1851 till paid and the costs. --------------- John Justice Exr. Plaintiff This day came the plaintiff by his Attorney and proved by the oath of the sherriff that the defendants have had legal notice of this motion and thereupon came the defendants Jarrett Justice and Hiram Justice by their Attorney and on their motion a further hearing of this motion is deferred until tomorrow. --------------- The Commonwealth Plaintiff This day came again the Attorney for the Commonwealth as well as the defendant by his attorney and thereupon came also a jury, to wit,
54. Monday September 27th 1852. James Lockhart, Isaac Q. Anderson, James F. Litton, Joseph Yates, Isaiah Burk, Lewis Dickenson, Benjamin Wolf, Nathan E. Burdine, Alexander Wright, Henry Skeen, Wm. Browning & James Whitt, who being elected tried and sworn the truth to speak upon the issue joined and having heard the evidence return to their apartment and after some time returned into court and declared that the could not agree in a verdict, whereupon, by consent of as well the Attorney for the Commonwealth as the defendant by his Attorney and with the leave of the Court James Whitt, one of the jurors aforesaid was withdrawn & the rest of the jury from rendering a verdict was discharged & the cause continued till the next term. Ordered that the sherriff summon 24 persons duly qualified to attend this Court on tomorrow as jurors. Ordered that the Court be adjourned till tomorrow morning at 10 OClock. G. W. Hopkins
Tuesday September 28th 1852 At a Circuit Court for the County of Russell continued by adjournment and held at the Courthouse on Tuesday September 28th 1852 Present the same Judge as on yesterday The Grand Jury who were adjourned on yesterday this day appeared in Court pursuant to said adjournment and again retired to their apartment, and after some time returned into Court and presented an Indictment against James Whitt a true bill
And the said Grand Jury having no further business were discharged ------------ The Commonwealth The Attorney for the Commonwealth with the consent of the Court saith that he will not further prosecute this cause and it is ordered that the same be dismissed ------------ The Commonwealth For reasons appearing to the Court it is ordered that this cause be continued till the next term at the cost of Mastin Dillion the prosecutor ------------ The Commonwealth This day came again the Attorney for the Commonwealth and the defendant having been summoned and not appearing though solemnly called thereupon came also a Jury, to wit, Ezekiel B. Garrett, Holden Davis, Henry Skeen, Lewis Viers, Christian Wampler Jr. Peter M. Kelly, John P. Robinson, Thomas Davis, Robert B. Cates, Wm. Combs, John Belcher & Flemming Burk, who being sworn to well and truly assess the fine against the said Defendant upon their oath returned the following verdict - we the jury find the defendant guilty and assess his find to $2.50 wherefore it is considered by the Court that the said defendant make his fine with the Commonwealth by the payment of $2.50 to the use of the literary fund and that he pay the costs of this prosecution.
The Commonwealth The Attorney for the Commonwealth with the consent of the Court saith that he will not further prosecute this cause and it is ordered that the same be dismissed
56. Tuesday September 28th 1852
The Commonwealth This day came again the Attorney for the Commonwealth and the defendants having been summoned though solemnly called failing to appear thereupon came also a Jury, to wit, Preston Rasnake, Mitchel Fields, Joshua Smith, A. C. Ferguson, Wm. Stinson, Singleton Candler, William Litton, John Lewis, Ira Reynolds, Marcus Tunnell, Richard Price & Mathews Lark who being sworn well and truly to assess the fine against the said defendants upon their oath returned the following verdict. We the Jury find the defendants guilty and assess the fine to $50 against each, wherefore it is considered by the court that the said defendants severally make their fine with the Commonwealth by payment of $50 each to the use of the literary fund and that they pay the costs of this prosecution. The Commonwealth The Commonwealth The Commonwealth The summons heretofore awarded against the defendants in these causes not having been executed on motion of the Attorney for the Commonwealth it is ordered that a new summons be awarded against the said defendants returnable here on the first day of the next term The Commonwealth The Commonwealth The Commonwealth This day came the Attorney for the Commonwealth and thereupon came also the several above named defendants by their Attorney who pleaded not guilty to which the Attorney for the Commonwealth replied generally and the trial of the issues is deferred till the next term
Tuesday September 28th, 1852. 57 The Commonwealth The summons heretofore awarded against the defendant not having been executed on motion of the Attorney for the Commonwealth it is ordered that a summons be issued against the said defendant to be directed to the sheriff of Washington County and returnable here on the first day of the next term The Commonwealth This day came as well the Attorney for the Commonwealth as the defendant in person who by leave of the court confessed judgment for the fine of $1.00 and the costs, therefore it is considered by the Court that the Commonwealth receive against the defendant the said fine of $1.00 and the costs. The Commonwealth This day came as well the Attorney for the Commonwealth as the defendant in person who by leave of the court confessed judgment for the fine of $1.00 and the costs, therefore it is considered by the Court that the Commonwealth receive against the defendant the said fine of $1.00 and the costs. The Commonwealth The summons heretofore awarded against the defendant not having been executed on motion of the Attorney for the Commonwealth it is ordered that a summons be issued against the said defendant to be directed to the sheriff of Washington County and returnable here on the first day of the next term Wm. C. Preston & others Plaintiffs In pursuance of a written agreement between the parties filed in the papers of this cause, it is considered by the Court that the tenants take the land in controversy to a divisional line heretofore made and agreed on and that the demandents or Stephen Gose convey the same to the children of Archer Jessee, decd. and that the cause be dismissed each party paying their own costs. Abner Carty Plaintiff The arbitrators to whom by a former order all matters of difference between the parties in the cause were referred having filed their award in words and figures as follows, to wit, "We award to the plts. $140.00 with interest thereon at 6 per cent per annum from the first day of March 1852 and the costs of this suit and likewise the costs of this award except the fees of the arbitrators which are to be equally paid by the parties which is $5.00 to each arbitrator, we further award that the defendants are entitles to the benefit of the sale by Wm. Nickles Constable of the pltfs.
58. Tuesday September 28th, 1852.
Robert Fugate {Seal} In pursuance and confirmation whereof it is considered by the Court that the plaintiff recover against the defendants $140.00 with interest thereon at 6 per cent per annum from the 1st day of March 1842, till paid and the costs of this suit including the costs of arbitration except the arbitrators fees which are to be paid equally by the parties.
The security for costs heretofore required of the plaintiff not having been given, on motion of the defendants by their attorney it is ordered that this cause be dismissed and the plaintiff pay to the defendants their costs by them about their defense in this behalf expended. Howard Wallis Plaintiff This day came the parties by their attorney and on motion of the plaintiff by his attorney it is ordered that this cause be dismissed, wherefore it is considered by the court that the defendant recover against the plaintiff $5.00 for his damages according to law & his costs by him about his defense in this behalf expended, & the defendant by his attorney here in Court releases the damages. Robert White assigned Plaintiff This day came again the parties by their Attorneys and the attorney for the defendant withdrawing the plea by him heretofore pleaded saith that he is not instructed what further to plead for the defendant in this behalf, wherefore it is considered by the Court that the plaintiff recover against the defendant $60.00 with legal interest thereon from the first day of November 1850 till paid and the costs in the suit. Chloe Lee Plaintiff By agreement of the parties in writing filed among the papers it is ordered that this cause be dismissed each party paying their own costs. Thos. C. M. Alderson for C. L. Creigh Plaintiff Notice proven by the oath of a witness and the defendants being solemnly called came not wherefore it is considered by the court that the plaintiff have execution against the said defendant for $108.10 the penalty of said bond and the costs of this motion, but to be discharged by the payment of $54.05 with
legal interest thereon from the 4th day of July 1851 till paid and the costs Alderson & Kernan Plaintiff Notice proven by the oath of a witness, and the defendants being solemnly called and came not, wherefore it is considered by the court that the plaintiff have execution against the said defendant for $119.20 the penalty of said bond and the costs of this motion, but to be discharged by the payment of $59.60 with legal interest thereon from the 7th day of July 1851 till paid and the costs E. D. Kernan Plaintiff Notice proven by the oath of a witness, and the defendants being solemnly called and came not, wherefore it is considered by the court that the plaintiff have execution against the said defendant for $144.20 2/3 the penalty of said bond and the costs of this motion, but to be discharged by the payment of $72.10 1/3 with legal interest thereon from the 20th day of June 1851 till paid and the costs subject to a credit however of $49.51 be endorsement on said bond. James S. Browning Plaintiff Notice proven by the oath of a witness, and the defendants being solemnly called and came not, wherefore it is considered by the court that the plaintiff have execution against the said defendant for $138.96 the penalty of said bond and the costs of this motion, but to be discharged by the payment of $69.48 with legal interest thereon from the 3rd day of July 1851 till paid and the costs.
Notice proven in Court by a witness, and the defendants being solemnly called and came not, wherefore it is considered by the court that the plaintiffs have execution against the said defendant for $316.46 the penalty of said bond and the costs of this motion, but to be discharged by the payment of $158.23 with legal interest thereon from the 1st day of July 1852 till paid and the costs. John Justice Exer. Plaintiffs This day came again the plaintiff by his attorney and the defendants being solemnly called and came not, wherefore it is considered by the court that the plaintiff have execution against the said defendant for $227.42 the penalty of said bond and the costs of this motion, but to be discharged by the payment of $113.71 with legal interest thereon from the 23rd day of November 1850 till paid and the costs. Ordered that the Court be adjourned until tomorrow morning at 10 Oclock. G. W. Hopkins
60. Wednesday September 29th 1852
Present the same Judge as on yesterday. On motion of Thomas C. M. Alderson Clerk of this Court Richard H. Lynch was admitted as his deputy, and thereupon the said Richard H. Lynch took the several oaths required by law.
George W. Hopkins Plaintiff In pursuance of a written agreement between the parties to these causes which agreement is filed with the papers of the first named cause, all matters in difference between them in relation to these causes are referred to the final determination of Beverly R. Johnston, Arthur c. Cummings and Samuel Leece and agree that their award or the reward of a majority of them made in accordance with the principals laid down in said agreement shall be made the judgment of the Court. Harry Smiths heirs Plaintiff Frederick Deal Plaintiff Leonard Shoemaker Plaintiff For reason appearing to the Court it is ordered that these causes be continued till the next term.
By agreement of the parties it is ordered that this cause be dismissed each party paying his own costs, whereupon leave is granted both parties to withdraw their papers filed in this cause.
This day came again the parties by their attorneys and the attorney for the defendant withdrawing the plea by him heretofore pleaded, saith that he is not instructed what further to plead for the defendant in this behalf, wherefore it is considered by the Court that the plaintiff recover against the defendant $133.72 with legal interest thereon from the 14 day of Jany. 1849 till paid and the costs in this suit.
Wednesday September 29th, 1852 61.
Augustus W. Aston Plaintiff This day came the parties by their attorneys and the attorney for the defendant withdrawing the plea by him heretofore pleaded saith that he is not instructed what further to plead for the defendant in this behalf, wherefore it is considered by the court that the plaintiff recover against the defendant $147.74 with legal interest thereon from the 4th day of March 1848 till paid and the costs in this suit. Augustus W. Aston Plaintiff This day came the parties by their attorneys and the attorney for the defendant withdrawing the plea by him heretofore pleaded saith that he is not instructed what further to plead for the defendant in this behalf, wherefore it is considered by the court that the plaintiff recover against the defendant $262.67 with legal interest thereon from the 7th day of April 1847 till paid and the costs in this suit. Augustus W. Aston Plaintiff This day came the parties by their attorneys and the attorney for the defendant withdrawing the plea by him heretofore pleaded saith that he is not instructed what further to plead for the defendant in this behalf, wherefore it is considered by the court that the plaintiff recover against the defendant $102.67 with legal interest thereon from the 18th day of June 1849 till paid and the costs in this suit. Roling R. Redwine Plaintiff The parties by their attorneys mutually submit all matters in difference between them in this suit to the final determination of James Dickenson & Joseph C. Fugate and the umpire, and agree that their award shall be made the judgment of the court, and the same is ordered accordingly. Jacob Owens &c. Plaintiff This day came the defendants by their attorney and saith that they have well and truly observed and performed the condition in the declaration mentioned and of this they put themselves upon the county and the plaintiff likewise and the trial of the issue is continued till the next term. Meshack White Plaintiff For reasons appearing to the court it is ordered that this suit be continued until the next term at the costs of the plaintiff.
62. Wednesday September 29th 1852.
Ezekiel Counts Plaintiff This day came the parties by their attorneys and the and the defendant by his attorney filed pleas in writing to which the plaintiff by his attorney replied generally and on motion of plaintiff and for reasons appearing from his oath a commission is awarded him to take the depositions of Nancy Hackney, and for reasons appearing to the court it is ordered that this cause be continued until the next term. James M. Crawford Plaintiff For reasons appearing to the court it is ordered that this cause be continued until the next term. Ordered that the Court be adjourned till tomorrow morning at 10 Oclock. G. W. Hopkins
At a circuit court for the county of Russell continued by adjournment and held at the courthouse on Thursday September 30th 1852. Present the same Judge as on yesterday.
The defendant being warned and not appearing, on motion of the plaintiff by his attorney, neither party requiring a jury, the court proceeded to ascertain the damages, whereupon it is considered by the court that the plaintiff recover against the defendant $50.00 with legal interest thereon from the 20th day of November 1851 till paid and his costs by him about his suit in the behalf expended. James C. Shoemaker & Wife Plaintiff For reasons appearing to the court it is ordered that this cause be continued until the next term at the costs of the plaintiff. Joseph Hackney Plaintiff This day again came the parties by the attornies and also a Jury, to wit, John Kelly, Israel McLaughlin, Ezekiel B. Garrett, James Roman, Hardy Pool, Joseph King, Henry Skeen, William Kelly, Thos. H. Lynch
Thursday September 30th 1852 63. James F. Litton, Thomas Addison & Elias Robinet, who being elected, tried and sworn the truth to speak upon the issue joined, who retired to their apartments and after some time came into court and returned the following verdict. We the jury fine for the Plaintiff and assess the damages to $60. It is therefore considered by the court that the plaintiff recover against the defendant the said sum of $60 and the costs by him in this behalf expended. Joseph Hackney Plft. This day again came the parties by the attornies and also a Jury, to wit, Thomas Fletcher, George W. Dickenson, Martin C. Garrett, Abner Wilson, Peter W. Kelly, Benjamin Johnston, Zadok N. Garnder, Cummings Gilmer, Andrew Statzer, Thomas Ruley, Thomas Mead, William Artrip who being elected tried and sworn the truth to speak upon the issue joined, and not agreeing in a verdict, were with the consent of the parties discharged and the cause is continued until the next term for proceedings to be had therein. Rees. T. Bowen for &c. Demandant This day again came the parties by the attornies and thereupon came a jury, to wit, Hardy Pool, Daniel F. Danna, Henry Skeen, Israel W. McLaughlin, Thos. H. Lynch, E. B. Garrett, Elias Robnett, James Roman, Wm. A. Harrisson, Thomas Carrell, Henry G. Mead & James F. Litton, who being elected, tried and sworn the truth to speak upon the issue joined upon their oath do say that Henry Ba[...] in the court mentioned was seized in fee of 150 acres of land, particularly mentioned and described in the Court within ten years before the suing out of the original writ in the cause and that the demandant has more right to have the said 150 acres of land with the appertainces than the tenant has to hold the same, therefore it is considered by the court that the said demandant recover against the said tenant seizure of the said 150 acres of land with the appertinances, to hold to him and his heirs forever and that the said demandant recover of the tenant his costs about his suit in this behalf expended and the said tenant in Mercy &c. whereupon the demandant prays the writ of the commonwealth to cause him to have his seizure & to him it is granted returnable here on the first day of the next term. Simeon Hunt and others Plaintiffs For reasons appearing to the court it is ordered that this suit be continued until the next term. Jacob Rasnake Plaintiff This day came the parties by the attornies who being fully heard
64. Thursday September 30th 1852
Henry Skeen Plaintiff This day came the parties by their attornies and the defendant pleaded to guilty to which the plaintiff by his attorney replied generally and issue and thereupon the cause is continued until the next term. The Commonwealth Plaintiff This day came as well the Attorney for the Commonwealth as the defendant in person; who by leave of the court confessed judgement for the fine $1.00 and the costs therefore it is considered by the court that the Commonwealth recover against the defendant the said fine of $1.00 and the costs. ---------------------- Roling R. Redwine Plaintiff The arbitrators to whom by a former order all matters of differance between the parties in this cause were referred, having filed their award in words, and figures, as follows, to wit, We the undersigned arbitrators to whom the within case was referred by an order of the Circuit Court of Russell County having heard the evidence produced before us and the arguments of counsel are of opinion that the defendant ought to succeed, we do therefore adjudge and award in favor of the defendant and that he recover from the plaintiff his costs by him about his defence in this behalf expended. Given under our hand this 30th day of September 1852. James Dickenson In pursuance and confirmation whereof it is considered by the court that the defendant recover against the plaintiff his costs in this behalf expended. ---------------------- Charles S. Bekem the former Attorney for the Commonwealth in this County is allowed one hundred dollars for public services from Spring term 1851 down to the last term, and the further sum of sixteen dollars and sixty six cents for like services, from the last term down to the first of July last, and Wm. B. Aston the present Attorney for the Commonwealth in the County is allowed twenty five dollars for his services from the 1st July down to the end of this term. James P. Carrell late clerk of this Court is allowed the sum of fifty dollars for public services rendered by him from Spring term 1851 till spring term 1852 and the further sum of five dollars from thence till 1st July 1852.
Thursday September 30th 1852 65
and Thomas C. M. Alderson the present clerk of this court is allowed seven dollars and fifty cents for his public services from the 1st July to the end of this term. George W. Johnston former sherriff of this county is allowed sixteen dollars and sixty six cents for his public services from spring term 1851 to march County court 1852. And James Dickenson former sherriff of this County is allowed six dollars and sixty six cents for his public services from March County Court to 1st July 1852 and Isaac Vermillion the present Sherriff of the County is allowed ten dollars for his public services from 1st July to the end of this term. Peter B. Henritze Jailor is allowed Ten dollars for his public services to the end of this term. ----------------- Ordered that the above several accounts be certified to the auditor of public accounts.
John Orsbourn Plft vs. } In debt On motion of the defendants by their attorney who pleaded payment, to which the plaintiff by his attorney replied generally, it is ordered that the judgement obtained in the clerks office against the said defendant be set aside. ----------------- Elijah Corder Plft On motion of the defendants by their attorney who pleaded payment, to which the plaintiff by his attorney replied generally, it is ordered that the judgement obtained in the clerks office against the said defendant be set aside. ----------------- Beverly R. Johnston Plft David Banner Plft Isaac Vermillion Plft For reasons appearing to the Court it is ordered it is ordered that the several causes be continued until the next term. Ordered that the court be adjourned until the first day of the next term. G. W. Hopkins
This day came the plaintiffs by their attorney and the defendants not yet appearing, it is considered by the Court that the judgment obtained in the Clerks Office be made final and that the Plfts recover against the Defts. $1963.57 the debt in the declaration with interest thereon to be computed at the rate of six per centum per annum from the 1st day of March 1851 till paid and their costs by them about their suit in the behalf expended.
Alexander St. Clair and Rees B. Green late merchants and parters trading under the firm and style of This day came the plaintiffs by their attorney and the defendant not yet appearing, it is considered by the Court that the judgment obtained in the Clerks Office be made final and that the plaintiffs recover against the Deft. $31.13 the debt in the declaration with interest thereon to be computed at the rate of six per centum per annum from the 1st day of February 1851 till paid and their costs by them about their suit in the behalf expended. -------------- Holler & Johnson Plaintiffs This day came the plaintiffs by their attorney and the defendant not yet appearing, it is considered by the Court that the judgment obtained in the Clerks Office be made final and that the Plfts. recover against the Defts. $45.34 the debt in the declaration with interest thereon to be computed at the rate of six per centum per annum from the 8th day of January 1851 till paid and the costs by them about their suit in the behalf expended. -------------- James S. Browning Plaintiff This day came the plaintiff by his attorney and the defendant not yet appearing, it is considered by the Court that the judgment obtained in the Clerks Office be made final and that the Plfts. recover against the Deft. $200.00 the debt in the declaration with interest thereon to be computed at the rate of six per centum per annum from the 8th day of December 1850 till paid and the costs by them about their suit in the behalf expended.
This day came the plaintiffs by his attorney and the defendants not yet appearing, it is considered by the Court that the judgment obtained in the Clerks Office be made final and that the Plft. recover against the Defts. $113 the debt in the declaration with interest thereon to be computed at the rate of six per centum per annum from the 18th day of February 1851 till paid and their costs by them about their suit in the behalf expended.
A. L. Hendricks Plaintiff This day came the plaintiff by his attorney and the defendants not yet appearing, it is considered by the Court that the judgment obtained in the Clerks Office be made final and that the Plft. recover against the Defts. $38.70 the debt in the declaration with interest thereon to be computed at the rate of six per centum per annum from the 10th day of November 1851 till paid and their costs by them about their suit in the behalf expended. -------------- Joseph F. Kent Plaintiff This day came the plaintiff by his attorney and the defendant not yet appearing, it is considered by the Court that the judgment obtained in the Clerks Office be made final and that the Plaintiff recover against the Deft. $57.38 the debt in the declaration mentioned with legal interest on $50.75 a part thereof from the 13th day of June 1851, and $16.63 the balance thereof from the 11th day of July 1851 till paid and the costs by them about their suit in the behalf expended. -------------- Gustavis A. Crocket Plaintiff This day came the plaintiff by his attorney and the defendant not yet appearing, it is considered by the Court that the judgment obtained in the Clerks Office be made final and that the Plfts. recover against the Deft. $44.64 the debt in the declaration with interest thereon to be computed at the rate of six per centum per annum from the 7th day of February 1851 till paid and the costs by them about their suit in the behalf expended. -------------- Thomas C. McCleary Plaintiff This day came the plaintiff by his attorney and the defendant not yet appearing, it is considered by the Court that the judgment obtained in the Clerks Office be made final and that the Plfts. recover against the Deft. $72.25 the debt in the declaration with interest thereon to be computed at the rate of six per centum per annum from the 25th day of December 1847 till paid and the costs by them about their suit in the behalf expended.
This day came the plaintiffs by his attorney and the defendant not yet appearing, it is considered by the Court that the judgment obtained in the Clerks Office be made final and that the plaintiff recover against the Deft. $44 the debt in the declaration mention with interest thereon to be computed at the rate of six per centum per annum from the 15th day of February 1851 till paid and the costs by them about their suit in the behalf expended, subject to a credit however of $40 the 28th Sept. 1852 paid to the plfts. Counsel & marked on the docket. Teste. Thos. C. M. Alderson. C. C. |
