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Circuit Court Law Order Book, 1853, Spring Term (April, 1853)
At a Circuit Court for the county of Russell held at the courthouse on Monday the 18th day of April 1853 Present Andrew S. Fulton Judge of the 17th Circuit E. D. Kernan, foreman, James Colly, Joseph Chapman, Vincent Jessee, Richard L. Meade, Jefferson Jesse, Jessee Fuller, George Gose, Thomas Meade, Wm. Stinson senr., Wilson Elliott, Abner Wilson, Elbert S. Fugate, Thomas H. Garrett sr., Josiah Tignor, Martin G. Garrett, Abram Thomas, & James Roman, was sworn a Grand Jury of inquest for the body of the County received their charge, withdrew from the bar to consult upon their presentments and after some time returned into Court and not having finished their business was adjourned untill tomorrow morning at 10 O.c. Commonwealth Commonwealth Commonwealth The defendant comes into Court in his proper person and with the leave of the Attorney prosecuting for the Commonwealth, & with the consent of the Court confesses a judgment in each of these cases for a fine of $1 and the costs, it is therefore considered by the Court that the defendant make his find by the payment of $1 in each of these cases & the cost The Commonwealth vs. Abram Nicewander, on an Indictment for Retl. ardt. spts The Attorney prosecuting for the Commonwealth in this Court, with leave of the Court, saith that he will not farther prosecute these cases.
Monday April 18th 1853 69 The Commonwealth The defendant in his proper person comes into court, and with the leave of the Attorney prosecuting for the Commonwealth and with the consent of the Court, confesses a judgment for a fine of $1 and the cost, It is therefore ordered by the Court that the defendant make his fine by paying one dollar and the cost The Commonwealth The defendant in his proper person comes into court, and with the leave of the Attorney prosecuting for the Commonwealth and with the consent of the Court, confesses a judgment for a fine of $1 and the cost, It is therefore ordered by the Court that the defendant make his fine by the payment of $1 and the cost The Commonwealth The defendant in his proper person comes into court, and with the leave of the Attorney prosecuting for the Commonwealth and with the consent of the Court, confesses a judgment for a fine of $1 and the cost, It is therefore ordered by the Court that the defendant make his fine by the payment of $1 and the cost The Commonwealth This day came the Attorney prosecuting for the Commonwealth in this Court, as well as the defendant by his attorney who pleaded not guilty to the indictment and put himself upon the Country and the Attorney for the Commonwealth did likewise, thereupon came also a Jury, to wit, Albert G. Clay, Isaac Q. Anderson, Chas. W. Fogleman, Amos Willis, Elses Musick, Macon Hurt, Jefferson Keen, Patton G. Keen, Jonathan Honaker Jr., Charles Hurt, William Price, & Wm. Gilmer Jr., who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say that the defendant is not guilty as in the indictment against his is alledged as by pleading he hath alledged. Therefore it is considered by the Court that the defendant be acquitted of the indictment against him, and go hence thereof. The Commonwealth vs. Samuel Hess } On an Indictment for an assault This day again came the Attorney for the Commonwealth prosecuting in the Court and the defendant by his Attorney and thereupon came also a jury, to wit, Abraham Buckles, John P. Robinson, Alexander Wright, Elkana Dorton, David Runnion, Lewis Arrington, John W. Litton, Caleb Griffith, Richard Steel, David Owens, John Gilmer & Francis A. Browning, who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say "we the jury find the defendant not guilty, therefore is considered by the Court that the defendant be acquited of the indictment aforesaid and go home thereof.
70 Monday April 18th 1853 The Commonwealth This day came the Attorney prosecuting for the Commonwealth in this Court, as well as the defendant by his attorney and thereupon came also a Jury, to wit, Abraham Buckles, John P. Robinson, Alexander Wright, Elkana Dorton, David Runnion, Lewis Arrington, John W. Litton, Caleb Griffith, Richard Steel, David Owens, John Gilmer, & Francis A. Browning,who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say "we the jury find the defendant William Keath guilty and assess his fine at $25. Therefore it is considered by the Court that the defendant make his fine by the payment of $25., and the cost. And the Court doth further order that the said defendant William Keeth be confined in the public jail of the County for the term or one month. The Commonwealth This day came the Attorney prosecuting for the Commonwealth in this Court, as well as the defendant by her attorney and thereupon came also a Jury, to wit, Albert G. Clay, Isaac Q. Anderson, James S. Browning, Elexas Musick, Macon Hurt, Jefferson Keen, Jonathan Honaker Jr., Patton G. Keen, Charles Hurt, William Price & William Gilmer Jr, who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say "we the jury find the defendant not guilty." Therefore it is considered by the Court that the defendant be acquitted of the indictment against him, and go hence thereof. The Commonwealth This day came the Attorney prosecuting for the Commonwealth in this Court, as well as the defendant by his attorney, who pleaded not guilty to the indictment and put himself upon the Country, and the Attorney for the Commonwealth did likewise, and thereupon came also a jury, to wit, Abraham Buckles, Elkana Dorton, David Runnion, Lewis Arrington, John W. Litton, Caleb Griffith, Richard Steel, David Owens, John Gilmer, Francis A. Browning, David C. Ferguson, & Calvin M. Griffith, who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say "we the jury find the defendant not guilty." Therefore it is considered by the Court that the defendant be acquitted of the indictment against him, and go hence thereof. The Commonwealth vs. Granville Short } On an Indictment for Grand Larceny The plurias capias awarded at the last term in this case, having been returned "not found. It is ordered that a new capias be awarded against the said defendant returnable here at the next term & the cause is continued.
Monday April 18th 1853 71 The Commonwealth vs. Ann Whited } On an Indictment for an Assault For reasons appearing to the Court, It is ordered that this cause be continued till the next term. The Commonwealth vs. Davis McLaughlin } On an Indictment for an Assault The defendants by their Attorneys alledging that Mastin Dillion who entered himself as prosecutor in these cases is insolvent on the motion of the said defendants by their attorneys it is ordered that these cases be dismissed unless security for the payment of such costs as may be awarded to the said defendants and also of the fees which will become due to the officers of this court be given with the clerk before the first day of the next term, and on motion of the attorney for the Commonwealth these causes are continued till the next term for the Commonwealth.
This day came the attorney prosecuting for the Commonwealth in this court as well as the defendant by his attorney, and thereupon came also a jury, to wit, Eleses Musick, Albert G. Clay, William Price, Charles W. Fogleman, Amos Willis, Jonathan Honaker Jr., Jefferson Skeen, Isaac Q. Anderson, Ira Reynolds, Aaron H. Nash & Martin Frailey, who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say "we the jury find the defendant not guilty. Therefore it is considered by the court that the defendant be acquited of the indictment aforesaid and go hence thereof. It is ordered that the Court be adjourned till tomorrow at 10 Oc. And. T. Fulton
At a Circuit Court for the County of Russell continued by adjournment and held at the Courthouse on Tuesday the 19th day of April 1853 Present the same Judge as on yesterday. The Grand Jury who were adjourned on yesterday this day appeared in Cort persuant to said adjournment, and returned to their appartment to consult upon their presentments and after some time returned into Court and made the following presentments. An Indictment against Wm. Richardson for an assault - a true bill
72 Tuesday April 19th, 1853 And an Indictment against Jessee Keeth for Retl. Ardt. Spts. without a license - a true bill Ordered that the several persons against whom Indictments have this day been found be summoned to appear here on the first day of the next term, and answer to the same. A Hupp Pltf. It appearing to the Court that the defendants have had legal notice of this motion, they were solemnly called but failed to appear, on motion of the plaintiff it is ordered that judgment be granted and execution be awarded him against the said defendant for the sum of $277.18 but to be discharged by the payment of $138.59 with legal interest thereon from the 3rd day of November 1852 till paid and the cost. James S. Browning Plaintiff It appearing to the Court that the defendants have had legal notice of this motion, they were solemnly called but failed to appear, on motion of the plaintiff it is ordered that judgment be granted and execution be awarded him against the said defendant for the sum of $483.26 but to be discharged by the payment of $241.63 with legal interest thereon from the 25th day of October 1852 till paid and the cost. Thos. C. McClearey Plaintiff It appearing to the Court that the defendants have had legal notice of this motion, they were solemnly called but failed to appear, on motion of the plaintiff it is ordered that judgment be granted and execution be awarded him against the said defendant for the sum of $212 but to be discharged by the payment of $106 with legal interest thereon from the 25th day of October 1852 till paid and the cost. James Dickenson & N. B. Gray Admrs. of James Gray (decd) Plaintiff It appearing to the Court that the defendants have had legal notice of this motion, they were solemnly called but failed to appear, on motion of the plaintiffs it is ordered that judgment be granted and execution be awarded him against the said defendant for the sum of $4396.90 but to be discharged by the payment of $2198.45 with legal interest thereon from the 25th day of October 1852 till paid and the cost. The Commonwealth vs. Lewis Low On an Indictment for an assault The summons award against the said defendant having been returned not found, it is ordered that a new Summons be awarded against the said defendant, directed to the Sherriff of Tazewell County made returnable here on the first day of the next term.
Tuesday April 19th, 1853 73 A. L. Hendricks Pltf. It appearing to the Court that the defendants have had legal notice of this motion, they were solemnly called but failed to appear, on motion of the plaintiff it is ordered that judgment be granted and execution be awarded him against the said defendant for the sum of $102.88 but to be discharged by the payment of $51.44 with legal interest thereon from the 8th day of December 1852 till paid and the cost. The Commonwealth Pltf. The defendant in his proper person comes into Court and with the leave of the Attorney prosecuting for the Commonwealth and with the consent of the Court confesses a judgment for a fine of $1. Therefore it is considered by the Court that the defendant make his find by the payment of $1 and the cost. The Commonwealth Plaintiff. This day came as well the attorney for the Commonwealth prosecuting in the Court as the defendant by his attorney, and thereupon came also a jury, to wit, Reubin Finney, Thomas Gibson, Henry G. Mead, Jarett Justice, David C. Ferguson, Calvin T. Fields, Saml. P. Fogleman, Joseph King, Thomas J. Davis, Saml. Hargiss Jr., Alexander Wright, & Charles Johnston, who being duly elected tried and sworn the truth to speak upon their oath do say "We the Jury find the defendant not guilty" therefore it is considered by the Court that the defendant be acquitted of the indictment aforesaid and go hence thereof. The Commonwealth Plaintiff. This day came again the attorney for the Commonwealth prosecuting in this Court, as the defendant by his attorney, and thereupon came also a jury, to wit, John Harris, Saml. B. Heaberlin, Thomas J. Ruley, Joel Fields, Barton Ray, Thomas Fletcher, John Sullivan, John Belcher, Anthony M. Ferguson, Nathan E. Burdine, Hardey Pool, & Elijah Rasnake Jr., who being duly elected tried and sworn the truth to speak upon the issue joined and having fully heard the case they were sent out of Court to consult upon their verdict and after some time returned into court and declaring that they could not agree upon a verdict, John Harris, one of the jurors is withdrawn and the rest from rendering a verdict discharged, and the case is continued until the next term. The Commonwealth vs. Mastin Dillion } On an Indictment for an Assault On motion of the attorney prosecuting for the Commonwealth in this Court it is ordered that these causes be continued until the next term.
74 Tuesday Apl 19th 1853 The Commonwealth Plaintiff This day came as well the attorney for the Commonwealth prosecuting for the Commonwealth in the Court as the defendant by his Attorney and thereupon came also a jury, to wit, Stephen E. Ratliff, Thomas J. Davis, Jarrett Justice, John Wright Jr., Wm. G. Cowan, Charles Johnston, Joseph King, Saml. Hargis Jr., Saml. Dickenson, Henry G. Mead, Thomas Gibson, & Reubin Finney, who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say "we the jury find the defendant not guilty, therefore it is considered by the Court that the defendant be acquitted of the indictment aforesaid and go home thereof. The Commonwealth Plaintiff It appearing that in this case a summons was issued by the clerk of this court directed to the sherriff of Washington County commanding him to summons the said defendant to appear here on the first day of this term and to have here on that day the said summons and it appearing that the said sherriff has failed to action the same. On motion of the Attorney prosecuting for the Commonwealth in the Court, it is ordered that Mathew H. Buchanan Sherriff of the said County of Washington be summoned to appear here and show cause if any he can, why he not be fined for his said contempt, and it is further ordered that a new Summons be awarded against the said defendant Hold, directed to the Sheriff of Washington County returnable here on the first day of the next term, to which time this cause is continued. The Commonwealth Plaintiff This day came as well the attorney prosecuting for the Commonwealth in this Court as the defendant by his Attorney who pleaded not guilty to the indictment and put himself upon the Country, and the Attorney for the Commonwealth did likewise, and thereupon came also a jury, to wit, Stephen E. Ratliff, Thomas J. Davis, Jarrett Justice, John Wright Jr., Wm. G. Cowan, Charles Johnston, Joseph King, Samuel Hargis Jr., Henry G. Mead, Thomas Gibson & Reubin Finney, who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say "we the Jury find the defendant not guilty, therefore it is considered by the Court that the defendant be acquitted of the indictment aforesaid and go hence thereof. The Commonwealth vs. Fielding Combs & Mary Hackney, On An Indictment for Lewdness
Jacob Owens for Saml. B. Heaberlin plaintiff This day came the parties by their attorneys and they're also a jury, to wit, Thomas Addison, Joseph King, Thomas J. Davis, Stephen E. Ratliff, Samuel Hargis Jr., Charles Johnston, William Artrip, Ezekiel K. Counts, John Wright, Joel Fields, & Lewis Arrington & Wm. G. Cowan, who being elected tried and sworn the truth to speak upon the issue join upon their oath do say "we the jury find for the plaintiff the debt in the declaration mentioned to be discharged by the payment of $70 with interest thereon from the 6th day of December 1848 till paid. Therefore it is considered by the court that the plaintiff recover against the said defendants the sum of seventy dollars with legal interest thereon from the 6th day of December 1848 till paid and his costs and this behalf expended. Ordered that Shadrick W. White and Peter W. Kelly be summoned to appear here on the first day of the next term and show cause if anything they can why they shall not be fined for failing to attend and serve as jurors on this day after having been duly summoned by the sheriff. Wm. Keith was committed to the jail of this County on yesterday by an order of this court was this day again brought into court and required to give security for his good behavior of the ensuing 12 months where the said William Keith and Steven Benner and Martin Frailey his securities here in court acknowledged themselves indebted to the Commonwealth of Virginia and the sum of $200 to wit the said William Keith in the sum of $100 and the said Stephen Banner and Martin Frailey in the sum of $50 each of their respective lands and tenements good and chattels to be levied and to the said Commonwealth for the use of thereof to be rendered. Yet upon this condition that if the said William Keith shall keep the peace and be of good behaviour towards all of the citizens of this Commonwealth for the ensuing 12 months then this recognizance to be void and then the said Keith was discharged from his imprisonment. The Commonwealth vs Chas. Short & Sally Mullins - On An Indictment for Lewdness The summons heretofore awarded against the said defendants having been returned not found. On Motion of the Attorney prosecuting for the Commonwealth if this Court, a capias is awarded against the said defendants returnable here on the first day of the next Term. The Commonwealth vs. Lorenzo D. Vincell - On an Indictment for an assault The summons heretofore awarded against the said defendant having been returned not found. On Motion of the Attorney prosecuting for the Commonwealth if this Court, a capias is awarded against the said defendants returnable here on the first day of the next Term. The Commonwealth vs. Clabourn Hicks - On an Indictment for an assault The summons heretofore awarded against the said defendant having been returned not found. On Motion of the Attorney prosecuting for the Commonwealth if this Court, a capias is awarded against the said defendants returnable here on the first day of the next Term.
76 Tuesday April 19th 1853 The Commonwealth vs. Lucy Fraily - On An Indictment for Ret. Ardt. Spts. The Attorney prosecuting for the Commonwealth in the Court with leave of the Court saith that he will not further prosecute in these cases. The Commonwealth Pltf. The defendant by his Attorney demurred generally to the indictment and pleaded not guilty and put himself upon the Country, and the Attorney prosecuting for the Commonwealth did likewise & the case is continued till the next term. The Commonwealth vs. Catharine Perkins, Rule For reasons appearing to the Court this cause is continued until the next Term. Joseph Hackney pltf. vs. Chas. D. Boyd Deft. - Trover For reasons appearing to the Court this cause is continued until the next Term at the cost of the plaintiff. Ordered that the Court be adjourned till tomorrow morning at 9 Oc. And. T. Fulton
Wednesday April 20th 1853 At a circuit court court for the County of Russell continued by adjournment and held at the Courthouse on Wednesday the 20th day of April 1853. Present the same Judge as on yesterday. James Skeen Pltf. This day came the parties by their Attorneys and the deft. by his Attorney filed two pleas in writing and the plaintiff by his attorney moved the Court to set aside the second plea upon the grounds that the matter thereof could not properly be pleaded in this action, and the Court being of that opinion accordingly set aside the said second plea and admitted the first to be filed to which the plaintiff replied generally & issue, and thereupon came a jury, to wit, Morgan Gilmer, Samuel P. Fogleman, Patton G. Keen, Elijah S. Counts, Wm. P. Horton, Thomas Davis, Robert Boyd, Geo. W. Robinson, Wm. Pucket, Emanuel Tignor, Thomas P.Addison & Thomas Fletcher, who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say "we the jury find for the plaintiff and assess his damages at $16.75. Therefore it is considered by the Court that the plaintiff recover against the defendant the sum of $16.75 his damage as aforesaid, in the form aforesaid assessed by the jurors aforesaid and his costs in this behalf expended. The defendant by his attorney moved the court to set aside said verdict and grant him a new trial, which motion was ordered by the Court.
Wednesday April 20th 1853 77
This day came the parties by their attorneys and thereupon came also a jury, to wit, John Amburgy, Isaac McFadden, Nathan E. Burdine, Isaiah Cumbo, Noah Fuller, Vincent Browning, Thomas W. Davis, Charles Johnston, Stephen G. Samples & John C. Weddle, who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say "we the jury find for the defendant. Therefore it is considered by the Court that the plaintiffs take nothing by his bill & that the said defendant recover against the said plaintiffs their costs in this behalf expended. William Kelly & others for Alexander Findley Plaintiffs Abner Crump for Geo. W. Hopkins Plaintiff Geo. W. Hopkins Plaintiff An Order having been made by this court on the 29th day of September 1852 in these causes submitting all matters of difference between them to the final determination of Beverly R. Johnston, Arthur C. Cummings and Samuel Leece and the said Johnston having refused to act as arbitrator it is therefore ordered that Chas. J. Cummings be substituted in the [...] of the said Johnston and these causes are continued till the next Term. A rule having been made on yesterday against Peter W. Kelly requiring him to appear here on the first day of the next term and show cause, if any he can, why he should not be fined for failing to attend as a juror appeared in court on this day and showing a reasonable excuse for such failure the said rule on his motion is now discharged. Patton G. Keen against whom a rule was made at the last term for failing to attend as a witness in behalf of Meshack White against Robert Horton, showing a reasonable excuse for such failure, the said rule on his motion is now discharged. Joseph Hackney Plft. vs. Chas. D. Boyd Deft. In trover. For reasons appearing to the Court it is ordered that this cause be continued until the next term at the cost of the plaintiff. Simeon Hunt & others Plfts vs. James Samples & others, Issue out of Chancery. For reasons appearing to the Court it is ordered that this cause be continued until the next term at the cost of the plaintiffs .
78 Wednesday April 20th 1853 Henry Skeen Plaintiff vs. Caleb Hawkins & wife Defendants, In Case By agreement of the parties, it is ordered that these causes be dismissed each party paying their own cost. Frederick Deal Plft. vs. David Tiller Deft. } In case For reasons appearing to the Court, it is ordered that these causes be continued until the next term. The Commonwealth Plft. vs. James Robnett Deft. On Motion on a forthcoming bond For reasons appearing to the Court, it is ordered that these causes be continued until the next term. Andy F. Hendricks Plft It appearing to the Court that the defendants have had legal notice of this motion they were solemnly called but failed to appear, on motion of the plaintiff it is ordered that judgment be granted and execution awarded him against the said defendants for the sum of $63.64 but to be discharged by the payment of $31.82 with legal interest thereon from the 7th day of December 1852 till paid and the costs. James Chafin having been guilty of a contempt of Court by coming into the Courthouse intoxicated whilst the court was in session and making a loud noise so as to disturb the proceedings of Court was sentenced to confinement in the jail of this county until six o'clock of this day. Ezekiel Counts Plft. This day came the parties by their attorneys and thereupon came also a jury, to wit, Zadok N. Gardner, Nelson Gray, Isaac M. Fadden, Thomas T. Hawkins, Isaiah Cumbo, Noah Fuller, David H. Jessee, Vincent Browning, Thomas W. Davis, Charles Johnston, Stephen G. Samples, John C. Weddle, who being elected tried and sworn the truth to speak upon the issue joined & not having fully heard the evidence, they are adjourned until tomorrow morning at 9 O.c. The Commonwealth plft. vs. Davis McLaughlin Deft, On An Indictment for assault The order entered in these causes on the 2nd day of the present term are set aside, and on motion of the defendant by their counsel and for reasons appearing to the Court it is ordered that Mastin Dillion who is prosecutor in these cases be summoned to appear hear on the first day of the next term and show cause if any he can why he should not give security for the costs of these prosecutions. Ordered that the Court be now adjourned untill tomorrow morning at 9 O.c And. T. Fulton
Thursday April 21st, 1853 79 At a Circuit Court for the County of Russell continued by adjournment and held at the Courthouse on Thursday the 21st day of April 1853 Present the same Judge as on yesterday The Commonwealth Plft. This day came as well the Attorney for the Commonwealth as well as the defendant by his attorney & on motion of the defendant he lath leave to withdraw his plea heretofore pleaded which is done, and thereupon the defendant demurred to the Indictment in which demurrer the Attorney for the Commonwealth joined & the matters of law thereon arising being argued by Counsel doth sustain said demurrer; it is therefore considered that the Commonwealth take nothing by her bill but the defendant be discharged Ezekiel Counts Plaintiff This day came again the parties by their Attorneys and also the Jury sworn yesterday to try the issue in this cause, appeared in Court according to their adjournment and having fully heard the evidence, were sent out of court to consult of their verdict, and after some time returned into Court and upon their oath do say "we the Jury find for the defendant, therefore it is considered by the Court that the plaintiff take nothing by his bill, and that the defendant recover against the said Plaintiff his costs in this behalf expended Leonard Shoemaker Plaintiff For reasons appearing to the court, it is ordered that this cause be continued until the next term Meshack White plft vs. Robert A. Horton Deft. (Cont) The parties by their Attorneys mutually submit all matter in difference between them in this suit to the final determination of James P. Carrell & Thos. C. M. Alderson and their award or the award of such person as they shall choose for an umpire thereupon is to be made the judgment of the Court and the same is ordered accordingly, and the cause is continued until the next term. On motion of John T. Howard he took the oath of Administration and entered into and acknowledged his bond in the sum of Two Thousand and five hundred dollars with Wm. B. Aston & Thomas W. Davis as his securities, conditioned as the Law directs a certificate is therefore granted him for obtaining letters of Administration on the estate of Jane Fletcher decd. in due form. Ordered that Thos. W. Davis, Thos. J. Richardson, Gabriel Jessee & Elijah Ferrell or any three of them after being first duly sworn for the purpose do view and appraise in current money all the personal property and slaves if any to them produced for Jane Fletcher decd. and return such appraisment under their hands signed by the adminstrators to the Court.
80 Thursday April 21st, 1853 Isaac Vermillion Plft vs John Benner Deft. Summons The summons issued by the clerk against the defendant as a debtor of Bromfield McCoy, sent a written acknowledgment to in which he acknowledged himself in debted to the said Bromfield McCoy a sufficient amount for all the claims for which he has been summoned therefore it is considered by the court that the said Isaac Vermillion recover against the said John Banner the sum of $9.00 with which he is charged in the said summons, together with the costs in this behalf expended Beverly R. Johnston Pltf vs. John Benner Deft Summons The summons issued by the clerk against the defendant as a debtor of Bromfield McCoy, send a written acknowledgement to court in which he acknowledged himself indebted to the said Bromfield McCoy a sufficient amount to pay all the claims for which he was summoned, therefore it is considered by the court that the said Beverly R. Johnston recover against the said John Banner $100 therefore with legal interest as a thereon from the 5th day of September 1850 till paid and $6.50 the balance thereof with which he is charged in the said summons and costs in this behalf extended pr. September 16th 1851 $2.62 David Benner Plft vs. John Benner Deft. Summons The summons issued by the clerk against the defendant as a debtor of Bromfield McCoy, sent a written acknowledgment to in which he acknowledged himself in debted to the said Bromfield McCoy a sufficient amount for all the claims for which he has been summoned. therefore it is considered by the court that the said David Benner recover against the said John Banner the sum of $4. 36 with which he is charged in the said summons, together with the costs in this behalf expended Samuel Salyer Plft. vs. Joel Vickers & others Defts. (Assault & Battery) The defendants by their attorney severally pleaded not guilty, and put themselves upon the Country to which the plaintiffs by their Attorneys replied generally, and these causes are continued until the next term. Nancy V. Burk Plft. For reasons appearing to the Court it is ordered that this cause be continued until the next Term. Mary Eliza Baker Plft. vs. William Saney Deft. ( Case The defendant by his attorney pleaded not guilty to which the plaintiff by her Attorney replied generally & issue & the judgment obtained in the office i set aside an the cause is continued until the next term.
Thursday April 21st, 1853 81 Elijah Corder Plft. Plea waved, Judgment by non sum in formattus for the sum of $583.25 the debt in the declaration mentioned with legal interest thereon from the 20th day of November 1850 till paid and the cost, cr. $293. - Dec. 23d. 1850 John Orsbourne Plft Plea waved, Judgment by non sum in formattus for the sum of $830.75 the debt in the declaration mentioned with legal interest thereon from the 20th day of November 1850 till paid and the cost, cr. $415. - Dec. 23d. 1850 Jacob Rasnake Plft. This day came the defendant by his attorney and pleaded not guilty and also filed a special plea in writing, to which plea the plaintiff replied generally, whereupon the judgment obtained in the Office against the said defendant is set aside and the trial of the issues is continued till the next term. Leave is also given to the defendant to file other pleas at the next term. Simeon Hunt & other Plfts. vs. James Samples & others Defts. The order heretofore made in this cause is set aside, and by agreement of the parties. The cause dismissed each party paying their own cost. Ordered that the following claims be allowed and ordered to be certified to the Auditor of Public Accounts for payment. Ordered that Peter B. Henritze jailor of this County be allowed $1.30 for an account, & also $15.00 for his public services since the last term. Ordered that Wm. B. Aston Attorney for the Commonwealth be allowed the sum of $50 for his public services since the last term. Ordered that Thomas C. M. Alderson Clerk of this Court be allowed $17.50 for his public services being seven months since the last term. Ordered that Isaac Vermillion Sherriff of this County be allowed $10 for his public services since the last term. John M. Preston Plft. vs. John Campbell & others Defts. Rights For reasons appearing to the Court it is ordered that this cause be continued until the next term. Ordered that the court be now adjourned until the first day of next term. And. T. Fulton
82 Thursday April 21st, 1853 Thomas J. Riley Plaintiff This day came again 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. $102.50 the debt in the declaration mentioned with legal interest thereon from the 2nd day of March 1852 till paid, and his cost about his suit in the behalf expended. Jacob Morton for Wm. Clark Plaintiff This day came again 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. $77.87 the debt in the declaration mentioned with legal interest thereon from the 3rd day of July 1852 till paid, and his cost about his suit in the behalf expended. Mary Fraily Plaintiff This day came again the plaintiff by her 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. $75.00 the debt in the declaration mentioned with legal interest thereon from the 27th day of April 1852 till paid, and her cost about her suit in the behalf expended. John B. Fickle for Thos. C. M. Alderson & Ed. Kernan merchants and partners in trade under the firm & style of Alderson & Kernan Plaintiff This day came again 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. $83.00 the debt in the declaration mentioned with legal interest thereon from the 10th day of September 1851 till paid, and his cost about his suit in the behalf expended. Beverly R. Johnston Plaintiff This day came again 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. $25.00 the debt in the declaration mentioned with legal interest thereon from the 9th day of May 1851 till paid, and his cost about his suit in the behalf expended.
Thursday April 21st, 1853 83 James S. Browning Plaintiff This day came again 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. $315.58 the debt in the declaration mentioned with legal interest thereon from the 15th day of April 1850 till paid, and his cost about his suit in the behalf expended subject however to the following credits Feby 5th 1851 $93.40 March 2d 1852 $65.00 Sept. 7th 1852 $50.00 & also paid to counsel Apl. 22nd 1853 100.00. James S. Browning Plaintiff This day came again 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 Defendants $92.92 the debt in the declaration mentioned with legal interest thereon from the 1st day of November 1852 till paid, and his cost about his suit in the behalf expended. Richard Plummer & Charles E. Kemp merchants and partners in trade under the firm & style of R. Plummer & Co. Plfts. This day came again 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 plaintiff recover against the Defendants $230.88 the debt in the declaration mentioned with legal interest thereon from the 5th day of November 1852 till paid, and their cost about their suit in the behalf expended. John Stanley Plaintiff This day came again 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. $100.00 the debt in the declaration mentioned with legal interest thereon from the 13th day of December 1851 till paid, and his cost about his suit in the behalf expended. John Stanley Plaintiff This day came again 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. $100.00 the debt in the declaration mentioned with legal interest thereon from the 13th day of June 18521 till paid, and his cost about his suit in the behalf expended. Teste, Thos. C. M. Alderson C. C. |
