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Circuit Court Law Order Book, 1854, April Term
Monday, April 17th 1854 101
At a Circuit Court held for Russell County at the Courthouse on Monday the 17th day of April 1854.
Present, George W. Hopkins Esquire, judge of the 17th Circuit.
Sebastian H. Bickley, foreman; James McCoy senr, James Colley, Robert Johnson senr., William Frick, Joseph A. Necessary, John Browning, Mark Price, Elijah Breeding, Henry M. Honaker, Solomon Musick, William Campbell, Nelson Gray, Patrick Tignor, Wilson Elliott, John Vencill, James M. Lee, and William Johnson, were sworn a Grand Jury of Inquest for the body of this County, and, having received their charge withdrew, and after some time returned into Court, and among other things made the following presentment:
We present Henry Edwards for an assault committed on Lewis Jordan on the _____ day of December 1853, by information of Peter B. Henritze &c.
The said Grand Jury not having completed their inquiries were adjourned till tomorrow morning at 9 Oclock, except William Johnson, who on account of indisposition was excused from further service at this term.
The Commonwealth vs. Henry Edwards Defendt. On a presentment for an assault.
The Defendant, by consent of the Attorney for the Commonwealth and assent of the Court confesses judgment for a fine of $1 and the Costs. Therefore, it is considered by the Court that the Commonwealth recover against the Defendant the said fine of $1, and the Costs of this prosecution, and may be taken &c.
James P. Kelly who has been licensed to practice the law in the Courts of this Commonwealth on his motion has leave to practice in the Court; and thereupon he took the oath of fidelity to the Commonwealth, an oath to support the Constitution of the United States, and the oath of an Attorney at law.
The Commonwealth
vs. } Indictment for an assault
Elbert Redwine Defendant
This day came as well the Attorney for the Commonwealth as the Defendant by his Attorney, and also, a jury, to wit: Thomas S. Johnson, Samuel H. Belcher, Felix G. Catron, Oliver H. Frick, Samuel Burnett, David Jessee, John Cook, Joseph Jessee jr., Valentine C. Miller, William Fletcher, Francis B. Jessee and Lorenzo D. Vaughan, who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say that the Deft
102 Monday, April 17th 1854
is guilty in manner and form as in the Indictment against him is alledged, and they do assess his fine to five dollars. Therefore it is considered by the Court that the Commonwealth recover against the Defendant the said fine of $5.00 and the costs of this prosecution, and the said Defendant may be taken &c.
The Commonwealth
vs. } Indictment for a Trespass.
David P. Isley Defendant
This day came as well the Attorney for the Commonwealth as the Defendant by his Attorney, and also a jury, to wit: Thomas S. Johnson, Samuel H. Belcher, Felix G. Catron, Oliver H. Frick, Samuel Burnett, David Jessee, John Cook, Joseph Jessee jr., Valentine C. Miller, William Fletcher, Francis B. Jessee and Lorenzo D. Vaughan, who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say that the Defendant is guilty in manner and form as in the Indictment against him is alledged, and they do assess his fine to two dollars and fifty cents. Therefore it is considered by the Court that the Commonwealth recover against the Defendant the said fine of $2.50 and the costs of this prosecution, and the said Defendant may be taken &c.
The Commonwealth
vs. } Indt. for assault on James Campbell
Wm. Gilmer jr. Defendant
The defendant by McEl. & Bekem his Attorney pleaded not guilty and put himself upon the country, and the Attorney for the Commonwealth likewise, whereupon came a jury, to wit: Thomas S. Johnson, Samuel H. Belcher, Felix G. Catron, Oliver H. Frick, Samuel Burnett, David Jessee, John Cook, Joseph Jessee jr., Valentine C. Miller, William Fletcher, Francis B. Jessee and Lorenzo D. Vaughan, 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 pleaded he hath alledged. Therefore it is considered by the Court, that the Attorney for the Commonwealth take nothing by his bill, and that the Defendant go thereof without delay.
The Commonwealth
vs. } Indict. for disturbing Religious Worship
James Gose Defendant
This day came as well the Attorney for the Commonwealth as the Defendant by Charles S. Bekem his Attorney who pleaded not guilty and put himself upon the Country
Monday, April 17th 1854 103
and the Attorney for the Commonwealth likewise, whereupon came a jury to wit: Lewis Arrington, Gabriel Jessee, James H. Dickenson, Calvin T. Fields, Isaac Munsey, Martin J. Clifton, John Philips, Robert M. Whited, Thomas Davis, Archer S. Jessee, William Monk and Richard T. Fields, 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 pleading he hath alledged. Therefore it is considered by the Court that the Attorney for the Commonwealth take nothing by his bill, and that the Defendant go thereof without delay.
The Commonwealth
vs. } Indt. for retailing ardent spirits without a license
Jesse Keith Defendant
This day came as well the Attorney for the Commonwealth as the Defendant by his Attorney, and also a jury, to wit: Thomas S. Johnson, Saml. H. Belcher, Felix G. Catron, Oliver H. Frick, Samuel Burnett, David Jessee, John Cook, Joseph Jessee jr., Valentine C. Miller, William Fletcher, Francis B. Jessee and Lorenzo D. Vaughan, who being elected, tried and sworn the truth to speak upon the issue joined upon their oath do say that the Deft is guilty as in the Indictment against him is alledged. Therefore it is considered by the Court that the Commonwealth recover against the Defendant Thirty Dollars the fine imposed by law for the offence in the indictment mentioned, and the costs of this prosecution, and the said Defendant may be taken &c.
The Commonwealth
vs. } Indictment for an assault
Josiah Tignor Defendant
This day came as well the Attorney for the Commonwealth as the Defendant by J. F. McElhenney his Attorney who pleaded not guilty and put himself upon the Country and the Attorney for the Commonwealth likewise, whereupon came a jury to wit: Lewis Arrington, Gabriel Jessee, James H. Dickenson, Calvin T. Fields, Isaac Munsey, Martin J. Clifton, John Philips, Robert M. Whited, Thomas Davis, Archer S. Jessee, William Monk and Richard T. Fields, 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 pleading he hath alledged. Therefore it is considered by the Court that the Attorney for the Commonwealth take nothing by his bill, and that the Defendant go thereof without delay.
104 Monday, April 17th 1854
The Commonwealth
vs. } Indictment for an assault on Martin J. Clifton
William Gilmer Defendant
The Defendant by consent of the Attorney for the Commonwealth and assent of the Court confesses judgment for a fine of $1 and the Costs. Therefore it is considered by the Court that the Commonwealth recover against the Defendant the said fine of $1 and the costs of this prosecution, and the said Defendant may be taken &c.
The Commonwealth
vs. } Indictment for Lewdness.
Charles Short & Sally Mullins Defendants
The Alias Capias awarded against the Defendants at the last Term being returned that they were not found, a plurias capias is awarded against them returnable here at the next Term, till when this case is continued.
The Commonwealth
vs. } Indictment for an assault
Stephen Holt Defendant
Same
vs. } Indictment for an assault
Claiborne Hicks Deft
The Capias awarded against these Defendants not being executed, new Capiases are awarded against them returnable here at the next Term, and these cases are till then continued.
The Commonwealth
vs. } Indictment for an assault
Lorenzo D. Vencill Defendant
The Defendant by consent of the Attorney for the Commonwealth and assent of the Court confesses judgment for a fine of $1 and the Costs. Therefore it is considered by the Court that the Commonwealth recover against the Defendant the said fine of $1 and the costs of this prosecution, and the said Defendant may be taken &c.
Commonwealth
vs. } Indictment for an assault
Lewis Lowe Defendant
The process awarded against the Defendant at the lat term not being executed, new process is awarded returnable here at the next Term, till which time this case is continued.
The Commonwealth
vs. } Indictment for an assault
John M. Combs Defendant
Monday, April 17th 1854 105
Robert Fields the prosecutor in this case, having been required at the last term to give security for costs on pain of dismission of the case, and such security not being yet give, on motion of the Defendant by his counsel it is ordered that this case be dismissed and that he recover against said prosecutor his costs by him about his defence in this behalf expended.
Commonwealth
vs. } Indictment for an assault
William Richardson Defendant
Same
vs. } Indictment for an assault
James Short Defendant
The Same
vs. } Indictment for retailing ardent spirits without license
Daniel Hagy Defendant
The Summonses awarded against the Defendants in these cases at the last Term not being executed, a Capias is awarded against the defendant in each of these cases, returnable here at the next term, till which time the cases are continued.
The Commonwealth
vs. } Indictment for an assault
Thomas J. Riley Defendant
Same
vs. } Indictment for an assault
Lorenzo D. Carroll Defendant
These two cases are continued for the Commonwealth till the next Term.
The Commonwealth
vs. } Indictment for Grand Larceny
Granville Short Defendant
Ordered that this case be continued till the next term.
The Commonwealth
vs. } Indictment for indecency
James Hay Defendant
The Summons awarded against the Defendant at the last Term not being executed, a new Summons is awarded against the defendant returnable here at the next term, and this case is till then continued.
The Commonwealth
vs. } Indictment for an assault
Cullin Combs Defendant
The Summons awarded against the Defendant at the last Term being returned executed & he not appearing to plead, a capias is awarded against him returnable here at the
106 Monday, April 17th 1854
next term, till which time this case is continued.
Commonwealth
vs. } Indictment for carrying concealed weapons
George Darr Defendant
Same
vs. } Indictment for same
Burwell Arrington Defendant
Same
vs. } Indictment for same
William Monk Defendant
Same
vs. } Indictment for same
Josiah Tignor Defendant
Same
vs. } Indictment for same
Martin J. Clifton Defendant
Same
vs. } Indictment for same
Israel McLaughlin Defendant
Same
vs. } Indictment for same
John Garrett Defendant
The Defendants in these cases by McElhenny and Bekem their counsel pleaded not guilty and put themselves upon the Country and the Attorney for the Commonwealth likewise, and the trial of the issue in each case is continued till the next Term.
The Commonwealth
vs. } Indictment for an assault
Burgess Hurt Defendant
The defendant by William J. Dickenson his Attorney pleaded not guilty and put himself upon the Country and the Attorney for the Commonwealth likewise, and the trial of the issue is continued till the next Term.
The Commonwealth
vs. } Indictment for an assault
John Taylor Defendant
The defendant by William J. Dickenson his Attorney pleaded not guilty and put himself upon the Country and the Attorney for the Commonwealth likewise, and the trial of the issue is continued till the next Term.
Ordered that the Court be adjourned till tomorrow morning at 9 Oclock.
G. W. Hopkins
Tuesday, April 18th 1854 107
At a Circuit Court continued and held for Russell County, at the Courthouse on Tuesday the 18th day of April 1854.
Present George W. Hopkins Esquire Judge of the 17th Circuit.
Isaac Moore plaintiff
against } In Ejectment
John Vanover defendant
This day came the plaintiff by his Attorney and filed his declaration with proof of the service thereof, and thereupon it is ordered that the defendant appear and plead to this action, at or before the next August Rules of this Court; and if he shall so fail to plead, after being served with a copy of this order, his default shall be entered and judgment given against him accordingly.
Joseph Short of this county comes into Court and undertakes for the plaintiff, that he shall satisfy and pay all such costs and damages as may be awarded to the defendant in case the said plaintiff shall be cast in this suit; and also, that he the said plaintiff shall satisfy and pay all the fees which will become due from him to the officers of this Court, or that he the said, Joseph Short, will do it for him.
The Commonwealth
vs. } Indictment for an assault
Jesse Browning
This day came as well the Attorney for the Commonwealth as the defendant by his Attorney who pleaded not guilty and put himself upon the Country and the Attorney for the Commonwealth likewise, whereupon came a jury to wit: Thomas S. Johnson, Samuel H. Belcher, Felix G. Catron, Oliver H. Frick, Samuel Burnett, David Jessee, John Cook, Joseph Jessee jr., John Philips, Thomas Davis, Francis B. Jessee and Lorenzo D. Vaughn who were elected tried and sworn the truth to speak upon the issue joined, and Joseph Jessee jr and Francis B. Jesse being relatives of the defendant were withdrawn, and by consent of deft and Attorney for the Commonwealth the case was submitted to the other ten jurors, who upon their oaths do say that the defendant is not guilty as in pleading he hath alledged. There it is considered by the Court that the Attorney for the Commonwealth take nothing by his bill, and that the Defendant go thereof without delay.
The Commonwealth
vs. } Indictment for an assault
John Philips Defendant
108 Tuesday, April 18th 1854
This day came as well the Attorney for the Commonwealth as the Defendant by J. F. McElhenny his Attorney, who pleaded not guilty and put himself upon the Country and the Attorney for the Commonwealth likewise, whereupon came a jury to wit: Thomas S. Johnson, Calvin T. Fields, Samuel H. Belcher, Felix G. Catron, Oliver H. Frick, Samuel Burnett, David Jessee, John Cook, Joseph Jessee jr., Thomas Davis, Francis B. Jessee and Lorenzo D. Vaughan, 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 pleaded he hath alledged. Therefore it is considered by the Court that the Attorney for the Commonwealth take nothing by his bill, and that the Defendant go thereof without delay.
The Commonwealth
vs. } Indictment for an assault
Harvey Dye Defendant
This day came as well the Attorney for the Commonwealth as the defendant by his Attorney, and also a jury, to wit: Joseph Jessee, Martin J. Clifton, James H. Dickenson, Archer S. Jessee, Robert M. Whited, Calvin T. Fields, Valentine Bush, William Fletcher, William Monk, Lewis Arrington, Gabriel Jessee and Isaac Munsey, who being elected, tried and sworn the truth to speak upon the issue joined upon their oath do say that the deft is guilty as in the indictment against him is alledged, and they do assess his fine to One dollar. Therefore it is considered by the Court, that the Commonwealth recover against the Defendant the said fine of $1 and the costs of this prosecution, and the said Defendant may be taken &c.
The Commonwealth
vs. } Indictment for an assault
Cullin Combs Defendant
The Defendant, by consent of the Attorney for the Commonwealth and assent of the Court, confesses judgment for a fine of $1 and the Costs. Therefore it is considered by the Court, that the Commonwealth recover against the Defendant the said fine of $1 and the costs of this prosecution, and the said Defendant may be taken &c.
The Commonwealth
vs. } Indictment for an assault
Ann Whited Defendant
This case is continued till the next term, for the Commonwealth and the witness summoned in behalf of the prosecution who has been regularly summoned by does
Tuesday, April 18th 1854 109
not attend is required to appear at the next term and show cause, if any she can, why she should not be fined for her non-attendance.
The Commonwealth
vs. } Indt. for an assault
John W. Duncan Defendant
This case is continued for the Commonwealth till the next Term; and Thomas Gibson the witness in behalf of the prosecution who has been regularly summoned, not attending, it is ordered that he be summoned to appear here at the next Term and show cause if any he can why she should not be fined for his non-attendance.
The Commonwealth
vs. } Indictment for an assault
Reece Steele Defendant
Same
vs. } Indictment for an assault
Michael Lark Defendant
Ordered that these cases be continued for the Commonwealth till the next Term.
The Commonwealth
vs. } Upon two indictments for assaults
John Dyer Defendant
The Defendant by William J. Dickenson his Attorney pleaded not guilty and put himself upon the Country and the Attorney for the Commonwealth likewise; and the trial of the issue in both cases is continued till the next term.
The Commonwealth
vs. } Indt. for retailing ardent spirits without a license
Albert G. Clay Defendant
Ordered that this case be continued till the next term.
The Commonwealth
vs. } Indt. for retailing ardent spirits without a license
Jesse Keith Defendant
The Summons awarded against the Defendant at the last term not being executed, a new summons is awarded, returnable here at the next term, and this case is till then continued.
The Commonwealth
vs. } Indictment for lewdness
Fountain Dye & Polly Darnold Defendants
The Summons awarded against the Defendants at the last term not being executed, a new summons is awarded
110 Tuesday, April 18th 1854
returnable here at the next term, and this case is till then continued.
The Commonwealth
vs. } Indictment for lewdness
Eli Hall & Mary Scarberry Defendants
The Summons awarded against the Defendants at the last term being returned executed and they not appearing though solemnly called, on motion of the Attorney for the Commonwealth a capias is awarded against them returnable here at the next term, and this case is till then continued.
The Commonwealth
vs. } Indictment for lewdness
William Dunford and Rosamond Dickenson Dfts
The Defendants by Joseph Stras their Attorney pleaded not guilty and put themselves upon the country, and the Attorney for the Commonwealth likewise; and the trial of the issue in both cases is continued till the next term.
James P. Carrell Clerk of this Court having appointed Edward J. Culbertson as his deputy, the said Edward J. Culbertson took the oath of fidelity to the Commonwealth, an oath to support the Constitution of the United States, the oath against duelling, and the oath of office.
The Grand Jury appeared in Court according to their adjournment on yesterday, were sent out of Court further to consider of their presentments, and after some time returned into Court and presented -
An Indictment against Lewis Jordan, for an assault, a true bill;
An Indictment against Wesley Barker, for an assault, a true bill;
An Indictment against Caleb Browning, for an assault, a true bill;
An Indictment against Abednego Harris, for an assault, a true bill;
An Indictment against John Hall, for intentionally setting woods on fire, a true bill;
An Indictment against Joshua Smith, for an assault, a true bill;
An Indictment against David Mullens, for assaults, a true bills;
An Indictment against Arthur Wyatt, for an assault, a true bill;
An Indictment against John Hall, for an assault, a true bill;
Tuesday, April 18th 1854 111
An Indictment against William Mullens, for an assault, a true bill;
An Indictment against David McCloud, for an assault, a true bill;
An Indictment against Lewis Edwards, for an assault, a true bill;
An Indictment against Andrew J. Edwards, for an assault, a true bill;
An Indictment against Alfred Thompson, for an assault, a true bill;
An Indictment against George Smith, for assaults, a true bills;
An Indictment against William Garrett, for an assault, a true bill;
An Indictment against Creed Thompson, for an assault, a true bill;
An Indictment against Neely McGlothlin and Priscilla Compton for lewdness, a true bill;
And then the said Grand Jury having nothing further to present were discharged.
The Commonwealth
vs. } Indictment for an assault
William Garrett Defendant
The Defendant by consent of the Attorney for the Commonwealth and assent of the Court; confesses judgment for a fine of $1 and the Costs. Therefore it is considered by the Court, that the Commonwealth recover against the Defendant the said fine of $1 and the costs of this prosecution, and may be taken &c.
The Commonwealth
vs. } Indictment for an assault
Lewis Edwards Defendant
The Defendant by consent of the Attorney for the Commonwealth and assent of the Court; confesses judgment for a fine of $1 and the Costs. Therefore it is considered by the Court, that the Commonwealth recover against the Defendant the said fine of $1 and the costs of this prosecution, and may be taken &c.
The Commonwealth
vs. } Indictment for an assault
Andrew J. Edwards Defendant
The Defendant by consent of the Attorney for the Commonwealth and assent of the Court; confesses judgment for a fine of $1 and the Costs. Therefore it is considered by the Court, that the Commth recover against the Defendant the said fine of $1 and the costs of this prosecution, and may be taken &c.
112 Tuesday, April 18th 1854
The Commonwealth
vs. } Indictment for an assault
Abednego Harris Defendant
The Defendant by consent of the Attorney for the Commonwealth and assent of the Court; confesses judgment for a fine of $1 and the Costs. Therefore it is considered by the Court, that the Commonwealth recover against the Defendant the said fine of $1 and the costs of this prosecution, and may be taken &c.
The Commonwealth
vs. } Indictment for an assault
Lewis Jordan Defendant
The Defendant by consent of the Attorney for the Commonwealth and assent of the Court; confesses judgment for a fine of $1 and the Costs. Therefore it is considered by the Court, that the Commonwealth recover against the Defendant the said fine of $1 and the costs of this prosecution, and may be taken &c.
Daniel J. Ayres Plaintiff
against } In trespass assault and Battery
Vincent Browning
The Defendant by his Attorney pleaded not guilty and son assault demesne to which the plaintiff by his Attorney replied generally and put himself upon the country, and the defendant likewise, and thereupon it is ordered that the writ of Enquiry awarded at the Rules be set aside. Whereupon came a jury, to wit; John Philips, Samuel H. Belcher, Felix G. Catron, Oliver H. Frick, Samuel Burnett, David Jessee, John Cook, Joseph Jessee jr., Thomas Davis, Francis B. Jessee, Lorenzo D. Vaughan, and William Fletcher, who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say that they find for the plaintiff and assess his damages to $2.66. Therefore it is considered by the Court, that the plaintiff recover against the defendant his damages aforesaid in form, aforesaid assessed.
Meshach White Plaintiff
vs. } In Cov't
Robert A. Horton defendant
This day came the parties by their Attornies, and the Arbitrators to whom the matters in difference between the parties in this case had been submitted, having made and returned their award on the 10th of November 1853 to which there is no exception, it is considered by the Court in pursuance of said award, that the plaintiff recover against the defendant $50.00 with lawful interest
Tuesday, April 18th 1854 113
thereon from the 13th day of March 1843 till paid, and his costs by him in this behalf expended.
Virginia A. Crawford administratrix of James M. Crawford deceased plaintiff
against } In Debt
James Jessee Defendant
This day came the parties by their Attornies, and the Defendant's attorney withdrawing the plea by him heretofore pleaded, saith he is not further informed of any other defence to be made by the said defendant. Therefore it is considered by the Court, that the plaintiff recover against the defendant $100 the debt in the declaration mentioned, with lawful interest thereon from the 1st day of November 1848 till paid and the costs of this suit.
Lucy Monk administratrix of William Monk plt
vs. } On a forth coming bond
Esais Bowman and John C. Weddle Defendants
This day came the plaintiff by her Attorney and it appearing in proof that the defendants have been legally notified, they were solemnly called, and not appearing to make any defence it is considered by the Court that the plaintiff recover against the defendants $85.48 the penalty of said bond, and her costs in this behalf expended: but to be discharged by the payment of $42.74 with lawful interest thereon from the 6th day of December 1853 till paid and the costs, and execution is awarded accordingly.
Ordered that summons be issued upon the several Indictments this day found by the Grand Jury, except upon those upon which judgments have been rendered, returnable here at the next term.
Ordered that Court be adjourned till tomorrow morning at 10 O'Clock.
G. W. Hopkins
At a Circuit Court continued and held for Russell County at the Courthouse on Wednesday the 19th day of April 1854
Present. George W. Hopkins Esquire, Judge of the 17th Circuit.
William King and others Plaintiffs
vs. } In Ejectment
Elijah Helton Defendant
On motion of the plaintiff it is ordered that the Surveyor of this County do go upon the lands claimed by the plts on some day previous to the next term, having give the parties notice of the same, and survey and lay out the same
114 Wednesday, April 19th 1854
as either party may require, and return three fair plats and reports thereof to the next term, till which time this case is continued.
Samuel Salyer plaintiff
against } In trespass assault & Battery
Joel Vicars and others defendants
On motion of the plaintiff it is ordered that this suit be dismissed and thereupon it is considered that the defend'ts recover against the plaintiff $5.00 as damages according to law and their costs by them about their defence in this behalf expended.
James Adams plaintiff
against } In Case
James Osborn Defendant
By Consent of the parties, this case is dismissed at the Costs of the Defendant including a fee to plaintiffs Counsel of $10.
Samuel Jessee & wife plaintiffs
against } In Case
Nancy Fraley defendant
The parties having agreed this case, it is ordered that the same be dismissed.
Samuel Smyth surviving admr. &c for &c plaintiff
vs. } In debt
Gibson's administrator defendant
The defendant by Jos. Stras his Attorney pleaded a general demurrer in which the plaintiff by his attorney joined, whereupon it is ordered that the judgment obtained at Rules in the Clerk's Office be set aside, and the trial of the issue is continued till the next term.
Daniel J. Ayres Plaintiff
against } In trespass assault & battery
Vincent Browning Defendant
The Court doth certify that in this case, which was tried on yesterday, it appeared in proof, that the trespass charged in the plaintiff's declaration was wilful and malicious, whereupon it is considered that the plaintiff recover against the deft his costs by him in this behalf expended.
Abner Crump for George W. Hopkins vs. And F. Hendricks Case
George W. Hopkins vs. Same In Case
The Arbitrators to whom the matters in difference between the parties were submitted not having made their award, the cases are continued till the next term.
Smith's Heirs vs. Eli Jackson Writ of Right
Joseph Hackney vs. Charles D. Boyd In Trover
Leonard Shoemaker vs. Russell Musick In Case
Wednesday, April 19th 1854 115
Dickenson's admr. vs. Hendricks' Exr In case.
Ordered that these cases be continued til the next Term.
Henry G. Meade Plaintiff
vs. } On a write of supersedeas
Eliza Mason Defendant
It being suggested to the Court, that the Record in the case is incomplete, the case is continued till the next term to have the defect supplied.
The Commonwealth
vs. } On a Writ of Capias pro fine
William Jordan Defendant
On application of the defendant who is confined in the jail of this County upon said Writ, and the officers of the Court consenting to release him from confinement upon said Capias.
Martha Jane Browning Plaintiff
against } Case, for breach of Marriage Contract
Christian Wampler jr. Defendant
This day came the parties by their Attorneys; whereupon the defendant pleaded a general demurrer to the plaintiff's declaration in which the plaintiff joined; he also pleaded not guilty and put himself upon the country and the plaintiff likewise. And the matter of law arising upon said demurrer being argued, the demurrer is overruled; and thereupon came a jury, to wit: Thomas J. Johnson, Samuel H. Belcher, Felix G. Catron, Oliver H. Frick, Samuel Burnett, David Jessee, John Cook, Lewis Arrington, John Philips, William Fletcher, Thomas Davis and Lorenzo D. Vaughan; who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say that the find for the plaintiff and assess her damages to $366.66. Therefore it is considered by the Court that the plaintiff recover against the defendant her damages aforesaid in form aforesaid assessed and her Costs by her about her suit in this behalf expended.
James P. Carrell Clerk of this Court is allowed the sum of fifteen dollars for his public services since the last term.
Wm. B. Aston attorney for the Commonwealth is allowed the sum of $50.00 for his services since the last term.
Isaac Vermillion Sheriff of this county is allowed the sum of $10 for his public services since the last term.
And William White keeper of the jail of this county is allowed the sum of $15.00 for his public services since the last term: - which said allowances are ordered to be certified to the Auditor of Public Accounts.
116 Wednesday, April 19th 1854
Ordered that the Grand Jurors attending at this term be allowed each the sum of one dollar for their services, which is ordered the be certified to the County Court of this County.
The jurors summoned and attending at this term for the trail of causes, are allowed the following sums for their services, which are ordered to be certified:
Ordered that the Court be adjourned till the first day of the next term.
G. W. Hopkins
Wednesday, April 19th 1854 117
Final Office Judgments
Wednesday, April 19th, 1854
Abram Hupp, William Coffman and James P. Mays, partners acting and trading under the firm and style of Hupp & Co. Plaintiff
against } In Debt.
Ancil Ascue and John W. Litton Defendants
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 Clerk's Office against them be made final, and that the plaintiffs recover against the Defendants eighty five dollars, thirty seven and half cents, with lawful interest thereon from the 19th day of June 1853 till paid, and their costs by them about their suit in this behalf expended.
V. Caldwell for the benefit of Charles Carrell plt
vs. } In Debt
Michael Ascue and John W. Litton Defendants
This day came the plaintiff by his Attorney, and the Defendants not yet appearing, it is considered by the Court that the Plaintiff for the benefit of the said Charles Carrell recover against the Defendants $253.75 the debt in the declaration mentioned, with lawful interest thereon from the 1st day of December 1853 till paid, and his costs by him about his suit in this behalf expended.
James P. Carrell for the benefit of Charles Carrell plt
vs. } In Debt
Michael Askew and John W. Price, Defendants
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 Clerk's Office against them be made final, and that the plaintiff for the benefit of the said Charles Carrell recover against the Defendants $56.00 the debt in the declaration mentioned, with lawful interest thereon from the 5th day of August 1846 till paid, and his costs by him about his suit in this behalf expended.
John G. Baylor assignee of Richard Ferrell, who sues for the benefit of Joseph C. Brown Plaintiff
vs. } In debt.
William Ferrell and John G. Duff Defendants
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 Clerk's Office be made final, and that the plaintiff for the benefit of the said Joseph C. Brown recover against the Defendants $300.00
118 Wednesday, April 19th 1854
the debt in the declaration mentioned, with lawful interest thereon from the 9th day of November 1850 till paid, and his costs by him about his suit in this behalf expended subject to a credit of $186.66, October 1st 1851.
Isaac Vermillion, for the benefit of James P. Carrell Plaintiff
vs. } In debt
Ancil Ascue, Michael Ascue and John W. Litton Defendants
This day came the plaintiff by his Attorney, and the Defendants not yet appearing, it is considered by the Court that the plaintiff for the benefit of the said James P. Carrell recover against the Defendants $130.00 the debt in the declaration mentioned, with lawful interest thereon from the 7th day of November 1853 till paid, and his costs by him about his suit in this behalf expended.
James Short, for the benefit of Henry D. Aston Plt
vs. } In debt
Thomas J. Riley Defendant
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 Clerk's Office be made final, and that the plaintiff for the benefit of the said Henry D. Aston recover against the Defendants $50.00 the debt in the declaration mentioned, with lawful interest thereon from the 1st day of March 1853 till paid, and his costs by him about his suit in this behalf expended.
Daniel Vanover Plaintiff
vs. } In debt
George Howell Defendant
This day came the plaintiff by his Attorney, and the deft not yet appearing, it is considered by the Court that the judgment obtained in the Clerk's Office be made final, and that the plaintiff recover against the Defendants $100.00 the debt in the declaration mentioned, with lawful interest thereon from the 1st day of September 1852 till paid, and his costs by him about his suit in this behalf expended.
John M. Preston trustee, for the Creditors of William A. Preston, Plaintiff
Against } In debt.
Harvey Gray Defendant
This day came the plaintiff by his Attorney, and the Deft not yet appearing, it is considered by the Court that the judgment obtained in the Clerk's Office be made final, and that the plaintiff recover against the Defendants $100.00 the debt in the declaration mentioned, with lawful interest thereon from
Wednesday, April 19th 1854 119
the 1st day of November 1853 till paid, and his costs by him about his suit in this behalf expended.
John M. Preston trustee, for the Creditors of William A. Preston, Plaintiff
Against } In debt.
Harvey Gray Defendant
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 Clerk's Office be made final, and that the plaintiff recover against the Defendants $250.00 the debt in the declaration mentioned, with lawful interest thereon from the 1st day of November 1852 till paid, and his costs by him about his suit in this behalf expended, subject to a credit of $4.84 Nov. 5th 1845, and $2.75 Sept. 26th 1850.
Mastin Dillion Plaintiff
vs. } Trespass Assault & Battery.
Thomas J. Riley Defendant
This suit having been dismissed at the Rules for want of prosecution by the plt, and not appearing to set aside the same, it is considered by the Court that said Rule be made final, and that this suit be dismissed at the Plaintiffs costs without damages, the defendant not desiring to recover the damages allowed by law.
Teste,
James P. Carrell, C. C.
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