Monday April 16th 1855                139

 

At a circuit court held for Russell County at the courthouse thereof on Monday the 16th day of April 1855.

 

Present, George W. Hopkins esqr. Judge

 

Isaiah Drake Foreman, William Frick, Andrew Williams, Oliver V. Dorton, Ezekiel Counts, Valentine Bush, Zachariah Fugate, John Isaacks, James H. Dickenson, Andrew Fraley, Edward Stinson, John W. Webb, Abner Wilson, John Browning, James Gent, John A. Holland, Abraham Thomas, John Boothe, Ezekiel B. Garrett, John Fullen, John W. Litton & James S. Browning were sworn a Grand Jury of inquest for the body of the county received their charges, withdrew from the bar to consult upon their presentments and after some time returned into court and presented - An Indictment against John McKinney and James McKinney for Murder. "A True Bill" and not having time to go through with their presentments they are adjourned until to morrow morning morning at ten oclock.

 

The Commonwealth     plt.

vs.     } Upon an Indictment for an assault.

Lewis Low            deft.

 

This day came as well the attorney prosecuting for the commonwealth in this court as the deft. by his attorney and thereupon came also a jury to wit: John Gibson, James A. Leece, Abraham Nordyke, Samuel Humphries, Thomas Davis, Elijah Breeding, Fielding Combs, Harvey Gray Jr., Thomas Williams, John D. Burnett, Beverley J. Fuller and Evan J. Kindrick who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say that the deft. is not guilty in manner and form as in the indictment against him is alleged, as by pleading he hath alleged: Therefore it is considered by the court that the deft be acquitted of said indictment and go hence thereof &c.

 

The Commonwealth     plt.

vs.     } Upon an Indictment for carrying concealed weapons.

George Darr          deft.

 

This day came as well the attorney prosecuting for the commonwealth in this court as the deft. by his attorney and thereupon came also a jury to wit: Isaiah Cumbo, George H. Gray, Stanford L. Jessee, Harvey Munsey, John Collins, Wesley Gilmer, Abram Buckles, John Stinson, Martin J. Clifton, William H. Mutter, Henry Campbell and Elias Owens who being selected by lot according to law, tried & sworn the truth to speak upon the issue joined upon

 

 

 

 

140                  Monday April 16th 1855

 

their oath do say that the deft. is not guilty in manner and form as in the indictment against him is alleged, as by pleading he hath alleged: Therefore it is considered by the court that the deft be acquitted of said indictment and go hence thereof &c.

 

The Commonwealth     plt.

vs.     } Upon an Indictment for carrying concealed weapons.

Burrell Arrington          deft.

 

This day came as well the attorney prosecuting for the commonwealth in this court as the deft. by his attorney and thereupon came also a jury to wit: John Gibson, James A. Leece, Abraham Nordyke, Samuel Humphries, Thomas Davis, Elijah Breeding, Fielding Combs, Harvey Gray Jr., Thomas Williams, John D. Burnett, Beverley J. Fuller and Evan J. Kindrick who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined were sent out of court to consult upon their verdict and after sometime returned into court and not having agreed upon a verdict they are adjourned until tomorrow morning at 9 oclock.

 

The Commonwealth     plt.

vs.     } Upon an Indictment for an assault

David Mullins        deft.

 

The Same

vs.     } Upon an Indictment for an assault

The Same          deft.

 

The defendant in his proper person comes into court, and with the assent of the attorney for the commonwealth and of the court confesses judgment for a fine of one dollar in each case. Therefore it is considered by the court that the deft make his fine in each case, by the payment of one dollar to the commonwealth and the costs and may be taken &c.

 

 

On the motion of Thomas J. Rylie who took the oath of an administrator prescribed by law and entered into and acknowledged his bond in the sum of Fifteen hundred dollars with Robert Boyd and John F. McElhenney as his securities conditioned as the law directs. A Certificate is therefore granted him for obtaining letters of administration on the estate of Susan Rylie decd. in due form.

 

 

Isaac W. M. Davis jailor of this County presented an account against the commonwealth for dieting John McKinney, charged with murder, conveying him to Abingdon & including the services of Vincent Browning as a guard amounting to the sum of $28.48 which was proved by the oath of said Davis

 

 

 

 

                 Monday April 16th 1855             141

 

and Browning examined by the court allowed and ordered to be certified to the auditor of public accounts.

 

 

The Commonwealth     vs. Israel McLaughlin    deft.   No. 1.   Indictment

Same                 vs. Same                 deft.   No. 2.   Indictment

Same                 vs. Same                 deft.   No. 3.   Indictment

Same                 vs. Wm. F. Dunford & R. Dickenson  deft.   Indictment

 

For reasons appearing to the court it is ordered that these causes be continued until the next term.

 

The Commonwealth     vs. Arthur Wyatt    deft.   Indictment

Same                 vs. Lewis Jourdon   deft.   Indictment

 

The attorney prosecuting for the commonwealth in this court, with leave of the court saith he will not further prosecute in these cases.

 

 

The Commonwealth     vs. John Hall    deft.   Indictment

Same                 vs. same   deft.   Indictment

Same                 vs. Geo. McClanahan   deft.   Indictment

Same                 vs. James Gose   deft.   Indictment

 

The defendants by their attorneys severally pleaded not guilty to the indictments and put themselves upon the country, and the attorney for the commonwealth did likewise, and the causes are continued until the next term.

 

 

The Commonwealth     vs. Rees Steel    deft.   Indictment

Same                 vs. David McCloud   deft.   Indictment

 

On the motion of the attorney prosecuting for the commonwealth in this court, and for reasons appearing to the court, it is ordered that theses causes be continued until the next term.

 

The Commonwealth     vs. Chs. Short & Sally Mullins     defts.   Indictment

Same                 vs. William Richardson   deft.   Indictment

Same                 vs. Daniel Hagy   deft.   Indictment

Same                 vs. James Hagy   deft.   Indictment

 

The capias' awarded in these cases not having been executed, it is ordered that a new capias be awarded against the defendants in each of these cases returnable here at the next term.

 

 

The Commonwealth     vs. James Short    deft.   Indictment

 

 

The capias awarded in this cases not having been executed, it is ordered that a new capias be awarded against the defendant, directed to the Sheriff of Tazewell County returnable here at the next term.

 

The Commonwealth     vs. Fountain Dye & Polly Darnold     defts.   Indictment

 

The summons awarded in this case at the last term against the deft Darnold, having been returned not executed, it is ordered that a new summons be awarded against her directed to the Sheriff of Scott County, returnable here at the

 

 

 

 

142              Tuesday April 17th 1855

 

next term, and the cause is continued as to the deft. Dye until the next term.

 

 

The Commonwealth vs. Eli Hall & Mary Scarberry defts. Indictment

The capias awarded in this case having been returned not executed, it is ordered that a new capias be awarded against the said defts, directed to the Sheriff of Scott County, returnable here at the next term.

 

 

Commonwealth     vs.    Jesse Keith     deft   Indictment

Same             vs.    Same            deft   Indictment

Same             vs.    Eli Hicks       deft   Indictment

Same             vs.    Jno. Brummet    deft   Indictment

Same             vs.    Wm Osborn       deft   Indictment

Same             vs.    Wm Keith        deft   Indictment

 

The summons awarded in these cases having been returned executed, and the defts failing to appear, it is ordered that a capias be awarded against each of the said defts returnable here at the next term.

 

 

Commonwealth     vs.    Wesley Barker     deft   Indictment

Same             vs.    Harlan Salyers    deft   Indictment

Same             vs.    Henderson Baker   deft   Indictment

Same             vs.    Wm Mullins        deft   Indictment

 

The summons awarded in these cases having been returned not executed, it is ordered that a new capias be awarded against each of the said defts returnable here at the next term.

 

Ordered that Court be adjourned until tomorrow morning at 9 oclock.

 

G. W. Hopkins

 

 

At a circuit court continued & held for Russell County at the courthouse thereof on the 17th day of April 1855.

 

Present the Same Judge as on yesterday.

 

The Grand Jury sworn in court yesterday appeared in court according to their adjournment were sent out of court further to consult upon their presentments and after some time returned into court, and hot having time to to through with their presentments they are adjourned until to morrow morning at 10 Oclock.

 

 

The Commonwealth

vs.     } On an Indictment for carrying concealed weapons

Burrell Arrington      deft

 

The jury sworn on this case on yesterday appeared in court according to adjournment, were sent out of court further to consult upon their verdict and after some time returned into Court and upon their oath do say "We of the jury find the deft guilty". Therefore it is considered by the Court that the deft make his fine by the payment of Fifty dollars to the Commonwealth & the costs, and may be taken &c.

 

 

 

 

                 Tuesday April 17th 1855                     143

 

The Commonwealth

vs.     } On a motion on a forth coming bond

Alfred Thompson & George W. Hendricks    defts

 

It appearing to the court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the attorney for the commonwealth judgment is granted and execution awarded against the said deft for the sum of $25.94. But to be discharged by the payment of Twelve dollars and ninety seven cents with interest thereon from the 20th day of December 1854 till paid and the costs.

 

 

The Same

vs.     } On a motion on a forth coming bond

Creed Thompson & George W. Hendricks    defts

 

It appearing to the court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the attorney for the commonwealth judgment is granted and execution awarded against the said deft for the sum of $26.12. But to be discharged by the payment of Thirteen dollars and six cents with interest thereon from the 12th day of February 1855 till paid and the costs.

 

 

The Same

vs.     } On a motion on a forth coming bond

Ann Whited, Robt. M. Whited & Patton G. Skeen    defts

 

It appearing to the court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the attorney for the commonwealth judgment is granted and execution awarded against the said deft for the sum of $44.36. But to be discharged by the payment of Twenty two dollars and twenty eight cents with interest thereon from the 16th day of December 1854 till paid and the costs.

 

 

 

The Same

vs.     } On a motion on a forth coming bond

James Honaker & Patton McLaughlin    defts

 

It appearing to the court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the attorney for the commonwealth judgment is granted and execution awarded against the said deft for the sum of $29.32. But to be discharged by the payment of Fourteen dollars and sixty six cents with interest thereon from the 3rd day of March 1854 till paid and the costs.

 

 

On the motion of Andrew Williams, it is ordered that he be released from further serving on the Grand Jury.

 

 

 

 

144                   Tuesday April 17th 1855

 

William Johnson            plt

vs.     } On a motion on a forth coming bond

Richard Ferrell & Patton G. Keen    defts

 

It appearing to the court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $658.72. But to be discharged by the payment of Three hundred and twenty nine dollars and thirty six cents with interest thereon from the 7th day of November 1854 till paid & the costs.

 

 

William Ferrell who sues for the benefit of William Johnson            plt

vs.     } On a motion on a forth coming bond

Ancil Ascue & John W. Litton    defts

 

It appearing to the court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $150.40. But to be discharged by the payment of seventy five dollars and twenty cents with interest thereon from the 5th day of December 1854 till paid and the costs.

 

 

William Ferrell who sues for the benefit of William Johnson            plt

vs.     } On a motion on a forth coming bond

The Same    defts

 

It appearing to the court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $161.68. But to be discharged by the payment of eighty four dollars and eighty four cents with interest thereon from the 5th day of December 1854 till paid and the costs.

 

 

John McKinney and James McKinney who stand indicted for murder, and who were bound in a recognizance to appear here, appeared in court in discharge of their said recognizance and having elected to be tried seperately, the said John McKinney was arraigned pleaded not guilty to the Indictment; Whereupon the following jurors of the 15 left from the panel of 24 jurors free from exceptions after the accused had stricken therefrom 8 names were selected by lot for the trial of this cause, to wit; Organ Dickenson, Jesse Fuller, Jesse Vermillion, Joshua Smith, Thomas Necessary, Benjamin F. Wolf, Joseph Necessary, Zachariah Pippen, John D.

 

 

 

 

                  Tuesday April 17th 1855                  145

 

Alderson, Absalom Baugh, Stephen Jesse and Henry G. Meade, who without being sworn were committed to the custody of Joseph C. Fugate and Jesse Browning deputy sheriffs of this county, who were charged by the court to keep the said jury together, without suffering them to have communication with any other persons, and without conversing with the said jurors themselves, except with regard to their accomodation: and on oath was administered to the said deputy sheriffs, to comply with the said charges until they shall be brought into Court to morrow morning at 8 oclock, and the said John McKinney and James McKinney were committed to jail.

 

The capias awarded at the last term having been returned not executed, it is ordered that a new capias be awarded against the said deft returnable here at the next term.

 

The Commonwealth vs. Claiborn Hicks deft. Indictment.

The capias awarded at the last term having been returned not executed, it is ordered that a new capias be awarded against the said deft returnable here at the next term.

 

 

The Commonwealth vs. Stephen Holt deft. Indictment.

The capias awarded at the last term having been returned not executed, it is ordered that a new capias be awarded against the said deft, directed to the Sheriff of Washington County returnable here at the next term.

 

The Commonwealth vs. Flemming Ingle deft. Indictment.

Same vs. Van Southerland deft. Indictment

The defendants by their attorneys pleaded not guilty to the indictments and put themselves upon the country and the attorney for the commonwealth did likewise and the cases are continued until the next term.

 

 

The Commonwealth vs. Alexander Carico deft. No 1. Indictment.

Same vs. same deft. No. 2. Indictment

The defendant by his attorney demurred to the indictments in which the attorney for the commonwealth joined & issue and the cases are continued until the next term.

 

 

George W. Smith jr     plt

vs.     } In Case

James Smith

 

The parties in this suit having referred all matters in difference between them in this suit to the final determination of John A. Campbell and Arthur C. Cummings and their award, or the award of such persons as they shall choose for an umpire, is to be made the judgment of the court, and the same is ordered to accordingly.

 

 

Newton Sanders plt. vs. Martin Sanders deft. In Case

Joshua Smith plt. vs. John Smith & wife defts. In case

For reasons appearing to the court it is ordered that these

 

 

 

 

146              Tuesday April 17th 1855

 

 

causes be continued until the next term at the costs of the defts.

 

 

Wm King & others for Alexr. Findlay vs. Elijah Helton deft. Ejectment.

On the motion of the deft by his attorney, it is ordered that the order of survey made at the last term in this cause be enlarged until the next term, and the cause is continued until the next term.

 

 

Isaac Moore    plt. vs. John Vanover    deft. Ejectment.

 

On the motion of Daniel S. Dickenson by his attorney it is ordered that he be substituted in the room of John Vanover as deft in this cause, and it is further ordered that the order of survey made at the last term in this cause be enlarged until the next term, until which time the cause is continued at the costs of said Dickenson.

 

 

James Deskins plt. vs. Albert G. Smith   deft. In case.

Geo. McClanahan & wife plts. vs. Geo. W. & David Smith deft. In case.

Jas. McClanahan  plt. vs. Same defts. In case.

By agreement of the parties, it is ordered that these suits be dismissed.

 

A. Crump for Geo. W. Hopkins plt. vs. A. F. Hendricks deft. In case.

Geo. W. Hopkins plt. vs. same. deft. In case.

Henry Smiths heirs plts. vs. Eli Jackson deft. Right

The President & Directors of the Russell & Washington Turnpike Company plts. vs. Thos. L. Preston & others defts. In covenant.

For reasons appearing to the court it is ordered that these causes be continued until the next term.

 

Ordered that court be adjourned until to morrow morning at 8 Oclock.

 

G. W. Hopkins

 

At a Circuit Court continued and held for Russell County at the courthouse thereof on the 18th day of April 1855.

 

On the motion of Richard H. Lynch Clerk of the Court Isaac Vermillion is admitted as his deputy, and thereupon the oath to support the Constitution of the United States, the oath of fidelity to this commonwealth, the oath against duelling and the oath of office were administered to him.

 

On the motion of Richard H. Lynch Clerk of the Court, it is ordered that Charles Carrell executor of James P. Carrell decd. late clerk of this court, pay to him the sum of Thirty five dollars for charging in fee book and making out fee bill due to the said James P. Carrell decd.

 

Ordered that James H. Dickenson, Zachariah Fugate & Andrew Fraley be exempted from further service on the Grand Jury.

 

 

 

 

            Wednesday April 18th 1855.                 147

 

John McKinney who stands indicted for murder was brought to the bar in custody of the keeper of the jail of this county and the jury empanneled yesterday for his trial were also brought into court, by the deputy sheriffs. And on the motion of the prisioner by his attorney and for reasons appearing to the court, it is ordered that the jury be discharged, and the trial of the case be continued until the next term.

 

James McKinney who stands indicted for murder was brought to the bar in custody of the keeper of the jail of this county, was arraigned pleaded not guilty to the Indictment. And on motion of the prisioner by his attorney and for reasons appearing to the court, it is ordered that the trial of the case be continued until the next term.

 

John McKinney and James McKinney who stand indicted for murder here in open court acknowledged themselves indebted to the commonwealth of Virginia in the sum of one thousand dollars each, and Gabriel Jessee acknowledged himself indebted to the Commonwealth of Virginia in the sum of one thousand dollars for each one of them, of their respective goods and chattels lands and tenements to be levied and to the use of the Commonwealth rendered, upon condition that the said John McKinney & James McKinney do each personally appear before the Judge of the Circuit Court of this county on the first day of the next term and answer to the indictment aforesaid, and that they will not depart thence without leave of the court, then this recognizance is to be void.

 

William Fletcher, Thomas W. Davis, Johnson Owens, William M. Ball and D. C. R. Snader for Sarah Snader his wife of the county of Russell comes into court and severally acknowledged themselves indebted to the Commonwealth of Virginia in the sum of one hundred dollars each of their respective goods and chattels lands and tenements to be levied and to the use of the Commonwealth rendered, upon condition that the said William Fletcher, Thomas W. Davis, Johnson Owens, William M. Ball and Sarah Snader do each personally appear before the Judge of the Circuit Court of this county on the first day of the next term and give evidence in behalf of the commonwealth against John and James McKinney and that they will not depart thence without leave of the court, then this recognizance is to be void.

 

Zadock N. Gardner, Jacob Combs, James H. Fuller, Wm. J. Combs, Martin Sanders, Wm. Pinnion, John Lockhart, John Wallis, Evan A. Kindrick and Elias Owens, comes into court and severally acknowledged themselves indebted to

 

 

 

 

148                Wednesday April 18th 1855.

 

to the Commonwealth of Virginia in the sum of one hundred dollars each of their respective goods and chattels lands and tenements to be levied and to the use of the Commonwealth rendered, upon condition that the said Zadock N. Gardner, Jacob Combs, James H. Fuller, Wm. J. Combs, Martin Sanders, Wm. Pinnion, John Lockhart, John Wallis, Evan A. Kindrick and Elias Owens do each personally appear before the Judge of the Circuit Court of this county on the first day of the next term and give evidence on behalf of John & James McKinney who stand indicted for murder, and that they will not depart thence without leave of the court, then this recognizance is to be void.

 

Alexr McFarlane plt vs Jno Alexander deft - In case

Gross & Martin plts vs Andw C. Ferguson &c deft - In debt

For reasons appearing to the Court, it is ordered that these causes be continued until the next term at the costs of the defts.

 

Commodore P. Shockley plt vs James Hartsock deft - In Case

For reasons appearing to the Court, it is ordered that this cause be continued until the next term at the costs of the plt.

 

Martin & Gross plt vs John C. Ferguson & others defts - In Debt

For reasons appearing to the Court, it is ordered that this cause be continued until the next term.

 

Robert Fugate admr de bonis non of Henry Dickenson decd. plt

vs.     } In Case

A. F. & A. L. Hendricks exors of Aaron Hendricks decd - defts

 

The plt by his attorney having directed this suit to be dismissed it is therefore ordered that same be dismissed accordingly and that the defts recover against the plt their costs in this behalf expended. Therefore it is considered by the court that the defts recover against the plt their costs by them in this behalf expended, to be levied of the goods and chattels of the said Henry Dickenson decd, in the hands of the said administrator de bonis non to be administered. And the said plt in mercy &c.

 

James Whitt & others plt vs James Romans & others deft - Issue

For reasons appearing to the Court, it is ordered that this cause be continued until the next term.

 

 

 

 

               Wednesday April 18th 1855.                   149.

 

The Grand Jury appeared in Court according to their adjournment, were sent out of Court further to consult upon their presentments and after some time returned into court and presented. An Indictment against Geo. W. Neece for a trespass - "A True Bill". An Indictment against William Harding for an assault - "A True Bill". An Indictment against William Price for an assault - "A True Bill". An Indictment against Jacob Snider for an assault - "A True Bill". Two Indictments against James H. Munsey for assaults - "A True Bill". An Indictment against Eliza Harding for an assault - "A True Bill". An Indictment against Squire V. Holbrooks for an assault - "A True Bill". An Indictment against Wm Skeen for an assault - "A True Bill". An Indictment against John Mason for an assault - "A True Bill". An Indictment against John D. Burnett for retailing ardent spirits - "A True Bill" and an Indictment against James C. Gibson for a trespass - "A True Bill" and having nothing further to present they are discharged.

 

On the motion of the Attorney for the Commonwealth, it is ordered that a summons be awarded against each of the persons whom the Grand Jury have this day found bills of indictments, requiring them to appear here on the first day of the next term and answer to said indictments.

 

Joseph Dorton & Joseph Culbertson    plts.

vs.     } Issue out of Chy

Martha Dorton & others

 

This day came the parties by their attorneys and thereupon came also a jury to wit; John Gibson, James A. Leece, Abraham Nordyke, Samuel Humphreys, Thos. Davis, Elijah Breeding, Fielding Combs, Harvey Gray Jr., Thomas Williams, John D. Burnett, Beverly J. Fuller and Evan A. Kindrick who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say "We the jury find that the paper filed in this cause as the last Will and testament of Joseph Dorton decd. is wholly the last will and testament of the said Dorton."

 

George W. Smith jr.     plt

vs.     } In Case

James Smith             deft

 

The parties having referred all matters in difference between them in this suit to the final determination of John A. Campbell and Arthur C. Cummings, and the said arbitrators having made and returned their award that the plt has sustained damages to the amount of Twenty dollars to which award there is no objection. Therefore it is considered by the Court that the plt recover

 

 

 

 

150                Wednesday April 18th 1855.

 

against the said deft the sum of Twenty dollars his damages aforesaid with interest thereon from the 18th day of April 1855 till paid and his costs in this behalf expended.

 

Andrew J. Dotson plt vs William Nash deft - In Case

 

The deft by his attorney pleaded the statute of limitations and not guilty, and filed a special plea in writing, to the filing of which the plaintiff by his attorney objected, and the Court overruled said objections and permitted the plea to be filed, to which opinion of the Court the plt by his attorney tendered a bill of exceptions which was signed and sealed by the Court and ordered to be made part of the record; and thereupon the plt by his attorney replied generally and issue and the cause is continued until the next term.

 

John T. Smith plt vs George Cowan deft - In Case

 

The deft by his attorney pleaded not guilty and put himself upon the country, and the plt did likewise, and leave is granted the deft, to plead any special matter at or before the next term until which time the cause is continued.

 

Andrew Day plt vs Lewis Roberts deft - Case

Same plt. vs. Henry Elkins deft In Case

 

The defts by their attorneys pleaded not guilty and put themselves upon the country, and the plt did likewise, the defts by their attorneys also filed special pleas in writing, to which the plts by their attorneys replied generally & issue, and the causes are continued until the next term.

 

Elijah Ferrell admr of John Riley decd. plt

vs.     } In Debt

Thomas J. Riley

 

By agreement of the parties, it is ordered that all matters in difference between them in this suit be referred to the final determination of Joseph Stras and John F. McElhenney whose award or in case of disagreement, that of their umpire is to be made the judgment of the Court, and the cause is continued until the next term.

 

Robert Giblony plt vs Harvey Gray deft - In Debt

 

The deft by his attorney filed a plea in writing to which the plaintiff by his attorney objected and the cause is continued until the next term.

 

John G. Duff plt vs. Richard Ferrell deft - On a Notice

 

For reasons appearing to the Court, it is ordered that this cause be continued until the next term at the costs of the deft.

 

 

 

 

                  Wednesday April 18th 1855                    151

 

John G. Duff plt vs Richard & Wm Ferrell defts - In Debt

 

The defts by their attorney pleaded offsets to which the plt by his attorney replied generally & issue, and thereupon the office judgment is set aside and the cause continued until the next term.

 

Jesse Vermillion plt vs Saml & Jno. C. Weddle defts - In Debt

 

The defts by their attorney pleaded payment & off sets to which the plt by his attorney replied generally & issue, and thereupon the office judgment is set aside and the cause continued until the next term.

 

Jesse R. Green plt vs Colbert Dorton deft - In Case

John Smith plt vs Joshua Smith deft - In Case

Dale Carter plt vs Joseph Short deft - Caveat

Same plt vs Wm. W. Sowards deft - Caveat

same plt vs Thos. Sowards deft - Caveat

same plt vs same deft - Caveat

same plt vs Wm. Ramey deft - Caveat

Jacob Yates plt vs James Turner deft - In Case

Martin Fraley plt vs Wm. C. Jackson deft - In case

 

For reasons appearing to the Court it is ordered that these causes be continued until the next term.

 

Henry G. Meade   Appellant

vs.    } On an appeal from a judgment of the County Court of Russell

William Harding & wife

 

This day came the parties by their attorneys and the court having maturely considered the transcript of the record is of opinion that the judgment of the County Court quashing the execution mentioned was erroneous; Whereupon it is considered by the Court that the said judgment be reversed, and the Court proceeding to give such judgments as the County Court should have given doth order that the motion to quash said execution be overruled and the notice dismissed; And it is further ordered that Wm Harding & wife pay to Henry G. Meade his costs as well in this as in the County Court.

 

George Benner apll vs Williams & Hackney deft In Debt

 

on the motion of the defts by their attorneys, who pleaded payments to which the plt by his attorney replied generally and issue, and thereupon the office judgment is set aside, and leave is granted them to plead any special matter at or before the next term until which time the cause is continued.

 

Wm Jessee plt vs Nimrod Kiser deft - In Case

same plt vs Abraham Childers deft - In Case

 

For reasons appearing to the Court it is ordered that these causes be continued until the next term.

 

 

 

 

152                   Wednesday April 18th 1855 

 

Ordered that Richard H. Lynch Clerk of this Court be allowed the sum of Fifteen dollars for his public services since the last term. that Wm. B. Aston be allowed the sum of $50.00 for his services as attorney for the commonwealth since the last term. That Robert Boyd Sheriff of this County be allowed the sum of $10.00 for his public services since the last term. And that Isaac W. M. Davis jailor of this County be allowed the sum of $15.00 for his services as jailor since the last term and that the said allowances be certified to the Auditor of Public Accounts.

 

Ordered that the following named persons are entitled to the sums to their respective names annexed for their services as jurors at this term of this court, and that the same is payable as is stated opposite to each of their names which is ordered to be certified.