Circuit Court Law Order Book, 1855, April Term

               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.

 

Names of Jurors Payable by the Commonwealth Payable by the County
John Gibson S. H. .75c S. H. 75
James A. Leece .75 S. H. 75
Abraham Nordyke 75 75
Saml Humphrey 75 75
Thomas Davis 75 75
Elijah Breeding 75 75
Fielding Combs 75 75
Harvey Gray Jr. 75 75
Thomas Williams 75 75
John D. Burnett 75 75
Beverly J. Fuller 75 75
Evan A. Kindrick 75 75
Isaiah Cumbo 50 1.00
George H. Gray 50 1.00
Stanford L. Jessee 50 1.00
Harvey Munsey 50 1.00
John A. Collins 50 1.00
Wesley Gilmer 50 1.00
Abram Buckles 50 1.00
John Stinson 50 1.00
Martin J. Clifton 50 1.00 (I. B)
Wm. H. Mutter 50 1.00
Henry Campbell 50 1.00
Elias Owens 50 1.00 (I. B.)
 
Robert Boyd Sheriff of this County presented an account against the commonwealth amounting to the sum of $27.00 for boarding and lodging the jury in the case of John McKinney charged with murder for summoning the venire
 
 
 
 
                Wednesday April 18th 1855                  153
 
in the case and executing a write of venire facias in the case of James McKinney charged with murder, and made oath thereto which was examined by the court allowed and ordered to be certified to the auditor of public accounts.
 
The Commonwealth vs James H. Munsey deft - Indictment
same vs same deft - Indictment
 
The defendant in his proper person comes into court with the assent of the attorney for the commonwealth and of the court confesses judgment for a find of one dollar in each case. Therefore it is considered by the court that the deft make his fine by the payment of one dollar in each case to the commonwealth and the costs and may be taken &c.
 
Ordered that Robt Boyd sheriff of this county be allowed the sum of $224.00 the amount paid to the jurors by him for two days attendance in the case of the commonwealth  against John McKinney charged with murder, which is ordered to be certified to the auditor.
 
No further business appearing ordered that Court be adjourned till the first day of the next term.
 
G. H. Hopkins
 
 
Final Office Judgment April the 18th 1855
 
Andy F. & Aaron L. Hendricks executors of Aaron Hendricks decd.  plts
vs.  } in Debt
James F. Litton
 
This day came the plts by their attorney and the deft not yet appearing, it is considered by the court, that the judgment obtained in the clerks office be made final, and that the plts recover against the said deft the sum of $106.17 with legal interest thereon from the 15th day of February 1851 till paid and their costs.
 
George Banner    plt
vs.     } In Debt
Jesse Horn
 
This day came the plt by his attorney and the deft not yet appearing, it is considered by the court, that the judgment obtained in the clerks office be made final, and that the plts recover against the said deft the sum of $51.00 with interest thereon from the 3d day of April 1854 till paid and the costs.
 
Elijah Ferrell admr of John Riley decd plt
vs.    } In Debt
Thomas J. Richardson & Major A. Fletcher  defts
 
This day came the plts by their attorney and the deft not yet appearing, it is considered by the court, that the judgment obtained in the clerks office be made final, and that the plts recover against the said deft the sum of $64.00 with legal
 
 
 
 
 
154               Wednesday April 18th 1855 
 
interest thereon from the 17th day of June 1854 till paid and the costs.
 
Thomas Combs who sues for the benefit of George A. Warder   plt
vs.    } In Debt
Samuel H. Nash & William Nash   defts
 
This day came the plt by his attorney and the defts not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plt recover against the said deft the sum of $80.00 with legal interest thereon from the 1st day of April 1850 till paid and the costs.
 
 
John Boyd   plt
vs.    } In Debt
James Gardner & John C. Weddle    defts
 
This day came the plt by his attorney and the defts not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plt recover against the said defts the sum of $50.50 with legal interest thereon from the 4th day of April 1854 till paid and the costs.
 
Robert Boyd who sues for the benefit of Charles Carrell exor of James P. Carrell decd plt
vs.    } In Debt
Meredith C. Logan   deft
 
This day came the plt by his attorney and the deft not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plt recover against the said deft the sum of $129.00 with legal interest thereon from the 14th day of January 1854 till paid and the costs.
 
Jarrot J. Justice plt
vs.    } In Debt
James M. Gibson   deft
 
This day came the plt by his attorney and the deft not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plt recover against the said deft the sum of $72.00 with legal interest thereon from the 1st day of August 1854 till paid and the costs.
 
Samuel Taylor plt
vs.    } In Debt
Michael Ascue   deft
 
This day came the plt by his attorney & the deft not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plt recover against the said deft the sum of $70.00 with legal interest thereon
 
 
 
 
               Wednesday April 18th 1855            155
 
 from the 16th day of November 1854 till paid and their costs.
 
Samuel Taylor senr plt
vs.    } In Debt
Michael Ascue   deft
 
This day came the plt by his attorney & the deft not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plt recover against the said deft the sum of $62.00 with legal interest thereon from the 1st day of November 1854 till paid and the costs.
 
Andy F. and Aaron L. Hendricks executors of Aaron Hendricks decd plt
vs.    } In Debt
Harvey Gray & Edward D. Kernan   defts
 
This day came the plts by his attorney & the defts not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plts recover against the said defts the sum of $212.12 with legal interest thereon from the 23d day of September 1853 till paid and the costs.
 
The Same plt
vs.    } In Debt
George W. Candler & William Browning   Defts
 
This day came the plts by his attorney & the defts not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plts recover against the said defts the sum of $65.50 with legal interest thereon from the 23d day of September 1853 till paid and the costs.
 
Aaron L. Hendricks plt
vs.    } In Debt
Hanson M. Hooe & J. S. Holley  defts
 
This day came the plt by his attorney & the defts not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plt recover against the said defts the sum of $127.50 with legal interest thereon from the 20th day of Octtember 1854 till paid and the costs.
 
Solomon Rowe who sues for the benefit of Joseph Harrison plt
vs.    } In Debt
James Breeding   deft
 
This day came the plt by his attorney and the deft not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plt recover against the said deft the sum of $64.37 1/2 with legal interest thereon from the 1st day of September 1854 till paid and the costs.
 
 
 
 
156               Wednesday April 18th 1855
 
 
William L. Garrett who sues for the benefit of Charles Carrell executor of James P. Carrell decd plt
vs.    } In Debt
Edwin R. Smith   deft
 
This day came the plt by his attorney and the deft not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plt recover against the said deft the sum of $65.00 with legal interest thereon from the 16th day of November 1854 till paid and the costs.
 
William Combs plt
vs.    } In Debt
Harvey Gray   deft
 
This day came the plt by his attorney and the deft not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plt recover against the said deft the sum of $65.80 with legal interest thereon from the 7th day of February 1855 till paid and the costs.
 
John W. Lampkin & Henry D. Smith administrators of Harvey Smith decd   plt
vs.   } In Debt
Francis Browning Jr.    deft
 
This day came the plts by their attorney and the deft not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plts recover against the said deft the sum of $114.33 with legal interest thereon from the 1st day of September 1854 till paid and the costs.
 
Jesse Browning plt
vs.    } In Debt
Samuel P. Fogleman & David Willis   defts
 
This day came the plt by his attorney and the defts not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plt recover against the said defts the sum of 114.33 with legal interest thereon from the 1st day of September 1854 till paid & the costs.
 
Joseph S. Gilbert plt
vs.    } In Debt
Harvey Gray   deft
 
This day came the plt by his attorney and the deft not yet appearing, it is considered by the court that the judgment obtained in the office be made final, and that the plt recover against the said deft the sum of $816.00 with legal interest thereon from the 28th day of October 1852 till paid & the costs.
Cr. 1852 Oct 27th $300.00 - 1853 Augt 10th $220.00
 
Teste R. H. Lynch C. C.