Superior Court Minutes, 1803

Here are a few pages from 1803:

Georgia
Jackson County
April Term 1803
To his honor the Judge of the Superior Court of the Western District

The petition of Henry Trent sheweth that your petitioner was possessed of a certain promissory Note made & executed by David McCleskey & James Wright in favour of Clayton Talbott bearing date the ninth day of April one thousand seven hundred & ninety three for the quantity of two thousand four hundred pounds of Washington Inspected Tobacco payable the first day of November next ensuing, which note the aforesaid Clayton Talbott Indorsed to one John Shropshire who also Indorsed the same to your petitioner, which said Note your petitioner hath either lost or mislaid so that your petitioner cannot account for the same, Wherefore your petitioner prays a rule of the said Court to Establish the said Note so lost as aforesaid in terms of an act of the Legislature in such cases made & provided & as in duty bound he will ever pray

We or either of us in promise to pay Clayton Talbott or order the quantity of two thousand four hundred pounds weight of Washington Inspected Tobacco on or before the first day of November Next for value received this 9th day of April 1793
(Signed)
David McCleskey
James Wright
I Indorse the within note to John Shropshire for value recd.
(signed)
Clayton Talbott

(next page)

I Indorse the Within Note to Henry Trent for value recd.
(signed)
John Shropshire

Georgia
Clarke County
Personally came before me Henry Trent Esqr. & after being duly Sworn upon the holy Gospels of God deposeth & saith that the Original Note of which the above is a true copy as near as he this deponent can recollect is either lost or mislaid so that he cannot account for the same
Henry Trent

Sworn to before me
this 29th March 1803
M.P. Carnes

Rule N131?

Upon the petition of Henry Trent stating that he was possessed of a Note of hand made by David McCleskey & James Wright for the quantity of two thousand four hundred Weight of Washington Inspected Tobacco which note bears date the ninthe day of April One thousand Seven hundred & Ninety Three payable to Clayton Talbott on the first day of November next ensuing, a copy of which Note, as Near as can be recollected is filed in the Clerks office of the Superior Court of Jackson County which said Note was Indorsed by the said Clayton Talbott to one John Shropshire & by him to the said

(next page)

Henry Trent which said Note is either lost or destroyed

It is ordered that the said Copy be established in Lieu of the Original Note so lost or destroyed unless cause be shewn to the contrary & that this rule be published once a month for the space of six months in one of the public Gazettes of the State
P. Williamson Atty for
Henry Trent

Geo Cornwell
vs
Saml Moon
(to right of names word “Dismiss”)

Eldredge Hargrove
vs
Robt McGowan
(to right of names word “Ejedm’t.”?)
There being Judgement obtain’d. against the defendant Robert McGowan & the parties being dissatisfied came into Court paid the Cost & appeal’d. Micajah Williamson entering himself security for the eventual condemnation money should there be any that is to say the defendant shall pay the money he will do it for him or Surrender his body to the Common Jail of the County in discharge of him self when he shall be charged in execution
Wm Few
Micajah Williamson

Acknowledged in
open Court

(next page)

John McCravy
vs
Jordan Clark
(to the right of names word “Fefa”?)

On motion of plaintiffs Attorney it is Ordered that the Sheriff return tomorrow Morning as soon as the Court shall sit

Jonathan Cook
vs
Jonathan Pharr
Edward Pharr &
Francis Pharr
(to the right of names “Asst & battery”)

Immediately agreed between the parties in this suit that all matters in dispute be submitted to the Arbitration & Award of Matthew Knight, William Blake, David Creswell, William Burns, John Hampton & R. Cowden or a majority whose decision & award shall be final & conclusive, provided the said award be made & Returned to the Clerk on or before the first day of the next term, either party availing himself of the benefit of the rule by giving the other party a notice of  ten? days.”

____________________________

“Thursday April 7th 1803
Court met according to adjournment

Present his honor Thomas P. Carnes Esquire”

(just a couple out of several listings – I checked in the Court of Ordinary index and Saml. Gardner was administrator for the estate of Robert Campbell):

“David Mc?
vs
James McDonald
Saml. Gardner admr.
Robert Campbell
(beside names to right “Jury No 1 Sworn to wit?)

Thos Castlebury
2  Thos Wafer
3  James Wilson
4  Moses Snow
5  Thomas Baly
6  Wm Potts
7  Jonathan Cockram
8  Moses Garrett
9  Geo.? Haynie
10  Jacob Lindsay
11  Thomas Johnson
12  Noah Langley
returned the following verdict
We the Jury find for the plaintiff the sum of one hundred & sixty five dollars with Cost of Suit
JAC Lindsay

_____________

Reuben? Lindsay
vs
Jno Depriest
(to right “Jury No. 2 Sworn to wit?)

1  Abram Lindsay
2  Isaac Cowan
3  Robert Venable
4  Daniel Johnson
5  Peleg? Rogers
6  John King
7  James Mitchell
8  Eldridge Hargrove
9  James Montgomery
10  Joseph Lemaster
11  John Bailey
12  Jeremiah Snow
Returned the following verdict
We find for the plaintiff one hundred & seventy dollars twenty eight cents & one half with Interest & Cost
J.M. Montgomery Jur.

_______________

William Wheeler
vs
Peggot & Mays
We confess Judgment for Eleven hundred dollars with Interest & Cost
______________

Wood & Lindsay
vs
John H. Johnson
(to right of names – “Judgment by deft”)
______________

Saml Gardner
vs
Patrick Park
(to right of names – “Judgmt by default”)
_______________

Tues 4 Oct 1803

James Cunningham
vs
Admr Tho Rogers decd
(to right side of names- “Jury No. 1”)
Returned the following Verdict
We find for the plaintiff three hundred & fifty dollars with cost
Timothy Sexton Jur.
________________

Thurs 6th Oct 1803

“Alexander Beard a Juror of the panel No 2 fined two dollars for being absent when called in Court”

“Richard Smith
Eldredge Hargrove
vs
William Stiles &
Johnson Smith &
Samuel Park
tenants in possession
(to right of names – Ejectmt.)
_____________

Richard Smith ex ?
Eldredge Hargrove
vs
William Stiles &
Quinton McCright &
James McCright
tents. in possession
(to right of names – Ejectmt.)

In the above cases Judgment was had against the plaintiff & he being dissatisfied came to the office paid the cost & appealed, Alexander Ried entering himself security for the eventual condemnation money.
(signatures)
Eldrege Hargrove
Alexander Reid

13th Oct 1803
Edw Adams D Clk
proy?
Geo Taylor Clk

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David Robertson
vs
William Finch? &
Edward Robertson
There being Judgment obtained in the above case against the Defendants & they being dissatisfied, came to the office by Eldredge Hargrove Alexander Reid & Thomas Johnson their securities paid the cost & appealed, Henry Ledbetter entering himself Security for the eventual condemnation money.
(signatures)
Eldredge Hargrove for Wm
Dent? & Edward Robertson
Eldredge Hargrove
Alexander Reid
Thomas Johnston
Henry Ledbeter

Test
Edw Adams
for
Geo Taylor Clk ?

(next page)

Charles Dougherty
vs
William Camp et al
tenants in possession
Geo Weatherby Co-deft.
(to right of names – Ejectmt.)

There being Judment in the case against the defendants George Weatherby the co-defendant came to the Office paid the cost that has arisen & appealed Wm Kirkland & Isaac Boring entering themselves security for the eventual condemnation money
(signatures)
Geo. Weatherby
Isaac Boring
Wm (his mark – an x) Kirkland

Test
Edw Adams
for Geo Taylor Clk U.U.?

(next page)

At a Superior Court continued & held in & for the County of Jackson at the house of Majr. David Criswell, formerly Thomas Kirkpatrick) on the first monday in April (being the 4th day of the month) Eighteen hundred & three

Present & on the bench his honor

Thomas P.Carnes Esquire

The following Grand Jurors answered to their names who relived?
& chose for their foreman William Hickman

1  Wm Hickman foreman
2  Thomas Shields
3  James Hendricks
4  John Mucklehanner
5  Thompson Bruter?
6  Matthew Sparks
7  James Carrol
8  Thomas Barron junr.
9  John Moore
10  Joseph McCulehen
11  James Moore
12  William Carter junr.
13 Thomas Barron Senr.
14  David Stovall
15  Darby Henley
16  Owen J. Bowen
17  Joseph Shields
18  James Thurmond
19  Jorrah Dodson
20  John Henderson
21
22

(next page)

Jury No. 1  Sworn generally to wit

1  Thomas Castleberry
2  Thomas Wafer
3  John Hassey
4  James Wilson
5  Gallant Floyd
6  William Y. Luckey
7  Hugh Roan
8  Alexr. McDonald
9  Elijah Offield
10  Charles Lordain
11  Noah Langley
12  John Wommack

Joseph Dabbs
vs
Samuel Knox
(beside names to right – Dismiss’d. at Defts. Cost & cost pd.)

Wm Tate & John Blaurgann
vs
John Fox & Robert Parks
(beside names to right – Dismiss’d.)

William ? U. Cowles
vs
Edw Callehan
(beside names – Dismiss’d)

Eldredge Hargrove
vs
Robert McGowan
(beside names to right – Jury No. 1 to wit)

1  Thomas Castleberry
2  Thomas Waffer
3  John Hassey
4  James Wilson
5  Gallant Floyd
6  William Luckey
7  Hugh Roan
8  Alexr.  McDonald
9  Elijah Offield
10  Charles Jordan
11  Noah Langley
12  John Wammock

We the Jury find for the plaintiff Wm. Hargrove
W.R. Luckie foreman

(next page)

Joseph McCutchen
vs
Zachariah Collins
(to right of names – Ejectment)

By consent it is agreed to refer all matters in dispute touching above case to the Arbitration & award of Peter Kolb, Joseph Earl?, William Deel, John Hampton, Nicholas Settle?, David Dixon, Prosser Horton, William Pentecost, David Travis & Daniel W. Earley or a majority of them provided the same be made in Writing & subscribed by the said Arbitrators.  The said parties agreed to divide the legal costs between them, due notice being given by the party fixing on the day & place of Arbitration to the adverse party.

James Harvey
vs
Williamson &
Clarke
(to the right of names – “Fifa”)

On motion it is Ordered that the Sheriff do return into Court at 10 oClock Tomorrow morning the above execution with what may have been done thereon

Jury No. 2 Sworn generally to wit

1  Lewis Hynor
2  Valentine  Mooney
3  Thomas Bates
4  Isham Williams
5  Samuel Patillah
6  Jonathan Cockram
7  Samuel Tyner
8  Ephraim Deale
9  Moses Snow
10  Moses Carroll
11  James Molehill?
12 John Chapman

George H. Haynie
vs
William Malone
(to right of names – “We find for the plaintiff with Cost”)
Saml. Patellah Snr.?”

________________

11 Mar 1822

“James Barr
vs
Joshua T. Canady
(beside names to right – “Jury No 1″)
verdict
We the Jury find for the plaintiff the sum of three hundred & fifty three dollars with Interest & Cost
J. Ellington FM”


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