John Small vs William Mason

Small, John vs. William Maison

Description:	The Court transcripts by Robert Buntin, Prothonotary, of the suit John Small brought against William Mason (Maison) in a plea of Trespass and asking for thirty dollars in damages. In May 1799, John Small sued for a writ of capias ad respondenum for William Mason to answer a plea of Trespass. The writ was witnessed by Pierre Gamelin on May 15, 1799 and executed by Christopher Wyant, Sheriff. August Term 1799, John Small and his attorney, Robert Hamilton, appeared and William Mason appeared with his attorney, Henry Hurst. The case was continued until November. November Term 1799, the Plaintiff filed his Declaration, Mason in custody. Smalls Declaration, stated that he expended twenty dollars when he entered himself as special bail for Mason when a suit was brought against Mason by Christopher Wyant for sixteen dollars. Mason absconded and concealed himself. Small spent twenty dollars to have Mason brougth back and reported that Mason said he would paid Small, but has not paid the debt. February Term 1800, the Parties and their attorneys appeared. The Plaintiff asked that the Defendant be ruled to plead by the Seventh or a Judgement by default be entered. The motion was over ruled and the cause was continued. The Defendant filed his plea defendant says because he did not assume in manner and form as the Plaintiff declared and asks for the country to inquire. May Term 1800, both parties agree for a trial. August Term: Continued. November Term: Continued. February Term 1801, Jurors: Edward Sharp, Jacob Minon, Fredrick Mapel, John Gibson, Henry Barkman, Peter Bloom, James Swiney, Luke Decker, Charles Boggs, William Willson, Daniel Sullivan, and Francois McGuire. Verdict, We the jury find for the Plaintiff, the sum of twenty dollars and cost of suit. The Defendant asked for a new trial. Jurors: Patrick Simpson, Francois Williams, Jonathan Marney, Joshua Fleeharty (Fleethart), Isaas Minor, Leonard Boman, Solomon Hays, Gabrial Hundt, Toussaint Denoion, Jacob Thorn, William Bailey and Jacob Fleetharty (Fleethart). Small showed the jury evidence, joined between the parties. In June, July or August, Small requested, Samuel Gregory go to the River and bring up Wlliam Mason which he did and Small paid him twenty dollars. The Court: the evidence produced by John Small is not sufficient in law to maintain and support the issue. The Jury was discharged. Small received nothing, and he filed a false complaint. William Mason recovered against John Small, twenty-eight dollars, his cost and charges.
Origin:	2016-09-29
Created By:	Indiana Territory. Court of Common Pleas (Knox County);
Contributor(s):	Johnson, James; Beckes, Benjamin; Westfall, Abel;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/18358
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Affidavits -- Indiana Territory Bail -- Indiana Territory Bonds -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Damages -- Indiana Territory Judgments -- Indiana Territory Judges -- Indiana Territory Jurors -- Indiana Territory Personal debt -- Indiana Territory Writs -- Indiana Territory Lawyers -- Indiana Territory Court Records

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