Villemere, Nicholas vs. William McGowen 1805

Description:	This file contains numerous documents relating to the plea of Trespass that Nicholas Villemere brought against William McGowen in 1802. The Complaint of the Plaintiff, Nicholas Villemere was written by his attorney, John Rice Jones, and declared that William McGowen became indebted to Nicholas Villemere on March 1, 1802 for work and labor. He stated that although payment was requested, none had been made. Villemere sued for $150.00 damages. On February 12, 1802, William McGowen was issued a summons to answer to a suit of Trespass by Nicholas Villemere for damages of $150. The summons was witnessed by James Johnson and signed by Robert Buntin, Prothonotary. It was executed by William Prince, the return I have the body. $.64 1/2 were added to the court costs. During the May Term 1802, a summons was issued for William McGowen to answer to the suite of Nicholas Villemere by Robert Buntin, Prothonotary. On the reverse I have the body. William Prince. During the May Term 1803 John Rhodermel, Patrick Simpson and Antoine Marchal were summonsed to testify on behalf of William McGowen. The summons was written by Robert Buntin, Prothonotary and executed by William Prince with $.94 1/2 fees added. During the same term in May 1803, Thomas Holder, Patrick Simpson, James Black, and Louis Denion was summonsed to testify on behalf of Nicholas Villemere. This summons was also written by Robert Buntin, Prothonotary and witnessed by James Johnson. This summon was executed by William Prince with $1.07 court fees added. William McGowens response to the charges was made by his lawyer, Robert Hamilton. The response denied the charges and put himself on the mercy of the country. The jury included William Mills, Robert Gilmore, John Lite, William Carter, William Stewart, John Elsworth, James Black, Joshua Bond, Samuel Carrathers, John Gentry, John Peas, and John McGowen. According to the jury foreman, William Mills, the jury found for the Defendant with damages of $5.75. The Plaintiff filed a writ of Error and the case transferred to the General Court. Judge Henry Hurst ruled that there was an error and ordered the case back to the Court of Common Pleas with a new trial. March Term 1806, the parties appeared with their attorneys and received a continuance to the July Term 1806. In the July Term, another continuance was issued. A continuance was also issued for the November Term 1806. During the March Term 1807, the Defendant appeared by his attorney, General W. Johnston, the Plaintiff did not appear. A Judgement was made of non payment to be entered against the Plaintiff--the Plaintiff to take nothing. Also included in the file was a Promissory Note: Saint Vincennes April 26, 1802. Received of William McGowen 6 shillings for making a pair of shoes for Nicholas Villemere nearly two years past. Samuel Carruthers. A second note of the same date, Received of William McGowen $1.00 on amount of making one pair of shoes for Nicholas Villemere about 2 years ago. Signed with the mark of James Likes. Documentation for the court fees and costs included the following: May 5, 1803, Pat Simpson, and James Black claim 3 days in court; John Rhondermel 2 days in court. General W. Johnstons 1802-1803 costs were $5.62 1/2 with James Johnsons comment I tax this bill at $5.52 A ledger for the court costs from May Term 1802 to May 1803 listed costs at $32.82 1/2. The itemized costs from 1805 to 1807 listed $58.72 1/2. A copy of the court transcript by Robert Buntin was included in the file.
Origin:	2018-02-13
Created By:	Indiana Territory. Court of Common Pleas (Knox County); Indiana Territory. Court of General Quarter Sessions (Knox County);
Contributor(s):	Johnson, James; Decker, Luke; Leech, George; Hurst, Henry
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/21845
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Accounts -- Indiana Territory Breach of contracts -- Indiana Territory Contracts for work and labor -- Indiana Territory Costs (Law) -- Indiana Territory Court records -- Indiana Territory -- Knox County Damages -- Indiana Territory Johnston, Genl W. (General Washington), 1776-1833 Judgments -- Indiana Territory Jurors -- Indiana Territory Jury -- Indiana Territory Personal debt -- Indiana Territory Receipts (Acknowledgments) -- Indiana Territory Shoes -- Indiana Territory Shoemakers -- Indiana Territory Subpoena -- Indiana Territory Summons -- Indiana Territory Writs -- Indiana Territory Promissory notes -- Indiana Territory Court Records

Further information on this record can be found at its source.