West, Lewis F. vs John McCoy

West, Louis F. vs John McKoy

Description:	A bill dated 1807 stating that John McCoy owes Lewis F. West for molding and burning of 17,000 bricks at $1.50 [$.15?] each for a total of $25.50. Building a chimney with one fire place at $10. Building 2 chimneys with 5 fire places at $44. Underpinning for houses at $6. The total of the bill is $85.50. The bill was sworn by John Rodarmel, Gamble Rodarmel, Thomas Westfall, and Robert McCoy. The sheriff is summoned to take John McKoy to court the last Monday of November next. He is to answer to Louis F. West on a plea of trespass on the case plus damages of $150 owed to Louis West. R. Buntin, Clerk witnessed the summons on September 9, 1807. Taxes were paid and the summons was executed by Samuel Hayes, Deputy Sheriff for P. Beckes, Sheriff with a cost of serving listed as $1.19. A complaint by H. Hurst, lawyer for the plaintiff, is filed. He states that John McCoy owes Lewis West, bricklayer, for bricks, labor, chimney work, and underpinning. West states that John McCoy promised to pay him but has failed to do so. John Johnson, attorney for the defendant, files a plea. He states that John McCoy stated he did not assume and promise to pay in the manner and form as the plaintiff complained and puts himself upon the country. A subpoena is issued for Walter Willson, Esq. ,John Rhoadarmel, William Gamble and Peggy McCoy to come to court the third Monday of March instant to give evidence on behalf of John McCoy, defendant, on a suit against Lewis West, plaintiff. They are to be penalized $100 for not appearing, The subpoena is dated March 17, 1808 and witnessed by R. Buntin, Clerk and executed by Samuel Hayes, Deputy Sheriff with the cost to serve being listed as $2.79. Walter Wilson gives a deposition. He swears that he understood from the parties that they had talked of a settlement. That the settlement was brought up by McCoy, but West was apprehensive and felt McCoy was trying to cheat him and he declined settlement at about Christmas last. McCoy stated that Wests prices were too high and a credit of 9 pounds 10 pence and 1 farthing was paid by McCoy to West leaving 5 pounds. The deposition was filed March 23, 1808 and signed by Walter Wilson with George Leech as witness and Judge. A summons is issued to the Sheriff to bring John Rodarmel, Gamble Rhodarmel, Will Gamble, Thomas Westfall and Robert McCoy to court the third Monday of March next. They are to give evidence on behalf of Lewis West, plaintiff against John McCoy on a plea of trespass. John, Gamble, William Thomas and Robert are to be charged $100 each if they fail to appear. R. Buntin, Clerk signs the summons on March 21, 1808. A cost to serve is listed at $1.44 and it is executed by Samuel Hayes, Deputy Sheriff. A notation states that there was no time to serve the summons on Thomas Westfall and Robert McCoy and that Gamble Roadarmel was not in his bailiwick. A subpoena is issued for John Roadarmel, William Gamble, Gamble Roadarmel, and Thomas Westfall. They are to appear the last Monday of July next and give evidence on behalf of Lewis West, plaintiff against John McCoy defendant in a plea of trespass. A $100 penalty will be applied to each if they do not come to court. The summons is signed June 20, 1808 by R. Buntin, Clerk with the cost to serve being $1.44. The summons was executed on John Roadarmel and William Gamble, but Gamble Roadarmel was not found. A summons is issued for Peggy McCoy to come to court the last Monday of July next on behalf of Lewis West, plaintiff against John McCoy, defendant, in a plea of trespass. Peggy McCoy will be fined $100 if she does not appear. The summons is signed June 20, 1808 by R. Buntin with the cost to serve being $1.06 1/2. The summons was executed by Samuel Hayes, Deputy Sheriff. A subpoena is issued for Walter Willson, Esq, John Rhoadarmel, William Gamble and Peggy McCoy. They are to appear in court the last Monday of July next on behalf of John McCoy, defendant on the suit of Lewis West, plaintiff on a plea of trespass. A $100 penalty will be fined if they do not appear. The summons was signed July 8, 1808 by R. Buntin with the cost to execute being .88 cents. This case is set for trial on Tuesday, the second day of court. The summons was executed by Samuel Hayes, Deputy Sheriff. Betsy Mays is summoned to come to court the last Monday of July, instant, on the second day of term to give evidence on behalf of Lewis West against John McCoy, defendant, on a case of trespass. A $100 fine will be applied if they do not appear. The summons is dated July 14, 1808 with the cost of court listed as $1.06 1/2. The summons was executed by Samuel Hayes, Deputy Sheriff. A cost of court bill from December 1807-July 1808 is filed for $9. 32, for court actions $12.51 1/2, and tax on a writ .50 cents, for a total of $22.96.
Origin:	2018-04-13
Created By:	Indiana Territory. Court of Common Pleas (Knox County);
Contributor(s):	Decker, Luke; Johnson, James; Leech, George;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/23050
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Brick trade -- Indiana Territory Costs (Law) -- Indiana Territory Accounts -- Indiana Territory Witnesses -- Indiana Territory Summons -- Indiana Territory Damages -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Trespass -- Indiana Territory Lawyers -- Indiana Territory Depositions -- Indiana Territory Subpoena -- Indiana Territory Court Records

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