Hogue, William vs John Small

Houge/Hoge William vs John Small

Description:	A promissory note signed by John Small is presented. He promise to pay unto William Hague on order $73 on demand with lawful interest from date for value received the forth day of May 1804, witnessed by Ty Bouir. William Hogue complains of John Small. He states that John Small is to render unto him $73 that he owes him that he borrowed from him May 4, 1804 at Vincennes. John Small promised to pay William Hogue $73 with interest from the date received but he has failed to do so. The note is dated October 15, 1804. The plaintiff also asks for $100 in damages per Johnson, P. Q. William Hogue puts in his place General W. Johnston as his attorney against John Small in an action of debt. A summons is issued for Witman Trippet to be brought to court the first Tuesday of February next to give evidence on behalf of John Small at the suit of William Hogue in a plea of debt. A $200 penalty will be fined if he fails to appear. Witnessed by George Leech on November 10, 1804. Waitman Trippet claims four days as attending as a witness during the July 1808 term. The summons is executed by the Deputy Sheriff with a cost of $11.08 1/2. A subpoena is issued for Zebulon Hogue to appear in court the first Tuesday of February next to give evidence on behalf of John Small at the trial of William Hogue in a Plea of Trespass on the case. Zebalon Hogue is to be fined $200 if he does not appear in court. The subpoena is witnessed by George Leech on November 10, 1804 and signed by R. Buntin, Prothonotary. The subpoena was executed by D. Sullivan at $7.05 cost to serve. A bill of exception is filed for the February term 1805 in an action of debt by note of hand under the seal for $73. On a Plea of Payment by the defendant on the trial of the cause the defendant offered evidence to prove that the note although made payable on demand was by agreement between the plaintiff and defendant. That the note is not due or payable until the public lands of the U. S. in this county were offered for sale and that those sales had not yet been begun. The plaintiff was not entitled to recover at this time to the admission of this testimony the plaintiff objected and the defendant insisted it ought to be admitted and left to the jury and prayed the court to admit it accordingly. The court was of an opinion that the evidence offered by the defendant was inadmissible and there of used the evidence, to this opinion the defendant prayed the court to sign the Bill of Exceptions. The Bill of Exceptions is signed by Able Westfall, George Wallace Jr. and Daniel McClure. During the February 1805 term and sworn in open court, Waitman Tribette claims four days of attendance as a witness in the case at the present term. A summons is issued for John Small. He is to come to court the first Tuesday of November next to answer to William Hogue in a Plea of Debt for $73 and damages of $100 which he owes to the said William Hogue. The summons was witnessed by James Johnson on August 12, 1804. This is an Action of Debt upon a speciality under the seal of the defendant per G. W. Johnston, attorney for the plaintiff. Cost to serve is listed at $1.71. At the Indiana Territorial General Court during the 1807 term, a plea by John Small vs William Hogue, defendant in error is filed. The parties by their attorneys come to the court and the court decides to reverse the judgement and the cause is remanded to the Court of Common Pleas and each party is to pay their own costs. The document is signed by J. Henry Hurst, Clerk of the Court of the General Court of the Territory. He hereby certifies that this is a true copy of the judgement given in error. In a plea by the said defendant by his attorney Johnson comes and defends the wrong and injury and says that the plaintiff ought not to have and maintained his action against him because the defendant has paid his debt. A subpoena is issued for Zebalin Hogue and Waitman Tirbute to appear before the judges in the court the last Monday of November to give evidence on behalf of John small on the suit of William Hogue. A fine of $100 is to be applied if they do not appear November 29, 1807. The summons is executed by Samuel Hayes, Deputy Sheriff with cost to serve being $1.56. R. Buntin, Clerk on December 12, 1807 orders by writ any Justice of the Peace to examine witnesses on behalf of William Hogue, plaintiff and John Small, defendant In a court of Common Pleas at a such time and place as you shall appoint on the third Monday of March next. And they are ordered to send a certified copy of the examinations together with this writ to the court. Zebulan Hogue appears before Daniel McClure and gives testimony at his own house that on the 17th day of December 1807 between 12 and 2 oclock and after being sworn in that he cannot perfectly recollect but he states that shortly after his son William Hogue recounted that he had asked John Small for a piece of land on the White River in consideration for repayment for monies Small owed him. He states that Small had to make the payment in due time for him to claim the land at the land office or he was to receive his pay in cash. Witnessed by Daniel McClure on December 17, 1807. A summons is issued to take Zebulon Hogue and Waitman Tribbet to court the third Monday of March instant to give evidence on behalf of John Small. A $100 fine to be applied if they do not appear. The summons is dated March 14, 1808 and is signed by R. Buntin, Clerk and executed by Samuel Hayes Deputy Sheriff. A note states that Witman Tribbet was not found and the cost to serve is listed at $1.18. Tribbet claims four days for attending at the March 1808 term as a witness. A summons is issued for John Hatten. He is to appear in court to give evidence on behalf of John Small. A $ 200 fine is to be applied if he does not appear. The summons is dated March 22, 1808 and signed by R. Buntin, Clerk and executed by James Crow, Deputy Sheriff with a cost to serve being 46 cents. A summons is issued for Zebulon Hogue Sr., Waitman Tribute and John Hatten to appear in court the last Monday of July 1808 to give evidence. A $100 fine is to be applied if they do not appear. The summons is dated May 13, 1808 and signed by R. Buntin, Clerk and is executed by Samuel Hayes Deputy Sheriff. Cost to serve is listed at $1.93 1/2. A subpoena is issued for Frederick Barger to appear in court on July 27, 1808 to give testimony. He is to be fined $100 if he fails to appear. The subpoena is dated July 26, 1808 with a cost to serve being listed as $1.66 1/2. The subpoena was executed by Samuel Hayes, Deputy Sheriff. A summons is issued for Isaac Miner to come to court now on behalf of William Hogue. A $100 penalty will be fined if he fails to appear. The summons is dated July 18, 1808 by R. Buntin and executed by Samuel Hayes Deputy Sheriff with a cost to serve being listed as 46 1/2 cents. A Replication to Plan Payment is filed and the said William by anything by the said John in his plea above pleaded ought not to be. He states John did not pay him in any said manner and puts himself upon the country. The Replication is signed by Johnson P. Q. and the defendant does the same by attorney Johnson. The jury finds for the plaintiff for the $73 debt and $13.14 in damages. William Berry was foreman of the jury. A cost bill from November 1804 to November 1805 is filed for $15.86, court and Prothonotary $16.70 1/2, attorney fees $2.50, jury fees $3.00, sheriff, $2.78, interest and debt of $38.24 1/2. A cost bill from the General court is filed July 1807-July 1808. a cost bill for the plaintiff is filed for $61.69.
Origin:	2018-04-19
Created By:	Indiana Territory. Court of Common Pleas (Knox County);
Contributor(s):	Decker, Luke; Johnston, James; Leech, George; McClure, Daniel;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/23199
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 Affidavits -- Indiana Territory Bail -- Indiana Territory Bonds -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Costs (Law) -- Indiana Territory Damages -- Indiana Territory Judgments -- Indiana Territory Jurors -- Indiana Territory Land titles -- Registration and transfer -- Indiana Territory Lawyers -- Indiana Territory Oaths -- Indiana Territory Personal debt -- Indiana Territory Pleading -- Indiana Territory Promissory notes -- Indiana Territory Real property -- Indiana Territory Subpoena -- Indiana Territory Summons -- Indiana Territory Verdicts -- Indiana Territory Witnesses -- Indiana Territory Writs -- Indiana Territory Court Records

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