McGowen, John vs. Jesse and Samuel Dougherty 1809

McGowan, McGowin, McGown, John vs. Jesse, Jessey, and Samuel Daughert, Daugharty

Description:	This file contains the documents related to the suit John McGowen brought against Jesse and Samuel Dougherty for a plea of Trover and Conversion of a horse. During the July Term of 1807, Gen. W. Johnston, attorney for McGowen filed a complaint that stated in September 1806, he possessed an iron or dappled grey horse about 14 1/2 hands high, 4 yeas of age with 3 white feet and 2 white saddle marks of the value of $60. He lost the horse and stated that Jesse and Samuel Dougherty are now in the possession of the horse. He has asked for its return and they have refused. He will prosecute and asked for $150 damages. McGowen put in Gen. W. Johnston as his attorney in this suit. The Defendants plead not guilty and put themselves on the country. By his attorney, the Plaintiff put himself on the mercy of the country. By their attorney, John Johnson, the Defendants filed a demurer. R [Robert] Buntin, Clerk CPKC issued Summons for Jesse and Samuel Dougherty to appear in court the last Monday of July 1807, to answer to a pleas of Trover and Conversation by John McGown and damages of $150. The Summons was executed by James Crow for P [Parmentas] Beckes, Sheriff with $1.92 added as court fees. Five Subpoenas were filed for Samuel Drake, George Robertson and wife, and William Daugherty. They were to appear at the Court of Common Pleas on behalf of John McGowen during the November 1807,March 1808 ,July 1808, and March 1809 Terms. The Subpoenas were issued by R [Robert] Buntin, Clerk, CPKC and executed by James Crow, D.S. On the back of the March Term 1809 Subpoena, not found in my bailiwick. James Crow, S. Sheriff. Robert Falls and his wife were also Subpoenaed to appear on behalf of John McGowen in the suit against Jesse and Samuel Dougherty. They were to appear during the November 1807, March 1808, and July 1808 Terms. Samuel Hay and James Crow executed these documents. William Elliot was Subpoenaed to appear on behalf of John McGown during the Mach 1809 Term. This was issued by R [Robert] Buntin, James Crow D. Sheriff, could not find in his bailiwick. A writ was issued by R [Robert] Buntin for a Deposition of George Robinson by Justice of the Peace in Knox County in Shawnee Town. on September 12, 1808. According to the Minute Book of the Knox County Court of Common Pleas pgs 53, 81, 102, 110, 125, 147, and 173; The parties appeared by their attorneys and on the motion of the Defendants asked for a continuance for an absent witness. P 81, the Plaintiff by Gen. Johnston, made a motion of continuance and the Defendants by John Johnson asked to go to trial. P. 102, Emanuel Ensmenger was sworn in. On a motion of the Plaintiff ordered a Dedimus to take a Deposition of George Robinson and wife at the Shawany [Shawnee] Town before the justices of the peace. P, 110, the Parties appeared by their attorneys on a motion of the Defendants for a leave to withdraw their plea. Having heard the arguments the court granted them leave and ordered the Plea on 1st Rule Day in the Clerks Office. P. 125 on motion of the Plaintiffs attorney, to amend this writ as to correspond in Clerks Office. P. 173 the parties appeared by their attorneys. The Plaintiff made a motion to have a continuance, The court ordered the cause to be tried. On a motion by the Plaintiffs attorney, the Plaintiff will no further prosecute. It was ordered that the Defendants do recover of the Plaintiff their costs and charges of the suit. Also noted was that Isaac Montgomery claims and made an oath that he attended 8 days as a witness on the part of the Defendants and Robert Falls claimed 9 days as a witness for the Plaintiff.
Origin:	2018-05-08
Created By:	Indiana Territory. Court of Common Pleas (Knox County);
Contributor(s):	Decker, Luke; Leech, George;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/23636
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Court records -- Indiana Territory -- Knox County Depositions -- Indiana Territory Horses -- Indiana Territory Judges -- Indiana Territory Judgments -- Indiana Territory Personal property -- Indiana Territory Horses -- Indiana Territory Trover and conversion -- Indiana Territory Summons -- Indiana Territory Subpoena -- Indiana Territory Court Records

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