Hogue, William vs. Thomas Melton

Description:	The file contains the documents related to the suit William Hogue brought against Thomas Melton for a plea of Trespass and damages for $150 in the Court of Common Pleas in 1808-1809. On September 23, 1808, in an Affidavit, William Hogue appeared before Jas. Johnson and swore an oath that Thomas Melton was indebted to him for the sum of $30.00. Johnson then ordered the clerk to endorse bail for that sum. On September 24, 1808, R [Robert] Buntin, Clerk, CPKC, issued a Summons for the sheriff to take Thomas Melton and have him at the Court of Common Pleas the last Monday in November to answer unto William Hogue on a plea of trespass and damages of $150. On the verso side of the Summons: tax paid , the sheriff will exact appearance Bail for thirty dollars by directions of Judge per affidavit filed. The Summons was executed by Samuel Hayes, D. Sheriff. Appearance bail posted by John Small. $1.69 was added as court costs. On September 28, 1808; Thomas Melton and John Small posted appearance bond before John McCandless. They posted $60.00 to insure that Thomas Melton would appear in the Court of Common Pleas the last Monday of November 1808 to answer to William Hogue on a plea of Trespass. During the November Term 1808, a Complaint was filed by Johnston, the attorney for William Hogue. It stated that Thomas Melton had become indebted to Hogue for $150.00 for goods, wares, and merchandizes. Added to the Complain was a notation that Thomas assumed upon himself and promised Hogue to get out mortice and put up on the farm of Henry VanderBurgh, Esq. near Vincennes eighty panels of post and rail fence when ever requested in a workmanlike manner. On the verso side of the Complaint, the Defendant by his attorney said he did not assume in the manner alleged and put himself on the mercy of the country. The Plaintiff did the same. Hogue put in Gen. W. Johnston as his attorney in this suit. March 12, 1809, R [Robert] Buntin, Clerk issued a Subpoena for Henry Smallwood to appear in court the third of March instant on behalf of Thomas Melton. On the verso side of the Subpoena, not time to serve this John McCandless, D.S. According to the Minute Book of the Knox County Court of Common Pleas 1807 - 1810; during the March Term, the parties appeared by their attorneys. The Defendant asked for a continuation for want of a material witness, Henry Smallwood. A dedimus was issued to take a deposition from Smallwood in Kentucky. John Small appeared for Melton and stated he would pay and satisfy if a condemnation occurred. During the July Term 1809, a jury was impaneled consisting of Henry Mills, Robert Mosley, John Milburn, James Skidmore, Robert Philpott, John Hatton, Wrexham Ellis, John Reel, Philip Amy [Almy]. The jury found for the Plaintiff twenty-five dollars in damages. On a motion by the Plaintiff, he asked for Judgment. It was ordered that the Plaintiff recover of the Defendant his damages together with costs and charges of the suit.
Origin:	2018-05-30
Created By:	Indiana Territory. Court of Common Pleas (Knox County);
Contributor(s):	Johnson, James; Leech, George;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/24018
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 Bail -- Indiana Territory Contracts for work and labor -- Indiana Territory Court records -- Indiana Territory -- Knox County Damages -- Indiana Territory Depositions -- Indiana Territory Depositions -- Kentucky Fences -- Indiana Territory Judges -- Indiana Territory Judgments -- Indiana Territory Jury -- Indiana Territory Personal debt -- Indiana Territory Summons -- Indiana Territory Subpoena -- Indiana Territory Court Records

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