Boyer, Louis vs Vitalle Boucher

Boyer Louis vs Vital Bouchey

Description:	A detinue for a black stone horse between 3 and 4 years old and near 14 hands high with a white face is ordered of Captain Buntin on the 4th day of the term with damages of $100 is filed on May 19, 1813. The detinue is signed by William Prince. A summons is issued for the Sheriff who is commanded to bring Vital Boucher to court the 4th day of the present term of May Instant to answer unto Louis Boyer in a plea of trespass for detaining a stone horse 3 or 4 years old and near 14 hands high with a white face. He is also being charged damages of $100. The summons is witnessed by R. Buntin on May 19, 1813 and executed by P. Beckes with cost to serve being $.46 1/2. A summons is issued for the Sheriff of Knox County to bring Pierre Querrie Jr., Jean Bte. LaPlante and Charles St. Germain to court to give evidence on behalf of Louis Boyer, plaintiff against Vital Boucher, defendant. A $100 penalty will be applied for failure to appear. The summons is witnessed by R. Buntin on 25 July 1813 with the cost of court being $1.21 1/2. The summons is executed by B. Beckes with William Prince as P.Q. During the April Term of 1813 a complaint is filed by Louis Boyer of Vital Boucher in custody. He states that Louis Boyer on April 1, 1813 at Vincennes was in possession of a black horse between 3 and 4 years old about 14 hands high with a white face with both his head feet white nearly to the hocks and branded on the left side buttocks with P. B. valued at $100 that Louis Boyer says received into his hands the 1st day of April 1813 and has failed to return the horse. The complaint is signed by William Prince P. Q. Vital Boucher responds by his attorney John Johnson and defends the wrong and injury when he says that he does not unlawfully detain the said horse in the declaration mentioned of the plaintiff in the manner and form complained of and he puts himself upon the country per J. Johnson attorney for the defendant. Vital Boucher asks the court to petition to interrogate Louis Boyer and Pierre Bono and demand of them just and true answers upon their oath. He wants to ask if the horse is now in possession of Pierre Bono before April 1, 1813. He also asks of him if he did not sell the horse to him the said Boyer after having lost the horse now in dispute and in my possession. And also did not they bring suit before Elihu Stout? He also asks of him what was the judgement on the said case and was not the defendant Boucher given favor over Bono. The document is signed by Vital Boucher by his attorney B. J. Johnson. A Subpoena is issued for Laurent Boucher, Pierre Querrie Jr. and Charles St. Germain to come to court the 3rd Monday of August, instant to give evidence on behalf of Vital Bouche, defendant on a suit of Louis Boyer plaintiff. A $100 penalty will be issued for nonappearance on August 17, 1813. The subpoena was issued by B Beckes, Sheriff with cost to see being $121 1/2. A deposition is filed on Elihu Stout. Who under his seal of the judges of the Vincennes Court is to give testimony on the 3rd Monday of August, instant. He is to give information on a deposition concerning the case of Louis Boyer and Vital Boucher, defendant so that it maybe entered into evidence on August 12, 1813. The document is signed by R. Buntin, Clerk. A subpoena for Francois Cascanette to come to court and give evidence on behalf of Vital Boucher is filed. He will be charged a $100 penalty if he does not appear. The subpoena is filed August 17, 1813 by R. Buntin, Clerk. B Beckes executed with subpoena with a cost to serve being listed as $.46 1/2. Elihu Stout by a dedimus directed to him from the Court of Common Pleas of Knox County takes the deposition of Charles St Germain on Saturday August 14, 1813 on a matter of controversy in the court where in Louis Boyer, plaintiff, and Vital Boucher, defendant, who has been deposited and saith that some time in the last winter he thinks in the month of January last he the despondent Pierre Bono and Pierre Querrie were at the edge of the Wabash with 2 horses harnessed for the purpose of drawing a canoe from the Wabash River side of Laurence Bazadons. They were trying to pull the canoe from the ice up hill with the horses belonging to Pierre Bono. They could not draw the canoe up the bank at the time. Vital Bouche came by and stated that his horses could do the job. P. Bono made a bet with Bouche. Bono said that his gray mare could pull the canoe up the bank and if it did not then Bouche could take the mare. The bet was that Bouche would surrender a horse to Bono if his horses failed to pull the canoe out of the ice and up the hill. Bouches horses could not pull the canoe out and lost the bet. During the deposition Bono is asked if he knows who the black horse belonged to in question. He stated that it belonged to Boyer. He is asked by the court if he knows if Bono had any claim to the horse and he states he doesnt know that. He states that Boucher, Bono, Querrie and himself (St. Germain) were present at the event. He states he (St Germain) was present when Bono paid for the horse in the amount of $25 and had seen the horse previously in the woods. He also states that he saw Bono give the $25 to the wife of Boyer. He also states that he was present at the trial between Bono and Boucher that was presented before Elihu Stout. He swears all this testimony before Elihu Stout on August 14, 1813. An order for Captain Buntin to issue a Facias for Boyer vs Boucher and White vs Beckes is issued September 19, 1813 by William Prince. A subpoena for Francois Cascanette to appear before Judges in the Court of Common Pleas to give evidence on behalf of Vitalle Bouchey at the suit of Louis Boyer is filed. A $100 penalty will be charged if he fails to appear. The subpoena is filed August 17, 1813 by R. Buntin, Clerk with the cost to serve being $.46 1/2. The subpoena was executed by Be. Beckes, Sheriff. A cost of court document is filed for May 19, 1813-August 1813 in the amount of $17.18 1/2.
Origin:	2018-09-21
Created By:	Indiana Territory. Court of Common Pleas (Knox County); Indiana Territory. Circuit Court (Knox County);
Contributor(s):	Decker, Luke; Westfall, Abel; Beckes, Benjamin;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/25723
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Costs (Law) -- Indiana Territory Damages -- Indiana Territory Depositions -- Indiana Territory Horses -- Indiana Territory Judges -- Indiana Territory Lawyers -- Indiana Territory Mares -- Indiana Territory Personal property -- Indiana Territory Petitions -- Indiana Territory Personal debt -- Indiana Territory Scire facias -- Indiana Territory Subpoena -- Indiana Territory Wabash River Writs -- Indiana Territory Canoes and canoeing -- Indiana Territory Summons -- Indiana Territory Court Records

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