McComb, John vs Alexander and John McCarty

McComb, John vs Alexander and John McCarter

Description:	A summons is issued to the Sheriff of Knox County to take Alexander McCarty and John McCarty before the judges of the Court of Common Pleas the third day of May next to answer unto John McComb in a plea of trespass on the case to the said damage of John McComb in the sum of $500 on April 16, 1813. The summons is signed by R. Buntin, Clerk. P. Beckes deputizes Henry Gilham to serve the summons. Jonathan Johnson, plaintiff for the defense. Robert Buntin states there is an affidavit filed against the defendant. The defendant is justly indebted to the plaintiff in the sum of $183. Therefore bail is required for that sum. Henry Gilham, Deputy Sheriff, states that the summons was executed but that Alexander McCarter and John McCarter could not be found. John Small provided bail. The cost to serve is listed as $1.69. A writ is issued April 16, 1813 during the July term of 1813. The issued capias in the case was with damages of $500 for John McComb vs Alexander McCarty and John McCarty and witnessed by Robert Buntin, Clerk. On April 16, 1813 John McComb came before Luke Decker, Judge of the Court of Common Pleas of Knox County and made an oath that he verily believes that Alexander McCarty and John McCarty are justly indebted to him the sum of $183. D. Price entered himself as security for all costs which may occur according to law in the above cause on the part of the plaintiff. J. Johnson witnessed the document. Alexander McCarter and John Small of Knox County in Indiana Territory are firmly bound unto Parm Beckes, Sheriff in the full sum of $366 lawful money of the U. S. on the 12th of May 1813. The conditions of the bond is that Alexander McCarter does appear before the judges of the Court of Common Plea on the third Monday in May to answer unto John McComb in a plea of trespass on the case with damages of $500. Henry Gilham was witness to the document which was signed by Alexander McCarter and John Small. During the Court of Common Pleas May 1813, John McComb by John Johnson his attorney complains of Andrew McCarty and John McCarty which said Alexander McCarty by the Sheriffs return on the capias ad respondeum found in this cause is in custody. The said Sheriff having returned the said capias did not found as of John McCarty in a plea of trespass on the case. Where as in October in the year 1812 in Knox the said John McComb was possessed of a large field of standing corn ripe and fit for pulling and cribbing in the area of Big Prairie. 11 acres of one quarter estimated to contain 60 bushels of good corn to the acre and being possessed of a discourse and it was discussed between the defendant and plaintiff that they should gather, husk and crib the said field of eleven acres and 1/4 quarter of corn for the 4th bushel or for 1 bushel out of four and the said defendant also agreed to gather husk and crib the 3/4 of said corn that is 3 bushel out of 4 in a crib and secure the same from damages and take good and special care of the same for the plaintiff in consideration that the defendant should receive every 4th bushel of the whole amount for their trouble and expenses. The plaintiff states that the defendant failed to uphold their agreement at a cost to him of $500 damages plus they were delivered 600 bushels of corn that they promised to pay for but have failed to do so. The value of the corn was at $500 and have continued to do so at a damage of $500. The complaint is signed by J. Johnson, attorney for the plaintiff. On the reverse a note that a copy of the complaint was delivered to the defendants attorney William Prince at a cost of $1.50. Witness for the plaintiff was Daniel Martin and John Edgenton. A summons is issued to the defendant by the Sheriff of Knox County. He is to summon William Gray and Daughtery, in the Big Prairie before the Court of Common Pleas at Vincennes the third Monday next to give evidence on behalf of Alexander and John McCarty defendants at the suit of John McComb, plaintiff A $100 penalty for each if they do not appear. The summons was issued July 29,1813 and witnessed by Robert Buntin. The cost to serve is $.75, 26 miles $1.56 and a return writ $.09 for a total of $2.40. The summons was executed on William Pierce. James and Joseph Shaw defendants were not found. A plea and interrogatory was filed during the August Term of 1813. The said Alexander McCarty by William Prince his attorney comes and defends himself and pleads not guilty and he states that the said corn belonged to a widow lady that he now thinks deceased and if not deceased why hasnt she filed against him. If dead has the administrator legally taken cost out of the estate? And who are the administrators he prays John McComb can answer his questions. The plea was signed by William Prince, attorney for Alexander McCarty. The state of Ohio, Warren County files a statement. Enos Williams personally comes before a justice of the peace and gives testimony to the following interrogations on behalf of John MComb for evidence on the trial in Knox County Court of Common Pleas. He states that the corn belonged to a widow woman named Betsy Worthington. He states that Betsy is very much alive but her husband Joseph Worthington is not. John McComb and Henry Miller are duly appointed executors. Duly affirmed and subscribed on September 21, 1813 Enos Williams, Justice of the Peace. The document is signed by John McComb. On the reverse of the document David Sunon, Clerk of the Warren Co. Ohio Court of Common Pleas does certify that this Enos Williams Esq. is an acting justice of the Warren Co. Ohio Court of Common Pleas. The document is dated October 14, 1813. A subpoena is issued to the Sheriff of Knox County to summon William Gray and Daughtery, in the big prairie both rangers if found and bring them to court the third Monday of November next on behalf of Alex and John McCarty, defendants at suit of John McComb, plaintiff on a plea of trespass. $100 penalty if they fail to appear. The document is dated October 25, 1813 with R. Buntin, Clerk as witness. The cost to serve being $1.64. The Subpoena was executed B. V. Beckes. A subpoena for the plaintiff is issued to the Sheriff of Knox County. He is commanded to bring William Pierce, James Shaw and Joseph Shaw to court the third Monday of November next to give evidence on behalf of John McComb, plaintiff against Alexander and John McCarty, defendants on a plea of trespass. A $100 penalty for nonappearance will be applied. Robert Buntin, Clerk served as witness on October 25, 1813. B V. Beckes, Sheriff states that execution was served on two as James Shaw was not found. The cost to serve is listed as $2.94. A subpoena to the Sheriff to take Daniel Martin and John Edgenton to court the third Monday of November instant to give evidence on behalf of John McComb, plaintiff, against Alexander and John McCarty, defendant, on a plea of trespass on the case. A $100 penalty for nonappearance will be applied. The subpoena is dated November 1, 1813 and was executed by B. V. Beckes, Sheriff with cost to serve listed as $264. A cost bill for the May Term 1813 to November Term 1813 is filed for $34.35.
Origin:	2018-10-11
Created By:	Indiana. Court of Common Pleas (Knox County);
Contributor(s):	Decker, Luke; Westfall, Abel; Beckes, Benjamin; Williams, Enos;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/25946
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 Bonds -- Indiana Territory Breach of contracts -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Contracts for work and labor -- Indiana Territory Costs (Law) -- Indiana Territory Damages -- Indiana Territory Depositions -- Indiana Territory Executors and administrators -- Indiana Territory Judgments -- Indiana Territory Lawyers -- Indiana Territory Personal debt -- Indiana Territory Subpoena -- Indiana Territory Summons -- Indiana Territory Trespass -- Indiana Territory Witnesses -- Indiana Territory Writs -- Indiana Territory Court Records

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