Mary  Ensminger
vs
John  R.  Arnold


Order of Arrest    John Hoop   Sheriff  Shelby County
Box 106     August 1870

State of Indiana         Shelby County SS
            The State of Indiana   to the Sheriff of Shelby County   Greeting:
You are hereby commanded forthwith to arrest  John R. Arnold  and hold him to Bail in the Sum of Three Hundred and nineteen dollars claimed by  Mary Ensminger  in an action brought in the Shelby Circuit Court by Mary Ensminger against him, together with the costs of the Action and to return this Order on the 1st day of the next term of the Shelby Circuit Court, or if a Recognizance is taken there forthwith.
            Witness the Clerk of said Court and the Seal thereof this the 15” day of August 1870 
J. G. Wolf     Clerk            

            Acknowledge by self & Special bail for the within named John Arnold in the action specified in the within Order of Arrest. Witness my hand this ___ day of August 1870.
----------------------------


State of Indiana Shelby County SS
            Whereas the within named Defendant  John R. Arnold, having been arrested on the within order of arrest now therefore, me the said  John R. Arnold as Principal and  Elisha M. Arnold as his Surety enter into this our Recognizance of special bail unto Mary Ensminger the Plaintiff in this action. And hereby acknowledge ourselves bound that the said John R. Arnold shall personally appear before the Judge of the Shelby Circuit Court on the first day of the next term thereof and about the order of said Court in this action.
            August 16” 1870                                               John R. Arnold         Elisha M. Arnold

            Taken and approved by me this 16” day of August 1870                 John Hoop     Shiff S. C.
-----------------------------------------

            Came to hand August 15, 1870, at 10 o’clock a.m. as commanded I have served this writ of arresting the within named defendant John R. Arnold, and taken his recognizance with Elisha M. Arnold as surety for his appearance before the Judge of the next term of the Shelby Circuit Court to answer to the within charge and return this writ with my fees endorsed hereon.
August 16” 1870                  John Hoop     Sheriff S.C.

Mileage       $  1.60
Service 1.00
Bail .75
Return      .25
$3.60


Shelby Circuit Court No. 852
Mary Ensminger   Against  John R. Arnold
Complaint demand $319.00 
Order of Arrest & Bail
Filed August 15, 1870 J. G. Wolf     Clerk

State of Indiana In the Shelby Circuit Court
Shelby County SS                               October Term 1870

            Mary Ensminger complains of John R. Arnold and says that heretofore towit;
On the 24th day of November 1869 the defendant for a valuable consideration by his agreement in writing and agreement being a promissory note of that date promised to pay to the Defendants twelve months after the date thereof the sum of Two Hundred and ninety dollars without relief from the valuation or appraisement laws of the state of Indiana with interest from the date thereof at the rate of ten per cent per annum from the date thereof which not is in the following words and figures towit: $290.00 Nov 29, 1869 Twelve months after date I the subscriber of County of Shelby and State of Indiana promise to pay to the order of Mary Ensminger the sum of Two hundred and ninety dollars for value rendered without any relief whatever from valuation or appraisement laws of the State of Indiana Payable at ten per cent.
Signed John R. Arnold        

            And the plaintiff says that said note is not now due and will not be due until twelve months after the 25 day of November 1860 being on the 30th day of November 1870 that said note will fall due and that the time for the performance of said contract in writing being the same note payment of the demand endorsed by said note has not expired and will not expire until the twelve months after the date of said note demand and that said note will fall due and the time for the payments of said note will expire on the 30th day of November 1870 and the Plaintiff says that the complaint is now issued in Shelby County, Indiana and that the defendant is about to leave the State of Indiana without other preparing or making any provisions for the performance of said interest being the payment of the demand endorsed by said note taking with her property, money & credits subject to execution with interest to defraud the plaintiff and the plaintiff avers that she has filed her application and undertaking herewith according to the Statute. Such case made & produced and she further avers that when said note falls due there will due and owed from the deposed and to her thereon the sum of three Hundred and nineteen dollars and that said demand is wholly unpaid.
            Wherefore the plaintiff demands that an order of arrest and bail directed to the Sheriff of Shelby County Ind be issued & the plaintiff demands judgment for three hundred and Nineteen dollars and all other proper relief.
Mary Ensminger        
By Davis & Love her Attorneys

-------------------------------------

Affidavit

Shelby Circuit Court
Mary Ensminger  VS  John R. Arnold
Box 106 Filed August 15, 1870 J. G. Wolf Clk
State of Indiana In the Shelby Circuit Court
Shelby County SS                               October Term 1870

            Be it remembered that on this 12” day of August A.D. 1870, Before me Jacob G. Wolf Clerk of the Circuit Court within and for Shelby County in the State of Indiana personally appeared Mary Ensminger the Plaintiff in the above entitled cause who being by me duly and legally sworn on her oath says that on the 29” day of November A.D. 1869 John R. Arnold executed and delivered to her his certain agreement in writing of that date whereby he did agree upon value received by him from the affiant to pay her the sum of Two hundred and Ninety dollars twelve months after the date thereof with interest at the rate of ten per cent per annum from the date of said written agreement without any relief whatever from valuation or appraisement laws of the State of Indiana which written agreement in writing is a promissory note and is in the following words and figures
            “$290 Nov the 29” 1869 Twelve months after date I the Subscriber of County of Shelby and State of Indiana promise to pay to the order of Mary Ensminger the sum of two hundred & Ninety dollars for value received without any relief whatever from valuation or appraisement laws of the State of Indiana payable at ten per cent.
(Signed) John R. Arnold    
and that said note is not now due and will not be due until the 30th day of November 1870 and that on said 30th day of November 1870 being twelve months after the date of said note and affiant says that when at the time said note falls due as aforesaid there will be due thereon and owing from said John R. Arnold the defendant to this affiant the plaintiff the sum of three Hundred and Nineteen dollars on said note and the said affiant says that said demand evidenced by said within agreement being the said note is wholly unpaid and the said affiant further says that she has reason to believe and does verily believe that the said John R. Arnold is about to leave the State of Indiana without paying the money owing by him to this affiant on said note or any part thereof and without making any provisions for the payment to this affiant of the money owing to her from him on said written agreement the said note or any part thereof, taking with him the same John R. Arnold property moneys credits subject to execution with interest to defraud this affiant and plaintiff Mary Ensminger.
Mary Ensminger        

Subscribed and sworn to before me this 12” day of August A.D. 1870
                        J. G. Wolf Clerk

----------------------------

Shelby Circuit Court
Mary Ensminger VS John R. Arnold
Undertaking Box 106
Filed August 15, 1870 J. G. Wolf Clk.

 
State of Indiana In the Shelby Circuit Court
Shelby County SS                               October Term 1870

            We Mary Ensminger the Plaintiff and as her surety undertake that the plaintiff Mary Ensminger will pay to the defendant John R. Arnold in the above entitled cause such damages and costs as he shall wrongfully sustain by occasion of this suit.

Mary Ensminger     Andrew Ensminger        
Approved by me this August 15” 1870 J. G. Wolf Clerk

State of Indiana
Shelby County             SS
            Before me Jacob G. Wolf Clerk of the Circuit Court within and for the said County and State personally appeared Andrew Ensminger who being duly sworn says he is over & above his indebtedness the sum of Twenty five Hundred dollars and two Thousand Dollars thereof being in Real Estate.
Andrew Ensminger

Subscribed and sworn to this 15 day of August 1870.
J. G. Wolf Clerk


DISMISSED

Mary Ensminger  VS  John R. Arnold
Box 106    Filed September 5, 1870    J. G. Wolf Clk.
State of Indiana In the Shelby Circuit Court
Shelby County SS                               October Term 1870

            Now comes Mary Ensminger the plaintiff in the above entitled cause and hereby dismisses this suit at her costs the demand herein sued on having been settled. 
Davis & Love Attys for Plff.

Civil Cases Index         Main Page