Samuel  Hill
vs
John Commiskey,
Samuel Chance
and
Daniel Hinds





~ ~ ~ ~ ~ ~ ~

Shelby County Indiana

Samuel Hill
                     vs            Sci Fa

John Commiskey
Samuel S. Chance &
Daniel T. Hinds

Returnable 4th Monday of February 1845

No 6 - 4 Day

60.10
Interest $ 7.05
Cost $ 5.91
Amt $73.06

Mayhew Atty for Pltff


- page -

I have executed this Sci fa on the said Samuel L. Chance as I am within commanded by reading on the 13th day of February 1845.
Alexander Miller
Sheriff

Sheriff Fees
Serving & Return .37
Mileage               .75
                         1.12

- page -

State of Indiana )
Shelby County SS ) The State of Indiana to the Sheriff of Shelby County, Greeting:

Whereas heretofore to wit: on the nineteenth day of June AD 1844 Samuel Hill filed in the Office of the Clerk of the Shelby Circuit Court a Transcript of a Judgment from the Docket of Simeon H. Rhorer Esq. which said Judgment was transferred from the Docket of William F. Morgan Esq. who was on the third day of March in the year 1843 an Acting Justice of the Peace duly commissioned and qualified and still continued as such Justice from thence until the 9th day of April 1844 and the said Simeon H. Rhorer Esq was on the 21st day of October in the the year 1843 and from thence hitherto an Acting Justice of the Peace duly commissioned and qualified and legally empowered to transfer said Judgment from the Docket of the said William F. Morgan Esq. to that of his own and to certify Transcript thereof which said Transcript duly certified and signed by the said Simeon H. Rhorer Esq. Justice as aforesaid is in the words and figures following to wit:

Samuel Hill
vs
John Commiskey, Samuel L. Chance & Daniel T. Hinds

Assumpsit
Demand $60.109

Promissory note filed and issued on March 3, 1843 to Simeon H. Rhorer Constable returnable the 11th day of March 1843 at 12 O'clock, who returned served on John Commiskey and Daniel T. Hinds by copy and on Samuel L. Chance by reading on the 7th day of March 1843. Simeon H. Rhorer Constable

And now to wit, on the 11th day of March 1843 One Oclock P.M. comes the plaintiff but the defendant though called Come not. It is therefore considered that the plaintiff recover of the Defendant Sixty dollars and ten cents with costs of suit.
William F. Morgan J.P.


Fi Fa issued March 11th 1843 to H. Rhorer Constable.
My office has expired March 8th 1843 S. H. Rhorer Constable

handed to S. L. McFadden: Fi Fa returned March 11th 1844. No property found in my said county of said Defendants subject to Execution. S. L. McFadden Constable


State of Indiana
Shelby County ss) I Simeon H. Rhorer a Justice of the peace for said county do hereby certify that the above is a full and complete Transcript of the proceedings had on the above cause and that the Docket from which the above cause is transferred is now legally in my possession. Given under my hand and seal this 14th day of June 1844. 
Simeon H. Rhorer [seal]
Justice of the peace

Which said Transcript is duly Recorded among the Records of the Shelby Circuit Court in Order Book D on page 526, and so remains of Record. and the said judgment remains wholly unpaid unsatisfied unappealed from unreversed and in full force, to wit at the County aforesaid. 

You are therefore hereby commanded to summon the said Samuel L. Chance to personally be and appear before the Judges of the Shelby Circuit Court on the first day of their next term to the holder at the courthouse in Shelbyville on the fourt Monday of February 1845 then and there to shew cause of any he has or can shew why the said Samuel Hill shall not have Execution of the goods and chattels lands and tenements of him the said Samuel L. Chance for the said sum of sixty dollars and ten cents. and the interest thereon as also the costs and accruing costs thereon. And have you then there this writ.

Witness Jacob Vernon Clerk of the Shelby Circuit Court and the seal thereof hereto affixed at Shelbyville the 3rd day of January AD 1845.
J Vernon
Clerk
~~~~~~~~~~~~~~


Samuel Hill
vs Sci Fa
John Commiskey
Samuel S. Chance
Daniel T. Hinds

Returnable 4th Monday of August 1844

No. 21 third Day
Box 31
Filed August 16th 1844
J. Vernon Clk
by J Baker Depty

Served 13th Feb 1845

Received this writ July 2d 1844 P M

Executed this writ as within commanded upon John Commiskey & Daniel T. Hinds. By Reading August 1st 1844 Samuel S. Chance is not found. I therefore Return this writ this 16th day of August 1844. Apollo Kinsley [illegible]

State of Indiana)
Shelby County ) The State of Indiana to the Sheriff of Shelby County
Greeting,
Whereas heretofore to wit: On the nineteenth day of June A.D. Eighteen hundred and forty four Samuel Hill filed in the Office of the Clerk of the Shelby Circuit Court a Transcript of a Judgment from the Docket of Simeon H. Rhorer Esquire which said Judgment was transferred from the Docket of William F. Morgan Esq. who was on the third day of March in the year Eighteen hundred and forth three an acting Justice of the peace duly commissioned and qualified and still continued as such Justice from thence until the ninth day of April A D Eighteen hundred and forty four, And the said Simeon H. Rhorer Esq was on the twenty first day of October in the year Eighteen hundred and forty three and from thence hitherto an acting Justice of the peace duly commissioned and qualified and legally empowered to transfer said Judgment from the Docket of the said William F. Morgan Esq. to that of his own and to certify Transcript thereof which said Transcript duly certified and signed by said Simeon H. Rhorer Esq Justice as aforesaid is in the words and figures following to wit.

Samuel Hill 
vs
John Comiskey, Samuel L. Change & Daniel F. Hinds

Assumpsit
Demand $60.10

Promissory note filed and issued on March 3rd 1843 to Simeon H. Rhorer Constable returnable the 11th day of March 1843 at 12 o'clock who returned served in John Commiskey and Daniel F. Hinds by copy and on Samuel L. Chance by reading on the 7th day of March 1843. Simeon H. Rhorer Const and now to wit on the 11th day of March 1843 one o'clock P.M., come the plaintiff but the defenants though called come not. It is therefore considered that the plaintiff recover of the Defendant sixty dollars and ten cents with costs of suit March 11th 1843. William F. Morgan J.P. Fi Fa issued March 11th 1843 to S. H. Rhorer Constable. My Office has expired March 8th 1843 S. H. Rhorer Constable handed to S. L. McFadden Fi Fa returned March 11th 1844 No property found in my said County of said defendant subject to Execution. S. L. McFadden Constable

State of Indiana)
Shelby County ) I Simeon H. Rhorer a Justice of the peace for said County do hereby Certify that the above is a full and complete Transcript of the proceedings on the above cause and that the Docket from which the above cause is transfered is now legally in my possession. Given under my hand and seal this 14th day of June 1844. 
Simeon H. Rhorer [seal]
Justice of the peace

which said Transcript is duly recorded on the records of the Shelby Circuit Court in order Book D, on page 526 and so remains of record, and the said Judgment remains wholly unpaid unsatisfied unappealed from unreversed and in full force To Wit: at the County of Shelby aforesaid.

You are therefore hereby commanded to serve on the said John Commiskey, Samuel L. Chance and Daniel T. Hinds to personalty be and appear before the Judges of the Shelby Circuit Court on the first day of their next term to be held at the Couthouse in Shelbyville on the fourth Monday of August 1844 then and there to shew cause if any they can shew why the said Samuel Hill shall not have Execution of the goods and chattels lands and tenements of the said John Commiskey, Samuel L. Chance and Daniel T. Hinds for the said sum of sixty dollars and ten cents and the Interest thereon as also the cost and accruing costs thereon. And have you them there this writ. Witness Jacob Vernon Clerk of the Shelby Circuit Court and the seal thereof hereunto affixed at Shelbyville the 2nd day of July A D 1844.
Jacob Vernon Clerk

Samuel Hill
vs
John Commiskey
Et Al


Recorded in Book D
page 526

Filed June 19th 1844
J. Vernon Clerk
by J. Baker Depty.

Transfered from William F. Morgans Docket page 346

Samuel Hill Vs )
John Commiskey )
Samuel L. Chance )
& Daniel T. Hinds ) Assumset Demand $60.10
Prommissory note Filed and issued on March 3rd 1843 To Simeon H. Rhorer Constable returnable the 11th day of March 1843 at 12 o'clock who returned served on John Commiskey and Daniel T. Hinds by copy and on Samuel L. Chance by reading on the 7th day of March 1843.
Simeon H. Rhorer Constable
And now to with on the 11th day of March 1843 one O'clock P M came the plaintiff but the defenants though called came not it is therefore considered that the plaintiff recover of the defendants Sixty dollars & ten cents with costs of suit March 11th 1843.
William T Morgan JP

Fi fa issued March 11th 1843 to S. H. Rhorer constable my office has expired August 8th 1843 S. H. Rhorer Constable Handed to S L McFadden Fi fa returned March 11th 1844 no property found in my said County of said defendents subject to execution.
S L McFadden Constable


William F Morgan JP Costs    $100
Justice Rhorers Costs               110
Constable Rhorers Costs       $3.44
Do S L McFaden Costs             37-1/2


State of Indiana )
Shelby County ) I Simeon H Rhorer a justice of the peace for said County do hereby certify that the above is a full and complete Transcript of the proceedings had on the above cause and that the docket from which the above cause is transfered is now legally in my possession. Given under my hand and Seal this 14th day of June 1844
Simeon H. Rhorer [seal]
Justice of the peace
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Transcribed by Antoinette Waughtel Sorensen
February 5, 2004

Notes:  Samuel Chance and Daniel Hinds married Cecelia and Phebe Commiskey (respectively), daughters of John Commisky.  Shortly after this time period, Samuel and Cecelia left for Oregon, Daniel and Phebe moved to Jasper Co, IL, and John died here in Shelby Co.  If you have any information on any of these families, please let me know. - PMF

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