James S. Kitchen for the use of
J. S. Hamilton
vs
Roger M. Hartly & Daniel Cross
Box 24
James S. Kitchen for the use of J. & S. Hamilton
VS
Roger M. Hartly & Daniel Cross
Returnable February 4th Thursday of February AD 1842
Box 24
Shff. Fees Serv Sci Fr
37 Trav (1) mile 6 43
No. 14 Fourth
Jan 10 1843
Aug 21 1843
Filed January 10th 1842
S. B. Morris Clerk
Received this writ December 15th 1841 Executing on Roger M. Hartly as within commanded January the 5th 1842Daniel Cross not found
John H. Stewart Shff by J. J. Campbell Deputy
State of Indiana Shelby County SS
The State of Indiana to the Sheriff of Shelby County Greeting:
Whereas on the tenth day of December in the year of our Lord one Thousand Eight hundred and forty one John Morrison Esquire who was on the first day of January A.D. eight hundred and forty and from thence hitherto an acting justice of the peace of said County of Shelby duly commissioned and qualified and legally empowered to render Judgment in this behalf and certify transcripts thereof Filed in this office of the Clerk of the Shelby Circuit Court a Transcript of a Judgment by him rendered as justice as aforesaid which said transcript is in the words and figures following towit:
James J. Kitchen for the use of J. & S. Hamilton VS Roger M. Hartly and Daniel Cross In debt on an appeal bond Demand $67.69 Summons issued to Rodefer on the 19th day of February 1841 returnable on the 27 day of February 1841 at ten o’clock A.M. Returned served by reading on Hartly and by copy on Cross February 23rd 1841M. Rodefer Const.
On this 27th day of February 1841 the day set for trial comes the defendants and confessed Judgment for the full amount of the plaintiffs demand. It is therefore considered that the plaintiffs recover of the defendants the sum of sixty seven dollars and sixty nine cents with interest thereon and cost of suit taxed at 1.36 cents and the defendants in mercy &c.John Morrison J.P.
Ex issued to Rodeffer March 20th 1841 Staid by bail March 27th 1841 M. Rodefer Const.
I, Thomas Carney acknowledge myself security for the payment of the above Judgment and Interest and cost and accruing interest and costs in eight months from the mediation thereof.
Witness my hand and seal this 27th day of March 1841 (signed) Thomas Carny (SEAL)
Alias Ex issued to Conover Nov 16th 1841 who returns this No goods or Chattles could be found in my county to satisfy this execution of any part thereof November 21st 1841J. V. Conover Const
State of Indiana Shelby County SS
I, John Morrison a Justice of the Peace in and for said Township hereby certify the above to be a just full and true transcript of the proceedings had before me in the above entitled cause. Witness my hand and seal December 16th 1841John Morrison J.P. (SEAL)
Which said transcript is recorded in the records of the Shelby Circuit Court in Order Book D Page 112 and so remains of Record and the said Judgment remains wholly unpaid unsatisfied unappealed from unreversed and in full force towit at Shelby County aforesaid and that Execution thereof remains to be done.
You are therefore commanded to summon the said Roger M. Hartly and Daniel Cross to personally be and appear before the Honorable the Judges of the Shelby Circuit Court in the first day of the next term of Court to be holden at the Court House in Shelbyville in and for said County of Shelby on the fourth Thursday of February next then and there to shew cause if any they can and shew why the said James J. Kitchen shall not have execution of the Goods and Chattles lands and tenements of them the said Roger M. Hartly and Daniel Cross for the said sum of Sixty seven Dollars and Sixty nine cents the Judgment aforesaid as also the interest and cost accrued and to accrue therein And have you then and there this writ.
Witness Sylvan B. Morris Clerk of the Shelby Circuit Court and the seal of said Court Hereunto affixed at Shelbyville the 11th day of December A.D. 1841
Sylvan B. Morris ClerkKitchen for Hamilton
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VS
Hartley & Cross
Transcript to bind Real Estate
No. 14th Fourth
Filed Decr 10th 1841 S. B. Morris Clerk
James S. Kitchen for the use of J. & S. Hamilton
VS In Debt on an appeal
Roger M. Hartley and Daniel Cross bond Demand $67.69
On this 27th day of February 1841 the day set for trial comes the defendants and confessed Judgement for the full amount of the plaintiffs demand. It is therefore considered that the plaintiffs recover of the defendants the sum of Sixty seven dollars and sixty nine cents with interest thereon and costs of suit taxed at 1.36 cents and the defendants in mercy &C
Sums .12 ˝ Summons issued to Rodefer on the 19th day of Feb Entrys .12 ˝ May 1841 returnable on the 27th day of February 1841 Judgt .12 ˝ Suba .25 at 10 o’clock A.M. returned Served by reading on Hartley and by Ex .12 ˝ Copy on Cross February 23d 1841 Bond .25 Alias Ex .12 ˝ Trans .37 ˝ W. Rodefer Const
1.50 John Morrison J.P.
Ex issued to Rodefer March 20th 1841 staid by bail March 27th 1841.W. Rodefer Const.
I, Thomas Carney acknowledge myself security for the payment of the above Judgement interest and costs and accruing interest and costs in eight months from the mediation thereof Witness my hand and Seal this 27th day of March 1841
(signed) Thomas Carney (SEAL)
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Alias Ex issued to Conover Novr 16th 1841 who returns this No goods or chattels could be found in my county to Satisfy this execution or any part thereof
November 29th 1841.J. V. Conover Const
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State of Indiana Shelby County SS
I, John Morrison a Justice of the peace in and for said township hereby certify the above to be a just full and true transcript of the proceedings had before me in the above entitled cause.
Witness my hand and Seal December 10th 1841John Morrison J.P. (SEAL)
Contributed by Barb Huff