J. H.  Homberg
&  Frederick  Homburg

vs

Daniel  Michaels

~ ~ ~ ~ ~


Transcript
Homburg  VS  Michaels
Box 25

J. H. & Frederick Homburg
        VS
Daniel Michaels
Filed December 12th 1838 S. B. Morris Clerk

Jacob H. and Frederick Homburg         In Assumpsuit On Account
        VS         Demand $20.00
Daniel Michaels

        Assumpsuit issued to Wood Const. on the 7th day of December 1838 returnable on the 10th instant, at 9 o’clock A.M. returned served by copy December 7th 1838
W. Wood Const.        

        On this 10th day of December 1838 the day set for trial comes the plaintiff but the defendant comes not and it, appearing he has been duly served with process, It is therefore considered that the plaintiffs recover of the defendant the sum of Twenty Dollars, and Costs of suit taxed at 100 cents and the defendant in mercy &c.
Louis Lea J.P.        
Summons 12 ˝
Entry 12 ˝
Judge 12 ˝
Appl Bond 25
Wood on Summons 62 ˝ 

State of Indiana
Shelby County SS: 
            I  Louis Lea  a Justice of the Peace for the County aforesaid do hereby certify the above to be a Just full and true transcript of the proceedings had in the above Entitled case before me as appears on record.
            Witness my hand and Seal this 12th day of December 1838 
Louis Lea     Justice of the Peace (SEAL)         

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

Bond

Daniel Michael To J. H. & F. W. Homburg 
Filed December 12th 1838 L. Lea J.P. S. B. Morris Clerk

            Know all men by these presents that we Daniel Michael and William R. Matthews both of Shelby County State of Indiana are held and firmly bound unto Jacob H. Homburg and Frederick W. Homburg of the county aforesaid in the sum of Forty Dollars for the payment of which well and truly to be made and done we bind ourselves, our heirs, Executors, and administrators jointly severally, firmly by these present sealed with our seals and dated this 12th day of December 1838. The condition of the above obligation is such that whereas the above bound Daniel Michael has this day appealed to the Shelby Circuit Court from the Judgment of Louis Lea a Justice of the peace for said County lately rendered in favor of the said Jacob H. and Frederick W. Homburg against him the said Daniel Michael. Now if the said Daniel Michaels will prosecute his said appeal with Effect and costs in case Judgment be given against him in the said Circuit Court then the above obligation is to be void and of none effect otherwise to be and remain in full force and virtue in law.
                    Daniel Michael  his X mark
W. R. Mathews     (SEAL)                                                            

Signed and sealed in my presence and approved by me this 12th day of December 1838.
Louis Lea     Justice of the Peace    

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

Subpoena

Shelby Circuit Court
Homburg VS Michael
Returnable 3rd day of April Term 1839
            Executed as within Commanded April the 17th 1839
John H. Stewart Shff. S.C.


Daniel Michael Dr to Jacob H. & Frederick W. Homburg
            For medical services & medicines in 1837 and 1838 $20.00
Shelbyville October 4th 1838

State of Indiana, Shelby County SS:
            The State of Indiana to the Sheriff of Shelby county Greeting;
You are hereby commanded to summon  John Griffith  to personally be and appear before the Judges of the Shelby Court on the Third day of their next term, to be holden at the court house in Shelbyville on the Fourth Monday of February instant to testify on behalf of the Plaintiff in a certain cause therein pending between J. H. & F. W. Homburg plaintiff and Daniel Michael defendant, and herein they may not fail at their peril. Have you then there this writ.
Witness, Sylvan B. Morris, Clerk of said Court, this Eleventh day of April 1839
Sylvan B. Morris Clerk                


Transcribed by Barb Huff

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