1838 County Court Minutes

Compiled in July 1993 and submitted by Jacquelyn Cox Otts

I hope these notes will provide clues as to the location of these people during this period of time. I have attempted to keep the spelling of the names as I saw them in the records.

February Term 1838
Honorable John E. Sumner, Presiding
Edward Lee, Esq., Sheriff
Summoned for jury duty: William Clakley (Oakley?), John H. Gandy, Jesse A. Brown, John Thrasher, Alexander Steel, Mark W. Doss, John B. Woods, Stephen Splawn, Lecus Oglesberry, Richard Hicks, Lewis Henendons, John Resinger, Elkanah Belvin, Robert Parker, Nelson Lawrence, John Smith.

Moses Overton vs. Daniel I. or J.? Henderson - p. 1
Plaintiff failed to appear. Plaintiff "nonsuited" by court.

John E. Sumners, Judge of Bibb County Courts, for the use of John B. Coleman, vs Alexander Hill and Noah B. Coker - p. 1
Agreement by parties to continue case until next term.

William Green vs Charles G? McMurray - p. 1
Parties filed written agreement to dismiss suit.

Anthony Stoutenborough vs Robert W. Carleton - p. 2
Plaintiff to recover from defendant $136.24 in damages (the amount due on promissory note) and costs incurred.

Crawford & Hinds vs. Aaron Hinson - p. 2
Defendant made default. Court ordered that plaintiff recover from defendant $130.69 in damages (promissory note) and costs incurred.

Jesse A. or H.? Fulcher, for the use of Abijah Yager, vs William Russel - p. 2
Defendant made default. Plaintiff to recover $77.28 in damages (promissory note) and costs incurred.

Anthony Stoutenborough vs John Baldwin - p. 3
Defendant made default. Plaintiff to recover $109 in damages (promissory note) and costs incurred.

John W. Suttle vs Obediah Matheny - p. 3
Defendant made default. Plaintiff to recover $75.88 in damages (promissory note) and costs incurred.

Hiram Tenison vs Obediah Matheny - p. 3
Case continued until the next term.

Hardy Johnson vs Edmund W. Houghton - p. 3
Defendant made default. Plaintiff to recover from defendant $15.44 and costs.

Parker & Cobb vs Nimrod W. Ware - p. 4
Defendant made default. Plaintiff to recover $70, the debt mentioned in the declaration, together with the further sum of $.64, the damages sustained, and costs of suit.

Parker & Cobb vs Nimrod W. Ware - p. 4
Garnishee George W. Hill indebted to Nimrod W. Ware in the sum of $30. Court ordered plaintiff recover from Hill $30. Since Hill had traveled 50 miles, attended court 2 days, and paid ferriage of $.25, court ordered that Hill be allowed the sum of $4.25 out of the $30 for his attendance in this case.

Parker & Cobb vs Nimrod W. Ware - p. 4-5
Garnishee in this case was William Heflin who was indebted to Nimrod M. Ware for $75. Court ordered that the sum of $75 be condemned. Plaintiff to receive from Heflin $75. Since Heflin had attended court for 2 days and traveled 32 miles, expended $.25 for ferriage, court ordered that he be allowed to keep $3.53 out of the $75.

Parker & Cobb vs Nimrod W. Ware - p. 5
Garnishee in this case was Smith Kellum who was indebted to Nimrod W. Ware in the sum of $15.93_. Plaintiff to receive from Kellum $15.93_. Since Kellum had appeared in court for 2 days, traveled 22 miles, court ordered that he be allowed $3.28 out of the $15.93_ for his attendance as a garnishee in this case.

Parker & Cobb vs Nimrod W. Ware - p. 5
Garnishee in this case was Joshua Johnson. He stated that he was not indebted to Nimrod W. Ware. Since Johnson had attended court for 2 days and traveled 46 miles, and expended $.25 for ferriage, the court ordered that he be allowed the sum of $4.09 and the sums condemned in the hands of the other garnishees in this case.

John W. Suttle vs Elijah T. Goodwin - p. 6
Defendant made default. Plaintiff to recover $86.67 (promissory note) and costs incurred.

Lowe & Pate vs John Dwyer - p. 6
Defendant made default. Plaintiff to recover from defendant's securities John Baldwin and Edward Lee the sum of $59.60 in damages (promissory note) and costs incurred.

Benjamin Camp vs James W. Davis - p. 6
Jury: John H. Gandy, Stephen Splawn, Mark W. Doss, John B. Wood, Jesse A. Brown, William Clakley (Oakley?), John Thrasher, Alexander Steel, John James, Joab Mosley, James Smith and N. Morris?. Jury could not agree on verdict. Parties consented to a mistrial. Case continued to next term.

McGown/McCowan and Conroe/Conrow vs Smith Kellum - p. 7
Defendant made default. Plaintiff to recover from defendant and John Morris, his security in the appeal bond, the sum of $42 and the further sum of $3.78 the damages sustained by the detention of the debt plus cost incurred.

McCowan and Conrow vs Smith Kellum - p. 7
Defendant made default. Plaintiff to recover from defendant and John Morris, his security in the appeal bond, the sum of $41 and the further sum of $3.60 in damages sustained by reason of the detention of the debt and costs incurred.

Shepherd Deason vs Peter M. Chandler - p. 7-8
This day came the plaintiff by his attorney and the attachment having been executed by attaching effects in the hands of Noah B. Coker. the defendant was solemnly called but came not but made default. It is therefore considered by the court that the plaintiff recover against the defendant the sum of one hundred and one dollars and nine cents the sum due on the promissory note specified in the plaintiffs declaration together with his costs about his suit in this behalf expended for which execution may ___. and Noah B. Coker the defendant in garnishee having made his answer as garnishee in this case in open court that he has effects in his hands of the said Peter M. Chandler. To wit one side of ____ leather no. 9-10 1/? lbs one side of sale leather no. 17 - 8 lbs one side of sole leather no. 10 - 8 lbs one side of sole leather no. 11 - 8 1/? lbs one side of sole leather no. 14 - 8 lbs one . . . . It is therefore considered by the court that the said Shepherd Deason recover against the said Noah B. Coker the defendant in garnishee in this case the aforesaid sum of one hundred and one dollars and nine cents the sum recovered against the aforesaid Peter M. Chandler by the said Shepherd Deason as aforesaid together with the costs by the said plaintiff in this behalf expended. provided however that the said Noah B. Coker shall be exonerated from the force and effects of this judgment if he shall in twenty days after the date of this judgment deliver to the sheriff of Bibb County in discharge of himself the property aforesaid and the said Noah B. Coker having stated in his answer as garnishee that John Richardson is indebted to the said Peter M. Chandler in the sum of seven dollars and six and one quarter cents, Martin T? Fuller in the sum of two dollars Moses Leach in the sum of two dollars Enoch Carson in the sum of two dollars and fifty cents Jessee Leech in the sum of seventy five cents and James Bishop in the sum of seven dollars and twelve and one half cents. it is ordered by the court that on the application of the plaintiff that a garnishee _____ against them in this case. from the clerk of this court . . it is also ordered by the court that Noah B. Coker be allowed out of the effects in his hands as aforesaid two dollars and forty cents for his attendance and mileage to be paid by the Sheriff of Bibb County out of the sale of the proceeds of said effects also the further sum of ten percent on the amount of the aforesaid debts due the said Chandler as aforesaid to be paid out of said effects by the sheriff when he collects said debts and not otherwise.

Abington F. Smith vs Benjamin Davis - p. 9
Jury: John Smith, Robert Parker, Lewis Herendon?, John Risinger, Lewis Oglesberry, Richard Hicks, Elkanah Belvin, Nelson Lawrence, John Jennings, Benajah L. Camp, Bailey Reach, and John R. Fulgham. Plaintiff indebted to defendant in the amount of $12.63 and costs.

License issued to sell liquor in small measure to Carr Palmer. Securities Noah B. Coker and James W. Davis - p. 9

James Mahon, John Games, Grace Leeth, and Nancy Leeth, Executors of the Estate of Ebenezer Leeth, vs Robert W. Carleton - p. 10
Jury: John H. Gandy, Stephen Splawn, Mark W. Doss, John B. Wood, Jesse A. Brown, William Clakley (Oakley?), John Thrasher, Alexander Steel, Cumberland Clabaugh, Wilkin Deshazo, John Baldwin and John Evans. Plaintiff to recover against the defendant the sum of $226.86 in damages and costs incurred.

John R. Drish vs Abraham C. Harrison - p. 10
Jury: John Risinger and 11 others. Plaintiff to recover of $728.07 and costs incurred.

John R. Drish vs. James W. Davis - p. 10-11
Jury: John Risinger and 11 others. Plaintiff to recover $728.07 and costs incurred.

James Mahan, John Garner, Grace Leeth and Nancy Leeth, Executors and Executrixes of the Estate of Ebenezer Leeth, deceased, vs. Robert W. Carleton - p. 11
Defendant withdrew his pleas. Plaintiff to recover from defendant $59.33 (promissory note) plus costs incurred.

James B. Clark vs Squire Harpole and Hardy Johnson - p. 11
Defendant made default. Plaintiff to recover from defendants and Thomas Blake, their security in the appeal bond, the sum of $45.60 (promissory note) and further cost of $6.60, 15% damages on the judgment, plus costs incurred.

Abington F. Smith vs Benjamin Davis - p. 11
Plaintiff to recover from defendant and Robert Parker his security, $7.29 (promissory note) and the further sum of $5.06¼ damages plus costs incurred.

Elijah Parnall vs John A. Gandy - p. 12
Plaintiff's attorney dismissed suit and assumed the payment of costs.

James Lockhart for the use of Robert Hill vs. Larkin B. Lawlis - p. 12
Plaintiff to recover from defendant $60.60 (promissory note) and costs incurred.

James MaHan vs Calvin M. Harris - p. 12
Case "quashed".

Brown & Rucker vs Smith & Nall & James Majure - p. 13
Plaintiff to recover from defendants and Joshua Smith their security the sum of $45.48, the sum due on a judgment, and the further sum of $1.93_ for costs due on the execution, plus costs incurred.

Crawford & Hinds vs Asa Perkins - p. 13
Defendant made default. Plaintiff to recover $70.60 (promissory note) and costs incurred.

Moses P. Shropshire vs Hardy Johnson - p. 13
Defendant made default. Plaintiff to recover $1051.50 (promissory note) and costs incurred.

James B. Clark vs Hardy Johnson and Thomas Blake - p. 13-14
Defendants made default. Plaintiff to recover $90.70 (promissory note) and costs.

Robert Rabb use of Bryant Lee, vs Charles J. Penick - p. 14
Defendant made default. Plaintiff to recover $328.60 (promissory note) plus costs incurred.

John J. Crockeran vs Ransom Davis and Robert W. Carleton - p. 14
E. W. Peck, Esq., an attorney for the court, moved to "quash" the execution in this case issued on 13 Oct 1837 because more than a year and a day had passed after the rendition of the Judges before any execution was issued. Court said motion is continued by consent to the next term.

Abington F. Smith vs Benjamin Davis - p. 14
Plaintiff by his attorney moved the court to set aside the verdict and rendition of judgment. Court set aside the verdict of the jury. Case continued to next term of court