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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 $5.06ΒΌ 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



August Term 1838
Honorable John E. Sumner, Presiding
Edward Lee, Esquire, Sheriff
Summoned for jury duty: John W. Suttle, James Devenport, Hackeney Taylor, Green Rasberry, Bartlet Tate, Joseph Smitherman, James C. Hinds, Madison Yager, Wiley Rucker, Adam Farr, William Burkhalter, George W. Lee, Richard Linds, John Hubbard, William Oakley, Jesse Hayes, William Larrance, James Cutts, Seaburn Hathcock, James Woldan. James Devanport and Jesse Hayes excused.

William Oakley vs Elizabeth Ferguson and Hulet Ferguson - p. 15
Defendants made default. Plaintiff to recover $105 in damages (promissory note) plus costs incurred.

Henry Carleton vs Binjamin Saint Clair - p. 15
Defendant made default. Plaintiff to recover $226.56 in damages (promissory note) plus costs incurred.

Henry Carleton vs Benjamin Saint Clair - p. 16
Defendant made default. Plaintiff to recover $142.10 in damages (promissory note) plus costs incurred.

John Henry vs William Thompson - p. 16
Defendant made default. Plaintiff to recover $80.77 in damages (promissory note) plus costs incurred.

Claiborn Hinds and James C. Hinds vs Absolom Whitehead and James Majure - p. 16
Defendants made default. Plaintiff to recover $57.68 in damages (promissory note) plus costs incurred.

James Cobb, use of Jesse Avery, vs David A. Goodwin and Elijah T. Goodwin - p. 16
Defendants made default. Plaintiff to recover from Elijah T. Goodwin the sum of $65.63 in damages (promissory note) plus costs incurred.

Robert Hill vs John Balden and James W. Davis - p. 16
Defendant made default. Plaintiff to recover $105 in damages (promissory note) plus costs incurred.

William Smith vs James Majures and Joseph Wyatt - p. 16
Defendant made default. Plaintiff to recover of $94.71 in damages (promissory note) plus costs incurred.

Presley Rotenbery vs Charles J. Penick and James W. Davis - p. 17
Defendants made default. Plaintiff to recover $248.50 in damages (promissory note) plus costs incurred.

John A. Bagby vs Benjamin Saintclair - p. 17
Attorney for plaintiff dismissed suit. Defendant assumed the payment of the costs.

Benjamin Williams vs James Acker - p. 17
Defendant made default. Plaintiff to recover $98.54 in damages (promissory note) plus costs incurred.

John D. Forrest, James Morris, and Samuel H. Wilkins vs Samuel H. Cox and Absolom C. Harrison - p. 17
Parties by their attorneys appeared in court. The trial of this suit was continued to the next term.

Ruth Tucker vs Benjamin Sinclair and John Ginnings - p. 17
Defendants made default. Plaintiff to recover $73.50 in damages (promissory note) plus costs incurred.

Abington F. Smith vs Benjamin Davis - p. 18
Jury: John W. Suttle, Joseph Smitherman, Soloman Ward, Hackney Taylor, Green Rasberry, Madison Yager, Wiley Rucker, Bartlet Tate, Aulsey Clements, Walter C. Duff, Charles Clements, John Latham. Plaintiff to recover from defendant and Solomon Johnson, the security, $54.08 and costs incurred.

William Cottingham vs John H. Logan - p. 18
Jury: Richard Lindsey, William Burkehalter, James Cutts, John Hubbard, Adam Farr, William Larrence, Malcomb McQuean, William Frost, John C. D. Trott, Shaddrack Rice, William Oakley and David L. Brown. Plaintiff to recover $66.88 plus costs incurred.

Hiram Hemphill, Esquire, took the oaths prescribed by law as an attorney of court - p. 19

License issued to John A. Bagby to sell liquors in the small measure. - p. 19

John P. Graham vs William Tubb - p. 19
Tubb admitted that he owed Graham $105, principal and interest due on promissory note given to John D. Walker dated 29 March 1837. Note endorsed by John D. Walker to Hardy Averett and transferred by Averett to Graham. Graham to recover from Tubb the sum of $105 plus costs incurred.

Benjamin Camp vs James W. Davis - p. 20
Jury: John W. Suttle, Joseph Smitherman, Soloman Ward, Hackney Taylor, Green Rasberry, Madison Yager, Willy Rucker, George Barrentine, Aulsey Clements, Isaac ______, Charles Clements, and Elisha Cottingham. Jury unable to agree. Court declared a mistrial. Case continued until next term.

John E. Sumners, Judge, Bibb County Courts for the use of John B. Coleman, vs Alexander Hill and Noah B. Coker - p. 20
Plaintiff to recover from defendants the sum of $349.56 plus costs incurred.

Hiram Tenison vs Obediah Matheny - p. 20
Attorney of plaintiff asked that suit be dismissed and he assumed costs.

Ira Cowger/Cowqer vs William Tubb - p. 21
By agreement of the parties the suit was continued until the next term.

James M. Howard vs Thomas Owens - p. 21
Parties represented by attorneys. Plaintiff takes a "nonsuit." Defendant to recover costs expended from plaintiff.

William King vs Benjamin Sinclair - p. 21
By agreement of the parties, suit was dismissed. Defendant assumed the payment of the costs.

Daniel Rayfield vs Shadrack Rice - p. 21
Jury: Richard Lindsey, William Burkhalter, James Cutts, John Hubbard, Adam Farr, William Oakley, William Mullendane, James Hill, Newton Morris, John Clark, John N. Smith.

Jury could not agree-mistrial. Case continued until next term.

William Snipes vs William Russel - p. 22
Plaintiff by his attorney takes a "nonsuit". Defendant to recover his costs from plaintiff.

William Russel vs Newton Morris - p. 22
Parties filed their agreement to dismiss suit and each party to pay his own costs.

Calaway W. Caperton vs Robert W. Carleton - p. 22
Jury: John W. Suttle, Joseph Smitherman, Soloman Ward, Hackney Taylor, Green Rasberry, Madison Yager, Wiley Rucker, Bartlet Tate, Reubin Oakley, John H. Smith, Noah B. Coker, Absolom C. Harrison. Plaintiff to recover from defendant $68.45 plus costs incurred.

John H. Logan vs Thomas Owens - p.23
Jury: John Suttle and 11 others. Plaintiff to recover from defendant $15 plus costs incurred.

Shepherd Deason vs Isaac Horne - p. 23
Jury: Richard Lindsey, William Buckhalter, James Cutts, John Hubbard, Adam Farr, William Larrence, William Oakley, Fedrick James, William Toller, Josiah B. Hall, Michael Mayberry, George Leeth. Jury could not agree-mistrial. Case continued to next term.

William A. McGee, for the use of the Tuscaloosa Manufacturing Company, vs Red___? Bunn/Burn? and James Rogers - p. 23-24
Plaintiff to recover from defendant $57.25 (promissory note).

Peter Harris vs William Davis - p. 24
Case continued to next term.

William S. Elliott, for the use of Daniel H. Hicks, vs Charles Clements - p. 24
Defendant to recover his costs from William S. Elliott.

Robert S. Dwiggins vs Simeon P. Mullendone - p. 25
Jury: John W. Suttle, Joseph Smitherman, Soloman Wood, Hackney Taylor, Green Rasberry, Madison Yager, Wiley Rucker, Bartlet Tate, Reubin Oakley, Noah B. Coker, Absolom C. Harrison.

Defendant to recover his costs from plaintiff.

Robert S. Dwiggins vs Simeon P. Mullendone - p. 25 (Details not given on cases but there are two separate entries)
Defendant to recover from plaintiff his costs.

George Barrentine vs Joshua Creel - p. 25
Case continued to next term.

Anthony Stoutenborough vs Duncan Johnson - p. 26
Defendant made default. Plaintiff to recover from defendant and Jesse Brown, his security in the appeal bond, the sum of $43.76, plus $6.53 it being 15% damages, plus costs incurred.

Jacob Mayberry vs William Thompson - p. 26
Defendant made default. Plaintiff to recover $25.30 plus $1.54 interest due, $3.79 for damages, and costs incurred.

William Smith vs Benajah L. Camp - p. 26-27
Defendant made default. Plaintiff to recover of defendant and John Baldwin, the security, the sum of $48.08, $2.20 interest, $7.20 damages, plus costs incurred.

Alexander Hill vs William Henderson - p. 27
E. W. Peck, Esquire, moved the courts "quash" the case. Defendant to recover his costs from plaintiff.

William S. Benson, adm. of the estate of James S. Benson, vs James Webb - p. 27
Defendant to recover his costs from plaintiff.

William Fryer vs William Henderson- p. 28
Attachment was levied on perishable property. Ordered by court that Sheriff sell the said property and return proceeds of said sale to Court Clerk.

James Miles vs William Henderson - p. 28
Court ordered public auction of crop with proceeds to be returned to Court Clerk.

Thomas Crawford vs William Henderson - p. 28
Court ordered public auction of crop with proceeds to be returned to Court Clerk.

Anthony Stoutenborough vs Robert W. Carleton - p. 29
Court ordered that $23.75 be allowed to "Edward Lee Sheriff of Bibb County to be detained by him out of the monies in his hands in this case" for having cotton levied on to satisfy the judgment in this case.

James W.? Atchison vs John Thomas - p. 29
Plaintiff by his attorney dismissed his suit. Defendant to recover his costs from plaintiff.

The Tuscaloosa Manufacturing vs Joseph George - p. 29
By agreement of the parties, the case was continued until next term.

Elias Benson, Administrator, vs Jonathan Ware - p. 29
Plaintiff to recover from defendant $152.98 in debt plus costs incurred.

 

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