Elbert County GaArchives Court.....Sandridge , Claiborn  November 1805
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File contributed for use in USGenWeb Archives by:
Chandler Eavenson http://www.genrecords.net/emailregistry/vols/00030.html#0007294  January 17, 2010, 8:19 pm

Source: Elbert Co. Superior Court Minutes 1809-1816
Written: November 1805
Recorded: November 18, 1805

Civil Action - Georgia, Elbert County) In the Honorable the Superior Court to 
be held in and for the county aforesaid The petition of Claborn Sandridge 
sheweth that he hs sustained damage from one certain Samuel Higginbotham of 
the county of Elbert and State aforesaid to the amount of five ____ for that 
whereas the said Samuel Higginbotham on the eighteenth day of March eighteen 
hundred and five at the house of Samuel Higginbotham deceased in the county 
aforesaid with force and ______ with Sticks Swords Canes Clubs and fists did 
make an assault upon your petitioner and _____ then and there without any 
probable cause whatever beat wound strike and evil treat insomuch that his 
life was greatly endangered and almost ____ of against the peace of the State 
and to the damage of your petitioner five hundred dollars, whereupon your 
petitioner prays process may issue requiring the said Samuel Higginbotham 
personally or by his attorney to be and appear before the Honorable the 
Superior Court to be held in and for the county of Elbert on the third Monday 
in April next then and there to answer your petitioner in this action of 
trespass vi___  amis.  Signed P. Naylor for plaintiff....Georgia, Elbert Co., 
To the Sheriff of said county Greeting (in the case of Claiborn Sandridge 
vs.Samuel Higginbotham for trespass, the defendant Samuel Higginbotham is 
hereby required personally or by his attorney to be and appear before the 
Honorable the Superior Court to be held in and for said county on the third 
Monday in April next there to answer the plaintiff in an action of trespass 
vi__amis to his damages five hundred dollars on default thereof, the court 
will proceed thereon as to justice shall appertain Witness the Honorable 
Charles Tait Judge of said court the 18th Nov 1805. William Woods, Clerk. 
Served the 18th Nov 1805, William Woods, clerk. [Pleads] not guilty and puts 
himself upon the county. October term 1806, in case of Claborn Sandridge vs 
Samuel Higginbotham for trespass, Jury finds for the plaintiff two hundred 
dollars with costs.. Jos. White, Tell. In this case Walton Harris attorney for 
defendent being dissatisfied with the verdict comes into court and prays an 
appeal and John S. Higginbotham and  Reuben Lindsay came into court and 
acknowledge ____security upon the appeal that the said Samuel Higginbotham 
shall pay the ___ ___ money or that they will pay it for him. W. Harris, 
attorney for defendant. Special Jury stricken and sworn consisting of Barnet 
Jeter, Dozier Thornton, Peter Wyche, Wm. H. Tait, Arch. Jarratt, Joel Doss, 
Arch. Stokes, Moses Haynes, Tho. Bibb, Mat Williams, James Manning, Peerson 
Duncan.  Verdict, we find for the respondent (Claborn Sandidge) Ten Dollars 
and cost of suit. Signed B. Jeter, Fell. Whereupon it is considered by the 
court that the respondent recover of the appellant (Samuel Higginbotham) the 
sum of eighteen dollars sixty two and a half cents for his cost in this behalf 
___ and expanded and the appellant in money. Signed Augustus L. Clayton, 
Respondents Atty. April term 1809, W. Woods, Sir, you will please pay over the 
amount of the judgment in this case to Lewis Phipps and oblige, May 18, 1809, 
signed Claiborne Sandidge.. Received of Wm. Woods, Clerk, ten dollars in full 
of the judgment C. Sandridge vs Saml. Higginbotham agreeable to the written 
order the 24 June 1809 signed Lewis Phipps.  

Additional Comments:
Since Samuel Higginbotham, deceased, had passed away in 1803, the Samuel 
Higginbotham being sued here is Samuel Higginbotham, Jr., son of the Samuel, 
deceased. What finally happened to Samuel, Jr. or when or where he died is 
unknown. Claiborne Sandidge was married to Jane Higginbotham, daughter of the 
elder Samuel, and Claiborne had previously sued the Administrators of Samuel 
Higginbotham's estate, generally claiming he had been treated unfairly by them 
in the administration of the estate.

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