Taylor County GaArchives Deed.....Court Minutes, Superior - Court Minutes, Superior 1856 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Virginia Crilley http://www.genrecords.net/emailregistry/vols/00003.html#0000642 November 10, 2004, 3:05 pm Written: 1856 April Term 1856 pg 208 Superior Court meet agreeable to adjournment. Present Edmund H. Worrill, Judge presiding. List of Grand Jurors empaneled and Sworn Wiliam R. Miller Geroge J. Hays Williams Spears Nathaniel Spears Bartley McCrary Thomas R. Gates William H. Grier Lawrence Walker J.D. Mitchell Henry N Duke David P. Bates Thomas G. Blackman S.H. Dwight Ezekiel Royal Enoch Garrett John H. Grace David F. Shine Thomas D. Brand Wm H. Griffeth James Thompson William H. Miller Williams Montgomery J.L. Summerly PETIT JURORS Sworn John W. Cox Allen Pridgen (Marshall Moulton) crossed out James Revil Robert Bird Abraham Wainright James R. Hays J.A. McCrary Levin Vinson (William P. Whttington) crossed out Cornelius Bradley Sinclair Streetman John Turner John Theus John A. Childs Mathew Bulger J.T. Dwight P.H. Proctor Amos Rogers Willis Whatley Abner Adkins Woodard Barnes John T. Davis Benj S. Griffeth Warren Barefield Empson Miller, having been removed from this Jurisdiction by virtue if an act of the last legislater to the County of Marion, it is ordered by the court that all the cases in this county in which Empson Miller is defendant be transferred to the Superior Court of the County of Marion and the Court is hereby directed to transmit all connected with said cases and exmemplfy all the proceedings therein to the Superior Court of said County of Marion. Dennis Perkins vs John W. Wright Judgement to plantiff $454.00 pg 209 William W. Wiggins vs Samuel P. Corbin judgement to plt'f $144 N.C. Newmon vs John F. Harmon Judgement to plt'f $341 Kinchen, L. Worthey vs Frederick West TRESSPASS We the jury find for the plnt'f $150. Thomas G. Blackman, Foreman The Bank of State of Georgia vs Mary Moore RULE NISI for foreclosure It appearing to the court that rule nisi was duly issued and served upon said defendant, but no objection being files, rule nisi should be made absolute. That the pln'f recover from defn't $11,150 with interest from March 1, 1854 and levied on property described previously for foreclosure. pg 210 Whatley vs Montgomery Admin Comes complaint and suggest the death of James M. Montgomery the Administrator of Reubin B. Davis and respondant in this suite. It is ordered that William L.H. Mathews be and he is hereby fined $10 for a contempt of this court. It appearing that R.H. Daniel and Benjamin Prichard, members of the Petit Juror, for the April Term, being called by Sheriff have failed to appear; Ordered that they be fined $10. Young S. Joiner John Joiner, Pl'ff in fi fa vs John Hobbs, defendant in fi fa Agreed to transfer to appeal Isaac Stanford vs Samuel Montgomery We the jury find for the pl'f $36 John S. Allen vs Samuel P. Corbin George L. Rosin vs Samuel P. Corbin Both cases transferred to the appeal John Doe on the several demurs of Sherrod S. Adkins and John Victorys vs Richard Roe casual Ejector and Wm Ann Johnson Tenant in possession Jury find in favor of defn't. Wm L. Vinson, Foreman Jonathan Thomaston vs Joshua Tennison & James D. Tennison Confess judgment to pl't $188.38 The State vs Appleton Brooks Assault & Intent to Murder True Bill The State vs Robert W. Wells Assault & Battery True Bill The State vs James McRight James Bullard Calvin Grant John Willis ASSAULT & Battery True Bill Zechariah B. Trice vs William R. Miller ASSUMPSIT judgement to pl'f $719.00 Benj F. Newsome vs Owen Johnson and Samuel Johnson and Ann Eliz Johnson It appearing to the court that all defendants are minors, ordered that Caleb Lindsey, Guardian act in the above cases in their behalf. Application of Eralbut W. Miller that James Layfield, former Sheriff of said county, did on the 1st Tues Dec last, at the court House door in Butler did publish for fi fa, the 1071st G.M. district, in favor of Eralbut W. Miller against Joseph Johns, the north half of lot of land #195 in the 12th originally Muscogee, now Taylor, as the property of said Johnston and that said applicant, Eralbut W. Miller, being the highest and best bidder of tract was knocked off to him, and a deed made by Sheriff Layfield. The said Eralbut W. Miller according to the statute in such cases made and provided for said land and it further appearing that Layfield Sheriff went out of office without putting him in possession of said land. Court ordered Joseph Johnson to shew cause by next term of Court why William Wiggins, the present Sheriff, should not put him the said Eralbut W. Miller in posession of said land. The State vs Emiline Brand ASSAULT WITH INTENT TO KILL True Bill The State vs Edmund a man slave, the property of Jaems Montgomery MURDER True Bill The State vs Absalom Coursey STABBING True Bill The State vs Edmund a negro slave, the property of James Montgomery Jury Sworn: Antony Lavender, Richard Montfort, John T. McCullen, Peter T. Montfort, Edmund Stewart, John Q. Adams, John G. Parks, Uriah Wilson, Sinclair Streetman, John Theus, John T. Dwight, William S. Vinson We the jury find the def't guilty. Edmund Stewart, Foreman Indictment: Ordered that said Edmond be taken hence to the common jail of said county where you shall be safely and securely confined until Friday, the 16th day of May 1856 when on said day by the sheriff or his lawful deputy. You shall be taken from said jail and conveyed out to a gallows erected by said Sheriff not less than half of one mile and not more than one mile from the Court House in said county when upon said gallows by the said Sheriff or his lawful deputy betwen the hours of ten o'clock in ofrenoon and two o'clock in the afternoon , you shall be handed by the neck by a cord to be furnished by said sheriff until you are dead. Delila Branham vs Roberson H. Branham LIBEL & DIVORCE Jury find sufficient proof referred; authorize a total divorce. April 9, 1856 Jourdan Wilchar vs Thomas A. Walden judgement to pl'f $50 James S. Wiggins vs Henry Joiner and John Joiner Security. Judgement for plt'f $150 with interest and cost with 10% damages for frivilous appeal and judgement for the pl'f. pg 214 The State vs Walton Buckhannon and Gamel Daniel ASSAULT & BATTERY True Bill The State vs Stephen Dickerons Malicious Mischief True Bill Johnathan P. McCrary vs Lewis Robinson judgement for pl'f $210 The State vs James Hesters Archibald Hill, a witness, resided outside the county at the time of his attendance to the court. Ordered Treasurer to pay Hill $17 for his attendance. To Wm D. Elam, Dr. Horse & Buggy 1 1/2 days at $3.00 and $1.50. Ordered that County Treasurer pay. State of Georgia upon the relation of Benjamin F. Newsome vs the Justices of the Inferior Court Jury find for pl'f $562. John Hudson vs Mahala Hudson LIBEL FOR DIVORCE Jury find sufficient proof...authorize a divorce. Moyer & Butt vs Jacob Parr Dismissed Confession to costs to defendant pg 215 William H. Willis, complainant vs John McDonald and Eldridge C. Butt Bill for discovery and relief. Verdict and decree by the special jury. William R. Miller, George F. Hays, William Spears, Bartley McCrary, Thomas R. Bates, William H. Grace, Lawrence Walker, J.D. Mitchell, H.N. Duke, T. Blackman, Nathaniel Spears, and S.H. Dwight We the special jury, find that on the settlement of accounts between complainant and John McDonald, the sum of $1654.50 is due from the said McDonald. Pinkney Jones vs Mary Jones LIBEL FOR DIVORCE Authorize a total divorce. William R. Miller, Foreman Bryant Jones vs Bethena Jones LIBEL FOR DIVORCE Authorize a total divorce. Wm R. Miller, Foreman John Doe ex dem George Eason & George W. Darden vs Richard Roe casual ejector and Royal H. Daniel Tenent in possession Jury finds for defendant and cost of suit. Wm R. Miller, Foreman pg 216 Sarah Redmond, wife of James M. Redmond. by her next friend, John T. Brown vs William Mitchell, Administrator of Wiley Womack, deceased deft. Bill for discovery and relief. On the filing of defendant, it appears to the court that Rhondania Mitchell, late widow of the said Wiley Womak, deceased and formerly adminsitrix of the said intestate, ought to be made a part defendant to said bill. So ordered. She is required to answer the same on or before the first day of the next term of court. Johnathan Thomaston vs Joshua Tennison of Taylor County and James D. Tennison of Marion County judgement for pl'f $188.38. Paid costs and brings David Beeland as security for Appeal. William A. Skellis vs James T. Rousseau COMPLAINT FOR RENT. Judgement to pl'f $90. APRIL 10, 1856. W.S. Wallace for deft Jacob Pare vs John O'Neal Certiorari Ordered certiorari dismissed and be allowed to proceed with his fi fa Determined that the defendant, John O'Neal do recover of pl'f Jacob Pare the sum of $2.50. pge 217 N McBain & Co vs Catherine Cannon Confess judgement to pl'tf $46.42 Charles Bess vs George Knight certiorari Certiorari heard and sustained. Judged by the plantiff in cetiorar reason fo def't Charles Bell the sum of $2.55. Calvin & Brown vs John A McCrary Judgement to pl't $109 Nelson Nailor vs Wm L. Yarbrough judgement to pl'ft $100 Stephen Howell vs David P Bates, John C. R. Lockheart, Julius Lockheart Judgement to pl'f $225 John W. McCullers vs Mary McCullers LIBEL FOR DIVORCE Authorize a full divorce Moyer & Butt vs Jacob Pare Debt platif having discontinued and failed to prosecute. Dismissed The State vs Nathan M. Rogers Jury impanneled and qualified to try him and demands his trial in this term of court. pg 218 State vs James Hesters Witness on the part of the State, resided without the limits of said county. Ordered to bay to A.J. Hobbs $10 for his attendance. Richard Montfort vs Wm L. Mitchell Attachment Appears a certain horse other certain articles of a perishable nature have been levied on. Therefore ordered that officer having said horse and goods in his possession proceed to sell the same in accordance with statutes, and proceeds fo said sale be deposited with the clerk of Superior Court John Doe in the division of George Eason vs Richard Roe casual Ejector & Royal H. Daniel Tenant in possession On motion of pl'f's attorney it is ordered the relation in the above cause be and the same is hereby ordered by inserting a demiseo from Geoge W. Darden All parties having consented, ordered that the call of the appearance dockett of this term be dispensed with and parties defendants have leave to file please excet such as are required by statue to be filed at the term (within five months from the adjournment. John Gardner vs Samuel P. Corbin The def't at this term of court to consolidate two cases. Postponed until tomorrow. David Carter vs Thomas Walling Ordered that two cases be consolidated and pl'f pay all extra cost. Pay to James Wilchar, $6.00 for furnishing jury dinner. Excuse of W.L.H. Mathews for not appearing and being sworn as a jury is fully sufficient. Fine imposed on said Mathews be remitted. pg 219 Sarah Redmon by her next friend John T. Brown vs William Mitchell, Adm of Wiley Womack dec' John T. Redmond Ordered to be set for trial for next term of court Gideon Newsome vs William Cott Ordered by Court that complaint have leave to amend his bill by inserting therein the within Amendment with leave to defendants to demur plead or answer. William Mathews vs William W. Corbitt judgement to pl'f $113.81 State vs Newton Mulkey - True Bill State vs Elizabeth Brand - True Bill State vs Stephen Dickerson - Malicious Michievous & True Bill State vs Thomas Edwards, William Ellison, Charles Cobb, John Hollis and James Vincent - True Bill State vs A.M. K. Swift and William O.G. Ruggles - True Bill State vs George McDowell - True Bill State vs John L. Bozeman - Assault State vs John Willis & John Joiner Ordered that County Treasurer pay J.A. & F.S. Rucker $6.95 for chairs for the use of the Court House out of any money in the County Treasurer. Thadeous Oliver Solicitor Gen of this circuit having left the court, it is ordered that Benjamin F. Ruse be and he is hereby appointed Solictor pro tem to prepare indictments and other business of the State. Ordered that County Treasure pay James Layfield $10.62 in the case of Augustus McKenzie charged simple servicing and jail fees included as per account. pg 220 State vs Joseph Tadlock Misdemeanor - True Bill State vs John B. Wright - Gaming House - True Bill Appearing John Brown served 5 days as bailiff; John Hericks five days and one night five days and two night, Thomas Cameron five days; William Anderson five days; William [Teal] one day; James Layfield five days and 3 nights. Ordered: John Herick, John A. Hamilton, William Anderson $2 for each day's service and James Layfield one dollar for each day and night John Brown, Thomas Cameron and William Teal $1 each per day. Pay J.C. Cozart $5.60 David P. Bates was a Grand Juror at the April Term of Superior Court and having been intoxicated and absented himself from attendance on the jury and court, it is ordered that he be fined $50 for so doing. April 12, 1856 Zachariah Trics vs Wm R. Miller judgement $719.45 Davis Castleberry vs Robert Scandrett Bill for discovery, relief and injunction The motion to dissolve the injunction in the above case having been argued it is decreed and ordred by the Court that the Injunction therein to the same is hereby dissolved and that the action at law proceed. pg 221 Clayton Whittington vs William Summerall Ordred that injunction on above case be dissovled on the ground that the Equity in said bill has been fully sworn off by the answer of said def't and it is ordered by the Court that said cause at law now proceed. Columbus W. Wade vs Elizabeth Goodale Possessing Warrant in Taylor Supreme Court Upon hearing the above case, it is ordered by the court that the clerk issue a writ of possession to Columbus W. Wade for the east half of Lot of Land #92 in the 15th District Taylor County directed to the Sheriff or his deputy...and provided that the said Columbus W. Wade do receive of the said Elizabeth Goodall the sum of $4.35 to cover cose and charges in this behalf laid out and expense. State of Georgia Upon the relation B.F. Newsom vs Justices of Inferior Court Rule Nisi on appeal in Taylor Superior Court & verdict & Motion for new trial It is hereby agreed on the part of both the counsel for the plaintiff and def't that plt'f counsel need not make out a brief of the documentary testimony delivered upon the trial of said case upon the above stated application for a new trial but that reference may be had to the interrogatories and depostion of file and which were read on the trial of the same except such parts of said Interrogatories and answers treated as were rules out by the court. Grounds for new trial: 1st Because said verdict is contrary to law 2nd Because the same is contrary to evidence 3rd Because the same is against the right of evidence and said justices by the counsel having agreed upon a Brief of the evidence had on the trial of said cause. It is ordered that said Brief be filed with the Clerk of the Court as a part of the record, and def't to shew cause at next term of court why a new trial should not be granted. Grice & Wallace, Deft' attorney pg 222 Your petitioner, in charge of Sarah, Michael, David E., William and Marthah Wells, children of Tavniena Wells, that he as such Trustee owns a parcel of land in said county which he desires to sell and they being unrepresented in said court, your petitioner prays that David Lawson may be appointed Guardian ad Litum of said children. Marshall B. Brown pre G.P Culverhouse att at law Ordered that David Lawson be appointed Guardian to represent them in this cause. Believing that the sale of the half lot #138 in 15th District of said County belonging to Marshall P. Brown as Trustee for Sarah, Michael, David E., William and Martha Wells, children of Taverna Wells would be for the benefit....same may be sold. David Lawson Marshall P. Brown shoews to your Honor that by a deed executed by Edmund Worrill in the year 1853, he was appointed Trustee for Sarah Ann Wells, Michael Wells, David E. Wells, William Wells and Martha Wells, minor and children of Tavina Wells and his wife, Rachel Wells. That since the appointment to said trust said Rachel Wells has died and her husband, Taverna Wells has moved to the state of Alabama carrying said minor children to the state of Alabama. Your petitioner shows that the property conveyed to him is a lot of land in Taylor #138 in 15th dist originally Muscogee, now Taylor shows that it is to the advantage of said minors that said lot of land be sold and the proceed thereof be reinvested for the benefit of said minors and your petitioner prays to grant him authority to sell said land and reinvest the proceeds. Allen J. Owen, Sol Gen The facts entered in my my Solicitor, are true. Marshall P. Brown So ordered. Edmund Worrell John S. Davison vs Nancy Batchelor Rule Nisi Mortgage Petitioner John S. Davidson states on the 15th day of April 1854, Nancy Batchelor made and delivered to John S. Davidson her certain promisory not beraing the date aforesaid, whereby she promised on or before the 25 day of Dec next after the date, to pay $102. On said date to secure the payment of said note, gave to John S. Davidson her deed of morgage - south half of Lot #157 in 13th dist and second section of said county, 100 acres, conditioned that Nancy Batchelor should pay off. Shown that the note is unpaid. Rule to be published in Columbus Enquirer once a month for 4 months or a copy thereof served on the said Nancy Batchelor. pg 224 Whereas John Hudson of said county hath appeared in open court alledges that Nancy Battle, Francis Battle, Sarah Battle, Ann Battle, Tilman Battle and Martha Battle, illegitmate children of Nancy Battles of said county are his children, and prays that thier names be changed to that of Nancy Hudson, Francis Hudson, Sarah Hudson, Ann Hudson, Tilman Hudson and Martha Hudson and they be amd cupupable of inheriting from him the said John Hudson in as full a manner as if they had been born of him, the said John Hudson in lawful wedlock. So ordered. List of Grand Jurors drawn for OCTOBER TERM 1856 A.M. Rhodes Thomas Walling Enoch T. Collins J.B. England John Brown Jacob Pare S.W. Rogers Stephen Murray M.T. Brown Edmund Stewart A.M. K. Swift W.O. G. Ruggles Joseph Riley Caleb Lindsey Thomas H. Brown Jerry C. McCants Thomas Umphries (Humpries) Samuel P. Corbin Jesse Stallings Robert P Hays Joseph Sheriden O.B. Walters E.C. Butts N.W. Buckhannon J.W. Hays James M. Thompson J.T. Riley H.H. Long D.A.J. Willis C. Hamlin Alex L.N. Wilson J.W. Beckley J.H. Winchell J.P. Rosseau James A. Rucker Zach Wadkins PETIT JURORS - October Term 1856 Thomas Binum Isom Jones W.T. Lawson Benj F. Frasier William Nelson Elias Forsee Roland Mullins Perry Watson A.J. Ricks Joseph Johnson Turner Wallace Wm Downing John Jones Josiah Rhodes J.W. Adkins Daniel Sells Owen Barfield Edmund C. Shurley Jacob Thompson Wm Mulkey J.M. Harris Jesse Glover Wm Turner J.N. Felwood W.W. Foy Nathan M. Rogers Wm H. Fennel Wm A. Brand L.H. Adkins Laban Shepherd Lewis Hill B.C. Posey page 226 We the Grand Jury submit the following: We find the Jail in a very bad and unsafe condition and recommend the Inferior Court to adopt such measure and appropriate such funds as are necessary to make it safe. We find the Court House in an uncomfortable condition and recommend the Inferior Court to have the seats in the different apartments to be made and cushioned in a cheap and comfortable way say in the Grand Jury and Petit Jury rooms the benches to be 18 or 20 inches wide and cushioned as named above; to have two tables made 3 by 5 feet with a drawer to each table and a lock and key to each drawer; to have a plain cheap secretary made and placed in each of the clerk's offices; to have one dozen common split or leather bottom chairs for the use of the court; to have sufficient locks and keys put to the doors and place the keys in hands of the Sheriff and request him to keep the house in a more neat and orderly condition. We recommend the Inferior Court to have a bridge built on Patsaliga Creek on the road leaving Prattsburg to Tazewell and instruct the court to call on Talbot County to pay its proportional part towards the construction of the same; to have a bridge built on Patsaliga Creek on the River Road leading the Agency to Reynolds; to build a bridge on Little Patsuliga Creek at McCrary's; to repair or rebuild a bridge known as Walker's Bridge on Cedar Creek; to extend the bridge called Hill's bridge on White Water by attaching one arch to each end. We suggest to the Court that Mitchell's Ferry Road leading from Daviston through Daviston District is badly obstructed and needs clearing out. We recommend the Inferior Court to pass an order to locate from the district near the Steam Mill , the road leading from Butler to Reynolds to interact the River Road at Town's quarter and that the Court take into consideration of the roads in general in the county. We recommend the Inferior Court to assess a tax of 25% on the State Tax for a poor school fund. We also recommend the Inferior Court pass a tax of 25% on the State Tax for County purposes. We recommend the Inferior Court to asses a sufficient tax to allow the Petit Jurors of Taylor County $1.50 a day for services. We have examined the books of the clerk of the Superior Court and find them in the most neat and orderly manner and highly appreciate his care and attention in the discharge of his office. The books of the Clerk of the Inferior Court kept in a very neat and commendalbe way. We have examined the Treasurer's books- they are all in good order and we find in his hands the sum of one thousand seven hundred and forty two dollards and thirty five cents. We give the account of Ordinary Books as follows: Amount of Poor School for 1855 Received of State $125. Balance on hand for 1854 $332.27. Received from Tax Collector $200 $58.27 commission off $770 accounts filed 11.112 days at 5 cents $555.10 leaves $83.44 number of poor children for 1855 where 194 for 1854 were 250. We allowed Charles A Loyd, Tax Collector $154.77 that amount being returned on insolvent list. Before taking leave of your Honor, we desire to express our thanks for the kind and courteous manner in which you have paid us attention and given us information. We also tender our thanks to the solicitor general for his attention on this body. We request that these presentments be published in the Colubus Enquirer and Georgia Telegraph. Wm R. Miller,Foreman; William H. Griffeth, Thomas R. Gates, Nathaniel Spears, Henry N. Duke, James Thompson, Enoch Garret, David F. Shine, Wm H. Miller, John D. Mitchell, William Montgomery, Bartley McCrary, John S. Summerly, Thomas D. Brand, George J Hays, Serrenoe H. Dwight, Ezekial Royal, John H. Grace, Thomas G. Blackman. We the Grand Jury of Taylor County deem it proper to present to your Honor, David P. Bates, for absenting himself from our body on Monday evening without leave from our body or from your Honor and has remained absent from that time during this time of court. William R. Miller, Foreman pg 228 OCTOBER TERM OF COURT 1856 Edmund H. Worrill, Judge presiding A List of Grand Jurors sworn at this time. A.M. Rhodes Thomas Walling Enoch F. Collins John B. England Jacob Pare W.P. Brown Wm G. Ruggles Joseph Riley Thomas H. Brown Jerry C. McCants Thoams Humphries Joseph Sheriden E.B. Watters E. C. Butt Henry H. Long T.J. Riley, Foreman C. Hamlin A.L. Wilson J.W. Bickley Jas H. Winchell Z K Wadkins PETIT JURORS Thomas Silas Nathan M. Rogers Joseph Johnson Luke Johnson Laban Shepherd Perry Watters Thomas Wilson Jesse Glover Henry Theus Wm W Hays Josiah Rhodes Lewis Hill John A. Cameron James Garrott Daniel Sells Henry Pullen Thomas Bynum Zachariah Hamilton L.H. Adkins Owen Barefield John Adkins Wm H.Fennel N.W. Nelson Burry C. Posey John Doe on the several demises of Susannah Cook et al vs Richard Roe causal ejector & Clayton Whittington, Tenant. We the Jury find for the pl't the premises in dispute. Thomas J. Riley, Foreman A.M. Rhodes, Enoch F. Collins, John B. England, M.P. Brown, Joseph Riley, Jerry McCants, Joseph Sheriden, C. Hamlin, AL Wilson, JW Bickley, ZK Wadkins G.R. Hunter vs G.M Davis and J.D. Beall judgement to pl'tf $109 Oct 6, 1856 W. W. Corbitt Danforth & Naggle vs W.W. Corbitt judgement to pl't $62.75 pg 229 J.N. Carter vs Wm H. Greer We find the cost of suit only against def't and that he has paid principal and interest in the case. John W. Adkins, foreman Thomas C. Dempsey vs Charles Hamlin judgement to pl'f $271.13 Pleasant R. Phillips, Ex of Henry H. Lowe dec vs Joseph Hollis judgement to pl'tf $750 principal; $161 interst and cost of suit. Anne R. Dennis vs Charles J Jinkins judgement to plat' $48 Green Huff Beanr vs John C. Lockheart judgement to pl'tf $570 C.F. Fickling vs John R. Lucus & Martha K. Lucus judgement to pl't $51.13 James Taylor vs John T. Persons & Joseph Hobbs judgement to pl'tf$200. Lick Ansley vs W.W. Corbitt judgement to pl'tf $37.51 Moses Desseau vs John Walker & Augusta Walker We the jury find in favor of def't the cost of suit. Nathan M. Roger, Foreman McCrary & Hamilton vs William Mulkey judgement to pl't $31.37 pg 230 Corbert & Brother vs H.H Horton & Joshua Tennison Jury finds for pl'tf $656 John W. Adkins, foreman Caldwell Neely & Co vs Wm H. Griffeth, maker C.J. Jinks, Endor judgement to pl'f $90.51 Davis Castleberry vs Persons Walker judgement to pl'f $54.56 Davis Castleberry vs Joseph J. Walton judgement to pl'f $ Smith I. Pruden vs Annias W. Martin judgement to pl'f $89.36 Frances E. Bacon vs Wm H. Griffeth judgement to pl'f $80.76 Davis Castleberry vs Robert Scandrett. Bill for Discovery , relief & injunction The injunction in the above cause having been disposed at the last term of this court and the demursion of the chnacelor having been taken by write of errot to the Supreme Court of this state for the comtion, and the said court having at its last sesson at Macon affirmed the decision on motion of Miller and Hosley, solicitors for the def't, it is ordered that the remittance affirming the decision be entered on the minutes of this court. page 231 Sarah P. Redmond by her next friend John S. Brown vs Wiliam Mitchell Adm of Wiley Womack and James M Redmond It appearing to the court that James M. Redmond in case def't acknowledge service of the bill and has failed to answer the same according to the rules of court it is ordered by the court that said Bill be takened for confessed and that this order be entered on the minutes of the court. Uriah P. Crawford vs Thomas Walding judgement to pl't $31.20 Claghorn & Cunningham vs Persons Walker judgement to pl'f $49.16 Edward Hopson vs John Parks judgement to pl'f $521 Oct 7, 1856 Lewis Hills vs Ezekiel Royal We the jury find for pl't $318.52 Henry H. Long, foreman A.M. Rhodes, Thomas Walling, Enoch F. Collins, Marshall P. Brown, Thomas H. Brown, Jerry C. McCants, Joseph Sherdin, Charles Hamlin, A.L. Wilson, J.W. Bickley, Z.K. Wadkins The petitioner, Andrew J. Smith and Charles B. F. Hudson shows unto your Honor that they have been engaged in the study of Law and deem themselves qualitied to practice therein in the several courts of law and Equity. We certify that we are acquainted with Charles B. F. Hudson and Andrew J. Smith and that they are persons of good moral character. Mark H. Blanford, Levi B. Smith Whereas Charles F. B. Hudson and Andrew J. Smith and Edwin Moise have made application to this court for leave to plead and practice...examined....therefore ordered that they be admitted to all the priviledges in the several courts , except the Superior Court. Daniel Royal vs Augustus L. Edwards, maker William Bryan Endorser judgement to pl'f $782.83 William Stallings vs Wm W. Foy judgement to pl'f $63.35 J.H. and H.J. Weekes vs Thomas H. Brown judgement to pl'f $52.37 E.C. Butt vs A.L. Edwards & Williamson and Wright judgement to plf' $42.81 J.A. & F.S. Rucker vs Thomas A Walden judgement to plt $41.26 Wm W Brown vs Jacob Pare judgement to pl't $50 J.A. & F.S. Rucker vs J.R. Hudson - Henry Joiner judgement to pl't $40 Joshua Hall vs Henry N. Duke judgement o pl't $120 pg 233 Aretus Turner vs Jackson P. Pollershull judgement to pl'f (blank) William Hubbard vs George W. Potter Agreed to be transferred to appeal State of GA, Macon 2nd Dist Thursday 10 July 1856, The Honorable Supreme Court met perusant to adjournment. Present heir Honors Joseph Henry Lumpkin, Charles J. McDonald, and Henry L. Benning, Judges. Davis Castleberry vs Robert Scandress This case came before the court upon a transcript of the record from the Superior Court of Taylor and after argument had it is considerd and adjudged by the court that teh judgement of the court below be affirmed. Bill of cost int & carried judgemtn 375 Re precess 100 opino 350 Remitter 125 Sheirff 125 Total $1075 Supreme Court of Georgia, Macon Jan Term 1856. I certify that the above is a true abstract taken from the minutes and that Wm W. Corbitt paid the cost as atty for pl'f in error. Robert E. Martin, Clerk The State vs Alexander M.K. Swift Assault & battery We the jury find the def't guilty of an assault and battery. Wm Hays, Foreman Joseph Johnson, Perry Watson, Thomas Wilson, Josiah Rhodes, Lewis hill, Jamaes Garret, Thomas Bynum, Zachariah R Hamilton, Owen Barefield, John W. Adkins, Luke Johnson. Levi B. Smith & thomas J. Shepher, Exec vs John C Lockheart judgement to pl't $77 pg 234 The State vs AMK Swift Assault & Battery. Verdict guilty. Whereas the de'ft has filed his Bill of exemption to remove the above case to the Supreme Court and has also given bond and security for the payment of the eventual cost. it is ordered that the judgement be hereby superceded and supsended until after the determination of the said case by the Supreme Court Stephen Dickson vs James M Willis judgement to pl't $177.87 Stephen Dickson vs John C. R. Lockheart judgement o pl't $492 Hay & Jolly vs James M Freeman judgement to pl't $42. W.T. Rogers vs J.C.R. Lockheart & W.J. Sears judgement to plt'f $225.62 Levi B. Smith & Thomas J. Shepherd Exec vs John A. McCrary Bartley McCrary judgement to pl'f $1685 pg 235 Wm G. Peters vs John G. R. Lockheart judgement to pl't $64.20 F.H. Murdock vs John S. Brooks Jury find for pl't $182.28. John W. Adkins, Foreman Ewell Webb vs S.P. Corbin Jury find for pl't $667.95 L.B. Smith, Exe of Charles L Smith vs Wm S. Johnson plat'f having closed testimony, it was on motion of the atty for the def't. ordered that the said pl't be nonsuited on the grounds that by his testimony he has shown no title to recover against the defendant. The State vs John Haily Assault & Battery The def't in the above case having been arrested and having given bond for his appear, at the April Term of this court 1856 in the name and as Jams A. Hailey with Norris W. Buckhannon as security and Norris W. Buckhannon having brought said Hailey into court and having delivered him to the Sheriff, it is ordered be released from said bond. It appearing to the court that W.W. Montfort, Sheriff, has furnished divers articles for the benefit and use of teh court amount ot $6.50, ordered that the County treasurer pay said amount. pg 236 H.E. & G.T. Williamson for the use of H.E. Williamson vs William C. Spears judgement to pl't $1250 John Harris vs Thomas H. Brown judgment to pl't $108.25 Wm G. Peters vs James M. Willis judgement o plt'f $66.21 Swift & Ruggles vs William McDowell judgement to pl'f $26.28 Adam H. J. Carson vs Jose Stallings Jury find for pl't $150 A.M. Rhodes, Foreman Enoch F. Collins, M.P. Brown, Thomas H. Brown, Jerry McCants, E.B. Watters, C. Hamlin, AL Wilson, J.W. Beckley, James Winchell, ZK Wadkins Richard B. Rucker vs William C Spears judgement to pl't $381 Elia B. Rogers vs Thomas G. Blackman Jury finds for pl't $181 T.J. Riley, Foreman A.M. Rhodes, F. Collins, John B. England, M.P. Brown, Jerry C. McCants, Joseph Sheredin, E.B. Watters, Henry H Long, J.W. Bickley, James Winchell Isaac Mulkey & Co for the use of Joshua Hall vs John W. Riley judgement to pl'tf$274.50 Catherine Cannon vs Thomas Walling judgement to pl't $82 Pg 237 Isaac Mulkey for the use of Joshua Hall vs John A.J. McCrary Judgement to pl'f $106 Isaac Mulkey for the use of Joshua Hall vs Henry Wilson Jury finds for pl'f $32.73 Swift & Ruggles Vs A.W. Wilson Judgement to pl'f $67 Benj F. Newsome Vs Caleb Lindsay Judgement to pl'f $36 State of GA – Macon 2nd Dist Monday 14, July 1856 Supreme Court. Honors Joseph Henry Lumkin and Henry L Benning, Judges Clayton Whittington Vs William Summerall plt'f in error This case came before the court upon a transcript of the record from the Superior Court of Taylor Co and after the argument had, it is considered and aadjudged by the court that the judgment of the court below be affirmed. Bill of cost $3.50 Reg precp 50 & Dr. opinion 3.50 = 4.00 Remittter 125 Sheriff of Bill 125 2.50 = $10.00 Supreme Court June Term 1856. I certify that the above is a true extract. Robert E. Martin Clk. State of GA Vs Absolum Coursey Stabbing The above submitted to a jury and whereas the said Jurors are unable to agree, now comes Thaddeus Oliver Sol General counsel for the state and comes Miller & Holsey and Grice & Wallace of counsel for the def't and consent and agree a mistrial be declared in the above case that said case be withdrawn from the Jury. It said case be coninued over to the next term of court. William G. Little Vs Bryant Ingram – Henry N. Scarbrough Complaint for recovery of real estate & notice to amend . It appearing to discount on the testimony of James J. Ray and Thadwick Montfort and Henry N Scarbrough that the above stated defendants in their acknowledgment of service and waver of declaration and copy process and service therone in said cause upon the declaration in said case on the 29th day of June 1859 also there agrred and intended to waive original process was not incorpertated into said we convey of said defendant upon said declaration. It is therefore on motion and after argument had thereon ordered and adjudged by the court that said entry of acknowledgment and waiver be corrected according to the truth of the case now pro hunc clerk of this court do enter and insert in said acknowledgement and wave the waver of original process in said case as as June 29, 1849, and ti is therefor further ordered that the notice of defendants to vacate the judgment in said cse for want of process be disolved and discharged. Swift & Ruggles Vs N.W. Nelson Judgement for pl'f $67. The def't reserving right of appeal. Brings Thomas Walling and tenders him as his security. (looks like original signatures) Orin W. Masey Vs William H. Greir Jury finds for pl't $80. H.H. Long, Foreman, Ann Rhodes, Thomas Walling, Enoch F. Collins, John B. England, M P. Brown, Wm G. Ruggles, Joseph Riley, Jerry C. McCants, Joseph Sheriden, E.B. Watters, T.J. Riley Pg 239 State of GA Vs Appleton Brooks. Assault with intent to Murder Now comes Thadeus Oliver who prosecutes for the state and W.W. Corbitt and Allen F. Owen of counsel for the def't and they agree and covenant to waiver the Bill of indictment and that they will take the first panel of the Petit Jurors and waive a present of 48 jurors, they further consent to waive all other irregularities in said case and consider siad trial regular aand agreeable to Law. It is ordered by the court that this agreement be placed upon the minutes of this court. Swift & Ruggles Vs John Q. Adams Consent that the above case be carried to the appeal. The State Vs Appleton Brooks ASSAULT WITH INTENT TO MURDER Jury find for the defendant NOT guilty John W. Adkins, John A Cameron, James Garret, Daniel Sells, Henry Pullen Thomas Bynum, ZK Hamilton, L H Adkins, Owen Barefield, Wm H. Fennel, N. W. Nelson, B. C. Posey J.W.Cox vs R.B. Rucker certoriari After reading the return of the magistrate return and hearing argument of counsel in the above case. Ordered that the certoriari be dismissed and the acse proceed according to law. Thomas Walling Vs David Carter Certiorari Ordered that certiorari be dismissed. Pl'f leave to proceed and that clerk certify and send copy of this order of said court Sarah Jacobs Vs Philip Jacobs Libel for Divorce It appearing to the court by the reurn of Sheriff that def't does not reside in this county and it further appearing that he does not reside in this state on motion ordered that said def appear and answer at the next term of this couret or that the case by pl'f allowed to proceed Benjamin F. Newsome Vs Caleb Lindsay Pl'f having closed his testimony and ef't having moved for a non suit after argument it is ordered and adjudged that said pl'f be and he is hereby nonsuited on the ground that by his own showing he is not to recover against defendant and that said affidavit that said def't gave hence without a day and that he recover. Pleasant R. Phillips Exe of Henry R. Lowe Dec' Vs Joseph Hollis Judgement to pl't. Def't being dissatisfied, pays all costs and demands appeal, tenders John. R. Hollis as his security. Original signatures of Joseph Hollis and John R. Hollis And the def't recover of said pl't the sum of $4.75 for his cost in this behalf laid out and expended. The petition of James S. Bowie and Langdon Bowie merchants and partners with the firm name of J.S & L Bowie shows that heretofore to wit in the 24th day of Oct. 1854, James T. May of said county at Columbus to wit in said county made and delivered to give petitioner his certain promisory note the date whereof is the day and …promised 3 months after the date of said note to pay $48.91 for value received. James T. May delivered his mortgage, tract or parcel of land situated, south half of lot #146, 13th dist of formerly Muscogeen then marion now Taylo containing one hundred one and ¼ acres….to be void upon payment. Has refused to pay. Ordered that said Jaames T. May do pay into court by the 1st day of the next term of this court the prinicpal, interest, and cose. Failure to do so…foreclosed, Rue be served on the said James J. May. Jackson Fountain Vs James Layfield and Jesse Hollingworth Parties consenting…placed on appeal Susan W. Boler Vs Henry H. Mangham Motion to dissolve Injunction Argument heard, ordered by the court that the motion to dissovle the injunctionin this case be overruled and that said injunction continue in force until the further order of this court. It appearing to the Court that Jesse Garret has attended said court as bailiff six days. Ordered to pay said Garrett, $9 Pg 242 Robert Scandrett Vs Davis Castleberry prin Jesse Tennison Security James D. Tennison, security on appeal. Confession to pl'f for interest and cost of suit. Davis Castleberry and Jesse Tennison, the security of def't comes forwad and demands a stay of Execution according to the Statutes, and brings Joseph Brannon and tenders him as his security and they the said Jesse Tennison and Joseph Branin acknowledge themselves jointly and severally bound to Robert Scandrett the pl'f for the payment of the said judgement and cost in said case. In testimony whereof the said Jesse Tennison and Joseph Brannon have hereunto set their hands and affixed their seals this Oct 14, 1856. Swift & Ruggles Vs Charles Hamlin Judgment and verdict for pl'f. Being dissatisfied with the verdict, gives security and pays cost demans an appeal. Charles Hamlin Benjamin F. Newsome Vs Caleb Lindsay Judgment to pl't $36. Def't demands an appeal. John Sturdivant as security. Davis Castleberry Vs Joseph J. Walton Judgement to pla'f $1.00. Def't dissatisfied beings David O. Smith as security and demands appeal. It appearing to the Court that David H. Williams has served six days as Bailiff, ordered to be paid $11. John Tennison $9. Daivd Lawson $9; Wm Anderson $14 for himself and horse hired and John Hericks $12.75 for himself and buggy and horse hire for their several services as bailiffs. Thomas G. Blackman $2 for one day services as Bailiff. Swift & Ruggles Vs Mitchell & Long By consent of counsel, ordered that above case be put on appeal Thomas Bondy vs William Dickerson and Martha Battle. By consent of counsel, ordered case be put on appeal State of GA Vs A.M.K. Swift Assault & Battery. A.M. K Swift has been tried and found guilyt of an assault and battery on the person of Mrs. Hamlin and the court having fined him in the case of $200 upon consideration, it is ordered by the court that $100 of the fine be remitted as first imposed. Pg 244 The petition of Martha E. Shine, widow and relict of Thomas T. Shine, deceased, respectuflly showeth that heretofore on (blank) day of 1856, Thomas T. Shine departed this life intestated upon whose estate Martha E. Shine has administered in due form of Law and your petitioner further showeth, that at the time of death, Thomas T. Shine possessed the lots #204 in 14th dist of originally Muscogee now Taylor; #293 in 1st dist also 50 acres of lot #302 in 1st dist, also 375 acres in Decator no not known in the 27th dis of said county. There has been no separate estate settled or allowed your petitioner, in lieu of dower. Petitioner requests commission to admeasure lay off and assign her dower. It appearing to the Court that Thomas T. Shine died intestate leaving 831 acres of land…Ordered that Peter Corbin, C.F. Fickling, Gideon Newsome, Benj Beeland and Bryant Ingram be appointed commissioners to set off dower. E. Roberson Vs William Pare It appearing to the court William Pare has been bound over to keep the peace towarrds Henry, a slave the property of E.M. Roberson. It also appearing that Wiliam Pare has well and truly kept the peace since he was thsu bond, it is therefor ordered by the court that said warrant be dismissed and said William Pare be henceforth discharged without a day. Benjamin F. Newsome Vs Caleb Lindsay Admin of Wright Johnson Def't moved for a non-suit after argument, it is ordered and adjudged that said pla'f and he is hereby nonsuited on teh ground that by his __ showing he is not entitled as to recover against def'd and that said def't go hence without a nay and that he recover of said pl'f the sum of (blank) dollars. for his cost in this behalf. State of Georgia vs Albert Wright MALICIOUS MISCHIEF And now come Thadeous Oliver solicitor general , who prosecutes for the state and withdraws himself from said case; therefore case is discharged and def't discharged and go without a day. Willis McLenan Adm - will annexted of Thoams McLennan vs Thomas H. Brown Partied covenanting that the above case be placed on appeal. Gideon Newsom vs W.C. Scott BILL IN EQUITY Ordered that case be set for trial at the next term of court Eli B. Rogers vs Thomas H. Blackburn Counsel for the pl'f & def't agree on the folloinwg as a brief of the evidence on the trial of above cse in which a verdict was found by the jury at this term of court. An account being set off by the def't against the pla'f Isaac B. Griggs testified that in a conversation between himself and the pl'f, he heard pl'f say that he was willing to have the implemnt of the def't if deef't moved settle with him; that he fell behind sufficient in settlement and def't summonded security of him for the balance which he was not willing to give. pg 246 A verdict having been rendered by the Jury for the pl't in the above cause on motion -- pl'f's counsel shew cause instantor why the said virdict should not be set aside and a new trail ordered in the grounds of newly discovered evidence, as follows: Personally appeared before me, John H. Grace, saith that in conversation between himself and Ely B. Rogers, relative to the verdict, the jury had just found for him against Thomas G. Blackman in the Superior Court now in sesssion in this county, the said Rogers remarked to this deponenet that the account set off by the said Blackman against him in the case between himself and Blackam awas right with the exception of some meat which was not goo. Oct 11, 1856. John Sturdivant J.C R. Harvey pl'f vs Levy Whittington Adm and Henry Long and Geo W. Towns et al Fi Fa & Claim Issued by the court that J.C. Harvey, Ext of R. Harvey dec'd be made party pl'f in the above case instead of R. Harvey, dec'd and the Court proceed in his name and that this order be entered on the minutes. Benjamin F. Newsome vs Caleb Lindsay Adm of Wright Johnson dec'd Be it remembered that....a special Jury was empaneled to try said case when pl'f having proved that as physician he had rendered the medical services sued for in said to be true at the time stated in said writ to wit 1853, and further proven that he was a practicing physician and surgeion in or before the 25th day of Dec 1847, to with from the year 1845 up to the present date, Said def't then demurred to said evidence on the grounds that said pl'f had not shown to said Jury a license to practice medicine from the Medical Boards of Georgia and more that said pl'f non-suite, whereupon after argument had thereon said court sustained said demur and awarded said nonsuit and to which decision and pl'f by his counsel then and there excepted and compalins that the same is error and as much as the matter aforesaid does not appear of record said pl'f has filed his bill of exceptions and prays the same to be considered and made part of the records in said case. Miller & Holsey, Fish & Robinson, Stubbs & Hill, Atty I do certify that the following Bill of Exceptions is true and contains all the evidence mentioned to a clear understanding of the error complained of and the Clerk of the Superior Court of Taylor County is hereby to make a complete copy of the records of said cause and to be transmitted to the January Term of 1857 of the Oconee District of the Supreme Court that the erros alledged to have been committed may be considered. Edmund H. Worrill 10th day of Oct 1856 Martha T. Lowe vs William R. Lowe, Ex of William H. Lowe Application for power Comes William R. Lowe by his attorneys, Welborn & Greir and Grinnel & Pow and say the application for power above stated ought not be allowed for the following to wit: 1st because on the 25th day of October 1855, defendant's testator made and published his last will and testament and has been duly proved and admitted to be read and said Testator, the husband of said Martha T. Lowe devised among other things one hundred and fifty (150) acres of land with the improvements thereon equal in value to her third in dower the lands of which her said husband seized or possessed at the time of his death in lieu of her dower. 2nd Because of said application is allowed it will defeat other provisions of the will of said testator in this that said testator in and by his siad will has directed his Negroes to be distributed and not be sold and has appointed and directed the balance of his land to be sold and the proveeds of the sale applied to the payment of debts and specific legacies, that the lands of the testator are not sufficient to pay his debts which amount to Seven Thousand dollars which the land without dower to said widow is not worth more than four thousand dollars 3rh Because teh allowance of the application will defeat the payment of debts and specific legacies. Whereupon defendant prays that said application be refused. Def't atty page 248 Jackson Carson vs Jesse Stallings Verdict for pl'f Copy of note annexed: On date from date I promise to pay Robert Carson or bearer one hundred fifty dollars for value rec'd this 165th day of Feb 1847. Jesse Stallings The pl'f then offered Joseph J. Carson who being sworn that being informed by his brother, Robert Carson, in the fall of 1850 that the def't would let him, Robert Carson, have a horse in part payment of above note, he and his brother went to house of def't, saw a horse, but his brother did not like the horse, did not recollect that Stallings the def't was at home. Wintess was informed yesterday by def't that he was not at home when witness and R. Carson came to his house. Wintess never heard def't at any time promise to pay said notes, but in the fall of 1850, def't told me that he had offered a horse in part paryment of the note owed on; in the action in Taylor Co Superior Court and which is now being tried; def't said Robert Carson did not want the horse or that __did suit him. Pl'f then offered and read in evidence after being object to by defn'd the interrogatories of Gampon J. Foy who testified in answer to the 1st interrogatory that he knew the parties. 2nd interrogatory. That the original note of which the above was a copy was placed in his hands by Robert Carson in the month of January or Feb 1852 for witness to collect or have renewed shorty after witness rec'd said note, he met def't and informed him he had the note owed on and wanted the money. Deft said he did not think he could pay the whole debt, but would try and pay part and renew it. Def't further said the greater part of said note was for interest. Witness presented said to de'ft in the years 1852, 3 & 4 when last presented, said note to def't he refused to renew the note and said he could pay the note as well as any other. Witness then reminded him of his promising to pay said note and renew it. Def't reply was have I ever said I wouldn't. Witness then informed def't that would sue him. Cross Inter. Witness was not interested in said note at the time he presented it said note to def't but has since become interested indirectly my instructions from Carson was not to let the note go out of date. Wintess neglecting to carry out his instruction, he Carson was owing. Witness and Witness took an interest in said note. 2nd Cross Inter. Witness is interested in said note by Robert Carson being in debt to him. Witness if the money is made on said note, witness gets his payment of it, if not Carson is to pay him. No one present when witness had the conversatin with Def't Adam Carson vs Jesse Stallings Ordered by court that the above stated case be suspended and tht execution do not proceed until the motino for a new trial be heard. Eli B Rogers vs Thomas G. Blackman. Verdict for def't. on motion for counsel for def't that pl'f cousel shew cause at the next term of this court why the verdict in the above case whould not be set aside and a new trial be gratned and at the same time all further proceedings in this case suspended. Jesse Tennison vs Robert Scandrett bill of recovery and relief Def't coming in to court to resolve the injunction on the bill answered the said motion having been ehard by this court that the injunction in said cause be resolved and the case proceed. John Joiner vs John Hobbs, Deft and Enoch F. collins, Clmt Fi Fa. ordered by court dismissed. The State vs Absolem Coursey Indictment for stabbing Ordered by court indictment be not proceed and taht the def't be discharged. Ordered that County Treasurer pay James T. Harmon $7.50 for paper and books furnished the court pg 250 Sarah T. Redmond by her next friend John T. Brown vs William Mitchell Adm of Wiley Wormack, dec'd and James M Redmond and Rhodamie Mitchell, formerly Rhodamie Wormack BILL FOR ACCOUNT OF SETTLEMENT The answer of Rhodamie Wommack (Wormack) formerly Rohuneia Mitchell having come in at this term of court it is on motion ordered that the above stated cause be set down for trial at the next term of this court. [Marriage of William Mitchell and Rhodamie Warmack in Taylor County 2-13-1854; John W. Mitchell and Mary Jane Warmack May 25, 1854] Daniel Whatley vs James Montgomery de bonus non of Reuben B. Davis, deceased BILL & C. Ordered that a party defendant to the above stated case in the stead of James Montgomery dec'd Adm of R.B. Davis be made in the above case by the next term of court. A.J. Carson vs Jesse Stallings A brief of the evidence having been agreed upon in the above case, pl'tf counsel are hereby called on to shew cause at the next term of court why a new trial should not be granted. 1st Because there is no evidence to support the verdict 2nd Because the verdict is contrayt to law & evidence 3rd Because the court erred in admitting illegal evidence to wit, the interrogatories of Gampoon J. Foy who was Interested in the event of said suit. 4th Because the court failed in its charge to Jury in negligence to charge to them that any promise made since 1844 should have been in writing. Be it remembered that at the request of the Superior Court, the State of Georgia against Alexander M.K. Swift being an indictment for assault and battery came into trial, and the jury being empanelled and drawn to try said cause when the defendant by his counsel W.W. Corbitt and Benj F. Reese then and there moved the court to quit said indictment upon the grounds that the allegations in said indictment that said defendant on the 16th July 1856 with __ arms in and upon one Harriet H. Hamlin did make an assault and then and there the said Harriet Hamlin did beat, bruise, wound and otherwise ill treat -- did not charge and set forth that such beating was unlawful and that said allegation did not charge and set forth any thing facts or circumstances which would make an assault to which motion the court overruled and therefore the defendant by his said counsel, excepted and assigns the same for error and now within 30 days from the adjournment of said term of said Court come the same Alexander M K Swift and asserts them his exceptions in writing and prays the same signed and certified agreeable to law. Due and legal service of the within Bill of Exception, acknowledge and waive all other or further service, acknowledged and waived this Oct 9th 1856. I do hereby certify that teh foregoing bill of Exceptions is true and contains all the facts in a trial to a cear understanding of the error complained of and Clerk of the Sup Court is hereby directe to make out a full and complete copy of the record, and to certify and send up to the Supreme Court of the 2nd District of Georgia to be held at Macon on the 4th Monday in January next. In answer to the Rule Nises of Eralburt W. Miller vs Joseph Johnson obtained at the April Term of the Superior Court, the defendant shows forecause for fact that on the 1st Tues in Dec last, William W. Wiggins, then acting deputy Sheriff did expose to sale the interest of said defendant in the north half of lot of land #195 in 12th District of originally Muscogee, now Taylor County but this defendant sayeth that the whole of said half of lot of land was not sold neither was it offered for sale for this def'd saith that several days previous to said sale, he did make an affadavit stating that this land was all he had and that according to law he was entitled to the number of 65 acres out of said land, he being insolvent and entitled to the same by the law, this def't further shewest that on the day of said sale, said Sheriff did give to the public of the facts aforesaid and only sold the balance of said half of land exclusive of the 65 acres aforesaid which 65 acres had been laid off to def't around and including the building on said land. this defend't further sheweth that of said Miller did set a deed from James Layfield, Sheriff, to said land said Sheriff was wholy innocent of the facts at time of making said deed and through mistake or misapprehension of said fact made said deed. This defend't further shoewe that these are all the facts as he remebmers them and prays that this may be taken as his answer to said rule nisi. Joseph Johnson Ordered that Court Treasurerer pay Catherine Cannon $20.80 for 52 meals furnished for jurors in Criminal cases at 40 cts per meal. Oct 11, 1856 John Hudson vs Henry N. Duke Decree and motion for new Trial. Upon hearing the above motions, ordered a new trial on grounds of newly discovered evidence. The State vs James Hesters ARSON It appears that James Acre, Zachariah Parks and John Parks of Marion County served as witness in the above case for 6 days; John Bozeman (6 days)and William Bozeman (2 days) and Seth W. Mulder of Taylor, 2 days--ordered that each of the witnesses be paid legal fees. LIST OF GRAND JURORS DRAWN FOR APRIL TERM 1857 John F. Herricks Robert Brown J.W. Ellis John Bradley Wm H. Dickerson Levin Layfield L.R. Stephens Drury Lawson H. Beavers Charles Grant Benjamin Wilson C. Whittington W. Burnett J.D. Gray Drury Averett Wiley Lawson John W. Smith F. Buchanan C. Stewart Willis Edwards J.M. Barker John L. Garrett C.D. Bynum Wm Bryant Wilborn Jinks Rowland Hutson Thomas Taylor Wm Alexander Wm Parks Geo A. Heath Wm NcInvail Wm H. Williams G.M. Lary Wm Davis Thos Cameron John A McCrary John A McCrary Willis Jinks M. Brooks E. Duke Jas Vincent J.P. McCrary W. Thompson Benj Posey Wm Stewart Robt Walker A Windham Robert Slaughter A. W. Martin Presentments of Grand Jury Superior Court Term of October 1856 We, the Grand Jury, make the following presentments: We congratulate our fellow citizens upon the evident suminition of crime in this county since its formation evident from the fact of so few criminal prosecutions at this present term of the court. The Honorable the Inferior Court upon whom the duty involves, we learn have as soon as the funds of the county will warrant it determined to make thorough repairs of the Jail. We find in investigation that the public roads of the county are all in good order. We suggest a rigid enforcemtn of the laws against transgression in the sale of spiritous liquors to white persons or Negroes at any time also against any men engaged in gambling or blying at cards for money. Expressed thanks to Honoroble Judge Worrill, and Solicitor General, Thadeous Oliver. T.J. Riley,foreman H.H. Long J.C. McCants J.H. Winchells M.R. Brown T.P. Humphries E.F. Collins A.L.N. Wilson Jacob W. Bickley Joseph Riley Joseph Sheridan T.H. Brown T. Walling C. Hamlin J.B. England Z. Watkins File at: http://files.usgwarchives.net/ga/taylor/deeds/gdd92courtmin.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 59.8 Kb