Iowa County WI Archives Court.....Holmes, Thomas December 21, 1877 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/wi/wifiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Nancy Poquette npoq@hotmail.com December 30, 2006, 11:18 pm Source: Iowa Series 24, File 2934, Univ. Of Wis. At Platteville, Karmann Library, Sw Wisconsin Room Written: December 21, 1877 Recorded: January 17, 1878 Iowa Series 24, file 2934, Univ. of Wis. at Platteville, Karmann Library, SW Wisconsin Room The State of Wisconsin Iowa County Circuit Court Joseph Goldsworthy vs. Thomas Goldsworthy, garnishee, in a suit of Joseph Goldsworthy, plaintiff against Thomas Holmes, [Jr.] defendant “To the Circuit court of Iowa County: The undersigned respectfully petitions the court that a writ of cert____- may issue out of this court to bring up for inspection the record and proceedings in the garnishee suit of the above entitled action for the reason that certain errors and irregularities were committed by the justice who tried our garnishee suit, which errors and irregularities appear in the affidavit of your petitioner and the Docket of Justice before which said action was tried, both of which are hereto annexed, that this court may inspect such record and grant the proper relief. Thomas Holmes, by Wilson McIlhon, his attorney, Mineral Point, Wisconsin.” “Thomas Holmes [Jr], being duly sworn, says that a suit was commenced in Justice Court of Iowa County before J. W. Heathcock, Justice of the Peace, in which Joseph Goldsworthy was plaintiff and the deponent was defendant on the 21st day of December 1877. That a garnishee suit was also commenced at the same time by said Joseph Goldsworthy against Thomas Goldsworthy, said Joseph Goldsworthy claiming that Thomas Goldsworthy was indebted to this deponent.” “That the instrument filed with the said Justice purporting to be the affidavit in which the garnishee proceedings were had is defective in this. It recites that James Brown was duly sworn and is signed Joseph Goldsworthy by ?Mr. or Wm. Brown, agent, and there is no jurat attached, nor anything to show it was sworn to by anyone.” 2nd-The garnishee summons was never in any manner served on this deponent. 3rd-On the return day of the principal suit, this affiant appeared and joined issue on the 31st day of December 1877, and asked for an adjournment. That he appeared especially in the garnishee and moved for the purpose only of its dismissal. The Court refused to entertain the motion and of his own motion, and without the request of any party, adjourned said garnishee suit by oral announcement to January 7th, and on the margin of the Docket at that time wrote these words: “Case called. Plaintiff appeared. Case adjourned until the 7th day of January 1877.” And these were all the words written at that time by said Justice to show that said Garnishee suit was adjourned.” 4th-That on the 7th day of January at 10 o’clock in the forenoon, the said justice of the Peace called up said garnishee suit and without waiting one hour, proceeded at once to take the answer of said garnishee, Thomas Goldsworthy, as appears by a copy of his docket hereto attached, and such further proceedings were at that time had, that the following judgment was rendered against said garnishee Thomas Goldsworthy: “Wherefore it is adjudged and ordered by the Court and the Court now here renders judgment and orders the said Thomas Goldsworthy pay to the Justice for the benefit of the plaintiff, the sum of $13 in money and also the credits due the said Thomas Holmes for $87.75 for goods at his store in the town of Linden and that said credits be evidenced by an account stated. The said credit is by the order of the Court adjudged to be sold on execution against the defendant Thomas Holmes. The said justice to whom said judgment is ordered to be made is the Court before whom the action is pending. Subscribed and sworn to before me this 17th day of January 1878, Thomas [his mark] Holmes.” “Garnishee Suit-Joseph Goldsworthy against Thomas Holmes, Linden, December 31st, 1877: “An affidavit made by Jas. Brown for Joseph Goldsworthy and filed in my office, and stating that defendant is indebted to Thomas Holmes and demand that Thomas Goldsworthy be summoned to answer a garnishee. James Gribble, Constable, therefore having said summons, was authorized to summon said Thomas Goldsworthy to answer as garnishee on the return day of said summons. J. W. Heathcock.” “Constable James Gribble duly served the within summons and the garnishee thereunto annexed at the town of Linden, 22nd day of December 1877 and attached all the property and credits in the hands of Thomas Goldsworthy, garnishee, and summoned the said Thomas Goldsworthy to appear the 21st day of Dec. 1877 to answer as garnishee.” “Alex Wilson appeared speciale in this garnishee proceeding for Thomas Holmes and filed with the court motion papers, and afterwards withdrew said papers before the court examined them, so as to review what they were about. 2 hours thereafter, the said Alex Wilson for said Thomas Holmes, appeared and filed with the court, first n affidavit of Thomas Holmes with court entitled in this action and marked ‘A’ by the court.” 2nd-A notice that Thomas Holmes __ leave to appear specially, to which said paper is marked by the court, ‘B’. 3rd-A motion which is marked ‘C’ by the court came adjourned as per margin to January 7th, 1878 at 10 o’clock forenoon. January 7, case called at the hour appointed by adjournment, 10 o’clock in forenoon at my office. Case called, plaintiff Joseph Goldsworthy and the garnishee Thomas Goldsworthy appeared.” No one appearing, the motion is overruled. The garnishee, Thomas Goldsworthy appeared and his testimony recorded to writing and filed and from the said testimony, it appears that there is due the said Thomas Holmes, defendant, in the original suit from the garnishee, Thomas Goldsworthy, the sum of $100.75 as follows, to wit: $13 in costs and the balance of said $100.75 in goods; wherefore it is adjudged and ordered by the court and the court now here renders judgment and orders the said Thomas Goldsworthy pay to the Justice for the benefit of the plaintiff, the sum of $13 in money and also the credits due the said Thomas Holmes for $87.75 for goods at his store in the town of Linden, and that said credits be evidence by an account stated and the said credit is by order of the court adjudged to be sold on execution against the defendant Thomas Holmes the said Justice to whom said payment is ordered to be made is the court before whom this action is pending. J. W. Heathcock, Justice.” File at: http://files.usgwarchives.net/wi/iowa/court/holmes17gwl.txt This file has been created by a form at http://www.genrecords.org/wifiles/ File size: 7.0 Kb