Iowa County WI Archives Court.....Holmes, Thomas September 16, 18410
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Source: Iowa Series 23, Box 13, File 23, Univ. Of Wis. At Platteville, Karmann Library, Sw Wis. Room
Written: September 16, 18410
Recorded: December 17, 1840

Pleas before the Honorable Charles Dunn, Judge of the District Court for the 
County of Iowa and Territory of Wisconsin at the Courthouse in Mineral Point is 
said county of the 15th day of September, 1840, James Gentry, Sheriff, Edward 
McSherry, Clerk:

	“Be it remembered that heretofore, to wit: on the 18th day of February, 
1840, came THOMAS HOLMES by M. M. Strong, esq., his attorney, before the clerk 
of the said District Court at his office in Mineral Point and filed with the 
said clerk his certain declaration against Thomas Prisk on a plea of trespass 
on the case on promises which said declaration is in the words and figures 
following, to wit:

THOMAS HOLMES vs. Thomas Prisk, Trespass on the case on promises. And now the 
said THOMAS HOLMES comes by Moses M. Strong, his attorney and complains of the 
said Thomas Prisk in a plea of trespass on the case for that whereas the 
defendant on the 12th day of November, 1838 to wit: at Mineral Point in the 
county of Iowa and Territory of Wisconsin made his certain promissory note in 
writing, bearing date the day and year last aforesaid, and thereby then and 
there promised to pay in 3 months from the date of said note to the plaintiff 
on order, the sum of $51.50 for value received…”

“And being so liable, he, the defendant, in consideration thereof afterwards to 
wit: on the same day and year last aforesaid, at Mineral Point aforesaid, 
undertook and then and there faithfully promised the said plaintiff to pay him 
the said sum of money in the said note specified according to the tenor and 
effect of the said note. And for that, whereas also the said defendant also 
afterwards to wit: on the day and year last aforesaid at Mineral Point 
aforesaid, was indebted to the plaintiff in the further sum of $70 of lawful 
money of the United States for diverse goods, wares and merchandise by the 
plaintiff before that time sold and delivered to the defendant and at his 
special instance and request and being so indebted, he the defendant, in 
consideration thereof afterwards, to wit: on the day and year last aforesaid at 
Mineral Point aforesaid, undertook and then and there faithfully promised the 
plaintiff the said last mentioned sum when he, the said defendant should be 
thereunto requested. 

And for that whereas also the defendant afterwards to wit: on the day and year 
last aforesaid at Mineral Point aforesaid was indebted to the plaintiff in the 
further sum of $400 of like lawful money, for the work and labor, care and 
diligence of the plaintiff, by him, the plaintiff before that time done 
performed and bestowed in and about the business of the defendant and for him, 
the defendant, and at his special instance and request. And also for diverse 
materials and other necessary things by the plaintiff before that time found 
and provided and used and applied in and about that work and labor for the 
defendant…etc.”

“The United States of America to the Sheriff of Iowa County, Greeting:
“You are hereby commanded to summon Thomas Prisk if he shall be found in your 
county, personally, to be and appear before the Judge of the District Court of 
said County in the first day of the next term thereof to be holden at the 
Courthouse in the town of Mineral Point on the 2nd Monday in the month of April 
next at 12 o’clock noon of said day to answer 	THOMAS HOLMES in a plea of 
trespass on the case on promises to the damage of him, the said THOMAS HOLMES, 
$100 as he saith. And have you then and there this writ. 
Witness, the Hon. Charles Dunn, Judge of the First Judicial District at Mineral 
Point, this 18th day of February, 1840.”

	“And afterwards, to wit: 16th day of March 1840, our said Sheriff made 
his return of said writ into our said court which said return is in the words 
and figures following, to wit:
	“I have summoned the within named Thomas Prisk to appear and answer as 
by the within writ I am directed.” So answers J. H. Gentry, Sheriff, per E. R. 
Carson, deputy. March 16th, 1840.”

	“And afterwards, to wit: at a term of our said court begun and held at 
the Courthouse in Mineral Point on the 2nd Monday in the month of September 
1840, on the 1st day of the term the same being the 13th day of the same month, 
the following further proceedings were had in this cause, to wit:

“THOMAS HOLMES vs. Thomas Prisk, Trespass on the promises, On motion of the 
plaintiff by his attorney, the defendant I ruled to plead to the plaintiff’s 
declaration herein by Wednesday morning next.”

	“And afterwards, to wit: at a term of our said Court being and held at 
the Courthouse in Mineral Point on the 2nd Monday in the month of September 
1840, on the 8th day of the term the same being the 15th day of the same month, 
the following further proceedings were had in this cause, to wit:

“THOMAS HOLMES vs. Thomas Prisk, Trespass on the promises, This day came the 
plaintiff by Moses M. Strong, esq, and the defendant, although solemnly called, 
came not to answer the declaration of the said plaintiff in the plea aforesaid, 
whereby the said action remains against the said defendant undefended. 
Therefore the said plaintiff ought to recover his damages in occasion of the 
premises and because it has been suggested and proved and manifestly appears to 
the Court here that the said plaintiff has sustained damages by reason of the 
non-performance of the promises and undertakings of the said defendant to the 
sum of $57.06 ¼ cents. It is therefore considered and adjudged by the Court 
here that the said plaintiff do have and recover against the said defendant the 
sum of $57 and 6 ¼ cents, the damages aforesaid, together with the further sum 
of $17.33 adjudged by the court here on his assent for his costs and charges by 
him about his said suit in this behalf expended, which damages and costs and 
charges amount together to the sum of $74.39 and 1/4 cents and that he may have 
execution therefore.”

Judgment received signed this 17th day of December, 1840 at 10 o’clock pm. 
Edward McSherry, September court.

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