Iowa County WI Archives Court.....Holmes, Thomas April 16, 1841 ************************************************ 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 October 10, 2006, 4:13 am Source: Iowa Series 23, Box 13, Folder 20, Univ. Of Wis. At Platteville, Karmann Library, Sw Wis. Room Written: April 16, 1841 Territory of Wisconsin, Iowa County For the District Court, April Term 1840}Trespass on the Case on Premises- Damages $200 THOMAS HOLMES vs. John Jenkins “And for the said THOMAS HOLMES, comes Moses M. Strong, his attorney, and complain of the said John Jenkins in a plea of trespass on the case, on premises for that whereas the defendant on the 21st day of August, 1837, 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 30 days after the date of said note to the plaintiff on order, the sum of $100 for value received. By means whereof the defendant then and there became liable to pay to the plaintiff the said sum of money in the said note specified according to the tenor and effect of the said note; and being so liable, he, the defendant is 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 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 afterwards, to wit, on the day and year last aforesaid, at Mineral Point aforesaid, was indebted to the plaintiff in the further sum of $150 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 to pay the said 1st mentioned sum when he, the said defendant should be there unto afterward requested, [and repeating these same paragraphs of phrases 5 times $150]… “…for so much money before that time, had and received by the defendant to and for the use of the plaintiff 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 to pay him the said last mentioned sum when, the defendant should be thereunto afterwards requested.” “Nevertheless the defendant not regarding his said several promises and undertakings, but contriving and fraudulently intending craftily and subtly to deceive and defraud the plaintiff in this behalf, hath not as yet, paid the said several sums of money or any or either of them, or any parts thereof to the plaintiff, although requested to do so, but the defendant to pay him the same has hitherto altogether neglected and refused and still does neglect and refuse, to the damage of the said plaintiff $200, to recover which, with just costs, this suit is brought. Moses M. Strong, Attorney for THOMAS HOLMES” John Jenkins ?answers? THOMAS HOLMES “And the said defendant by Parley Eaton, his attorney, comes and ? deposes? denies? the wrong and injury wh??? And says that he did not undertake or promise in manner and form as the said plaintiff hath above thereof complained against him, and of this he puts himself upon the county, etc.” “The plaintiff will take notice that upon the trial of the above cause, the said defendant will insist and give evidence that before and at the time of the commencement of this suit, the said plaintiff was and still is indebted to this defendant in the sum of $120, for $73 dollars account rendered, and by agreement of parties was to be endorsed on the note mentioned in plaintiff’s declaration, also cash paid, cash advanced, work and merchandise sold and delivered to the amount of $50. Parley Eaton, att’y John Jenkins ?answers THOMAS HOLMES “John Jenkins, the above named defendant, being duly sworn, does depose and say that he can not safely proceed to trial at the present term of court in the above case for the want of the attendance of Frances Carter and Richard Madden, who this deponent has been advised by counsel and verily believes to be material witnesses for this deponent’s defense on said trial. The said Francis Carter now resides at Dubuque in Iowa Territory, as this deponent has been informed and believes, and this deponent expects to prove by the said Carter, a payment of between $60 and $70. That the plaintiff agreed to endorse on said note on which the suit is brought, and this deponent expects to prove by the said Richard Madden a further offset for work and labor furnishing materials, and also for mineral from $30 to $60, and this deponent ordered a subpoena for the said Madden and supposed he was in the south part of this county, but has been informed he is in the north part of the state of Illinois, and this deponent believes he can obtain the attendance of both said witnesses at the next term of this court or procure their depositions.” “And further that the application is not made for delay, but to obtain a fair trial upon the merits. John Jenkins.” Sworn and subscribed to this 16th day of April, 1841, before me J. S. Bawden, Justice of the peace Territory of Wisconsin, County of Iowa, District The United States of America, to the sheriff of said county, Greeting: “We command you that the goods and chattels (except such as are by law, exempt) of John Jenkins, in your bailiwick, you cause to be made the sum of $42.96, which THOMAS HOLMES, late of said county, in an act of assumsit lately in our District court before our judge thereof at the courthouse in Mineral Point in said county, recovered against him for his damages, which he had sustained as well by reason of the non-performing certain promises and undertakings there lately made by the said John Jenkins to the said THOMAS HOLMES together with the further sum of $26.62 which was adjudged to him by our said Court as for his costs and charges by him about his suit in that behalf expended, whereof the said John Jenkins convicted, as appears to us of record. And if sufficient goods and chattels of the said John Jenkins cannot be found within your bailiwick, that then you will cause the damages, costs and charges aforesaid to be made of the lands, tenements, real estate and chattels whereof the said John Jenkins was seized on the 9th day of September in the year 1841, or at any time thereafter, in whose hands so ever the same may be; and have you those moneys before our judge of our District Court, at the Clerk’s Office, in Mineral Point in said county in 90 days from the date hereof, together with 75 cents for this writ, to render unto the said THOMAS HOLMES for the damages and costs and charges afore said. And you have then, this writ. Witness the honorable Charles Dunn, Judge of our said Court at Mineral Point this 9th day of November, 184_. [Left blank, but was 1841.] “Received this writ, November 12, 1841.G. Messersmith, sheriff.” “Received on this writ, my fees and Crawford’s as endorsed, $3.96, Feb. 6th, 1842. George Messersmith, sheriff.” “This writ is entitled to a credit paid M. M. Strong of $25 as per his receipt, with an order to return this, the said writ dated Dec. 3rd, 1841. So answers, Geo. Messersmith, sheriff.” File at: http://files.usgwarchives.net/wi/iowa/court/holmes5gwl.txt This file has been created by a form at http://www.genrecords.org/wifiles/ File size: 8.0 Kb