ROSCOE TWP Transcribed by Deb Barker BOOK 3 |
Davis County, IowaJustice Dockets
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State of Iowa vs. James F Phye}
State of Iowa, Davis County, Roscoe Township, August the 8, A D., 1866, personally came before me James F Phye, this day and gave himself up and acknowledge that he broke the peace on Saturday, August the 4th, and thereupon I find him one dollar fine he paid. This August, the 8th, AD 1866,
J N Brumley, J Peace
Pg 1 Wesley M Hardman vs. Elias McNeal}
Know all men by there Presence that we Wesley M Hardman as principal and William Harrel as Security, are held and firmly bound unto Elias McNeal, in the final sum of Fifty dollars for the payment of which we hereby find ourselves firmly by the presence. Dated at my office in Davis County Iowa, on this nineteenth day of the October AD, 1867, the condition of the above obligation is such that whereas the above bonders Wesley M Hardman, has this day seeked out of the office of John N Brumley, a Justice of the Peace, of Davis County Town, an attachment against the property of said Elias McNeal. Now if the said Wesley M Hardman shall pay all damages that the said defendant may Kurtain the reason of the wrongful suing out of said writ of attachment then this bond to be vain therein in full force.
Wesley M Hardman
William Harrel
Pg 2 Wesley M Hardman, vs Elias McNeal writ of attachment ordered out by plaintiff on the 19th day of Oct AD., 1867. Writ of attachment returned on the 22nd day of October, by attaching 2 mules. Elias McNeal, notified by publication on the 22 day of Oct to attend trial on the 24 day of December, AD., 1867.
J N Brumley, J P
December the twenty fourth, A D., 1867, this being fixed for trial in a case of attachment between, Wesley M Hardman and Elias McNeal. Wesley M Hardman claims that the said Elias McNeal owes him one hundred and five dollars and ninety six cents, on a certain premises not given to him by said E McNeal and two dollars and five cents cost, this day the plaintiff appears and the defendant is absent. I therefore render Judgement of nonsuit against said plaintiff on the ground that he did not produce the said promissory note and also hat the amount claimed by said plaintiff being out of my jurisdiction, this Dec 24, A D 1867, J N Brumley, J P
Costs Issueing writ of Attachment $1.00 ct Issuing Judgement of Nonsuit .50
Constables cost for executing writ of attachment .50
Returning Writ .50
Posting Notices .75
Keeping of Mules 2.50 Jeff Sevier, J P Constable
November A D, 1869, I received on the above writ of attachment and non one dollar and fifty cts of Wesley M Hardman as cost due me, John N Brumley.
Pg 4 Christian Traxel [Traschel]vs. William Crosbay} Debt
Be it remembered that on this 23 day of January, 1869, the said Christian Traxel filed herein as his caus of action an account for $12. 86 cents on this 23rd day of January, 1869 and thereupon a notice issued returnable on the first day of February, 1869, at 10 o’clock A M, and Peter Warrel was Debetised Constable for the above case and notice given for services, notice returned served on defendant an now on this day come the parties by themselves; And defendant filed Bill of damage of $74.80 against plaintif items named in bill and after hearing the evidence in the case 3 days, claimed to make up the decision. And now after maturing the evidence it is considered that the said Christian Traxel recover of the said William Crosby, the sum of Twelve dollars and twenty four cents, and six per cent interest on the amount cost two dollars and fifty five cts this the 3rd day of February 1869. James F King, J Peace
Commencement of Suit 50 cts
Entering Judgement $1.00
Constables fees and mileage 55 cts, Daniel Esh, one witness in behalf of Plaintiff, fees for witness 50 cts.
Money received on the with in Judgement in full interest and cost this the 22th day of March 1869.
Christian Traxel
We the undersign acknowledge our selves in debted to Christian Traxel in the sum of ______________ to be void upon the following conditions whereas Wm O Crosby has appealed from the judgement of James F King, a justice of the peace in an action between Christian Traxel plaintiff and Wm O Crosby defendant now if the said appealant pays whatever amount is legally adfuelgees against him in the further progress of this cause then this reognizence to be void and other wise in force.
Pg 7 Jefferson Severe vs. William Harrel}Debt
Be it remembered that on this the 16th day of March A D., 1869, the said Jefferson Severe filed herein as his cause of action an account for 4.25 and there upon a notice issued returnable on the 20th of March 1869 at 10 o’clock A M., and was delivered to Petter Harrel, Dept constable for the above case and delivered for servis and Notice served by reading and leaveing coppy on defendant. And now the partys appears by thim selves and the partys agree to abide by the decisions of James F King a Justice of the Peace in this case and the plaintiff fails to sustain his claim against the Deffedant on the ground that he could not show any cause why Wm Harrel, defendant, should pay his claim. Now I render judgement of Nonsuit against the said Plaintiff and cost of Suit this the 20th day of March, A D ., 1869. James F King, A Justice of the Peace.
Cost Issuing Notice 50 cts
Entering Judgement of NonSuit 50 cts
Constable fees serving notice 25 cts
Cost Paid in full on the within judgement of Nonsuit in this the 20th day of March 1869.
Pg 8 The State of Iowa vs. John Walton}
Be it remembered that on this 30th day of December, A D., 1869, William Badgett filed herein a complaint aginst the said John Walton that he did on the 30 day of December A D., 1869 commit an assault, with intent to kill upon the body of William Badgett thereupon a warrant was issued for the arrest of the said John Walton andalso a supeona for William H Washalisk, Friend Gleason and Mary Badgett as witness on the part of the state, both of which were delivered to Henry Pernell, Dept’y Constable for the above case.
Pg 9 James T Brown Vs. John W Tackel}
Be it remembered that on this the 12th day of June, A D., 1871 that the said James T Brown filed herein this his cause of action an account for judgement, thirty one dollars and forty cents by default. And thereupon a note was issued on the 13th day of June 1871, returnable on the 20th day of June A D., 1871 at one o’clock PM and was delivered to James E Reed, same day. Ane returned served by leaving a copy at the residence of the defendant, June the 13th 1871. June the 20 AD., 1871; Both Partys appear and the defendant claim that he does not owe said plaintiff any thing and rules said plaintiffs for cost and the defendant demand a Jury trial and the suit is adjourned to Friday, June the 23rd A D., Provided the plaintiff give good security for the cost against June the 21 at twelve o’clock in the day. June the 21st, A D., 1871; Five o’clock PM. The plaintiff failing to give said security, I give an now suit, against said plaintiff by defendant and my hand this day. The 21 of June. John N Brumley, JP
Pg 11 William H Bish Vs Nathaniel Beckley}Debt
Be it remembered that on this 20 day of July, AD., 1871 the said William H Bish filed herein as his cause of action an account made by said Nathaniel Beckley in the year of AD., 1870 and 1871 for fourteen dollars and sixty seven ½ cents and thereupon a Notice issued returnable on the 29th day of July A D., 1871 at one o’clock P M and was delivered to J E Reed for services. July the 22nd AD., 1871, by orders of the plaintiff I withdraw the above suit and said plaintiff to pay all cost, Cost settle and paid over, J N Brumley, JP
I Wm H Bish, do solemnly swear that Nathaniel Beckley is in debted to me on account fourteen dollars and sixty seven ½ cents, so help me god. Wm H Bish [his signature] Know all men by these presence that we William H Bish as principal and Wiley Harrel as surety are hel and firmly bound unto Nathaniel Beckley in the final sum of fifty dollars ($50.00) for the payment of which we hereby find ourselves firmly by the presents. Dated at Davis County Iowa on this 20th day of July A.D. 1871. The condition of the above obligation is such that whereas the above bounden William H Bish has this day sued out of the office of John N Brumley, a Justice of the peace of Davis county Iowa an attachment against the property of said Nathaniel Beckley. Now if the said William H Bish shall pay all damage that the said defendant may sustain by reason of the wrongful sueing out of said writ of attachment, then this bond to be void otherwise in full force. Signed- Wm H Bish, Wiley Horrel
Pg 14 Robert T E Hendricks Vs A Beans}
January the 19th A. D. 1874 We the undersigned Jurors and witnesses on the case between Robert T E Hendricks, plaintiff and A Beans, defendant on J N Brumley, Docket received of J N Brumley, JP the cost due us set opposite our names.
Columbus Brumley $1.10 cts | William Cles 1.00 |
Joseph A Hall 1.10 | Allen Carrine 1.00 |
C A Watson .50 |
J W Hunter 1.00
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Oliver Hill 90 | |
George Lyman 50 | W A Beary 90 |
Wm Boyd 1.10 | Charles Campbell 50 |
Pg 15 State of Iowa, Davis County
Henry Harrel Vs William Harrel}
I Henry Harrel do solemnly swore that William Harrel has in his possession a white ewe sheep marked with a small crop off on the left ear and an upper half crop off of the right ear which I claim to be of the value of two dollars, which fully belong to me. That I was neither taker on the order or judgement of a court against me, nor under an execution or attachment against me or against the property the are the facts to the best of my belief so help me god. Subscribed and sworn to before me this Dec the 18th of 1871, J N Brumley, JP And thereof on a rit of replevin was Issued and delivered to James E Reed, Constable on the 19th day of Dec, returnable on the 26 day of December 1871, at one o’clock P.M.
December the 25th A.D. 1871, this day the defendant appears and said two dollars which said plaintiff claims to be the value of said sheep which was replevied and all cost. And said Plaintiff returned said sheep to Nathaniel J Smith by order of said defendant given under my hand the Dec 35th, 1871. Cost Settled.
J N Brumley, JP
Pg 16 W S Badget Vs Amos Steckel} State of Iowa, Davis County
Be it remembered that on the 18th day of January A D 1872. That said W S Badget filed herein his cause of action an account against said Amos Steckel for twelve dollars and seventy four cents. And thereupon a rit was issued and returnable on the 24th day of January A D., 1872 at eight o’clock AM of said day. Now the day comes and said defendant failing to appear, I therefore render judgement by default against said Amos Steckel defendant for whole amount with interest and cost of said suit. This January the 24 A.D. 1872. J N Brumley, JP Said defendant filed papers for an appeal on the 20 day of January by John Hendrick. Cost settled by plaintiff.
Justice fees; Judgement .50 Transcript .50; Constable fees-mileage 1.80 Serving notice .25 Copy of Notice .10
Pg 17 Ephriam Bell Agt for W M Tharp Vs Jacob D Hughes} S S
Be it remembered that on this 19th day of January A. D. 1872, The said Ephriam Bell Agt for W M Tharp filed herein as his cause of action claiming of Jacob S Hughes the sum of Forty dollars. Twenty dollars as money herefore paid to him on a lot of hogs and twenty dollars damage for breach of contract. And thereupon a Notice was issued returnable on the 26 day of January, at Nine O’clock A M and was delivered to Dodrige Harrel same day and returned served on said Jacob D Hughes by reading same to him on the 19th day of January A.D. 1872 and by giving him a copy of said notice at residence in Roscoe Township, Davis County, Iowa. Now on this the 26th day of January, A.D. 1872 comes both parties and after hearing al of the testimonies on said case I render Judgment in favor of said defendant for cost. Costs taxed at six dollars and fifty five cents and accruing cost given under my hand this January the 26th AD 1872, John N Brumley, JP An appeal ordered.
Pg 18 Hullena Hubbard Adm of the Est of S L Hubbard
Vs
James Montgomery & A V Smith
Be it remembered that on this 8th day of March A D 1872, The said Hellena Hubbard, Administrator of the Estate of S L Hubbard filed herein as her cause of action claiming of said James Montgomery and A V Smith, the sum of thirty dollars and twenty one cents, Justly due her on a promissory note given by them to her and thereupon a notice was served and returnable on the 16th ay of March AD 1872 at One O’clock PM. And was delivered to Wiley Harrel same day and returned served on said James Montgomery by reading the same to him on the 8th day of March AD, 1872, at about 2 o’clock PM, and by giving him a copy of said Notice, at his residence in Prairie Township, Davis county Iowa. And served said Notice on A V Smith wife by giving her a copy of said writ, A Smith not being at home March the 8 at about one o’clock PM. Now on this 16 day of March A D 1872, comes James Montgomery said defendant and confess for three months. S Peter Giles, hereby does acknowledge myself indebted to Hellena Hubbard in the sum of thirty dollars and twenty one cents, in the above judgement and for the stay of 3 months. –signed Peter Giles execution served on this 17th day of June AD, 1872 and delivered to James E Reed, Constable at 8 ½ o’clock AM of said day. June 29, 1872 order to return execution. John M Smith, paid on the above judgement Twenty eight dollars and thirty eight cents to me_ July the 8th 1872. Execution was returned today and no levies made on it. July 9th John M Smith paid three dollars on the above judgement & cost which satisfies it all this July the 9, AD 1872. J N Brumley, JP.
Pg 19 Mrs Hellena Hubbard Vs James D Montgomery} State of Iowa, Davis County
Be it remembered that on the 8th day of March, AD 1872, that Mrs Hellena Hubbard filed herein as her cause of action claiming of said James D Montgomery the sum of twenty five dollars and forty cents. Due her on a prommisary note and with Adam Fordenwalt, for security and thereupon a Notice was issued returnable on the 16 day of March A.D. 1872 at One O’clock PM. And was delivered to Wiley Harrel same day and returned served the within notice on James D Montgomery at his residence in Prairie township, Davis county, Iowa by reading the same to him and by giving him a copy of the same at about two o’clock PM March the 8th A D., 1872. Now on this 16th day of March A.D. 1872, comes said James S Montgomery said defendant and confesses Judgment on the above cause and stay it for 3 months. J Peter Giles hereby acknowledge myself indebted to Mrs Hellena Hubbard in the sum of twenty five dollars and forty cents in the above judgment for the stay of three months. –signed Peter Giles Execution Issued on this 17th day of June A .D. 1872, and delivered to James E Reed, at 8 Constable at 8 1/2 AM O’clock of said day. June the 29th A D 1872 a line served today for constable to return the above named execution and John M Smith said off the above judgment and cost to the amount of Twenty eight dollars and 27/100. July the 8th A D 1872, Said Execution was returned today and no levies made on it, J N Brumley, JP. –signed.
Pg 20 Manning & Kay Vs John H Holdbrook} State of Iowa, Davis County
Be it remembered that on this 10th day of July A D., 1872, that Maning and Kays filed herein as their cause of action claiming of said John H Holdbrook the sum of eleven dollars & seventy five cents ($11.75cts) justly due them on a certain promissory note given to them by him and thereupon I gave said Defendant, (John H Holdbrook), word and he came on the 15th day of July A D 1872, and confessed judgment. This Jan 25th A D, 1873, this day J H Holbrook brought me an order from Manning & Kay for $8 50/100 and also paid $3.70/100 which settled all of the judgment cost , settled with me, J N Brumley, JP January the 25th A.D. 1873, this day I paid Kays $3 70/100 which settled it all off, J N Brumley, JP.
Pg 21 A J Smith Vs James M Alexander} State of Iowa, Davis County
Be it remembered that on this 13th day of May, 1872, A J Smith filed herein his cause of action claiming of James M Alexander & G A Deal, the sum of Eleven dollars and forty five cents, as money justly due him on a certain promissory note given to said A J Smith, for ten dollars and one dollar and forty five cents interest to and on the 15th day of May, A.D., 1872. Said J M Alexander appears without any original notice and confesses judgment. July the 2nd A D 1872, this day J M Alexander paid two dollars which settles the above Judgment and the 31 mailed $1.50 cts and sent to the a foresaid A J Smith, by his orders. J N Brumley, JP
Pg 22 Laban Luman Vs G A Deal and C W Deal} State of Iowa
Be it remembered here that on this 16th day of October AD, 1872, Laban Luman filed herein his cause of Action claiming of G A Deal and C W Deal, the sum of Fifteen dollars and thirty seven cents as money justly due him on a certain promissory note given to said Luban Luman for fifteen dollars and twenty five cents and twelve cents interest and thereupon a Notice was Issued on said 16 day of October, A D., 1872. Notifiying said G A Deal and C W Deal to attend trial on the 23rd day of October, at One o’clock PM of said day said Notice was returned served on the within G A Deal and C W Deal on the 16 day of Oct 1872, by reading the same to them and by giving them both a copy of said writ at their residence in Roscoe township, Davis County, Iowa. Now on this 23rd day of October, A D., 1872,, come said G A Deal, said defendant and confesses judgment on the above cause and stayes the above for Two months. I Andrew Walker acknowledge my self indebted to Laban Luman in the above Judgement that I am security for the same. –signed Andrew Walker This October the 23 A D 1872, John N Brumley, JP January the 10th 1873, This day the said G A Deal paid of the above Judgement and cost being $17 65/100 dollars. February 6th 1873, Paid Luman the above judgment receipt on file, J N Brumley, JP.
Pg 23 Russell and Rowland Vs C W Deal}
Be it remembered that on this 25th day of January, A.D., 1873, RUSSELL & ROWLAND filed herein their cause of Action, claiming of C W Deal, the sum of ($29.39cts) twenty nine dollars and thirtynine cents as money justly due them on a certain promissory note given to the said Russell & Rowland Jan. 1st AD 1872, FOR $26.54/100 and $2.85/100 Interest. The above suit was this day withdrawn by the plaintiff, J N Brumley, JP
Pg 24 Russell and Rowland Vs G A Deal} State of Iowa, Davis County
Be it remembered that on this 25th day of January, AD ., 1873 Russell and Rowland filed herein their cause of action, claiming of G A Deal, the sum of twenty two dollars and seventy five cents, $22.75/100 as money justly due them on a certain promissory note given to the said Russell & Rowland, Jan 1st 1872, for $20 55/100 and $2.20 interest. The above suit was withdrawn by the plaintiff.
Pg 25 J H Asher Vs Charles Foglesong} State of Iowa
Be it remembered that on this 14th day of March, AD., 1873, J H Asher filed herein his cause of action claiming of Charles Fogleson the sum of fifteen dollars and eightyone cents ($15.81/100) as money justly due him on a certain promissory note given to Said J H Asher on the 18th day of August, 1869, for twenty dollars. And thereupon a Notice was Issued returnable on Friday, March the 21st at one o’clock PM. And was delivered to J D Hughes Constable, same day and was returned served the within Notice by reading the same to him at his residence in Roscoe Township, March the 14th at 3 O’clock PM, and by giving him a copy of the same. March the 21st 1873, Now the hour comes and the said defendant Charles Foglesong fails to appear, I therefor render judgement against said defendant for the whole amount with interest and cost of said suit. This March the 21st AD 1873. John N Brumley, JP March the 24th AD 1873, this day after there was an execution issued on the above judgement and delivered to J B Hughes, Constable. April the 24 AD, 1873, said Execution was returned on the 23 day of April 1873. No property found to satisfy the within debt and cost- Jacob D Hughes, Const. J N Brumley, J.P.
Pg 27 State of Iowa Vs Gilman Clifton}
Be it remembered that on this April the 1st A D, 1873, Allen Carnine filed herein a complaint against the said Gilman Clifton that he did on the 31st day of March commit an assault of battery upon the body of Levi Carnine, by unlawfully striking him with his fist that the said Levi Carnine is a minor. – signed Allen Carnine Subscribed and sworn to before me this April 1st AD 1873, J N Brumley, JP And Thereupon a warrant was Issued for the arrest of said Gilman Clifton and also a subpoena for Levi Carnine as a witness on the part of the State, both of which were delivered to Jacob D Hughes, Constable and also a Suppeona for F A Pooler for defendant. April the 2nd A D 1873, 4 O’clock PM, Now the said Gilman Clifton is brought forth and says he is ready for trial, and after hearing the evidence on both sides I find said Gilman Clifton guilty of braking the peace and I fine him one dollar and the cost of prosecution- which he paid. John N Brumley, J P April the 8th AD 1873, Received of J N Brumley, J P the cost due me as Constable on the above suit. –signed Jacob D Hughes Received of J N Brumley JP, the cost due me on the above case, 70cts, May the 11, A D 1873- Levi Carme
Pg 29 State of Iowa, Davis County} I Allen Carnine do solemnly swear that Gilman Clifton has in his possession a Shot gun that belongs to me, it is a single barrel shot gun, it is worth Eight dollars that said Gilman Clifton got it from a minor and it belongs to me in whole and he will not give the gun up. I claim Eight dollars damage. –signed Allen Carnine Subscribed and sworn to before me this April 11th, A D, 1873, J N Brumley, JP Know all men by there presents that we Allen Carnine as principal and Jacob S Hughes as security are held and firmly bound unto Gilman Clifton in the penal sum of fifty dollars for the payment of well and truly to be made we hereby bind ourselves firmly by these presents dated at my office in davis county on this 1st day of April A D, 1873. The conditions of this bond are such that whereas the above bond Allen Carnine has this day sued out of the office of J N Brumley a Justice of the Peace in and for Davis County, Iowa a writ of Replevin against the said Gilman Clifton, to obtain the possession of a single barrel shot gun which he claims to be of the value of eight dollars and which he alleges the said Gilman Clifton detain from him wrongfully_ Now if the said Allen Carnine shall appear and prosecute this suit to judgement and return the property if a return be awarded and also pay all damages and cost which may be adjusted against him then this bond to be void otherwise in full force.- signed Allen Carnine and Jacob D Hughes
Pg 30 Allen Carnine Vs Gilmon Clifton} State of Iowa, Davis County
Be it remembered that on this 1st day of April A.D. 1873, The said Allen Carnine filed herein on his cause of action claiming of Gilmon Clifton the immediate possession of a certain single barrel shot gun worth Eight dollars and thereupon a Notice was Issued returnable on the 8th day of April AD, 1873 at One o’clock PM. And delivered to J D Hughes, Const. April the 2nd AD 1873, this day the above parties net and settled the above case and so it is dismissed from the docket, cost settles, J N Brunley, J P April the 8th A.D. 1873, Received of J N Brumley, JP, the cost due me as Constable on the foregoing case. – signed Jacob D Hughes, Const.
Pg 31 Charles S Moore Vs W W Power} State of Iowa, Davis County
Be it remembered that on the 4th day of June, A D 1873, Charles S Moore filed herein his cause of action claiming of W W Power the sum of one hundred dollars as money justly due him for two years labor commencing on or about the 16th day of March A D 1871. And thereupon a Notice was Issued returnable on the 12th day of June 1873, at One o’clock P.M. and was delivered to J D Hughes, Constable, same day, and also there was a suppeona Issued for A L Power and Michael Miller and George Walker and delivered to constable same day, June the 11 and a Suppeona was Issued for Wm Power. June the 11th A D, 1873, this day the parties met and settled the above case and Wallace Tower paid the cost, J N Brumley, JP. Received of J N Brumley, JP, the cost due me on the above case it being three dollars & 80/100 June 11 A D 1873. –signed Jacob D Hughes, Const
Pg 32 Joseph Hunter Vs Andrew Walker & N J Badgett}
Be it remembered that on this 13th day of June, A D 1873, Joseph Hunter filed herein his cause of action claiming of Andrew Walker and N J Badgett the sum of Twenty Three 10/100 dollars ($23 10/100) as money justly due him on a certain promissory note given to said Joseph Hunter on the 16 of October 1869 for $ 18.30 cts. And thereupon I gave said Andrew Walker word and he came on the 20th day of June (1873) and confessed Judgement and took the stay for three months by giving C A Deal for security. June the 27th AD 1873, This day George A Deal authorized me before witness to put him dow for stays for the above judgement-JNBrumley, JP. Received on the above Judgment Twenty dollars, this sept the 17th AD 1873. Oct the 17th AD 1873, received on the above judgment two dollars and fifty cents. Received on the judgment $1.75/100, Received of J N Brumley , Justice of the peace, twenty three dollars and seventy five cents in full of the above judgement this Jan the 10th, A D., 1874, J Hughes January 16th AD, 1874, received of A Walker 50 cts on the above judgement and cost, J N Brumley, JP
Pg 33 Robert Hendricks Vs Absolom Beans} State of Iowa, Davis County
Be it remembered that on this first day of September A D 1873, Robert K Hendricks filed herein his cause of action claiming of Absalom Beans the sum of twenty five dollars damage for one hog that said Absalom Beans defendant killed of his and thereupon a Notice was Issued returnable on the ninth day of September 1873 at one o’clock P M and also a suppoena for Oliver Hill & Samuel R Brown. Beans for witnesses and said Notice and Suppoenas was delivered to J D Hughes, Const same day and also a suppeona was ordered out for John Joseph on the fifth and I issued it on the 6th and gave it to the Constable same day. Sept the 9th A D 1873, this day the Const returned the original Notice served by leaving a copy with Absalom Beans wife at his house in Roscoe Township, Davis County, Iowa about nine o’clock A M., Sept 2, 1873. Suppoena returned served on Oliver Hill by reading same to him Served on Samuel R Brown by leaving a copy at his house served on W A Beans by reading same, to him. Suppeona for John Joseph returned cannot find him in my county to make service. September the 9th A D, 1873 the hour arrives and plaintiff calls for a jury and a writ Issued. Immediately and placed in the hands of J D Hughes,, Constable- rit returned J W Hunter, Allen Carnine, William Cless, Joseph Hall, C A Watson, C Brumley, Summonised as Jurors, C A Watson was rejected and William Boyd Summoned in his place. Jury sworn and take their seats and after hearing all of the testimony they brought in the following verdict- We the jurors find a verdict in favor of the Plaintiff to the amount of Fivedollars- Plaintiff pay one half of the cost and Defendant one half of the cost of said suit. J W Hunter Foreman, John N Brumley, Justice of the Peace. Jurors fees- JW Hunter $1.00, Allen Carnine 1.00, William Cles 1.00, Joseph Hall 1.10, Columbus Brumley 1.10, William Boyd 1.10, Witness fees- Oliver Hill 90, Wm A Beans 90, Charles Campbell 50, George Lunman 50, Charles A Watson 50. October the 24th A D 1873, this day Absalom Beans paid five dollars on the above case J N Brumley, JP. November 12 1873, this day A Bean paid three dollars on the above judgement and also brought a receipt from Oliver Hill and Wm A Bean for their cost on the above case amounting to $1.80 cts. December the 4th A D 1873, Received of J N Brumley, JP, four dollars and forty five cents for my cost on the above case. Jacob D Hughes, Const. Received my cost on the above case two dollars and seventyfive cents, Jan the 26th AD 1874, this day A Bean paid three dollar and sixty cts $3. 60/100 on the above judgment. J N Brumley, JP.
Court fees serving original Notice .50, Mileage .35, Suppeona $1.15, for serving same .45, summons of jury 1.00, attending on trial 1.00. Justice fees .50, original notice .50, 2 Suppeonas 50, Jury called 1.00, Venire for jury 25. Oct AD 1873, Robert K Hendrick gave me orders to pay out the Five dollars that he got judgment for against A Beans on his part of the costs. January the 15th AD 1874, Received of R K Hendricks, three dollars and forty cents cost on the foregoing judgment, being the amount due him today.
Pg 35 Jirred Cone Vs Henry Corrick}
Be it remembered that on this 3rd day of October A D 1873, Jirred Cone filed herein as his cause of action claiming of Henry Corrick the sum of ninety two dollars and ninety eight cents as money justly due him by the said Henry Corrick for one hundred and nine dollars and fifty cents. And thereupon a Notice was Issued returnable on the 11th day of October A D 1873 at one o’clock PM and delivered to J D Hughes Constable for service, rit returned served the within notice by reading the same to the within named- at his house in Roscoe Township, Davis county, Iowa this Oct 4th A D 1873, J D Hughes, Constable October the 11th A D 1873, the hour comes and both parties uppear and said defendant said he would not make any defence so I give plaintiff judgement for the whole amount claimed and cost and interest. J N Brumley, JP. December the 26th 1881, received of JN Brumley, $15 on the above case. March 30, 1880, receipt of Henry Corrick, $26 to be entered on claims with John Brumley, Esq $26.00, copy of receipts to Jarede Cone, August the 21st 1882 received of Henry Corrick $19.90 of the above judgment. September the 13th 1882 receive $10 on above case, -signed John S Beans, per Jared Cone.
Page 36 Jirred Cone Vs Isaac Corrick}
be remembered that on the third day of October 1873, Jirred Cone filed here in his cause of action claiming of Isaac Corrick the sum of $3.10 is money justly to him on a book account and there upona notice was issued returnable on the 11th day of October 1873 at 1:00 p.m. and delivered to J. D. Hughes constable for services_writ returned served this within notice by reading the same to the within named Isaac Corrick and Roscoe Township Davis County Iowa this October the fourth 1873. J.D. Hughes constable October the 11th 1873 both parties appear and said defendants will not make any defense so I give said plaintiff judgment for the equal amount claimed with interest and cost. J. N Brumley Justice of the peace. –signed Jacob D. Hughes execution order now October the 22nd 1873 returned by order of plaintiff and proceedings stopped. November the 17th a.d. 1873. J. D Hughes Constable, JN Brumley, JP March the 27th AD 1874, this day plaintiff settled the remainder of cost on the above case to date. May 1874 perceived J. N. Brumley, JP per costs on the above case signed Jacob D. Hughes Constable. Costs for commencement of suit $.50 original notice .50 judgment .50, received a plaintiff for this case 1 dollar 50. Constable fee per serving original notice $.50 mileage .50, execution $.50.
Page 37 Jirred Cone Vs Isaac Corrick}
One can be remembered that on this third day of October AD 1873, Jirred Cone filed herein as his cause of action claiming of Isaac Corrick the sum of $21.30 as money just to him on a certain promissory note giving him by the said Isaac Corrck on March 14 AD 1861 for $12.50 and thereupon a notice was issued returnable on the 11th day of October 1873 at 1:00 p.m. and delivered to J.D. Hughes Constable for service Rit returned served this with a notice by reading their written notice to Isaac Corrick in Roscoe Township Davis County Iowa this October 4, 1873 signed JD Hughes. October the 11th 1873 both parties appear and after hearing the evidence in the case I get plaintive judgment for the whole amount claimed with interest and cost of suit JN Brumley JP. Received a plaintiff one dollar for my cost on above case. Jacob D. Hughes, Const. execution ordered out October the 22nd 1873. Execution order returned by plaintiff in all proceedings stopped this date November 17, 1873. March 27, 1874 this day plaintiff on the above case settled the remainder of the cost up to date.
Page 38 William Gnash Vs Andrew Walker}
Be it remembered that on this 31st day of December 1873 William Gnash filed here in at this cause of action claiming of Andrew Walker is some of $22.20, as money justly do him on a certain promissory note given him by the said Andrew Walker, on January the first 1871. And thereupon the notice was issued returnable on the seventh day of January 1874, at 1:00 p.m. and delivered to J.D. Hughes, const.
For service rit returned I served them with a notice reading the same to the within named Andrew Walker of Roscoe Township Davis County Iowa this January 1, 1874, signed by Jacob D. Hughes. January the seventh 1874 1:00 p.m. the hour comes and the defendant fails to appear to make any defense, I’d therefore render judgment against Andrew Walker, said defendant for the whole amount with interest and costs of suit. JN Brumley, JP. January the 16th 1874, received into Walker $22.30 on the above judgment and cost, January 24, 1874 proceed to Jay and Bromley Justice of the peace, $.65 for cost on the above case, signed Jacob D. Hughes. Constable March the 27th 1874 received of A Walker $1.20 on the above judgment, JN Brumley, JP.
Page 39 Stephen Gnash Vs Franklin Sheaves}
Be it remembered that on the 15th day of January A.D 1874, Stephen Gnash filed herein as his call to action claiming of Franklin Sheaves the sum of $90 as principal and $3.60 interest as money justly due him on an account for a wagon that said Franklin Sheaves on or about the 24th day of May 1873. And thereupon a notice was issued returnable on January the 24th 1874 at 2:00 p.m. and delivered to J.D. Hughes Constable for service rit returned served by reading the same to said Franklin Shreaves by reading the same to him at his residence in Roscoe Township Davis County Iowa and by leaving a copy of the same on January 17, 1874. –J. D. Hughes Constable January the 24th 1874, at the hour comes and said Franklin Shreaves failing to appear and said Stephen Gnash swore to his claim, I’d therefore render judgment against a defendant for the whole amount with interest and cost of suit. John N Brumley, JP. And cost of suit taxed at $2.80 and transcript $.50 notice $.50 judgment $.50 mileage $.70, January 8, 1875 received of Gnash $3.80 cost on the above case, March 1875 received of J N Brumley, JP $1.30 for my costs to me on the above case.- signed Jacob D. Hughes
Pg 40 Jirred Cone Vs Wm Abernathy}
Be it remembered that on this 19th day of January 1874, Jirred Cone filed herein as his cause of action claiming of William Abernathy the sum of $13.69, justly due him on a certain promissory note given him by the said William Abernathy, on February the 21st 1872 for $11.50 and thereupon I gave said William Abernathy word and the same day said William Abernathy came and confess judgment on the same. And to this day for two months. And also brought a line from J. W. Corrick that he would stand good for the above debt till it was paid- J. W. Corrick, stayed. March the 17th 1874, this day William Abernathy came and paid $13.90 on the above judgment in full with the exceptions of cost, J. N Brumley. March the 27th 1874 this day, Jirred Cone plaintiff on the above case came and said that he was to settle the cost on the above case and he also said to take the cost out of the money at William Abernathy paid and for him back was to justice and Constable on the docket in the cases between Jirred Cone plaintiff and Henry Corrick defendant and also Jirred Cone plaintiff and Isaac Corrick defended in two cases all of said costs not paid on all four cases amounting to $9.05. Received a JN Brumley, justice of the peace $4.85 in full of the above judgment. –signed Jarid Cone
Page 41 Samuel Parks Vs James M Alexander}
Be it remembered that on the second day of February 1874 that Samuel M. Parks filed here in as his cause of action claiming of James M. Alexander and Andrew Walker does some of $34 as money justly to him on a certain promise carried no giving him by said James M. Alexanderon the 30th day of September 1869. For $25.50. And thereupon I gave James M. Alexander word and he came same day and confessed judgment on the above case and omitted the legal service of the original notice and brought a line from E. Bell, giving me on authority to put him down for security on the above case, and to this day for three months. May the 23rd 1874, AD, received of J. M. Alexander, $36 in full on the above judgment and cost. J N Brumley, JP
Page 43 G B Humphrey Vs David Griffeath}
Be remembered that on a 22nd day of August 1874 the said GB Humphrey filed herein as his call to action claiming of David Griffeath the sum of $50, for good and merchandise etc. sold to one Walker Griffith minor heir, son, of said David Griffith and therefore a notice was issued returnable August 29, 1874 at 1:00 p.m. and delivered to JD Hughes constable for service. August 29, 1874 I served this with a notice by reading the same to within being named David Griffith at his house in Roscoe Township Davis County Iowa this 22nd day of August 1874, signed J. D. Hughes, Const. and also recipe note issued for J.D. Hughes, Martin Kays, Alvin Moore, J. K. Trebelcock, for witness for the defendant. Subpoena returned served by reading to do with being named this 22nd day of August 1874. August 29, 1874 the hour comes in both parties appeared plaintive calls for a jury in both parties agree to trial case before a jury of three and a venue for a jury was issued and delivered to J.D. Hughes Constable- venue returned Served, on that within names, Alan Carnine, C Harrel, A Sigler. So both parties agreed to try it before the above-named verse and after hearing all of the evidence the attorney pleed they gave it their verdict as follows, we the jury find a verdict in favor of the defendant, as it is therefore conjured that defendant recover his cost of plaintiff. Appeal called for by plaintiff and granted when the bond is filed in time. Juror fees, Alan Carnine $1.00, C Harrel 1.00, A Sigler 1.00, witness fees; Martin Kays .80, Alvin Moore $.80, J H Trebelcock one dollar, J. D. Hughes $.70, Charles Morris dollar 10, G. W. Bell .50; total cost on the foregoing case $16.15. The cost on the above case was collected and over to the main recipient. November 3, 1875 received $5.70 cost to me on the above case, signature J. D Hughes
Page 45 & 46 Michael Cossel Vs Oliver M Joseph}
Be it remembered that on the second day of November 1875 Michael Cossel filed herein as his cause of action claiming of Oliver M. Joseph the sum of $60 as money justly do him on a certain promissory note given him by the said Oliver M. Joseph on the 27th day of April 1875 for $60. And thereupon a notice was issued returnable on the ninth day of November 1875 at 1:00 p.m. and delivered to J.D. Hughes Constable for service- Rick returned I could not find Oliver M. Joseph in the county to make service on him. Jacob D. Hughes. Subscribed and sworn to mean this November 3, 1875, JN Brumley. And the aforesaid Michael Cossel , swore out a writ of attachment on November 2 at 2:00 p.m. 1875. Writ returned, I attached the undivided half of 28 acres of corn belonging to O M. Joseph, said corn is in the C Augsburger field in the southwest part of said land in Roscoe Township and also one coal oil can, -one pillow- slip of wheat flour and one corn cutter, three fruit jars, one sack, salt and three chairs, one garden hoe, and one sugar box. Subscribed and sworn to before me this day November 3, 1875 Cossell did on the third day of November 1875, swore at a search warrant to search for property belonging to all Oliver M. Joseph, locked up in a house. Lately occupied by said Oliver M. Joseph, writ delivered to J. D. Hughes, for service November 3, 1875 returned, swear that inventory containing a true account of all the property taken. 2 pots, 1 stove boiler, 1 stove pan, 1 teakettle, 1 breadpan, 1 cook stove, 1 feather bed, 1 sheet, 1 quilt, 2 pillow, 1 looking glass, 6 plates, 1 teacup, 1 cake pan, 1 salt cellar, 2 nines, 4 Forks. Jacob D. Hughes, subscribed and sworn to me this third day of November 1875, JN Brumley, JP
November the 9th 1875, now the hour comes Oliver M. Joseph fails to appear in the original notice is returned I could not find Oliver M. Joseph in the county to make service on him. I therefore make an order and require JD Hughes constable to notify all Oliver M. Joseph, to attend trial on the 11th day of January 1876 at 1:00 p.m.- JN Brumley, JP January 11, 1876 now the hour comes and Oliver N Joseph appears and confesses judgment on that note of said sixty dollars. April the 19th 1876, this day Michael Cossel paid $5.27 on the above judgment and on the judgment on the opposite page together. June 22, 1876 received of J. N. Brumley JP, $4.03 of costs on the above judgment.- Jacob D. Hughes Constable. Fees, notice $.50 mileage $.30 serving attachment to defense mileage $.30 serving warrant $.75, search warrant for $.50
Pg 47 OM Joseph Vs J D Hughes Constable} State of Iowa, Davis County
Be it remembered that on this 5th day of January, A .D. 1876 Oliver M Joseph filed herein as his cause of action claiming of Jacob s Hughes, Constable the immediate possession of household and other articles the said O M Joseph claims to be worth fifty dollars and also he claims seventy five dollars damages for said articles are held by J D Hughes, Const., with an Attachment and search warrant for Michael Cossel and thereupon a writ of Replevin was Issued and delivered the 5 day of Jan 1876 into the hands of T B Harbin for service this 5 day of Jan, 1876. And also the original notice was issued and delivered to T B Harbin for service writ of Replevin, returned. This writ came into my hand on Jan the 5th 1876, and was by me served on J D Hughes, Constable and all of the property turned over to O M Joseph on file, T B Harlin, Sworn to before me this 10th day of Jan, A D 1876. –J N Brumley, JP Also the original Notice returned this notice came into my hand Jan the 5th, 1876, and was served by me on Jacob D Hughes, Constable at his residence in Roscoe Township, Davis County, Iowa, the same day J B Harbin sworn to before me this Jan the 10th, A D 1876. –J N Brumley, JP January the 11th, A D 1876, Now the hour comes and both parties appear that is OM Joseph and M Cossel and Compromises the case by M Cossel gives all the property and both parties pay that of the cost of the Suit on Pages, 45-47 –J N Brumley, JP. Witness, Eli Joseph .80, G W Wray .80, C Gingerich .80, A S Hubbard .80, Philip Brook .80, March 1876, Received of J N Brumley, one dollar and twenty cts $1.20 as cost due me on the foregoing case. –signed Thomas S Harbin [Hearbin]. Nov the 11th A D 1876, this day Michael Cossel paid two dollars and fifty cts cost as balance of his part of the cost on page 45-47, J N Brumley, JP.
Pg 49 Perry S Holbrook Vs George A Deal, Jacob Deal & C W Deal} State of Iowa, Davis County
Be it remembered that on this 8th day of February, A D 1876, Perry Trebelcock filed herein as his cause of action claiming of George A Deal, Jacob Deal and C W Deal the sum of thirty dollars $30.00 for pasture of a stock field that they bought of the said Perry S Trebelcock. And thereupon a Notice was Issued Returnable Feb the 15th AD 1876 at 10 o’clock A M Said Notice returned, I served this within Notice by reading the same to the within Names, Jacob Deal and C W Deal to George A Deal by leaving a copy in the hands of C W Deal in his house in Roscoe Township, Davis County, Iowa, this ninth day of Feb A D 1876, Jacob D Hughes, Constable Feb the 15th AD 1876, Now the hour comes for trial and George A Deal having come Feb the 12th and confessed Judgement on the above amount, Thirty dollars, J N Brumley, JP Rec my cost on this judgment December 23, 1876, Jacob D. Hughes, Const. I Andrew Walker acknowledged myself bale for G A Deal, J. D. Deal and C. W. Deal. –signed Andrew Walker. June 10, 1876 Mr. Brumley only collect $25 in the balances settled. Perry S Trebelcock, Milton, Iowa, February 25, 1876. Mr. J. N Brumley pleased to say to the order of William Gnash $30 and interest on judgment against George W. Deal and oblige yours. –signed Perry Trebelcock. Received on the above judgment 25 dollars this June 12, 1876. December 23, 1876, received of G. A Deal on the above cost $2.21, JNB. Constable fees, serving this notice the dollar 50, mileage $.60, original notice $.50, judgment $.50. June 12, 1876 this day I paid to William Gnash $25 on order of P. S. Trebelcock.
Page 50 Henry Prater its Vs GD Deal and CW Deal}
Be it remembered that on this eight day of March A.D. 1876, that Henry Prater for filed here in as his cause of action claiming of G. A Deal and C W. Dealthe sum of $20.90 justly do him on a certain promise very no given him by the said G A Deal and C W Deal, on the 17th day of March 1875 for $40 and thereupon the notice was issued returnable on the 18th day of March 1876 at 1:00 p.m. and delivered to J.D. Hughes Constable for service writ, were turned I served this within notice rightly being a copy of the same in the hands of C W Deal, at his house also the same for G A Deal, at his house in Roscoe Township Davis County Iowa this March 10, 1876.- signature Jacob T. Hughes Constable. March 18th 1876, now the hour comes for trial in the defendant failing to appear, I there for render judgment against the defendant for the holds some claimed with interest and cost to suit which is taxed at $23.86, J N Brumley. March the 27th 1876 I. Andrew Walker acknowledge myself security or bail for G A Deal and C W Deal, on the above judgment.- signature Andrew Walker. Received on the above judgment $22, JN Brumley, JP Justice peace, commencement of suit $.50, original notice $.50, judgment $.50 it’s copy $.10, mileage $.30 July the 26th 1876 receipt $21.66 in full on the above judgment. –signature Henry Preters.
Page 51 George Thompson versus George A. Deal}
Abe it remembered that on this 19th day of August 1876, George Thompson filed here in as his cause of action claiming of George A. Deal the sum of $20 on balance of money justly due to him on a certain parcel of corn. Sale to the said George A. deal by Lewis Thompson a minor son of said George Thompson in the year 1875. And thereupon a notice was issued returnable on the 26th day of August 8 AD 1876 at 2:00 p.m. and delivered to J.D. Hughes Constable for service. Notice returned, I served this written notice by leaving a copy of the saying in the hands of G. A. Deal, Father, at his residence in Roscoe Township Davis County Iowa, dated this August 19, 1876. (also a subpoena for R Yoke Deft.) Jacob D Hughes, Const. Also a subpoena Issued for Plaintiff for Perry Trebelcock witness and also one subpoena for Lewis Thompson and George Gristy Subp, Returned served by reading the sam to the within named persons, J D Hughes, Const. August the 26th AD, 1876, Now the hour comes and both parties appear and answers to call and say they are ready for trial, the defendant demands that the cost he made good for the Plaintiff is an non-resident of the state and in a failure of the Plaintiff givening Security for cost, I therefore declare it an nonsuit and therefore the Plaintiff is to pay the cost. J N Brumley, Justice of the Peace. Thompson paid three dollars on the above case at the commencement of the Suit. Jun the 11th 1877, Rec of J N Brumley, $1.50 on the foregoing suit. J D Hughes, Const fees, Orig Notice .50, Mileage .25, Copy .10, Judgement by default .50
Pg 53 E F Bell Vs Perry F Trebelcock}State of Iowa, Davis County
Be it remembered that on this first day of November, AD , 1876 E F Bell filed herein as his cause of action claiming of Perry Trebelcock the sum of eight dollars and ninety cents, due him on a Book account against the said Perry Trebelcock. And thereupon I gave the aforesaid Perry Trebelcock word and he came and confessed Judgment on the amount and omitted the Service of the original notice. J N Brumley, JP Nove the 10th, AD 1876, I James H Trebelccock Acknowledge myself good and sufficient security and stayer for the above judgment, J H Trebelcock-signed. December the 30th, AD 1876, Received of Perry Trebelcock, Nine dollars on the above judgement. J N Brumley, JP. Receipt on file of E F Bell for the above judgement, J N Brumley. April 21, 1877, Rec of Perry F Trebelcock one dollar for the above cost, J N Brumley, JP.
Pg 54 Harrel & Brother Vs Perry Trebelcock}
Be it remembered that on this 1st day of Nov AD, 1876, Harrel and Bros filed herein as his cause of action claiming of Perry P Trebelcock the sum of twenty dollars, fifty eight cts, as money justly due them on a certain promissory not given to them by the aforesaid P P Trebelcock, on the 8th day of September 1876 for twenty dollars and forty six cts due one month after date at ten percent per annum and thereupon I gave the aforesaid Perry P Trebelcock word and he came and omitted the legal service of the Original Notice and confessed judgment on the whole amount. J N Brumley, JP November the 8th AD 1876, This day I got a line from H Harrel to stop the proceddings on the foregoing judgment, November the 15th, 1876, This day Harrel & Brother took the above named Note and dawed the suit. April 21, 1877, Rec of Perry P Trebelcock, one dollar cost on the above case., JN Brumley, JP.
Pg 55 & 56 Eli Corrick Vs M Corrick}
Be remembered that on the 22nd of November 18, 1876 Eli Corrick filed herein as his cause of action claiming of M. Corrick the sum of Six dollars and ten cts, for work and use of cultivator and cherries , And thereupon a Notice was served, returnable on the 2nd day of December, at 1:00 p.m. and delivered to O Burton for service. Notice returned, I served the within notice by reading the same to him at his residence in Roscoe Township, Davis County, Iowa, Served Nov 23, 1876, Returned sworn to and also there were Subpeona Issued for Witnesses afor Plaintiff for Wm E Brown & Nancy Brown, and Wm Kinnaman, and Amelia Ann Kinnaman and also a Subpeona Issued for J W Hunter for witness for Deft., writs returned all served by reading but on Wm Kinnamon and on him by copy. Now on this 2nd day of December, AD 1876. Both parties appear and Plaintiff call for a Jury, both parties agree to try the case by a Jury of three, Jerremiah Harrel and William Bishop and T B Harbin were summoned and accepted by both parties, Defendant files a claim against Plaintiff for twelve dollars and seventy five cents. The jury then proceeded to try the case after they heared all of the evidence in the case. They brought in the following verdict, We the undersigned Jurors find a verdict in favor Defendant to the amount of One dollar and Plaintiff pay all the cost, Jeremiah Harrel, Thomas B Hearbin, William Bishop, Jurors, Cost of suit taxed at Twenty two dollars and eighty five cts. John N Brumley, JP Cost due Jurors as follows, Jeremiah Harrel $1.00, Thomas B Harbin 1.00, William Bishop 1.00, witnesses Wm E Brown 1.00, Nancy Brown 1.00, William Kinnamon 2.50, Mariah Ellen Corrick .50, Laura Alice Corrick .50, J W Hunter 1.00, O Burton Constable $6.85, J D Hughes Constable $2.00, J N Brumley, JP., Deposition $3.75, Total Judgment cost $23.85. Feb 24, 1877 Mr J N Brumley, Esq, you may credit the Docket with $2.00 for myself and Wife, cost in the case of Eli Corrick & Martiney Corrick, & this shall be your receipt for the same.- W E Brown. Feb the 27th, 1877 Ree of Eli Corrick ten dollars on the above judgment and cost. March 3, 1877 Rec of J N Brumley, JP one dollar cost due me on the above suit, -signed T B Hurbin. March 23, 1877 Rec of Eli Corrick Five dollars on the above cost, June 7, 1877 Rec of JN Brumley, JP, six dollars and eighty five cents cost due me on the above case. Signed – O Burton.
Pg 57 Rowland & Wallis Vs G A Deal} State of Iowa, Davis County
Be it remembered that on this 11th day of December, AD, 1876, Rowland and Wallis filed as herein their cause of action claiming of G A Deal the sum of Fifty five dollars & fifty cents as money justly due then on a certain promissory note given to said Rowland & Willis, dated January 1st 1876 for fifty dollar & sixty five cts, And thereupon a notice was Issued returnable on the 18th day of Dec 1876, at one o’clock PM and delivered on the 19th day of December, JD Hughes, Const. for service, Notice returned I served this within notice by reading the same to the within named, G A Deal at his residence in Roscoe Township Davis County Iowa, this 13th day of Dec 1876, J D Hughes, Const. December the 19th A D 1876, Now the hour comes for trial and the Defendant failing to appear I therefore render judgement against said defendant for the whole amount claimed with Interest and cost of suit, taxed at Fifty seven dollars and seventy cents, J N Brumley, J P. Jan 17, 1880 Rec’d of Robert Rowland one dollar & fifty cents cost due me on the above case, John N Brunley, JP. Copy of Receipt, Milton October 20, 1882 of John N Brumley, said judgment vs I hereby certify the above receipt is received in full of the two judgments of Russell and Rowland and Rowland and Wallag, Geo A Deal _ Robert R Rowland, a true copy of the original, John N Brumley, J P.
Pg 58 State of Iowa, Davis County } Russell & Rowland Vs G A Deal
Be it remembered that on this 11th day of December A D 1876, Russell and Rowland filed herein as his cause of action claiming of G A Deal the sum of six dollars & twentysix cts, $6.26, as money justly due them on a certain promisary note given to Russell & Rowland dated Jan the first 1872, for Twenty dollars & fifty five cents and thereupon a notice was Issued Returnable on the 19th day of December AD 1876, at One O’clock PM, and delivered to J D Hughes Constable, for service. Notice returned I served this within notice by reading the same to the within named G A Deal at his residence in Roscoe Township, Davis County, Iowa, this Dec 13th 1876, J D Hughes, Const. December the 19th, AD 1876, Now the hour comes for trial and the Defendant fails to appear, I therefore Render judgement against said defendant for the whole amount & claimed with interest and cost of suit. Taxed at Eight dollars & forty six cts, $8.46. J NBrumley, JP. Jan 17, 1880; Rec of Robert Rowland one dollar and fifty cents cost due me on the above case. J N Brumley, J.P.
Pg 59 State of Iowa, Davis County} Peter Humbert Vs George Deal and C W Deal
Be it remembered that on this 13th day of December A D 1876, Peter Humbert filed herein as his cause of action claiming of George Deal and C W Deal, the sum of Twenty six dollars as money justly due him for pasture in 1875 & 1876 and balance on cow. And thereupon a notice was Issued Returnable on the twenty third day of December AD, 1876, at One O’clock PM and delivered to J D Hughes, Constable for service & writ returned I served this within notice by reading to the within named G Deal and C W Deal at their residence in Roscoe Township, Davis County, Iowa this 13th day of Dec 1876, J D Hughes, Const. Now the hour comes for trial and both parties appear according to Notice and after hearing al of the testimony in the case I defer giving judgment till Dec the 26th at one o’clock PM and both parties agreed
To it. Now this 26th day of December, AD 1876, the hour comes and I give judgment against Plaintiff, for cost of suit said cost taxed at five dollars and ninety cts, $5.40, John N Brumley, JP. Witness for O Burton, .50 cts; Witness fees W L Robins .50 cts. Jan 30, 1877 Rec of Peter Humbert, Five dollars & forty cts. For cost on the above judgment . Jan 30, 1877 Rec of J N Brumley, JP & 2.40 cts, due me on the above judgment, Jacob D Hughes, (signed) June the 7th, 1877, Received of J N Brumley, JP, 50 cts cost due me on the above case, (signed) O Burton.
Pg 61 State of Iowa, Davis County } Alzina Wright Vs John Wright
Be it remembered that on this ninth day of February A D 1877, Alzina Wright filed herein as her cause of action claiming of John Wright the sum of sixty two dollars as money justly due her on a certain promissory note given to the said Alzina Wright dated October the 20th 1874, for fifty dollars and thereupon a notice Issued Returnable on the 17th day of February AD 1877, at one o’clock PM. And delivered to Jacob D Hughes, Const. for service, notice returned. I served this within notice by reading to the within named John Wright at his residence in Roscoe Township, Davis County, Iowa, February 10th, 1877. Jacob D Hughes, Const.
Feb the 17th AD , 1877, Now the hour comes for trial and said John Wright defendant appears, and acknowledges judgment on the above case. John N Brumley, JP. Nov 27, 1880, Rec’d of John Wright, Twenty dollars. Nov 27, 1880 Rec’d of John Wright, One dollar and fifty cents. Dec 10th 1880, Rec’d of JN Brumley, JP, Forty dollars on two judgments on his docket, twenty dollars on each judgment. Alzina Wright, (copy of receipt).
Pg 62 2nd Promisory Note for $50 due Alzina Wright from John Wright, dated September 19th, 1874.
Pg 63 & 64 State of Iowa} Manning & Kays Vs Joseph Hall
Be it remembered that on this 8th day of June A D, 1877, Manning and Kays filed herein as their cause of action claiming of Joseph Hall the sum of Eighty dollars & fifty four cents, $80.54 as money justly due them on a certain promissory note dated January 1st 1875, the 2nd promissory note for $33.50 dated April the 3rd, 1876. June the 15th 1877, this day Joseph Hall came and paid on the above case, Rec’d of J Hall.
Pg 65 State of Iowa} Vs Wm M Bennett & J W Bennett Vs Wm W Anderson
Be it remembered that on this 20th day of February, AD 1877, Wm M & J W Bennett filed herein as their cause of action claiming of Wm M Anderson the sum of Ninety three dollars, $93.00 as money justly due them on a certain promissory note given to the said Wm M & J W Bennett, dated Sept 20th 1875, Due twelve months after date for one hundred & forty dollars $140.00 And the said Wm M Anderson waives all notice on said case and acknowledge judgement on the above amount of ninety three dollars, J N Brumley, JP. March the 2nd A D, 1877, I John Brumley, do hereby acknowledge myself security for Wm M Anderson for the payment of Judgement . Interest and cost that may accrue at or before the expiration for the term of the stay of execution in this suit wherein Wm M Bennett & JW Bennett is Plaintiff and Wm W Anderson is Defendant, dated at Davis County, Iowa this 2nd day of March 1877. John Brumley, Surity. August the 27th, AD 1877, received of Wm M Anderson, ninety eight dollars and seventy five cents in full of the above judgment and cost. J N Brumley, JP.
Pg 66 State of Iowa} John Coones Vs Jeremiah Harrel
Be it remembered that on this 19th day of March AD, 1877, John Coones (Coomes) filed herein as his cause of action claiming of Jeremiah Harrel the sum of Five Dollars as money justly due him as a balance du the said Jon Coomes for Stock pasture. And thereupon a notice was Issued Returnable on the 24th day of March AD 1877, at one o’clock PM and delivered to Jacob D Hughes, Const. for service, writ returned, I served this within notice by reading to the within named Jeremiah Harrel at his residence in Roscoe Township, Davis County Iowa, at 10 o’clock Am this 19th day of March, AD 1877. Also a subpoena issued for defendant and plaintiff, and subpoenas returned, I served this subpoena by reading to Thomas Russell at his house in Roscoe Township, Davis Co, Iowa, this 19th day of March 1877. March the 24th, AD 1877, Now the hour comes for trial and both parties appear and say they are ready for trial the defendant claims a dismissal of the case on the ground that it was a money demand and the contract was for timber. I therefore after hearing all of the testimony in the case decide there was no cause of action in the case and I therefore dismiss it from court and said plaintiff pay the cost. J N Brumley, JP. Witness fees; Thomas Russell, $.70, M Collins, $.50 Serving Notice .50, Mileage .20, 2 Subp .30, Mileage .40, September 10, 1877 Received of John Coomes one dollar & sixty cents cost on the above case.
Pg 67 State of Iowa} Harrel & Sigler Vs William H Norman
Be it remembered that on this 11 day of June AD 1877, Harrel & Sigler field herein as their cause of action claim of Wiliam H Norman the sum of twenty three dollars & eighty cts as money justly due them on a certain promissory note given to the said Harrel & Sigler dated July the first 1876 for twenty three dollars & fifty cents and thereupon a notice was Issued Returnable on the 18th day of June 1877 at One o’clock PM and delivered to C Brumley , Const. for service. Notice returned, served, the within notice by reading to the within named William H Norman, at his residence in Roscoe Township, dated this day, June the 11th AD 1877.
Now the hour comes for trial and the said defendant failing to appear, I therefore render judgment against him for the whole amount with interest and cost. J N Brumley, JP June 26th 1877, T O Burton do hereby acknowledge the payment of the judgment interest & cost that may accue at or before the term of the stay of execution in the suit wherein Harrel& Sigler is plaintiff and William H Norman is defendant, dated at Davis County, Iowa on this 26 day of June 1877. O Burton. September 14, 1877 received of J N Brumley, JP, twenty four dollars & 38 cents in full of the above judgment. A Sigler. Sept 14, 1877, Rec of W H Norman, Per O Burton, twenty four dollars & seventy five cts on the above judgment, J N B.
Pg 68 State of Iowa} Eli Bennett Vs Daniel Ring & A G Cassel
Be it remembered that on this 24th day of August AD 1877 Eli Bennett, filed herein as his action claiming of Daniel Ring and A G Cassel the sum of twenty six dollars and eighteen cts. ($26.18)
As money justly due him on a promissory note given to the said Eli Bennett dated September the 20 1875, for Twenty three dollars and ninety five cents. And there upon a notice was Issued Returnable on the 1st day of September, AD 1877. Now comes the hour for trial and the defendant fails to appear.
Pg 70 State of Iowa} William Gnash Vs Perry Trebilcock
Be it remembered that on this 27th day of October, AD 1877, William Gnash filed herin as his cause of action claiming of Perry Trebilcock the sum of Thirty eight dollars and ninety cents ($38.98) as money justly due him on a certain Promisory not given to the said William Gnash dated March the 1st 1875, for twenty nine dollars & thirty five cents and the said Perry Trebilcock came and waived all notice and conferred judgment on the whole amount. J N Brumley, JP. I James H Trebelcok do hereby acknowledge myself security for Perry Trebilcock for the payment of the judgment Interest and cost that may accrue at or before the expiration of the term of the stay of execution and Perry Trebilcock is defendant dated at Davis County Iowa, on this 27th day of October AD 1877, J H Trebilcock, Surity (on file). January the 21st, 1878 Received of Perry P Trebicock, thirty five dollars on the above judgment, J N Brumley, JP. Received of Perry Trebilcock, thirty five dollars on the above judgment, January the 23, 1878, Received of J N Brumley, Wm Gnahs.
February 5, 1878 received of Perry Trebilcock two dollars & seventy five cents on the above Judgment.
February 27, 1878 Rec of Perry Trebilcock, Two dollars & twenty five cents on the above case.
March 2, 1878 Rec of J N Brumley, JP four dollars and eighty cents in full of the above judgment.
Pg 71-72 State of Iowa, Davis County} William Gnash Vs W J Harbaugh
Be it remembered that on this 25th day of October AD 1877, William Gnash filed herein as his cause of action claiming of W J Harbaugh the sum of Five dollars & eighty five cents as money justly due him on a certain promissory note given to the said William Gnash, dated January the 1st 1877, for Five dollars and forty cents. And thereupon a notice was Issued returnable on the 31st day of October AD 1877 at One o’clock PM and delivered to C C Brumley Constable for service. Notice returned, I served within notice on W J Harbrough by reading at his residence in Roscoe Township Davis County, Iowa. October 25th 1877, C C Brumley, Const. also on the 25th day of Oct 1877 the said William Gnash swore out a writ of attachment against the goods & chattels of the said W J Harbrough the writ of Attachment was returned. I served the within attachment wit on W J Harbaugh by levying on his wagon at his residence in Roscoe Township Davis County Iowa, on this 2 day of Oct 1877. C C Brumley, Constable. Also there was a subpoena Issued for F C Pinnell, witness for plaintiff, and a subpoena for H Harbrough & C Brumley, Geo W Bell, W B Harper, & J H Pinnell. For witness for defendant. Subpoenas returned served on G C P Pinnell & J H Pinnell, G W Bell, PP Trebelcock, W B Harper, by reading the same for them in Roscoe Township, Davis county Iowa. October the 31st AD 1877, Now comes the hour for trial defendant calls for a jury trial and parties agree to try the case by a jury of three, the venue was Issued and James Harrel and Jerry Harrel and J H Pinnell were summoned as juror, by agreement the party ten proceeded to trial and after hearing all of the testimony in the case brought in the following verdict, We the jurors in the case between Wm Gnash plaintiff & W J Harbaugh defendant, give in our verdict that plaintiff had no right to attach property. Jurors.
And the said W J Harbaugh acknowledges judgment on the amount claimed by the note, John N Brumley, Justice of the Peace. Costs on Attachment; J H Pinnell $1.00, Jerry Harrel $1.00, James Harrel $1.00, F C P Pinnell, 2 miles $.70, J H Pinnell, 1 mile, $.60, W B Harper, 1 mile, $.60, Perry P Trebilcock, 3 miles, $.80, G W Bell, 2 miles, $.70, H Harbaugh, $.50, C Brumley .50, C Brumley, Const cost 6.05, J N Brumley, $3.50, Witnesses. November the 9th, 1877, received of W J Harbaugh Five dollar & eighty five cts on the above case. Jan 23, 1878, Rec of J N Brumley, JP, Five dollars & /85 cts in full of the above judgment, (signed) William Gnash. Jan 23 1878, Rec of Wm Gnash, sixteen dollars & ninety five cts, $16 /95 cost on the above case of Attachment, Jan 26, 1878 Rec of J N Brumley, JP, $6.55 cost on the foregoing case. (signed) C C Brumley, Const.
Pg 73 State of Iowa, Davis County} G W Snodgrass Vs Andrew Walker
Be it remembered that on this 11th day of March AD 1878 G W Snodgrass filed herein as his cause of action claiming of Andrew Walker the sum of Seventy four dollars and Eighty nine cents as money justly due him on a certain promissory note given to the said G W Snodgrass dated March the 1st 1875, for forty nine dollars and sixty cts, with interest at the rate of ten percent from date, also a book account, running from Oct 2, 1875 to Feb 15, 1877 due Ten dollars and twenty five cents, $10.25, and I gave the said A Walker word of it and he came on this 13th day of March 1875 and waived all Notice and confessed judgment on the whole amount of Seventy four dollars and eighty five cents, March 13, 1878
John N Brumley, Justice of the Peace
Pg 75 State of Iowa} Harrel & Sigler Vs J M Alexander
Be it remembered that on this 6th day of March AD 1878, Harrel & Sigler filed herein as their cause of action claiming of J M Alexander the sum of Ten dollars and thirty cents, $10.30 as money justly due them on a certain promissory note given to said Harrel & Sigler for seven dollars and twenty cents, dated Jan 1st 1877, also a book account to D Harrel running from May the 7th, 1877 to June the 30th 1877, total book account, two dollars and twenty five cents. Total claim ten dollars and thirty cents, and I gave the said J M Alexander word and he came on the 11th day of March AD, 1877 and confessed judgment on the whole amount. J N Brumley, JP. Justice fees, Suit .50, Judgment 1.00
Pg 77 State of Iowa, Davis County} Samuel Noftsinger Vs Andrew Walker
Be it remembered that on this 23rd day of March AD 1877, Samuel Noftsinger filed herein as his cause of action claiming of Andrew Walker the sum of Ten 55/100 dollar, $10.55 as money justly due him on a certain promissory note given to the said Samuel Noftsinger for Ten dollars dated April the 1st 1877. And I gave the said Andrew Walker word and he came on the 27th day of March 1878 and waived all notices and confessed judgment on the whole amount. September the 23rd, 1885 received of Samuel Noftsinger by the hand of John Noftsinger, one dollar and fifty cents, in full of my cost on the above case. John P Brumley, JP (signed)
Pg 78 State of Iowa} Joseph A Hall Vs Andrew Walker
Be it remembered that on this 27th day of March AD 1878 Joseph A Hull filed herein as his causes of action claiming of Andrew Walker the sum of twenty dollars and fifty cents as money justly due him on a certain promissory note given to the ssaid Joseph A Hall for Twenty dollars & twenty five cents dated February the 11th 1878. And I gave Andrew Walker word and he came and waived all Notice and confessed judgment for the whole amount, this March the 27th, 1878. September the 22nd, AD 1879, Received of Andrew Walker twenty four dollars in full for the above Judgment. Joseph A xhis mark Hall.
Pg 79 State of Iowa} W S Saleyards Vs J W Corrick
Be it remembered that on this 2nd day of September AD 1878, W S Saleyards filed herein as his cause of action claiming of J W Corrick the sum of thirty three dollars and seventy five cts, $33.75 a money justly due him on a certain promissory note give to Wm McAfee for thirty dollars dated June 4th 1877, with ten per cent interest from date and duelly signed over to W S Sallyard June the 12th, 1877 by Wm McAfee. And thereupon a notice was issued returnable on the ninth day of September AD 1878, at three o’clock PM and delivered to C C Brumley Constable for service. Notice returned, I served the written notice on J W Corrick by reading to him at his residence in Roscoe Township, Davis County Iowa, this 3rd day of September AD 1878. September the ninth AD , 1878, Now comes the hour for trial and the said defendant failing to appear and make defense to said claim, therefore I render judgment against him for the whole amount with interest and cost, John N Brumley, Justice of the Peace. Execution ordered out Nov 16, 1878. Execution Returned Dec 14th 1878, served on J W Corrick but no property found on which to levy, C C Brumley, Const. Transcript issued May the 23rd, 1879, J N Brumley, JP.
Pg 80 State of Iowa, Davis County} Miller & Hagler Vs David Davis
Be it remembered that on this 27 day of April AD 1880, Miller & Hagler filed herein as their cause of action claiming of David Davis the sum of ten dollars and forty four cents ($10.44/100) as money justly due them on a certain promissory note given to the said Miller & Hagler for Nine dollars and fifty five cents. Dated July the fifteenth, 1879. With ten percent interest from date. And thereupon a Notice was issued Returnable on the 4th day of May 1880, at 1 o’clock PM and delivered to C C Brumley, Constable for service. Notice Returned. I served writ notice on David Davis at his residence in Roscoe Township, Davis County, Iowa this 27th day of April 1880. C C Brumley, Constable.
And now on this 3rd day of May comes David Davis and pays ten dollars and forty cents on the above case & cost. May the 4th AD 1880, now comes the hour for trial and the defendant failing to appear, I therefore render judgment against him for the remainder of debt & cost of this suit. May 11, 1880, Rec of J N Brumley, JP Nine dollars & twenty cents on the above case. J M Hagler (signed) May 12, 1880, Rec of J P Brumley, JP, seventy cts n the above case, C C Brumley, Const. (signed) Aug 24 1880, Rec of David Davis one dollar & 25 cts, September 7, 1880 Rec of J N Brumley, JP one dollar and twenty five cents in full of above judgment. (signed) Clive Hagler
Pg 81 State of Iowa} Manning & Kays Vs John Wright
Be it remembered that on this 18th day of November AD 1878, Manning and Kays filed herein as their cause of action claiming of John Wright the sum of Forty seven dollars and 10/100 cts as money justly due them on a certain promissory note given to the said Manning and Kays dated Nov 17th 1875 for fifty four dollars and sixty two cents $54.62 with ten percent interest from date per annum. And thereupon I gave the said John Wright word and he came and waived all legal notices and confessed to the whole amount claimed . November 27th 1880, Rec’d of John Wright Ten dollars on the above case. And one dollar and fifty cts as my cost on the above case. J N Brumley, JP.
Pg 82 State of Iowa} Manning & Kays Vs John Wright
Suit for another promissory note dated September 22, 1876 for $46.94.
Pg 83 State of Iowa} Manning & Kays Vs Jacob Deal
Be it remembered that on this 20th day of November AD 1878, Manning & Kays filed herein as their action claiming of Jacob Deal the sum of Twenty two dollars and seventy cents as money justly due them on a certain promissory note given to the said Manning & Hays June the 1st, 1877 for Nineteen dollars and seventy three cents, with ten per cent interest from date per annum. And thereupon I gave the said Jacob Deal word and he came and waived all legal notice and confessed judgment on the whole amount claimed. J N Brumley, Justice of the Peace
Pg 85-86 State of Iowa, Davis County} Manning & Kays Vs Joseph A Hall
Be it remembered that on this 20th day of November, AD, 1876 Manning & Kays filed herein as heir cause of action claiming of Joseph A Hall the sum of Eighty four dollars and ninety two cents as money justly due them on a certain promissory note, dated July the 13th, 1877, and a second promissory note for the sum of eighteen dollars and ninety two cts, dated the 13th of July 1877, with interest at the rate of ten per cent per annum from date, and thereupon I gave the said Joseph A Hall, word and he came and waived all legal notices and confessed judgment on the whole amounts. We Richard Brewer and J W Ellis do hereby acknowledge ourselves security for Joseph A Hall, for the payment of the judgement, Interest and cost that may accrue at or before the expiration of the term of the stay of execution in this suit wherein Manning & Hays is plaintiff and Joseph A Hall is defendant, dated at Davis County Iowa, on this 29th day of November AD 1878. (signed) Richard Brewer and J W Ellis.
March the 14th AD 1879, Rec’d of Joseph A Hall, Thirty five dollars on the above judgment, June 3, 1879 Rec’d of Joseph A Hall fifty three dollars and twenty nine cts, in full. June 3rd, 1879 Received of Joseph A Hall, Eighty Eight dollars and seventy seven cents in full of the above judgments. J N Brumley, J.P.
Pg 87 State of Iowa} Manning & Kays Vs Adam and Elizabeth Fordemwalt
Be it remembered that on this 16th day of November AD 1878, Manning & Hays filed herein as their cause of action claiming of Adam and Elizabeth Fordemwalt the sum Twenty four dollars as money justly due them on a certain promissory note given to the said Manning & Hays, dated June the 15th 1877, for twenty one dollars, with Interest at the rate of ten per cent per annum from date and thereupon a notice was issued returnable November the 22nd 1878, at three o’clock PM and delivered to C C Brumley, Constable for Service. Notice returned, I served within notice on Adam and Elizabeth Fordemwalt by reading at their residence in Roscoe Township, Davis County, Iowa, this 16th day of Nov 1878. C C Brumley, Constable. November the 22nd, 1878- Now comes the hour for trial and the said defendants failing to appear and make defence to said claim, I therefore render judgment against them for the whole amount claimed with interest and cost of suit. I AL Hubbard do hereby acknowledge myself security for Adam & Elizabeth Foremwalt for the payment of the judgment interest and cost that may accrue at or before the expiration of the term of the stay of execution in this suit. Wherein Manning & Hays is plaintiff and Adam & Elizabeth Fordemwalt is defendant. Dated at Davis County, Iowa on this 27th day of November, A D 1878. (signed) A K Hubbard, security.
March 17, 1879 Rec on the above judgment, Seventeen dollars
July 26, 1879 Rec on the above cost eight dollars and eighty one cents. J N Brumley, JP.
Pg 88 State of Iowa} Manning & Kays Vs John J Giles
Be it remembered that on this 10th day of November 1878, Manning & Kays filed herein as their cause of action claiming of John J Giles the sum of six dollars and eighty cents also a reasonable attorney fee as money justly due them on a certain promissory note given to the said Manning & Kays dated Jamuary the 1st, 1877, for five dollars and seventy cts, baring interest at the rate of ten per cent from date until said. And thereupon a notice was issued returnable November 22, 1878, at One o’clock PM and deliverd to C C Brumley, Const. for service. Notice returned, I served written notice on John J Giles by reading at his residence in Roscoe Township, this Nov 16, 1878. November the 22nd 1878, Now comes the hour for trial and the said John J Giles defendant failing to appear and make defence to said claim, I therefore render judgment against him for the six dollars and eighty cents claimed, and cost of suit.
November the 30th 1878, Received on the above judgment forteen dollars. December the 11th, 1878 received on the above judgement and cost two dollars. J N Brumley, JP
Pg 89 State of Iowa} Manning & Kays Vs Andrew Walker
Be it remembered that on this 20th day of November 1878 AD, Manning & Kays filed herein as their cause of action claiming of Andrew Walker the sum of forty three dollars and eighty one cents, as justly due them on a promissory note given to the said Manning & Kays, dated the 2nd day of February 1876, for thirty three dollars and fifty seven cents baring interest at the rate of ten per cent per annum from date. And thereupon I gave the said Andrew Walker word and he came and waived all legal notice and confessed judgment on the amount claimed. J N Brumley, Justice of the Peace.
Pg 90 State of Iowa} Manning & Kays Vs David Griffeath
Be it remembered that on this 22nd day of November 1878 Manning & Kays filed herein as their cause of action claiming of David Griffeath the sum of Twenty four dollars and Eighteen cents, $24.18, as money justly due them on a certain promissory note given to the said Manning and Hays. Dated January the 2nd 1877 for thirty two dollars and twenty two cents, bareing interest at the rate of ten per cent for annum from date, and I gave the said David Griffith word and he came and confessed judgment on the whole amount claimed. John N Brumley, Justice of the Peace. I George W Bell, myself security for David Griffeath for the Payment of the judgment, interest and cost that may accrue a to or before the expiration of the term of the stay of execution in this suit wherein Manning & Hays as Plaintiff and David Griffeaths as Defendant, dated at Davis County on this 30th day of Nov 1878. (signed) George W Bell
February the 15 1879, Received of David Giffeath, twenty five dollars and seventy five cents in full of the above judgement & cost. J N Brumley, JP. Receipt on File, Copy.
Pg 91 State of Iowa} Manning & Kays Vs William Bishop
Be it remembered that on this 21st day of November, 1878, Manning & Kays filed herein as their cause, claiming of William Bishop, the sum of Twelve dollars and forty cents as money justly due them, on a certain promissory note, given to the said Manning & Kays dated March the 1st, 1875 for twenty four dollars and eighty eight cents bareing interest at the rate of ten per cent per annum from the date,and thereupon I gave the said William Bishop notice, and he came and confessed judgement on the whole amount claimed. J N Brumley, Justice of the Peace.
Pg 92 State of Iowa, Davis County} Manning & Kays Vs Peter Harrel
Be it remembered that on this 2nd day of January A D 1879, Manning & Kays filed herein as their cause of action claiming of Peter Harrel the sum of Seventeen dollars and thirty eight cents as money justly due them on a certain promissory note given to the said Manning & Kays, Dated June 21st, 1877 for fifteen dollars and fifty one cents, due four months after date with ten per cent Interest from Due and thereupon I gave the said Peter Harrel word and he came and waived all legal notices and confessed judgment on the whole amount claimed. John N Brumley, JP I Commodore Harrel do hereby acknowledge myself security for Peter Harrel for the payment of the judgment, Interest and cost that may accrue at or before the expiration of the term of the stay of execution in this suit, wherein Manning & Kays is Plaintiff and Peter Harrel is Defendant, Dated at Davis County Iowa on this 10th day of January 1879. C Harrel _(by order) Surety. July 22nd 1879, Rec on the above judgment & cost twelve dollars, J N Brumley, J P. Jan 17, 1880, Rec of Peter Harrel, Eight dollars and fifty cents in full of the above Judgment & cost, J N Brumley, JP.
I left $8.50 with J W Carr Jan 17, 1880, J N B
Pg 93 State of Iowa, Davis County} Orman Tatman Vs Peter Harrel
Be it remembered that on this 16th day of January AD 1879, Orman Tatman swore out of this office a search warrant to search for a mail hog that was Stolen out of said Orman Tatman hog pen the night of January the fifteenth, said hog was an estray which had been taken up by the said Orman Tatman and had been delt with accordingly to law. Said search warrant was delivered to C C Brumley, Constable for service. Said warrant returned, I served within search warrant for said property that was stolen from Orman Tatman and found said property, a mail hog in Peter Harrels barn loft in the hay tied with a strap this Jan., 16 1879m C C Brumley, Const. And now after hearing all of the evidence in the case, I therefore order the hog to be delivered to Orman Tatman. John N Brumley, Justice of the Peace, Witness} Orange Scott Tatman 50c, John Wright 50c. Search warrant .50, Judgment .50, costs for serving search warrant, .75, Mileage .20
Pg 94-96 State of Iowa, Davis County} Vs Peter Harrel and Wm B Hopper
Be it remembered that on this 16th day
of January AD 1879, that Orman Tatman made oath in this office to procure a
State warrant for the arrest of Peter Harrel and William B Hopper for the crime
of pettie larceny or for the stealing of an Estray maile hog out of the hog pen
of Orman Tatman in Van Buren County, Iowa on the night of January the 15th
1879, And thereupon a state warrant was Issued and placed in the hands of C C
Brumley Constable, for service.. said state warrant returned, I served the
within State Warrant by arresting them and bringing them before J N Brumley,
Justice of the Peace, on this 17th day of January 1879, C C Brumley,
Const. January the 17th A D 1879, now the said Peter Harrel and
William B Hopper being arrested and brought before me and ask for time to
procure council on said case and filed a bond of Fifty dollars for their
appearance at this court with C Harrel for security, on the 20th day
of January 1879 at One O’clock PM. Which time was set for Trial there were also
subpoenas Issued for J D Hughes, John Wright, Josiah Atkins and Orange Scott
Tatman and William E Tatman for witnesses for the state, subpoenas returned I
served within subpoenas on Orange Scott and William E Tatman at the residence of
J N Brumley in Roscoe Twp, Davis Co Iowa this 17 day of Jan 1879 and on Josiah
Atkins and Jon Wright by reading at their residence in Roscoe twp, Davis Co,
Iowa this 17 day of Jan 1879 and on J D Hughes by reading to him at his
residence in Van Buren Co, Iowa this 17th day of Jan 1879, C C
Brumley, Const. Jan 18 a subpoena issued for J H Pinnell. For witness for said
defendants. Subpeona returned I served the written subpoena on J H Pinnell at
his residence in
Roscoe twp. Davis county iowa this 20th day of Jan 1879 Peter Harrel
subscribed and sworn to before me this 20 day of Jan 1879. J N Brumley, JP.,
Now the hour comes for trial and the defendant both are present and ready for
trial and the defendant call for a Jury and after the proper steps were taken,
John H Giles, C F Brown, B F Pinell, Edward Harrel, john Conner, JC Hesket were
selected as jurors to try the case said jury were duly sworn and proceeded to
trial, Plaintiff call for subpoenas for George K Graves and George Pennington,
subpoena returned served, the within subpoena on G R Graves & George Pennington
by reading at their residence in VanBuren county Iowa Jan 20th 1879 C
C Brumley, Const. January the 21st 1879, Now after the jury have
heard all of the evidence in the case and all the pleads in the case and they
brought in the following verdict. We the jurors find the defendants not quilty.
C Frank Brown Foreman, Jurors fees; C F Brown, $2.00, JC Heskett, Juryman $3.00,
J H Giles$2.00, Ed Hubbard $2.00, B F Pinnell $2.00, John Conner $2.00, States
Witness, Orange Tatman $1.20, William E Tatman $1.20, John Wright $1.20, Josiah
Atkins $1.20, J D Hughes $1.20, George R Graves $1.00, George Pennington $1.00,
Henry Roby $1.00, William Murry $1.00, State C C Brumley .50, Andrew Walker
$1.00, Emma Harrel $1.00, C Harrel $1.00, Frank Rosebrough $1.00, J H Pinnell
$1.10, Willes Boyd $1.00, C C Brumley Const Services $6.45, J N Brumley, JP fees
$6.00, for a total of $42.15. Orange Scott Tatman, assisting court .50, Orman
Tatman, prosecuting witness $1.00, Constable fees for serving subpoenas $1.05,
for mileage .20, Serving state warrant 1.50, mileage .70, attending trial 2.00,
Justice fees commencement of suit .50, state warrant .50, jury called 1.00, bond
for appearance .50, Trial 3.00m venure .25
Pg 97-98 State of Iowa Davis County} W F Cook Vs Magdalena Stevig
Be it remembered that on this 13th day of January AD 1879, the said W F Cook filed herein as his cause of action claiming of Magdalena Stevig the sum of eighty dollars and fifty eight cents as money justly due him on a certain promissory note given to the said W F Cook for seventy two dollars Dated January the 25th 1877, with six per cent per interest from date. And thereupon a notice was issued Returnable Jan the 20th 1879 at one o’clock PM and delivered to C C Brumley, Constable for service. Said writ returned served, within notice on Magdalena Stevig by reading (her son Edward for interpreter) at her residence in Roscoe Twp, Davis Co Iowa this Jan the 14th 1879 C C Brumley, Const. J N Brumley, Justice of the Peace. I Christian Mowrry do solemny swear that I am worth over eighty dollars and my indebtedness not exempt from execution and that I have eighty acres of land and forty acres of it is not under mortgage. So help me God. Christian His mark Mourry. Subscribed and sworn to before me this 17 day of Jan 1879, J N Brumley, JP. I Christian Mourry do hereby acknowledge myself security for Magdalena Stevig for the payment of the judgment, interest and cost that may accrue at or before the expiration of the term of the stay of execution in this suit wherein W F Cook is plaintiff and Magdalena Stevig is defendant, dated at Davis Co Iowa on this 17th day of Jan 1879, Christian his mark Mourry. March the 7th AD 1879, Received on the foregoing judgment fifty dollars, May the 16, 1879, Received o the foregoing judgment and cost, thirty four dollars and forty one cents in full, of debt & cost.
Pg 99 State of Iowa} E Campbell Vs RA Mather, James Mather, D Griffeath
Be it remembered that on this 14th day of January AD 1879, the said E Campbell filed herein as his cause of action claiming of the said R A Mather, James Mather, D Griffeath the sum of forty three dollars and fourteen cents as money justly due him on a certain promissory note given to M J Corwin Administratix of the Estate of B W Corwin, deceased for sixty three dollars and seventy five cents, dated March the 24th 1879, bareing ten per cent Int. and said note dually signed over to the said E Campbell by Mollie Corwin the 2nd day of October. And thereupon I gave the said James Mather word and he came and confessed judgment on the whole amount claimed. J N Brumley, J.P.
I, O Burton do hereby acknowledge myself security for R A Mather, James Mather, D Griffeath for the payment of the judgement Interest and cost that may accrue at or before the expiration of the term of the stay of execution in this suit herein. E Campbell plaintiff, and R A Mather, James Mather, D Griffeath is defendants, dated at Davis County this 3rd day of January A D, 1879. Signed- O Burton
March 26, 1879 Received of D Griffeath Forty four dollars on the above judgment which amount is to be credited to said D Griffeath on a certain promissory note by James Mather by which agreement note the said D Griffeath gave to James Mather for two coalts. J N Brumley, JP Copy of receipt; Milton, Iowa March 28 1879, Rec of Jno N Brumley, Forty four dollars in full of judgment in favor of E Campbell against R A Mather, Jas Mather & D Griffeath, -signed, E Campbell
Pg 101 State of Iowa} Harrel Bros Vs David Davis
Be it remembered that on this 14th day of January A D 1879, Harrel Bros filed herein as their cause of action claiming of David Davis the sum of Twenty eight dollars and five cents as money justly due them on a certain promissory note given Jan 1st 1879 to the said Harrel Bros for Twenty seven dollars and ninetyfive cents with ten percent interest, And thereupon I gave the said Davis word and he came and confessed judgment on the whole amount claimed. J N Brumley, JP
September 10th 1879, of David Davis Fifteen dollars on the above judgment. September the 12th 1879, Received of J N Brumley, Thirteen dollars & fifty cents on the above Judgement- Harrel Bros. Oct 1st 1879, Rec of David Davis Eighty five cents for apples on the above judgment by order of Harrel Bros. J N Brumley, JP.
Pg 102 State of Iowa, Davis County} Jirred Cone Vs John H Holbrook
Be it remembered that on this 31st day of December AD 1880, Jirred Cone filed herein as his cause of action claiming of John H Holbrook the sum of Sixty three dollars and seventy five cents ($63.75) as money justly due him on certain promissory note given February the 9th 1877 to the said Jirred Cone for Fifty six dollars and eighty five cents baring interest at the rate of ten per cent per annum from date. And thereupon I gave the said John H Holbrook word and he came and waived all legal notices and confessed judgment on the whole amount claimed. J N Brumley, JP. June 4th 1881, Copy of Rec’pt. Rec of John Holbrook Twenty dollars which is to be placed to his credit on judgment on the docket of John N Brumley, Esq. Copy of Receipt, April 24, 1882, Esq Brumley credit John Holbrook with forty two dollars on my account $42.00, Jared Cone, JNB. May the 6th 1882, Received of John H Holbrook, Eight dollars and forty five in full of the above judgment. The plaintiff agreed to settle the cost on the above case, June 7th 1882, received of J N Brumley, JP six dollars & ninety five cents in full of the above judgment. –signed Jired Cone and John S Beans, John S Beans was authorized by J Cone to receipt for this by witness J NB, JP.
Pg 103 State of Iowa, Davis County} Manning & Kays Vs John J Giles
Be it remembered that on this 19th day of May 1879 the said Manning & Hays filed herein as their cause of action claiming of the said John J Giles the sum on ninety five dollars and eleven cents, $95.11/100 as money justly due them on a certain promissory note given to the said Manning & Kays dated March the 10th 1875 for one hundred and eleven dollars and ninety six cents ($111.96), bareing ten percent interest from date per annum and there upon I gave the said John J Giles word and he came and confessed judgement on the whole amount claimed. I Daniel Giles do hereby acknowledge myself security for John J Giles for the payment of the Judgement Interest and cost that may accrue at or before the expiration of the term of the stay of execution in the suit wherein Manning ;& Hays are plaintiff and John J Giles is defendant dated at Davis County Iowa on this 23 day of May 1879. –signed Daniel Giles_by written orders. January 16, 1880 Rec of John J Giles, sixty five dollars on the above judgment and cost, January 17, 1880; E Manning Dr to J N B$1.00 for taking money to J W Carr. March the 17 1880, Recd of J J Giles, Twenty dollars on the above judgement, March 26, 1880; Rec of J J Giles by W Hubbard Five dollars & 70 cts. May 21, 1880 Rec of J J Giles, Ten dollars on the above case. Nov 2, 1880, Rec of J J Giles one dollar & thirty cents in full of the above case. J N Brumley, JP.
Pg 104 State of Iowa, Davis County} Manning & Kays Vs Commodore Harrel
Be it remembered that on this 20th day of May 1879 the said Manning & Kays filed herein as their cause of action claiming of the said Commodore Harrel the sum of Fifty seven dollars and fifty two cents ($57.52) as money justly due them on a certain promissory note given to the said Manning & Kays, dated January the first 1876 for fifty three dollars and twenty five cents $53.25, with ten per cent Interest per annum from date. And thereupon I gave the said Commodore Harrel word and he came and confessed Judgement on the whole amount claimed. I Peter Harrel do hereby acknowledge myself security for Commodore Harrel for the payment of the judgment Interest and cost that may accrue at or before the expiration of the term of the stay of execution in the suit wherein Manning & Kays is Plaintiff and Commodore Harrel is Defendant, dated at Davis County Iowa on this 21st day of May 1879. –signed Peter Harrel. September the 23, 1879- Received of C Harrel, Fifty dollars on the above judgment, January the 19th, 1880 Rec of C Harrel ten dollars on the above judgment and cost. April 12, 1880 Rec of C Harrel one dollar & 30 cts in full of judgment and cost. J N Brumley, JP.
Pg 105 State of Iowa} Manning & Kays Vs John Conner
Be it remembered that on this 20th day of May AD, 1879 the said Manning & Kays filed herein as their cause of action claiming of the said John Conner the sum of twenty dollars and ninety cents as money justly due them on a promissory note given to the said Manning & Kays dated July the 12th 1877 for seventeen dollars and sixty four cents baring Interest at ten per cent per annum from date. And thereupon I gave the said John Conner word and he came and waived all legal services of Notice and confessed Judgment on the whole claimed. John N Brumley, Justice of the Peace. Oct the 19th 1880, Received of John Conner Ten dollars on the above Judgement and cost. J N Brumley, J.P.
Pg 107 State of Iowa Davis County} William Gnash Vs William Bishop
Be it remembered that on this 24th day of May AD, 1879, the said William Gnash filed herein as his cause of action claiming of the said William Bishop the sum of Forty dollars and twenty four cents ($40.24) as money justly due him on a certain promissory note given to the said William Gnash dated January the 1st 1878 for Thirty eight dollars and nine cents bareing interest at the rate of ten per cent from date per annum. And thereupon I gave the said William Bishop Defendant, word and he came and omitted all legal services of Notice and confessed judgment on the whole amount claimed. Execution Issued June 11, 1879. Execution renewed July the 10th 1879. Execution renewed Aug the 9th 1879. Execution ordered in by the Plaintiff about the first (1) of September and he gave orders to release the Property, Jan 17, 1880; Rec of William Gnash three dollars cost due me on the above case, J N Brumley, JP. Justice Fees; Suit .50, Judgement 1.00, Execution .50, Renewal of Execution .50, Constable costs serving .50, mileage .30.
Pg 108 State of Iowa} Davis County Vs John Doren
Be it remembered that on this 30th Night of December 1879, Phelix Doren came before me and made complaint against John Doren of Roscoe Township of his having braking of the Peace by fighting with one Frank Wray at the Round Grove School house in Roscoe Township, Davis County, Iowa on the night of December the 30th 1879 and thereupon the said John Doren came and gave himself up and I fined him one dollar for said offense and he paid the fine and cost. J N Brumley, J.P. Date of Receipt for the above fine, Jan 3, 1880- signed J M Sloan, County Treasurer.
Pg 110 State of Iowa, Davis County} Manning & Kays Vs Absalom Beans
Be it remembered that on this 17th day of June 1879 the said Manning & Kays filed herein as their cause of action claiming of the said Absalom Beans the sum of sixty six dollars and ninety cents as money justly due them on a certain promissory note given to the said Manning & Kays Dated November the 28th 1876 for Eighty two dollars and fourteen cents with ten per cent interest from date per annum. And thereupon I gave the said Absalom Beans word and he come and omitted legal service of original Notice and confessed to the whole amount claimed. I Sampson Eller do hereby acknowledge myself security for Absalom Beans for the payment of the judgement, Interest and cost that may accrue at or before the expiration of the term of the stay of execution in the suit wherein Manning & Kays is Plaintiff and Absalom Beans is defendant. Dated at Davis County Iowa on the 18th day of June 1879. –signed Sampson Eller, by written order. October the 8th 1879, Received on the above judgement & cost sixty five dollars, October the 14th 1879, Received on the above case judgment Five dollars and forty five cents in full. Letter writ enclosed, Manning & Kays, Dr. January 5, 1877, to A Beans to thirty bushels and fifty four pounds of Beans at one dollar per bushel. 2nd Letter, I Absalom Beans do solemly swear that the credit given me on a Note given to Manning & Kays Books Thirty dollars & four Cents June the 6th 1877, It should have bean January the 5th 1877, so help me God. Signed- Absalom Beans Subscribed & sworn to before me this 17 day of June 1879, J.N. Brumley, J.P.
Pg 111 State of Iowa} Manning & Kays Vs Jacob Roby
Be it remembered that on this 13th day of September AD 1879, Manning & Kays filed herein as their cause of action claim of Jacob Robey the sum of Fourteen dollars and sixteen cents ($14.16) as money justly due them on a certain Promisory note given to the said Manning & Kays for nine dollars and fifty eight cents Dated July 28, 1875 bareing ten per cent Int from date per annum. And thereupon I gave said Jacob Robey word and he came and confessed Judgement on the whole amount claimed. January the 13, 1880 Received of Jacob Roby fourteen dollars and sixty two cents in full of the above judgement, also my cost. John N Brumley, JP.
Pg 112 State of Iowa, Davis County} J W Campbell & Bros Vs Joseph Haney
Be it remembered that on this 8th day of April AD 1880, J W Campbell & Bros filed herein as their cause of action claiming of Joseph Haney, Twenty nine dollars and sixty seven cents $29.67/100, as money justly due them on a certain promissory note given to the said J W Campbell & Bro Dated March the 7, 1879 for Fifty four dollars, & 80/100 with ten per cent Interest from date signed, Joseph Haney. And Thereupon I gave the said Joseph Haney word and he came and confessed Judgement on the whole amount claimed. I Richard Brewer do hereby acknowledge myself security for Joseph Haney for the payment of the Judgment Interest and cost that may accrue at or before the expiration of the term of the stay of Execution in the suit, wherein J W Campbell & Bros are Plaintiff and Joseph Haney is Defendant. Dated at Davis County Iowa on the 15 day of April 1880, -signed Richard Brewer
August 7, 1880 Received of Joseph Haney Twenty nine dollars on the above judgment. Aug 9, 1880 Rec on the above judgment one dollar & sixty seven cents. Copy of Receipt, Milton Iowa, August 21, 1880. Received of Jno N Brumley, thirty & 67/100 dollars in full for note of Joseph Haney- E Campbell
August the 23, 1880 Received of Joseph Haney one dollar and fifty cents in full of the above cost. J N Brumley, JP
Pg 113-114 State of Iowa Davis County} John D Swartz Vs Erastus Kent
Be it remembered that on this 5th day of April AD, 1880, John D Swartz filed herein as his cause of action claiming of Erastus Kent the sum of Nine dollars and ninety six cents, ($9.96) as money justly due him on a Book account for Dry goods & merchandise and Shoes & bill of Items in the year of 1877 also an account dually signed over to J D Swartz by Noah Pritchet for painting a wagon in 1878 for three dollars and fifty cents. And thereupon a Notice was issued returnable on the 14th day of April AD 1880 at Ten O’clock AM and delivered to CC Brumley Constable for Service. Notice Returned, I served within notice on Erastus Kent by reading at his residence in Grove Township Davis County Iowa this 6th day of April 1880, C C Brumley Constable. And the said John D Swartz swore out a writ of Attachment and garnishment, gave to Constable for Service. Attachment returned, I served within a writ of attachment on Asa Hale by reading at his residence in Roscoe Twp Davis Co Iowa, this April 5th 1880. And a writ of Garnishment was Issued and delivered for servise to Constable. Garnishment returned, I served within notice on Asa Hale by reading and also by giving him a copy of within notice at his residence in Roscoe Twp Davis Co Iowa this April the 5th 1880, C C Brumley, Const. Question to and Answers of Guarnishee, are you in any manner in debted to the Defendant, Erastus Kent, in this suit, or do you owe him money or property, which is not yet due? If so state the Particulars. Answer- I gave a note to him in November due April 24, 1880 for Thirty dollars. Have you in your possession or under your control, any property rights of credits of the said Defendant? If so, what is the value of the same and state all Particulars. Answer-Yes. 3rd, Do you know of any debts owing to Said deft whether due or not or any property rights of credits belonging to him and now in the possession or under the control of other. If so, State the particulars and append the examination to this return. Answer- I owe Erastus Kent for a note I gave him November 24, 1879 for thirty dollars Due April 24, 1880 this April 5, 1880 C C Brumley, Constable. April the 14th 1880, Now comes the hour for trial and the Defendant failing to appear and the Plaintiff having sworn to his claim I therefore render Judgement against the defendant for the whole amount claimed with Interest and cost. And I also render judgment against Asa Hale as garnishee on the Ansers of the Garnish that he was indebted to Erastus Kent on a promisry note given to said Erastus Kent due April 24, 1880 for thirty dollars, for nine dollars and ninety six cents and the cost of this suit. J N Brumley, Justice of the Peace.
Pg 116-117 State of Iowa} A Krous Vs J M Alexander
Be it remembered that on this 9th day of August, AD 1880. A Krous filed herein as his cause of action claiming of J N Alexander the sum of Fifty two dollars and fifty cents as money justly due him on a certain Promissory note given to Bell & Krous for Thirty dollars and Seventy cents dated Jan 1st 1874 with Interest at the rate of ten per cent per annum from date= Said note signed across the back by T Bell, and also debtor to A Krous to book account running from Jan 30th 1878 to March the 21st 1880. Ten dollars and seventy cents. And thereupon a notice was issued returnable on the 16th day of August AD 1880 at Two O’clock PM and delivered to C C Brumley Constable for service. Said notice Returned Served within Notice on J M Alexander by and copy, reading at his residence in Roscoe Township Davis County, Iowa this 10th day of August 1880, August the 16, 1880 2 O’clock PM Now comes the hour for trial and both parties appear and are ready for trial. A Krouse fail to produce his books and Said Defendant denies a part of said book account and said defendant brings in a bill of hauling lumber and logs to and from Pulaski, per items claim Forty nine dollars and seventy five cents, the defendant allowa plaintiff a book account of five dollars and thirty five cents $5.35, Said Note and Int 41.80, Saw bill 4.50, Total $51.65. minus Defendants claim $49.75, due Krouse one dollar & 09/100. I therefore Render judgment against said J M Alexander defendant for one dollar and ninety cents & cost of suit. J N Brumley, JP. July the 15th 1884, Received of A Crouse Two dollars cost on the case on the page 116 wherein A Crouse Plaintiff and J M Alexander, was defendant being the amount of cost due me on said case.
Pg 118 State of Iowa Davis County} George A Deal Vs James M Alexander
Be it remembered that on this 16th day of February AD 1882, that the said George A Deal filed his bond in this office and swore out a writ of replevin for the possession of the mules that the said James M Alexander had restrained and said writ was delivered to C C Brumley, Constable for service, said writ returnable on this 24 day of February at one oclock PM 1882. Feb the 24, AD 1882, Now the hour comes and said writ returned Served the within writ and delivered said property to George A Deal at the residence of J M Alexander in Roscoe twp Davis Co Iowa this Feb 16 day 1881. The said George A Deal failed to appear therefor render judgment against him for cost of writ. Received of George A Deal one dollar cost on the above case. –signed J N Brumley, JP
Pg 119-121 State of Iowa Davis County} George A Deal Vs James M Alexander
Be it remembered that on this 6th day of March 1882, the said George A Deal made oath in this office and gave a bond which was approved by me to get a writ of Replevin to gain the immediate possession of three of his mules which he testifies that the said James M Alexander has restrained and will not give them up and thereupon issued a writ of Replevin returnable on the 18th day of March 1882 at one o’clock PM and delivered to C C Brumley, Constable for service. Writ of Replevin returned, Served within writ by taking said mules at the residence of J M Alexander in Roscoe Township, Davis County Iowa, and immediately delivering said mules to G S Deal this March 6, 1882. And on the 15th day of March 1882, J M Alexander ordered subpoenas for Francis C F Pinnell, Absalom Beans, James Atkins and Asea Hale. Said subpoenas was issued and delivered to CC Brumley, Const. March the 18th A D 1882, now comes the hour for trial and both parties appear and Plaintiff files an amended petition in Replevin and claims a damage of twenty dollars and the immediate possession of said mules and judgment for cost of suit. Now comes defendant and files his motion to dismiss this action for the following reasons to wit. 1st because defendant has not received legal notice of these actions. Motion overruled. Now comes Plaintiff and his Attorney, Geo B Swartz and moves the court to enter judgement in default for the following causes viz. 1st because the defendant has not made answer to the Plaintiff demand. 2nd because the defendant has not denied the allegations of Plaintiff, motion sustained. The plaintiff then proceeded to prove his damage as follows; 2 mules, 2 days each; $4.00, G A Deal, 2 days, $3.00 per day, $6.00, Attorney fees $5.00, Total $15.00 There being no objections or proof against said claims I therefore render against the said James M Alexander in default and for the damages as above proved, fifteen dollars and cost of suit. Witness Cost, Francis C P Pinnell .80, Absalom Beans .90, James Atkins .70, Asea Hale .70, C C Brumley, Const. 2.60, J N Brumley, JP 2.85, Damages 15.00, Total judgment for damages and cost $23.55
Pg 122 State of Iowa} Isaiah Harris Vs Nancy J Wright
Be it remembered that on this 6th day of October AD 1884, Isaiah Harris filed herein as his cause of action claiming of Nancy J Wright the sum of twenty dollars and seventy five cents as money justly due him on a certain promissory note given by the said Nancy J Wright to S M Gaston for $23.50 twenty three dollars and fifty cents with ten percent interest from date Dated August 15, 1883. Said note being dually signed over (or S M Gastons name signed across the back of said note) And thereupon A notice was Issued returnable on the 11th day of October AD 1884 at four (4) O’clock PM, and delivered to Newton J Brumley for service said Notice returned, I served the within notice on Nancy J Wright by reading and also by a copy at her residence in Roscoe twp Davis County Iowa at 2 ½ O’clock PM this 6 day of October 1884. Subscribed and sworn to before me this 9th day of October AD 1884, October the 11th 1884 Now comes the hour for trial and the Defendant failing appear and defend said case, therefore I render judgment against said Nancy J Wright- Defendant for the whole amount claimed with interest and cost of suit. Oct 13, 1884 Received of Isaiah Harris two dollars & eighty cents in full of our cost in the above case. J N Brumley.
Pg 187-189 Coroners Inquest on the dead body of Isaac Schlainnegger
Warrant for Coroner Jury} State of Iowa Davis County Iowa
To the sheriff or to any constable of the said county- In the name of the State of Iowa you are hereby required to Summon forthwith three electors of your county to appear before me at Jacob Amstutzes house forth with then and there to hold an inquest upon the dead body of Isaac Schlunnegger there lying and find by what means he died. Witness my hand this 4th day of February aD 1879 at 8 ½ O’clock PM. C C Brumley, Const. The proper oath was then administered to the jurors, testimony taken in the case, Annie Amstutz testifies it was about half after nine o’clock when I saw Isaac Schlunegger last he said he was going to clean out the stable when I got dinner ready I sent the children out to call him and then I went to the stable and saw him standing and called him three times and then I saw the rope and then I shut the door, I then came to the house to send for Aumstutze and the neighbors. Aumstutze was at Christ Schlunneggers gathering corn. Did he have any trouble you knew of? I know no cause but lately he seamed down. Jacob Aumstutze testifies it was two o’clock when I got home I went to the stable to put up my horse, I saw Isaac Schlunnegger hanging there dead. He got a letter from the Old Country about a week ago and from that time he has appeared to be in trouble. Sometime he would take spells and go off and stay two days for the last three or four months he has complained of being sick. A Fordemwalt testified about 2 o’clock when I came to Amstutz the deceased was hanging by ¼ inch rope by the neck, he was leaning forward with both feet on the ground & if he had stood erect the rope would been loosed. He was hanging about 1 ½ feet from the manger. When I first went to the stable there was no one there. The manure fork was in about 4 feet of him. There was seven of us there when we cut him down and carried him to the house. He has been in this country about six years. He is a native of Switzerland, he was 52 year of age, he has appeared very mutch down cast for the last week or two and had nothing to say. Ezra Bond, testified it was about 3 o’clock PM when I came to Amstutzes, he was hanging by the neck when I came. He was hanging forward with both feet on the ground and if had stood erect the rope would have been loose. I was there when we cut down and helped to carry him to the house.
An Inquition holden at Jacob Amstutz in Roscoe Twp Davis County Iowa on the 4th day of February AD 1879, at 8 ½ O’clock PM before J N Brumley, a Justice of the said county upon the body of Isaac Schlunneger there lying dead by the jurors whose names are hereto as described. The said jurors upon their oath do say that the said Isaac Schlunnegger came to his death by hanging with a rope fixed by his own hands on the 4th day of February AD 1879. John H Holbrook, Charles A Watson, W H Fossee x
Attest J N Brumley, Justice of the Peace, acting as coroner.
The above Docket is owned and in the possession of Martha Hidy, 20734 Hwy 151, Madison, MO 65263.
Spelling and wording was transcribed here as close as the original.
A Big Thanks to Martha Hiday! of Madison, MO |
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