These are in my possession and can be scanned for any interested person..These are handwritten and include several original signatures.

Pg. 1,2,3

Robert G Alcone Vs A W Evans & Fleming Mize N Hall, Justice of Peace

April 23, 1858. And now on this day comes the above entitled cause by agreement of parties which is on file amongst the papers in this cause, before me on change of venue said change being taken from H M Wyeth, Justice of the Peace by the defendant in said cause to P P Herrods JP and by the Plaintiff in said cause on change of venue from said Herrod accompanied by his (Herrods) transcript and all the original papers in said cause are now on file in my office in the above entitled cause.    And more on this 23^rd day of April AD 1858, come the parties the defendant has his answer filed-

Plaintiff attorney has his Demurrer to Defendant answer filed also.

Plaintiff withdraws the demurrer and relys upon his reply.

After the preliminary being arranged in the foregoing named cause the parties therein names being called and answered to their names and thereby make their general appearance, cause opened by the Plaintiff in the cause. Defendant not opposed for the present. Plaintiff calls a witness to prove his legal right to sustain the ownership in the xxxxx in dispute which was admitted through court by the Defendant believing said witness could not be admitted in a higher court.

The Transactions for the foundation of this suit originated before JB McCutchin a former Justice of the Peace whose docket is offered as evidence by the Defendants. Objected to by Plaintiff on the grounds that the Plaintiff admits the Judgment. Issuing execution thereon and delivering said Execution to Constable AW Evans as claimed in Defendants pleading; therefore said docket is not necessary in the cause as evidence of such facts. Court decides that said Docket is in as evidence in the cause, as the Plaintiff when said Docket was offered admitted that it might be brought in as evidence.

The Plaintiff insists that he made no such admission. Plaintiff accepts to such ruling of the court. Plaintiff further objects to the said Docket being used as evidence for the reason that it is not proved that said Docket is the docket of JB McCutchin, late Justice of the Peace before whom the aforesaid Judgment was measured. The court overruled the objections above made by the plaintiff.

Plaintiff accepts to such ruling of the Court. Plaintiff further objects to the use of the said Docket as evidence in this cause for the reason that there is nothing in said docket that identifies the property claimed by the Plaintiff in Replevin and hence is thus far defective as evidence in this cause which is for the trial of the rights of certain property not therein referred to-

The above objection not sustained by the Court, but is overruled.

Plaintiff excepts to the above ruling of the court-Defendant claims the right to prove by parol testimony to establish the contents of the return of certain execution which execution was against John Brown in favor of Edwards Reson & Co has been proven to be lost.

Plaintiff objects, claim sustained.

Plaintiff excepts to the ruling of the court n the foregoing claim. Plaintiff also objects to the proof of return of AW Evans, as said Constable on said execution on the grounds that said AW Evans is a defendant in this action. Motion, as objection not sustained.

April 24^th 1858

After hearing the proofs and allegations pro & con and a careful examination of the proceedings in the above entitled cause, It is therefore considered that the Defendants AW Evans & Fleming Mize recover the steer that are under a writ of Replevin in the foregoing cause and order that the same be delivered to Fleming Mize as the proper owner thereof and that said Defendants recover of the Plaintiff in this cause RG Alcorn the costs of suit taxed at forty-five &10/100 dollars.

N Hall Justice of the Peace

Pg. 6

Wm. B Phelps Vs PP Herrod

SW Gandy Debt $30.11/100

Be it remembered that on this 3^rd day of June 1858, WB Phelps filed herein as his cause of action one note made by PP Herrod to SW Gandy, Dec 28^th 1854 for $45.86/100 dollars borrowing ten percent interest from date having credited the amount of $17.22/100 dollars on which a notice issued returnable on the 12^th day of June 1858 at 3 o’clock PM.

Notice served on 5^th of June returned & served by AW Evans June 12^th 8 o’clock AM.

The day and hour having arrived the Plaintiff present Defendant absent. It is therefore considered that the Plaintiff WB Phelps recover of the Defendant PP Herrod by default, the sum of $30.11/100 dollars with 10 percent witness form this date and costs of suit taxed at $2.00.

Execution issued 5^th of July 1858 and delivered to AW Evans.

Execution returned July 24^th 1858 Satisfied N Hall, Justice of the Peace

Justices fees Constable fees

Pg. 7

Robert Nixon vs Morton Nixon

Edward Reson & Co} Debt $55.99/100

Be it remembered that on this 21^st day of July 1858, B Noel files herein as his cause of action one Note made by Robert Nixon & Morton Nixon to Edward Reson & Co baring interest form Jan 1^st 1858 for fifty dollars & 99/100 on which a on the 31^st day of July 1858 at 3 o’clock PM.

Notice served on 23^rd July 1858, by RB Downing Constable

The day and hour having arrived the Defendant present Plaintiff absent

I, Morton Nixon, acknowledge myself, to B. Noel in the sum of $55.99/100 as just owe him on a note made by me & R.Nixon to Edward Reson & Co with ten percent from Jan 1^st 1858, and I hereby authorize N Hall, Justice of the Peace of Union Twp, Davis Co., IA. to render judgment against me for the sum with interest and costs of suit.

Witness my hand this 31^st day of July 1858. Morton Nixon

Subscribed to be filed by said Morton Nixon before me this 31^st day of July 1858 N Hall Justice of the Peace Pg. 10 Oct 27^th 1858, received of Morton Nixon fifty dollars to be credited on a judgment in my favor on Esq. Halls docket in Union Twp, Davis County B Noel

Pg. 8

John Conner Vs Calvin Taylor }Debt $91.13/100

Be it remembered that on this 12^th day of June 1858, John Conner filed herein as his cause of action on account made by Calvin Taylor to him as follows June 1851-To 400 feet of lumber 6.50 dollars,

May 1853, to 433 1/3 feet of lumber 7.58 dollars. To one note of hand drawn by William Maxon in Favor of Robert Conner fir $50.00 dollars at 6 per cent interest and by said John Conner assigned June 11^th 1853

Principal and interest $60.00 dollars April 10^th 1854. To 400 feet lumber, $2.25 per hundred $8.05/100 dollars, making $91.13/100 dollars on which a notice issued and delivered to AW Evans Constable. Returnable on the 23^rd day of June 1858 at 10 o’clock AM. The above case being tried before JB McClutchen and taken to district court on a writ of error & sent to me Justice of Peace. Notice returned in due time marked served by AW Evans Constable, day and hour having arrived and the parties having made their personal appearance, the Defendant being desirous of a change of venue, Plaintiff therefore consents to said change by agreement being taken to HM Wyeth Justice of Peace of Union Twp N Hall Justice of Peace Justice fees $1.00.

Pg. 9

Ulrich Ritz Vs Robert Montgomery }Debt $5.70

Be it remembered that on this 8^th day of July 1858, Ulrich Ritz filed herein as his cause of action one note made by Robert Montgomery baring date January 19^th 1858, with ten per cent interest on which a notice issued and delivered to RB Downing Deputy Constable, returnable on 7^th day of August 1858 at 3 o’clock PM. Notice returned & served on 30^th July 1858 and neither party present. It is considered that the Plaintiff Ulrich Ritz recover by default of Rob Montgomery Defendant Five dollars 70/100 cents with interest from Jan 19^th 1858 at the rate of ten per cent and costs for suit taxed at $1.35. N Hall Justice of the Peace Received on the above agreement on 30^th August 1858, $6.50 Sept 10^th paid over to U Ritz $5.75/100 & 25/100 due on costs 1.25/100.

Pg. 11

IJ Noakes

For Elisabeth Noakes Vs AW Evans }Replevin

Be it remembered that on this 16 day of August AD 1858, the said JJ Noakes agent for E. Noakes filed herein his petition under oath allegedly that the said AW Evans wrongfully detained from him the following property to wit, one white cow & calf. Supposed to be six years old of the value of twenty-two dollars. Also a bond in the sum of $40.00 dollars with R Montgomery his security and thereupon a writ of replevin and original notice issued returnable on the 26^th day of August AD 1858 at 10 o’clock AM.

Also a subpoena for RR Stuart & P Moughler & G Hendrickson as witnesses of the part of Plaintiff. All of this which is delivered to JJ Noakes . Subpoenas marked served & returned by AW Evans.

August 26^th 2 o’clock, parties called and answer to their names. A motion made by Defendant to dismiss the suit on the grounds that JJ Noakes can’t swear for E Noakes as agent. Overruled. A motion by defendant discharges the writ of Replevin on the grounds that the said E Noakes is not known in the petition. Overuled. And whereas the defendant filed an affidavit for a change of venue said change is granted to HM Wyeth a Justice of the Peace of Union Twp., and all the original delivered to.

N Hall Justice of the Peace

Pg. 12

JH Robbins Vs SS Woodson

Hastings & Graham }Debt &18.82/100

Be it remembered that on this 10^th day o August 1858 AD, JH Robbins filed herein as his cause of action one note made by SS Woodson to Hastings & Graham April 16^th AD 1858 for &18.82/100 dollars, baring interest at the rate of ten per cent interest from one day after date, on which a notice issued returnable on the 21^st day of August at 2 o’clock P. Notice returned & served on the 10^th day of August 1858 signed AW Evans. The day having arrived defendant present, Plaintiff absent. I SS Woodson acknowledge myself indebted to JH Robbins in the sum of &21.38 dollars as justly due him on a note made by me to Hastings & Graham. I hereby authorize N Hall a Justice of the Peace of Union Twp of Davis County, Iowa to render Judgment against me for the same with interest from this date and costs taxed at $1.40/100 signed SS Woodson subscribed to by SS Woodson before me this 21^st day of August 1858 N Hall Justice of Peace

It is therefore considered that J H Robbins recover of SS Woodson by confession the sum of $21.38 dollars with ten per cent interest from this date and costs of suit taxed at $1.40/100. N Hall

Received Feb 1839 of Shadrock Woodson in full of the above judgement. Signed John H Robbins

I JH Robbins solemnly swear that the receipt for the collection of the foregoing note was burnt, destroyed, or lost signed John H Robbins subscribed and sworn to before me this 11^th day of April AD 1859 N Hall JP

Pg. 13

T Haney Vs L Lazier

ER White} Debt

Be it remembered that on this 11^th day of August 1858, T Haney, ER White filed herein as their cause of action one note made by Lawrence Lozier to ER White March 27^th AD 1858 for Eighteen dollars & twenty five cents with interest at the rate of ten per cent from one day after date on which a notice issued returnable on the 21^st day of August AD 1858 at 10 o’clock AM. Notice returned marked served and signed by AW Evans Constable. The day and hour having arrived the Plaintiff absent defendant present. I Lawrence Lozier acknowledge my self-indebted to T. Haney in the sum of Nineteen dollars as justly due him on a note made by me to ER White. I hereby authorize

Pg. 14

State of Iowa Vs. PP Herrod Before N Hall, JP.

Be it remembered that on this day of September at 10 o’clock PM 1858, the above cause came before me on a change of venue from HM Wyeth a Justice of the Peace of Union Township. The transcript and other papers being on file now in my office, parties called and answered to their names. A motion was made by defendant to have RJ Hirens name as private prosecutor. The above motion withdrawn by defendant for the present. A motion made by defendant PP Herod in this suit and asks that said suit be dismissed for the following reason, The time of filing the information is not marked therefore as required by section 3326 of the code of Iowa. Motion sustained and the suit dismissed, This 4^th day of September 1858 at 11 ½ o’clock PM. N Hall, Justice of the Peace

Pg. 15

Philip Rouch Vs Daniel McCollum

I Daniel McCollum acknowledge myself indebted to Philip Rouch in the sum of Fifty dollars as justly due him on a note made by me April 4^th 1856 for $50.00 dollars payable to said Philip Rouch on or before the 25^th day of December next with ten per cent interest.from the above date. And the said D McCollum paid $10.00 on said note somewhere about the 1^st of April 1858. For which he had a receipt which he cannot find at present, said Plaintiff admits. And I hereby authorize Nathan Hall a Justice of the Peace of Union Twp, Davis County & State of Iowa to render judgment against me for the same, with interest and costs. Witness my hand this 21^st day of October AD 1858. Subscribed to by the said Daniel McCollum before me this 21^st day of October 1858. N Hall, Justice of the Peace. It is therefore considered that Philip Rouch, Plaintiff recover of Daniel McCollum Defendant by confession the sum of forty seven dollars & seventy cents, with ten per cent interest from this date and cost of suit taxed at 1.00/100 this 21^st day of October 1858 N Hall

Pg. 16

John C Brown Vs HG Phelps

Melvina Staley EA Germelia Agent }Debt

Be it remembered that on this 13^th day of October AD 1858, the said John Brown filed herein as his cause of action a note made by said HG Phelps dated November 10^th 1857 on or before the 1^st of June next to Malvina Staley for thirty two dollars with a credit on is of $4.10/100 Sept 16^th 1858, with ten per cent interest from date. And there upon a notice issued returnable on the 26^th day of October 1858 at 3 o’clock PM and delivered to JC Baird Deputy Constable. Notice returned marked served by reading the same and signed JC Baird Dep Const. The day and hour having arrived and neither party present. It is therefore considered that the Plaintiff JC Brown recover of Defendant HG Phelps by default the sum of Thirty dollars & thirty five cents, with ten per cent interest and costs of suit taxed at $1.45/100, this 26^th day of October 1858. Nathan Hall, Justice of the Peace JC Baird, Constable I hereby certify that on the 1^st day of November 1858 AD HG Phelps filed an appeal bond with D Ernst security on the foregoing cause to the District court. N Hall Justice of the Peace

Pg. 17

James Davis Vs J Heaston & NH Parks }Debt

We John Heaston & Naboth H Parks acknowledge ourselves indebted to James Davis in the sum of Forty seven dollars& 25 cents as justly due him on a note made by us March 11^th 1858 for $54.08/100 payable to said James Davis on or before the first day of September next, having a credit of $10.00 dollars with ten per cent interest from due and we hereby authorize H Hall a Justice of the Peace of Union Twp davis County Iowa to render judgment against us for the same with interest and costs of suit. Witness our hands this 30^th day of October AD 1858. Signed John Heaston, NH Parks Subscribed to by the said J Heaston & NH Parks before me this 30^th day of October AD 1858. It is therefore considered that James Davis recover of John Heaston & NH Parks by confession the sum of Fortyseven dollars 25/100 cents. This 30^th day of October 1858 Stayed 90 days by GT Grinstead.

Pg. 18

James Davis Vs. James Hairgrove & Edward Reason & Co }Debt

    Be it remembered that on this day 23rd day of October 1858. James Davis filed herein as his cause of action one note made by James Hairgrove to Edward Reson & Co; February 5th 1858. One day after date for ninety three $ 48/100 dollars baring interest from January 1 1858, at the rate of ten per cent per annum having credits to the amount of $44.00/100. On which notice issued returnable on the 6th day of Nov 1858 at 3 o'clock PM. Notice returned marked served by reading on the 1st of Nov 1858 and signed SM Gandy, Dep Court

And now on this 4th day of November 1858 comes James Hairgrove defendant and confesses his indeptness and that he cannot be present at the time for trial.

It is therefore considered that the plaintiff James Davis recover of defendant James Hairgrove by confession the sum of Fifty five dollars and fifty-six cents with ten per cent interest from this date and costs of suit taxed at $1.00. Stayed for 90 day by IM Jackson.    Nathan Hall, Justice of the Peace

Received January 8th, 1959 by J Edwards on the foregoing Judgment of $40.00

N Hall JP

James Davis Vs James Hairgrove & Edward Reson & Co } on stay of execution

Be it remembered that on the 4th day of November 1858 said James Davis recovered before me a Judgment against James Hairgrove for the sum of Fifty five& 56/100 dollars with ten per cent interest and costs of suit and on the 8th of Jan 1859 said J Hairgrove paid $40.00 and on the 5th day of Nov 1858 I M Jackson became bail for the stay of execution for the term of 90 days from the vendiction thereof and said 90 day having expire and said judgment has not been paid.

It is therefore considered that the said James Davis recover of the said James Hairgrove and IM Jackson the sum of sixteen 66/100 dollars with ten per cent interest from this date and costs of suits. This 8th day of Feb AD 1859, N Hall

Execution issued 8th day of Feb 1859 and delivered to JE Baird constable. Rec'd Feb 12th 1859 of JE Baird in full of Judgement and costs. {signed} Nathan Hall Justice of Peace.

Pg. 19

James Davis Vs. William Pherigo & Edward & Cunningham & Amon Shook} Debt

I William Pherigo acknowledge myself indebted to James Davis in the sum of $38.21/100 dollars as justly due him on a note made by me January 31st 1857 for $38.21/100 dollars payable to Edwards   & Cunningham one day after date with ten per cent interest from the 14th of January 1857 and I hereby authorize N Hall a Justice of the Peace of Union twp Davis county State of Iowa to render interest and costs of suit. Witness my hand this 4th day of November AD 1858. William {his mark} Pherigo.

Cancelled Dec 11th 1858.

Pg. 20

A Miller Vs. Daniel Ernst & Edwards Reson & Co } Debt

I Daniel Ernst acknowledge myself indebted to A Miller in the sum of twenty five dollars & 80/100 cents as justly due him on a note made by me January 23rd 1858 for $25 80/100 payable to Edward Reson $ Co one day after date with ten per cent interest from January 1st 1858 and I hereby authorize N Hall a Justice of the Peace of Union Twp Davis County and State of Iowa to render Judgment against me for the same with interest and costs. Witness my hand this 8th day of November AD 1858. {signed} Daniel Ernst    subscribed to before me this 8th day of November AD 1858 {signed} Nathan Hall Justice of the Peace    It is therefore considered that A Miller Plaintiff recover of Defendant Daniel Ernst by confession the sum of Twenty seven dollars and Seventy five cents with ten per cent interest from this date and costs of suit    This 8th day of November AD 1858. Nathan Hall Justice of the Peace.     Received December 30th 1858 of D Ernst on the foregoing Judgment $10.00    Received January 3rd 1859 on the foregoing Judgment $6 20/100    Rec'd Jan 5th of $3.70 on the foregoing judgment.    Rec'd Jan 7th 1859 $3.00 on foregoing judgment by D Ernst    Rec'd Jan 10th 1859 of D Ernst $4.00 on the foregoing judgment    Rec'd in full of the foregoing Judgment this 10th day of Jan 1858.    N Hall JP    Rec'd of N Hall $28.15/100 in full of the foregoing Judgment {signed} Abram Miller

Pg. 21

D Ernst Vs D H Sayers & J Darnell } Debt

I David H Sayers acknowledge myself indebted to Daniel Ernst in the sum of Twenty seven dollars & 50/100 cents as justly due him on a note made by me October 16th 1857 for $50.00/100 (J Darnell security) payable to Thomas M Pugh on order on or before the 1st day of October AD 1858 having a credit of $25.25/100 with ten per cent interest from date and I hereby authorize N Hall a Justice of the Peace of Union Township Davis County State of Iowa to render Judgment against me for the same with interest and costs.    Witness my hand this 20th day of November AD 1858. {signed} David H Sayres    Subscribed to before me this 20th day of November AD 1858. {signed} Nathan Hall Justice of the Peace    It is therefore considered that Daniel Ernst Plaintiff in the above cause recover of David H Sayres defendent by confession the sumeof Twenty seven dollars & 75/100 with interes from this date at the rate of ten per cent per annum and costs of suit. This 20th day of November AD 1858. {signed} Nathan Hall Justice of the Peace.

Pg. 22

Justice fees-    Entering Judgment by confession    .50    Stayed 40 days JJ Earnhart Bail    .50    stay bond    .50    For value rec'd I assign the foregoing Judgment to N Hall Nov 1858.    {signed} Daniel Ernst

E Hining Vs Elisabeth Noakes & William James } Debt

Be it remembered that on this 30th day of Nov 1858 the said Edward Hining filed herein as his cause of action a due bill made by said E Noaks to William James as dated October 16th 1858 for the sum of 50 cents and thereupon a notice issued returnable on the 7th day of December 1858 at 1 o'clock PM and was delivered to JE Baird Dep Constable said notice returned marked served.    The day and hour having past and neither party appearing. It is therefore considered that the Plaintiff Edward Hining recover of Elisabeth Noakes by default the sum of Fifty cents and costs taxed at $1.75/100 {signed} Nathan Hall Justice of the Peace {signed} James E Baird Constable

Pg.23

Edward Hining Vs Harmon H Rullman & Wm James} Debt

Be it remembered that on this 30th day of Nov 1858, E Hining filed herein as cause of action one due Bill made by said HH Rullman to William James or order the sum of Two dollars October 16th 1858, On which a notice issued returnable on the 10th day of December 1858 at 1 o'clock PM said notice delivered to J E Baird Dep Court.  Notice returned marked served by leaving a copy with his wife signed JE Baird Dep

The day and hour having past and neither party appearing. It is therefore considered that the Plaintiff E Hining recover of Defendant HH Rullman by default the sum of Two dollars and costs of suit taxed at $1.75/100.

Pg. 24

Edward Hining Vs James Beck & Wm James } Debt

Be it remembered that on this 30th day of November 1858 the said E Hining filed herein as his cause of action an account made by said James Beck to William James for $1.00/100 (3 bxs pills & 1 roll salve) and thereupon a notice issued returnable 10th day of December AD 1858 at 10 o'clock AM and was delivered to JM Hunt Dep Court said notice returned marked served-    Now on this 9th day the Defendant in the above case appeared & Plaintiff also present (by brother) said Defendant filed an affadavit that he had same time in Sept '58 delivered up the pills & salve to said W James agent.    The parties compromised and the plaintiff agreeing to pay the costs.     N Hall Jus Peace

Pg. 25

Edward Hining Vs Willis Pearson & Wm James } Debt

Be it remembered that on this 30th day of November AD 1858, E Hining filed herein as his cause of action an account made by said Willis Pearson to William James for 3 boxes pills & one roll salve $1.00/100 and thereupon a notice issued returnable on the 9th day of December AD 1858 at 10 o'clock AM and were delivered to JE Baird Dep Court said notice returned marked served by reading.    The day and hour having arrived and the parties appearing and compromise by said plaintiff paying cost and taking pills & salve back.    N Hall Justice of the Peace

Pg. 26

Edward Hining Vs John Horn & Wm James } debt

Be it remembered that on this 30th day of November AD 1858 the said E Hining filed herein as his cause of action an account made by said J Horn to William James to 3 boxes pills at .75/100 cents and thereupon a notice issued returnable on the 9th day of December 1858 at 3 o'clock PM and was delivered to JE Baird Dep Court Said notice returned marked served by reading the same.    Parties appearing and compromising by the said Defendant paying the cost & Plaintiff taking one box of pills back & Defendant paying for two    N Hall Just of Peace} fees .50 Mileage & serving .35

Pg. 27

Edward Hining Vs William Moore} Debt

Be it remembered that on this 30th day of November 1858 the said E Hining filed herein as his cause of action a due bill date Oct 16th 1858 by said W Moore to William James for .50/100 cents and thereupon a notice issued returnable on the 8th day of December 1858 at 2 o'clock PM and were delivered to JE Baird Dep Court notice returned marked served    The above .50 cents paid by JE Baird    N Hall JP

Pg. 28

T A Hunt Vs Lee W Conner } Debt

Be it remembered that on this 7th day of December AD 1858 the said TA Hunt filed herein as his cause of action an account of Two 25/100 dollars June 1857 to 1 mattack 2.25/100 and thereupon a notice issued returnable on the 17th day of Dec 1858 at 10 o'clock AM and were delivered to JE Baird Dep Constable        Notice returned marked served by leaving a copy on the 10th a supeona for D Hidlebaugh for Plaintiff also suppeona for JA Duckworth, A Conner, A Box, J Marcen [sic} per defendant.    The day and hour having arrived and the parties appearing- - -  A motion made by Defendant to dismiss the above cause on the ground that the certification of the copy was not dated    Overruled    Also a motion made by said defendant to dismiss the cause on the grounds tht the return did not state the person and house where the service was made     Overruled    for the reason that said def appeared with the copy at the time and place of trial    Adjourned till 3 O'clock PM    Jury consisting of W O Jackson, GB Hall, JH Downing, JD Hamilton, GW Gandy, GW Gandy    Jury sworn    witness on the part of Plaintiff called & sworn- D Hidlebaugh    Witnesses on the part of Defendant called & sworn consisting of J Duckworth, A Conner, R Conner, & J Conner.    The jury after hearing the testimony retired to consider and after deliberating returned into court the following verdict-    We the jury find for the Defendant on the grounds that said Plaintiff  WO Jackson did not prove a demand of said Mattock. signed by Jury    It is therefore considered by the court htat the Plaintiff Thomas A Hunt pay the cost of the foregoing suit taxed at Two dollars & 35/100.    Nathan Hall JP

(attached is bill signed by Lee W Conner)

PG. 29

James M Miller Administrator of GB Miller Vs Daniel Ernst}Debt

I Daniel Ernst acknowledge myself indebted to James M Miller adm of G B Miller deceast, in the sum of Twenty three dollars & 62/100 cents, as justly due him on a note made by me April 6th 1856, for $23.62/100 payable to said J M Miller, one day after date with ten per cent interest from date. And I hereby authorize Nathan Hall a Justice of the Peace of Union Township Davis County Iowa, to render judgment against me for the same with interest and cents of suit. witness my hand This 12th day of January AD 1859. signed Daniel Ernst  It is therefore considered that the plaintiff James M Miller recover by confession of Daniel Ernst defendant, the sum of Thirty dollars & 45/100 cents with ten per cent interest from this date & costs of suit. This 12th day of January AD 1859. Nathan Hall Justice of Peace   Justice fees entering judge 1.00

PG. 30

William O Jackson Vs E L Clark }Debt

Be it remembered that of this 3rd day of January AD 1859. The said William O Jackson filed herein as his cause of action a note made by said E L Clark dated June 29th 1857 for $31.30/100 Twelve months after with ten per cent interest per anum from date, having a credit of $3.00 June 29th 1858 and thereupon a notice issued returnable on the 15th day of January 1859 at 3o'clock PM. The above credit was overlooked in issuing notice and was delivered to JE Baird Constable. Notice returned, marked served. The day having come and the hour past and neither party appearing. It is considered that the said W O Jackson, recover of the said E L Clark by default the sum of $33.25/100 with ten per cent interest from this date and costs of suit taxed at $1.85/100. This 15th day of January AD 1859. signed Nathan Hall Justice of Peace

PG 31

Daniel Jonson Vs R Montgomery, WM Shelton }

I Robert Montgomery acknowledge myself indebted to Jonson in the sum of seven dollars 31/100 cents, as justly due him on  a note made by us October 17th 1857 for 7 30/100 payable to Elis. Noakes on or before the 25th day of December 1858 with ten percent interest from due and I hereby authorize N Hall, Justice of the peace of Union Township Davis County Iowa to render Judgement against us for the same with interest and costs of suit. Witness my hand this 28th day of February AD 1859. signed Robert Montgomery Subscribed to before me this 28th day of February AD 1859. Nathan Hall Justice of Peace  It is therefor considered that Daniel Jonson plaintiff recover of Robert Montgomery & W M Shelton defendants by confession the sum of seven & 65/100 dollars with interest from this date at the rate of ten per cent per annum and costs of suit this 28th day of February AD 1859. Nathan Hall JP  Continued  Be it remembered that on the 28th day of February AD 1859 said Daniel Jonson recovered before me a justice of the peace a Judgement against Robt Montgomery & WM Shelton for the sum of seven dollars .65/100 cents with ten per cent interest and cost of suit. And on the 10th day of March 1859 the said Lewis Warren bail for the stay of execution for the term of 20 days from the rendition thereof and where as said 20 days has expired and the said Judge has not been paid. It is therefore considered that the said Dan Jonson recover of Robt Montgomery, WM Shelton & L Warren the sum of seven dollars & 76/100 cents with ten per cent interest and $1.50 costs this 4th day of April 1859. N Hall Jp  Execution issued April 4th 1859 and delivered to J Baird Constable  Received April 22nd 1859 on the foregoing Judgment $9.00 

PG 32

Samuel Christy Vs AW Evans} Debt

Be it remembered that on this 27th day of February AD 1859 the said Samuel Christy filed herein as his cause of action an account made by xxx  October 29th 1858- to Two yearling calves---$12.50 credit $6.00 Balance $6.50/100 and there upon a notice issued returnable on the 21st day of March 1859 at 10 o'clock AM and was delivered to JE Baird Constable also a subpeona issued for WR Vorhis, GM Oneal, Jno Hopkins, Daniel Miller, Jno Sconce on the part of plaintiff. Notice returned marked served and signed JE Baird Constable. Subpeona also marked served and signed JE Baird Const. The day and hour having arrived parties called and answered to their names. said Defendant filed an affadavit for a change of venue. Change granted and sent to PP Herrod in said township-- This 21st day of March 1859. Nathan Hall Justice of the peace. Justice fees.. 50, Const fees & mileage $4.48.

PG 33

CW Thomas Vs Daniel Ernst, DC Thomas

I Daniel Ernst acknowledge myself indebted to Charles W Thomas in the sum of $34.14/100 dollars as justly due him on a note made by me January 1st 1859 for 34.14/100 payable to DC Thomas one day after date, with ten percent interest from date. and I hereby authorize N Hall a Justice of the peace of Union Township Davis County state of Iowa to render Judgment against me for the same with interest and costs of suit. Witness my hand this 11th day of April AD 1859. signed Daniel Ernst.  Subscribed to before me by the said Daniel Ernst. This 11th day of April AD 1859. It is therefore considered that the plaintiff Charles W Thomas recover of Daniel Ernst defendant by confession the sum of $34.14/100 dollars with ten per cent interest from Jan 1st 1859 and costs of suit. Taxed at 1.00 This 11th day of April AD 1859. N Hall JP

PG 34

WJ Jones Vs Charles H Hining

Be it remembered that on the 14th day of July 1859 the said WJ Jones filed herein as his cause of action a written obligation made by said Charles Hining, March 24th 1859 to wit. I Charles Hining do hereby agree to secure the interest of WJ Jones on a note due Jacob Allen on the 1st day of April 1859 to the account of Ten dollars. And thereupon a notice issued returnable on the 23rd of July at 1o'clock PM., and delivered to  JE Baird Const, also a subpeona for Moses Downing on the part of the plaintiff, and on the 22nd July 1859 a subpeona issued for DC Thomas, John Bake, and WO Jackson on the part of the defendant. The notice returned and subpeona for M Downing marked served. The day and hour having arrived the parties present. A motion filed by defendant for an unsuit for the reason that the notice was left at his residence and no persons at home and did not get the notice until the 21st. The motion sustained & the  cause dismissed. This 23rd day of July AD 1859. N Hall JP  The foregoing cause refered to arbitration by agreement of parties and am article of agreement signed by each party under the penalty of one hundred dollars to abide the arbitrator thr cost abide suit. Arbatrators- JH Downing, Ellis Downing, James E Bard  We the Arbitrators find for the defendant on the grounds that the plaintiff did not sustain his demand signed JE Baird, Ellis Downing, JH Downing  It is therefore considered that the defendant Charles Hining recover of the plaintiff WJ Jones the soct of the foregoing entitled case. N Hall JP  Justice fees, Const fees- serv notice copy & mileage .65 serving 3 subpeonas & Mileage .75 Witness fees & Arbitrators fees.

PG 35

Daniel Ernst Vs D McCollum & TM Pugh } Debt

Be it remembered that on the 25th day of July AD 1859 the said Daniel Ernst file herein as his cause of action a note made by said D McCollum dated August 4th 1858 payable to TM Pugh on or before the 25th day of December next for ten dollars & 95/100 with ten percent interest from maturity on which a notice issued returnable 29th day of August AD 1859 at 2o'clock PM Notice returned marked served. The day and hour having post and neither party appearing. It is therefore that the said Daniel Ernst plaintiff recover of D McCollum Defendant the sum of ten dollars & 95/100 with ten percent interest from decem 1858. and costs of suit, cost 1.85/100  This 30th day of August 1859 N Hall JP  Just fees 1.00 Const fees .85 Rec'd Jan 9th 1860 on the above judgment $1.48 Rec'v March 29, 1861 4.20    Receipt attached and signed by Daniel Ernst

PG 36

DC Thomas Vs AJ & Susan Christy

Be it remembered that on this 10th day of October AD 1859 the said DC Thomas filed herein an account made by the said AJ & Susan Christy on the 13th & 24th days of January AD 1859 and that a writ of an attachment & notice was issued said sum against the goods of said AJ & Susan Christy. Returnable on the 10th at 10 o'clock AM and was delivered to JE Baird Constable and now on this day came the Const and made returnable said writ & a sorrel horse at this time   The parties appearing and compromising and the said Susan Christy payed $8.75 leaving a small balance. Cancelled is written across this document.

PG 37

Caleb Bails Vs James E Baird} Debt

I James E Baird acknowledge myself indebted to Caleb Bails in the sum of three dollars & 30 cents. as justly due him on a note made by me April 10th AD 1859 for $3.30 payable to said C Bails one day after date with ten percent interest form due and I hereby authorize N Hall a Justice of the peace of Union township Davis County state of Iowa to render Judgment against me for the same with interest and costs of suit  Witness my hand this 10th day of October AD 1859. signed JE Baird  Subscribed to before me this 8th day of October AD 1859 N Hall Justice of Peace  It is therefore considered that Caleb Bails plaintiff recover of JE Baird Defendant the sum of three dollars & 30 cents with interest from the 10th day of April 1859 and cost $1.00 this 10th day of October AD 1859 signed Caleb Bales

PG 38

DC Thomas VS John Heaston} Debt

Be it remembered that on 10th day of November AD 1859 the said DC Thomas filed herein as his cause of action on account made by said J Heaston to  SW Gandy April 2nd 1859 for $6.50 baring a credit of $2.12; leaving a balance of $4.38 due. And there upon a notice issued returnable on the 25th day of November AD 1859 at 1 o'clock PM also a subpeona issued for E Parks, SW Gandy, JE Baird, & TA Covert? on the part of the plaintiff. Notice returned marked served. The day and hour having arrived the parties appearing . The defendant presented an affadavit as for a continuance. The plaintiff admitted said evidence set forth in his affidavit, consequently the cause of fault.  Witness examined on the part of plaintiff. It is therefore considered that the plaintiff DC Thomas recover of the defendant John Heaston, the sum of Four dollars & 38 cents and costs of suit taxed at $6.80.  This day of November AD 1859. N Hall JP

PG 39

DC Thomas VS HG Phelps

be it remembered that on the 16th day of November AD 1859 the said DC Thomas filed herein as his cause of action an account made by said HG Phelps to balance on store acc't to Nov 15th 1859 $17.86, Thereupon a notice issued returnable on 26th day of November AD 1859 at 1 o'clock PM and was delivered to JE Baird Constable. Notice returned marked served. The day & hour having arrived the parties appearing and compromised & drawed the suit, by entering into an act of agreement. N Hall Justice of Peace.

PG 40

Samuel Gandy Vs William Cook & D Ernst} Debt $2.50

And now before trial the said William Cook payed the above amount and cost, This 20th day of Jan 1860  N Hall J.P.

PG 41

I AW Evans acknowledge myself indebted to Jacob Christy in the sum of twenty dollars with interest at the rate of ten percent from the 25th day of November 1859. As Justly due him on a note made by me Nov 25th 1858 for $20.00 payable to Edward Hining on or before the 25th day of November AD 1859. And I hereby authorize Nathan Hall a Justice of the Peace of Union Township, Davis County, State of Iowa to render judgment against me for the same with interest and costs of suit. Witness my hand this 24th day of Feb AD 1850. signed AW Evans  Subscribed and sworn to before me this 24th day of Feb AD 1860. N Hall J.P.  It is therefore considered that the plaintiff Jacob Christy recover of AW Evans defendant by confession the sum of $20.00 with int at the rate of ten percent from Nov 25th AD 1859 and costs of suit. This 24th day of Feb AD 1860 signed Nathan Hall J.P.

PG 42

AB Meyers Vs Thomas Fountain } Debt $7.95

Be it remembered that on this day March 31st 1860 comes S Lane Constable, with the original paper & transcription in the above intitled cause on a change of venue from HM Wyeth a Justice of the peace of Union Township. The transcript stating that AB Meyers suid out of his office a writ of attack against Thomas Fountain as the original papers shows. And now the parties called the plaintiff appearing in person (with an att'y) The defendant att'y PP Herrod  A motion made by plaintiff for PP Herrod to show his authority for acting as agent for defendant T Fountain. Said Herrod being sworn that he was legally authorized, said motion sustained. A motion made by Defendant to dismiss said cause on the ground that the pls not named in the writ, overuled. A venue issued and delivered S Lane, Constable, returned. John Bake, S Gandy, James Hamilton, JH Downing & RW Gandy as jurors. Jury sworn. The defendant moved to have the illegality of the original papers in this cause tryed before the jury, overruled. Now after hearing the proof of aligations the cause was submitted to said jury. Jury returned the following verdict- We the jury empaneled in the foregoing cause, find for the Plaintiff $7.20 and costs of suit be assets to Defendant signed Jurors. It is therefore considered that the plaintiff, AB Meyers recover of the Defendant Thomas Fountain the sum of $7.20 and costs of suit, taxed at $12.25  This 31st day of March AD 1860 N Hall J.P.

PG 43

J Baker Vs JW Miller}

Be it remembered that on the 21st day of April AD 1860, Jacob Baker filed an account of $20.40 as his cause of action against said J W Miller. Notice issued returnable on 28th April 1860. Where as on the 25th day of April 1860 said J Baker came and drawed the suit and payed $1.00 on the costs. Just fees- .50 Const fees- $1.65  .65 due

PG 44

Wesley Parks Vs JW Miller} Debt

Be it remembered that on the 30th day of April AD 1860 the said W Parks filed herein as his cause of action on account made by said JW Miller Dec 26, AD 1859 to borrowing $29.25/100 and thereupon a notice issued returnable on the 5th day of April 1860 at 1 o'clock. Also a subpoena issued for  G McCollum & J Baker on the part of plaintiff, The day and hour having arrived the parties make their appearance. Motion of def to dismiss on the grounds that the return on the notice is not sufficient. Overruled. Defendant objects to the book acc't. Jan 1860. Overruled. On motion def moved that G McCollums evidence be ruled out of court on the grounds that it was in 1860 when defendent filed an offset of $8.25 admitted to plaintiff he comenced boarding. At this stage of the case Attorney's fought a dog fight, after order was obtained the parties agreed to give in therin testimony, and submit the cause to court. After hearing the evidence on each side, It is therefore considered that the plaintiff W Parks recover of Defendant JW Miller the sum of 21 dollars and costs of suit taxed $5.65. This day of May, AD 1860. N Hall, JP Cancelled is wrote across the pages of these documents.

PG 45

State of Iowa Vs PP Herrod} A & B

Be it remembered that on this day May 5th AD 1860 said P.P. Herrod came before me a justice of the peace and pled guilty of an assault and battery upon the body of J.E. Baird. It is therefore considered that the state of Iowa recover of the said PP Herrod the sum of $1.00 fine for the offense said. The above fine paid over to me, this 8th day of May AD 1860 N Hall, Justice fees .50

State of Iowa Vs P.P. Herrod} Contempt of court

Be it remembered on the 5th day of May AD 1860 in open court a commit and assault and battery in my presance, A Justice, I assess a fine for contempt of court. It is therefore considered that the state of Iowa recover of said PP Herrod the sum of $1.00 fine for contempt of court & costs. This 5th day of May 1860 It is considered the above fine for contemp be void from the fact. It was not assest at the time and in the precence of said PP Herrod. A receipt is attached- June 6, 1860 Rec'd of Nathan Hall, Esq one dollar fine (State Vs PP Herrod) filed CC Cramer Co Treas RD Duffield deputy

I James E Baird Acknowledge myself indebted to Christopher Bake in the sum of six dollars & fifty cents as justly due him on an note made by me October 1st, AD 1858. Payable to said C Bake on or before the 12th day of October 1858 with ten per cent interest from due, with a credit of said note Jan 24th 1859 of $2.10 and I hereby authorize N Hall a Justice of the peace of Union Township Davis County state of Iowa, to render judgment against me for the same with interest and costs. Witness my hand this 21st day of May AD 1860 signed JE Baird  subscribed & sworn to before me this 21st day of May AD 1860 N Hall Justice It is therefore considered that the plaintiff Christopher Bake recover of James E Baird by confession the sum of Five dollars & forty five cents, with ten percent interest from this date and costs of suit taxed at $1.00  This 21st day of May AD 1860. August 1861 received of two dollars signed Christopher Bake April 1863, received the above judgement, except costs, signed Christopher Bake

PG 46

AW Evans Vs John Sconce} debt

Be it remembered that on this 8th day of June AD 1860 the above intitled cause came before me on a change of venue from PP Herrod J.P., the original papers & manuscript deposited in my hands by JB McCuchen special Constable. The parties appearing the plaintiff filed an affadavit asking for a continuance of the above cause on the grounds that he had used due diligence to procure a witness the defendant admitted the evidence of said witness. Overruled. Plaintiff demanded a jury. xxx issued and delivered to RB Downing Constable returnable on the 11thd ay of June AD 1860 at 10 o'clock AM also subpeona issued for each parties. Subpeonas on part of def returned & sworn for service, xxx returned served & signed by RB Downing Constable. The day & hour having arrived the parties call the parties appearing by themselves with att'y. Jury called approved John Bake, C Leach, S Gandy, JH Downing, J Hamilton sworn. Witness sworn for plaintiff- C Taylor, AW Evans, for defendant D Miller, J Yost, A Miller, S Sconce, TJ Sconce, RR Rolen. The jury after hearing the testimony on each side and after deliberating returned the following verdict; We the undersigned jurors find for the plaintiff .60 cents. Signed It is therefore considered that the plaintiff AW Evans, recover of Def JC Sconce the sum of sixty cents and costs of suit Taxed at -- N Hall JP This 11th day of June 1860

PG 47

James E Baird Vs S Lane Constable} Replevin

Be it remembered that on  the 29th day of May AD 1860 the said James E Baird filed herein his petition under oath of alleging that the said S Lane Const wrongfully detained from him the following property to wit: One red and white cow, three years old this spring, of the value of $15.00 dollar with DC Thomas his security and thereupon a writ of replevin and original notice issued returnable on the 9th day of June AD 1860 at 2 o'clock PM. Also a subpeona for J Earhart & W Wallace on the part of plaintiff, all of which was delivered to RB Downing Con^st Notice and subpoina returned marked served. The day and hour having arrived the parties appearing with atty's motion by plaintiff to amend the petition. Granted. Defendant objects. Defendant moved for aditional security on bond, Motion sustained and one hour given for plaintiff to get security. said plaintiff failing consequently suit dismissed at Plaintiff cost. Justice fees, Constable fees, July 10th AD 1860 JH Downing J.P.

PG 48

State of Iowa Vs George Shuler}

Be it remembered that on this the 18th day of August AD 1860 brought before me George Shuler by S Lain Constable, Charges of having violated the laws of the land & of the church by selling Apples, in the vicinity of Troy. After hearing the evidence, was found guilty & fined fifty cents & costs of said suit. JH Downing JP Witness of the part of the plaintiff John Pierson .50, Henry Day.50 Justice fees .50 cents, Trial .50 cents, Constable fees-75 cents.

PG 49

B Wilson Vs Samuel Evans} Debt

Be it remembered that on this the 5 day of August AD 1862 the said B Wilson herein as his cause of action a note made by said Samuel Evans, dated January 27th AD 1860 for thirty dollars and eighty six cents due from Jan 1 AD 1860 with ten percent interest from date with a credit of$17.50/100 January 15 AD 1862 and therfore a  notice issued returnable on the 12th day of August 1862 at 10 o'clock AM and delivered to RB Downing deputy Constable. Notice returned, marked served August the 9. Day & hour having arrived the parties, neither of them appearing it is therefore considered that plaintiff B F Wilson recover of the defendant Sam Evans the sum of twenty dollars and seventy cents August the 12 1869 JH Downing Jus O Peace. Cancelled is writ across this document.

PG 50 & 51

Richard Hendrize Vs Richard Ashby & Merida Foot} Debt

Be it remembered that on this the 25 day of August 1860, the said R Hendrize filed herein as his cause of action a note made by said R Ashby & M Foot, dated Aug the 16 1860, for sixteen dollars & thereupon a notice issued returnable on the 1st day of Sept 1860 at 1 o'clock PM & was delivered to RB Downing Constable. Notice returned in due time, the day & hour having arrived the defendants appeared & plead a nonsuit on the grounds that the plaintiff was a minor, a nonsuit granted this 1st day of Sept AD 1860. JH Downing Justice P

PG 52

CW Thomas Vs Jonathan Stark, Nathan Lawson, DC Thomas} Debt

Be it remembered that on this the 4th day of Sept 1860 the said CW Thomas filed herein as his cause of action an account made by Jonathan Starks & N Lawson, security an account for one pair of candlesticks four dollars & five cents. $4.05 Oct 15, 1859 to ballance on account. And therefore a notice issued returnable on the 8 day of Sept 1860 at 2 O'clock PM & delivered to RB Downing Cons. Notice returned in due time. The day and hour having arrived the defendants did not appear. It is considered that the CW Thomas recover of the said Jonathan Starks, N Lawson, & DC Thomas the sum of four dollars & sixty one cents. This the 8th day of September AD 1860. JH Downing Justice of the Peace. Cancelled is marked across this document.

PG 53

I Phillip Robbins acknowledge myself indebted to Wm O Jackson in the sum of Twenty four dollars & forty cents on a note made by me to Leroy Hagan October 31st 1859 payable to fifty five days after date for one cooking stove, and I hereby authorize John H Downing a Justice of the Peace of Union Township Davis County, State of Iowa to render judgment against me for the same with interest. Witness my hand this the 25 day March 1861. John H Downing J.P. It is therefore considered that the plaintiff Wm O Jackson recover of the defendant Phillip Robbins the sum of twenty four dollars & forty cents with interest. This the 25th day March, AD 1861. John H Downing Justice of the peace. 

PG 54

State of Iowa Vs Andrew Bales}

Be it remembered that on this the third day of June 1861 the said Andrew Bales came before me a Justice of the Peace of Union Twp, Davis County, and plead guilty of the crime of an assault & battery upon the body of one Jeremiah L Bales. It is therefore considered that the State of Iowa recover of the said Andrew J Bales the sum of one dollar fine, for the crime, this the 3 day of June 1861. JH Downing JP

PG 55

State of Iowa Vs James Davis}

Be it remembered that on this the 25 day of October AD1861 R T Kendall filed as a complaint against James Davis that he did on the 24th day of October 1861 in the township of Salt Creek County of Davis State of Iowa did swear that he would kill the complaintant R Kendall & made at him with a handspike at the residence of the defendant. Thereupon a warrant was issued & delivered to John Rollins constable also a subpoena for John Sconce, Israel Lasley, John H Rollin, John Shook, Anna Kendall. And now comes the constable with the defendant in custody. The defendant escaped & refuses to be brought back & now on the 26 day of October 1861 comes the defendant James Davis, desires a change of venue, the defendant files an affadavit which is granted & this cause is sent to Andrew Evans, Jus Peace October 26 1861. John H Downing JP

PG 56

State of Iowa Vs John Horn}

Be it remembered that on this the 18 day of April AD 1861 WG Phelps filed herein a complaint against the said John Horn that he did on the 18 day of April AD 1861 commit and assault & abuse upon the body of his wife thereupon a warrant was issued for the arrest of the said. Sworn & delivered to RB Downing Constable and now on this the 2 day of May comes the said Constable with the said John Horn in his custody the said Horn pleads not guilty of the crime, after hearing the testimony of the witnesses. It is therefore considered that the defendant xxx the testimony be acquitted  JH Downing Jus Peace

PG 57

Sarah Foster Vs Frederick Ruleman} Debt

Be it remembered that on this the16th day of June AD 1863 the said Sarah Foster filed herein as her cause of action an account against Frederick Ruleman of Forty dollars for work that her son done for said Ruleman with a receipt of nine dollars there upon a notice issued returnable on the 27th day of June AD 1863. Notice delivered RB Downing, Special Constable, Notice returned. The day and hour having arrived the parties being called the plaintiff answered by attorney. The defendant for himself, parties settled. Sarah x Foster her mark. JH Downing Justice, signed RB Downing, Obediah Wilkinson

Copyright © Davis County IAGenWeb. All rights reserved. All materials located on this website are the sole property of the webmaster and the original contributors