PARKE
CIRCUIT COURT
PAPERS
GEORGE WILKINS
- 1876
Parke Circuit
Court
May Term 1876
George Wilkins
Vs Amended
Complaint
Samuel Jordan
Plaintiff for ?
and amended complaint herein says that on the day of 187 he
purchased certain real estate of defendant for which defendant executed to him
a warranty deed, that at the time of the execution and delivery of said deed
there was due and unpaid on said land taxes charge against said Defendant and
for which he was liable the sum of $30.56, that Plaintiff often asked and
requested defendant to pay and discharge said taxes which were an encumbrance
on his land but defendant as many times refused; that plaintiff paid the amount
of said taxes to wit - the sum of $30,56 on the 7th day of February 1876, that
after the payment of said taxes, and before the commencement of this action
plaintiff again? requested defendant to refund to him
the amount thus paid, so plaintiff asks Judgement for $30.56 and interest from
the date of said payment in the sum of 40.00 and for costs and proper relief.
Atty
White for plaintiff
The State of
Constable of said Township.
You are hereby commanded to Summons
Five qualified voters of said township to appear before me a Justice of the
Peace thereof at my office therein, at two o'clock PM of the 4th day of May
1876, to serve as Jurors, in a case pending before me, in which George Wilkins
is Plaintiff and Samuel Jordan is Defendant; then and there to be tried, and
this said Juror shall in no wise omit. And have you then and there this writ
with your doings thereon.
Given under my
hand and seal.
This the 4 day
of May 1876
Issac
Hunt JP
1876 -
State of
George Wilkins
Vs Complaint
for $27.54
Samuel Jordan
April 29, 1876 Plaintiff filed the following account for his cause of action herein.
Before JW Hunt JP
Samuel Jordan
To George Wilkins
To amount of
tax paid for said
Samuel Jordan
To $3.02 paid
for George Wilkins $3.02
April 27, 76 Summons issued and
delivered to J L Branson Constable of
May 4,1876 Parties all
present for trial. Defendant by his Atty
Johnston, filed a motion to dismiss the action for
insufficiency of Plaintiffs Complaint.
Motion was overruled. Constable
returned the Summons served by copy April 29.
Defendant having demanded a Jury and the parties
having agreed upon the number of five.
Venire was issued therefor and being returned ,
the following named Jurors appeared as and were sworn to ? Nelson McClure, George C
Woody, William L McIntire, Henry Snyder and John Harrison. William L McIntire being objected to by
defendant as having expressed an opinion in the case was set aside. the parties agreeing
upon the remaining four as a jury, to try the case. the
said Nelson McClure, George C Woody, Henry Snyder and John Harrison were
empaneled as the Jury herein.
Trial was then had Wm L McIntire
appearing for Plaintiff and James T Johnston for Defendant. Samuel Jordan and George Wilkins were sworn
and examined as witnesses. An objection
by defendant against plaintiff introducing a deed of real estate as evidence
was sustained. Also an
objection by the same against the same introducing tax receipt as evidence.
overruled
The Jury after hearing the evidence
returned into Court the following verdict to wit
We the Jury find for the defendant
and fees for the jury
Nelson
McClure
J
Henry
Snyder
J
C Woody
It is therefore adjudged that the
defendant herein have Judgements for and recover all cash accrued in this case
together with accruing costs, taxed at seven dollars and sixty five cents as
itemized below Thu May 4th 1876 Isaac Hunt
J H Fees Constable
Branson fees
Summon .25 Serving
of Summon .25
Filing papers .15 Mileage .20
Docket of ? .25 Return .10
Venire .25
.55
Swearing Jury .10 Summons
of Jury .50
Swearing
Witness .10 Mileage .05
Trial 1.00 Return .10
Rendering jgmt .25 Attending
trial .50
Record .40 Const fee $1.70
$2.75
Jury fees J
H fees in Jgmt 2.75
Nelson McClure
.80 Jurors 3.20
John
Harrison .80 $7.65
Wm Snyder .80 J
H Fee an Transcript .50 J C Woody .80 Transmitting paper .25
$3.20 $8.40
I
Isaac H Hunt Certify that the foregoing is a complete transcript of all the
proceedings had before me in the above entitled case as taken and copied from
my docket.
Witness my hand and seal this thurs May 17 1876
Isaac
H Hunt JP
Shared by Gary Wilkins