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Introduction to Hibbard for the use of Hungerford & Livingston v. Miller and JS

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Introduction to Hibbard for the use of Hungerford & Livingston v. Miller and JS Summons, 27 November 1840 [Hibbard for the use of Hungerford & Livingston v. Miller and JS] Bond, 27 November 1840 [Hibbard for the use of Hungerford & Livingston v. Miller and JS] Judgment, 14 December 1840 [Hibbard for the use of Hungerford & Livingston v. Miller and JS] Supersedeas, 21 December 1840 [Hibbard for the use of Hungerford & Livingston v. Miller and JS] Bond, 21 December 1840 [Hibbard for the use of Hungerford & Livingston v. Miller and JS] Summons, 21 December 1840 [Hibbard for the use of Hungerford & Livingston v. Miller and JS] Docket Entry, 27 November–5 December 1840 [Hibbard for the use of Hungerford & Livingston v. Miller and JS] Docket Entry, Judgment, 8 May 1841 [Hibbard for the use of Hungerford & Livingston v. Miller and JS] Docket Entry, between 25 June and circa 3 September 1841 [Hibbard for the use of Hungerford & Livingston v. Miller and JS] Fee Bill, circa September 1841 [Hibbard for the use of Hungerford & Livingston v. Miller and JS]

Introduction to Hibbard for the use of Hungerford & Livingston v. Miller and JS

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Hibbard for the use of Hungerford & Livingston v. Miller and JS
Hancock Co., Illinois, Justice of the Peace Court, 5 December 1840
Hancock Co., Illinois, Circuit Court, 8 May 1841
 
Historical Introduction
On 27 November 1840, commenced a claim the mercantile firm Hungerford & Livingston against and JS for repayment of a debt. JS and Miller had become indebted to Hibbard on 11 May 1840 for $85.00, with payment due on 6 November 1840. Sometime before November, Hibbard apparently transferred the note to Hungerford & Livingston. By the end of November the debt remained unpaid and Hibbard initiated an action for $85.81 against JS and Miller before , a justice of the peace in , Illinois, who was authorized under law to hear debt cases for sums that did not exceed $100.00. Marshall issued a summons notifying JS and Miller to appear before him on 5 December 1840 to answer the suit. Although JS and Miller received notice of the December court date, for unknown reasons neither appeared on the appointed day. Marshall issued a default judgment awarding the plaintiff $85.41 and ordering the defendants to pay the court costs.
filed an appeal with the Circuit Court in mid-December 1840, not long after judgment was entered against him and JS. On 8 May 1841, , a member of the Supreme Court assigned to the fifth judicial circuit, heard the appeal and ruled in favor of , awarding him $87.50 for the original debt and interest. In addition, the defendants were ordered to pay court costs and damages of $8.75 “by reason of this appeal having been prosecuted for purposes of delay.” The judgment was paid in full by 3 September 1841.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 
 

1840 (1)

May (1)

11 May 1840

George Miller and JS, Promissory Note, Nauvoo, Hancock Co., IL, to Davidson Hibbard, Nauvoo, Hancock Co., IL

  • 11 May 1840; photocopy at CHL; handwriting of George Miller; signatures of George Miller and JS.
 
Hancock Co., Illinois, Justice of the Peace Court

1840 (3)

November (2)

27 November 1840

Samuel Marshall, Summons, to Any Hancock Co. Constable, for George Miller and JS, Carthage, Hancock Co., IL

  • 27 Nov. 1840; microfilm in Circuit Court Case Files, 1830–1900, CHL; printed form with manuscript additions in handwriting of Samuel Marshall; docket and notations printed with manuscript additions in handwriting of Samuel Marshall; notation printed with manuscript additions in handwriting of Harmon T. Wilson. [3587]
27 November 1840

William D. Abernethy, Bond, Hancock Co., IL

  • 27 Nov. 1840; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Samuel Marshall; signature of William D. Abernethy; docket and notation in handwriting of Samuel Marshall.

December (1)

27 November–5 December 1840

Docket Entry, Carthage, Hancock Co., IL

  • 27 Nov.–5 Dec. 1840. Not extant.
  • 26 Apr. 1841; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Samuel Marshall; docket and notation in handwriting of S. Otho Williams.

1841 (2)

June (1)

25 June 1841

Fieri Facias, Carthage, Hancock Co., IL

September (1)

Ca. September 1841

Fee Bill, Carthage, Hancock Co., IL

  • Ca. Sept. 1841; Hancock County Circuit Court, Fee Book E, p. 157, Hancock County Courthouse, Carthage, IL; handwriting of Matthias Avise.
 
Hancock Co., Illinois, Circuit Court

1840 (5)

December (5)

27 November–5 December 1840

Docket Entry, Copy, Carthage, Hancock Co., IL

  • 26 Apr. 1841; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Samuel Marshall; docket and notation in handwriting of S. Otho Williams.
14 December 1840

Judgment, Carthage, Hancock Co., IL

  • 14 Dec. 1840; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Samuel Marshall; docket in handwriting of Samuel Marshall; notation in handwriting of S. Otho Williams.
21 December 1840

George Miller and Others, Hancock Co., IL, Bond, to Davidson Hibbard, Hancock Co., IL

  • 21 Dec. 1840; microfilm in Circuit Court Case Files, 1830–1900, CHL; printed form with manuscript additions in handwriting of S. Otho Williams; signatures of George Miller, Amos Davis Jr., and Alanson Ripley; docket and notation printed with manuscript additions in handwriting of S. Otho Williams.
21 December 1840

S. Otho Williams, Supersedeas, to Samuel Marshall, Carthage, Hancock Co., IL

  • 21 Dec. 1840; microfilm in Circuit Court Case Files, 1830–1900, CHL; printed form with manuscript additions in handwriting of S. Otho Williams; docket printed with manuscript additions in handwriting of S. Otho Williams; notations printed with manuscript additions in handwriting of William D. Abernethy.
21 December 1840

S. Otho Williams, Summons, to Hancock Co. Sheriff, for Davidson Hibbard, Carthage, Hancock Co., IL

  • 21 Dec. 1840; microfilm in Circuit Court Case Files, 1830–1900, CHL; printed form with manuscript additions in handwriting of S. Otho Williams; docket printed with manuscript additions in handwriting of S. Otho Williams; notations printed with manuscript additions in handwriting of Harmon T. Wilson.

1841 (2)

May (1)

8 May 1841

Docket Entry, Judgment, Carthage, Hancock Co., IL

  • 8 May 1841; Hancock County Circuit Court Record, vol. C, p. 99, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.

September (1)

Between 25 June and ca. 3 September 1841

Docket Entry, Carthage, Hancock Co., IL

  • Between 25 June and ca. 3 Sept. 1841; Hancock County Circuit Court, Execution Docket, vol. A, p. [89], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of S. Otho Williams.
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Related Case Documents
Editorial Title
Introduction to Hibbard for the use of Hungerford & Livingston v. Miller and JS
ID #
17252
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      William S. Hungerford and Richard M. Livingston were “wholesale dealers in drygoods, boots and shoes” in St. Louis. (Keemle, St. Louis Directory, for the Years 1840–1, 28; Dunn, St. Croix, 80.)

      Keemle, Charles. The St. Louis Directory, for the Years 1840–1: Containing the Names of the Inhabitants, Their Occupations, and the Numbers of Their Places of Business and Dwellings; With a Sketch of the City of St. Louis. . . . St. Louis: By the author, 1840.

      Dunn, James Taylor. Marine on St. Croix: From Lumber Village to Summer Haven. Marine on St. Croix, MN: Marine Historical Society, 1968.

    2. [2]

      Promissory Note to Davidson Hibbard, 11 May 1840.

    3. [3]

      An Act concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 402, sec. 1. The $0.81 presumably represented interest. Extant documents do not indicate the common law action employed by Hibbard.

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    4. [4]

      Summons, 27 Nov. 1840 [Hibbard for the use of Hungerford & Livingston v. Miller and JS]; Judgment, 14 Dec. 1840 [Hibbard for the use of Hungerford & Livingston v. Miller and JS].

    5. [5]

      Scammon, Reports of Cases, 2:[xi]–[xii]; Hancock Co., IL, Circuit Court Records, vol. C, p. [1], microfilm 947,496, U.S. and Canada Record Collection, FHL.

      Scammon / Scammon, J. Young. Reports of Cases Argued and Determined in the Supreme Court of the State of Illinois. 4 vols. St. Louis: W. J. Gilbert, 1869–1870.

      U.S. and Canada Record Collection. FHL.

    6. [6]

      Docket Entry, Judgment, 8 May 1841 [Hibbard for the use of Hungerford and Livingston v. Miller and JS]. When a party appealed a case and the appellate court affirmed the judgment of the lower court on all counts, it suggested the appeal either had no merit or was filed so that the defendant could delay the penalty. If the judge felt the appeal “was prosecuted for delay,” he could assess damages not to exceed 10 percent of the amount of the judgment. (An Act concerning Costs [10 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 198, sec. 19.)

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    7. [7]

      Docket Entry, between 25 June and ca. 3 Sept. 1841 [Hibbard for the use of Hungerford & Livingston v. Miller and JS].