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

Hibbard for the use of Hungerford & Livingston v. Miller and JS
Carthage, 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.
 
Hibbard for the use of Hungerford & Livingston v. Miller and JS
Carthage, 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.
 
Carthage, 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.
 
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.