John Cain, plaintiff ----- vs. ----- Henry Stall, defendent et.al.
Judg't against defendent-- Amt of Judg't $67.65 --- Date, Sept 17, 1849
App. Doc. -- Vol 17, page 1849
Journal --Vol H page 225
Ex. Doc. -- Vol C page 244
Complete Record -- Vol F. page 300
When satisfied -- April 13, 1852
Scene facias to charge lands. The State of Ohio, Perry County. Pleas at the courthouse in Somerset in said county on the 17th day of September 1849 before the Honorable Richard Stillwell, President Judge of the fourth Judicial Circuit in Ohio and Patrick McDonald, Joseph G. Wiseman and George Kishler associate judges of the court of common pleas in and for said county. Be it remembered that heretofore to wit on the 8th day of May 1849 the plantiff by his attorney filed in the clerks office of the Court aforesaid a transcript from the docket of James Johnson a justice of the peace in and for said county which reads in words and figures following to wit.
Transcript. John Cain vs. Henry Stall. Suit brought this April 1848 on note of hand which reads as follows. One day after date I promised to pay Adam Fink or order fifty eight dollars and eighty two cents for value received. March 18, 1847 Henry Stall. ? June 7, 1848 I guarantee the within collectible. Adam Fink.
The deft Henry Stall waived ? and service of process and all errors and confessed judgement on the note as above copied. It is therupon considered by me that the Pltf. recover of said deft. the sum of fifty nine dollars and thirty four cents debt and costs of said suit and all interest and costs that may accrue thereon by confession. Judgt rendered this 8 April 1848. James Johnson JP.
In the action of John Cain vs. Henry Stall as above stated, I, Holmes Stall acknowledges myself bail for the stay of execution in the conditions following- If the said Henry Stall shall fail to neglect to pay the above debt of fifty nine dollars and thirty four cents and all interest and costs as stated the same to be levied of my goods and chattels lands and tenements and payment to be made in full--. Holmes Stall.
John Cain vs. Henry Stall, Holmes Stall. Transcript filed 8 May 1849. Scene facias to Charge Land 8 Sept 1849. Execution awarded against deft lands 17 Sept 1849. Journal K, page 77 for 67.65 Judg't costs before Justice and interest to 17 Sept 1849. Record book F. page 300. From Supreme Court: Debt 64.34; damage 3.48; sheriff .86; clerk, 4.75; ?? 1.00; com. pleas 4.11; clerk B entry .50
Monday Sept 17, 1849 page 77 -- John Cain vs. Henry Stalles --- On Scene facias to charge land. This day came the plaintiff by his attorney and the said defendant thereby solemnly called came not but made default whereup it is considered by the court that execution issue against the lands and tenements of the said defendent to satisfy a judgement rendered against him in favor of the plaintiff by James Johnson a Justice of the Peace in and for the county aforesaid. and cost of suit and also his costs herein expended taxed at $.
April 13, 1852 Received from E. Spencer on assignment of 81.$ of his fees in the case of Adams et al vs. ? et all in Chancery in full of the judgement and interest in this case to A. Fink. J.P. Maginnis, Attorney for Fink. April 13, 1852 For value received ? the above judgement to A. Fink without recours. John Cain.
John Cain vs. Jesse M. Morris -- Spring Term A.D. 1846
Perry Co, Ohio
Trespass --- Damages $1000
Summons - 9th March 1846 -------- Served on the defendant by copy March 7, 1846. J. Wosley, Sheriff
Declaration filed April 8/46 -------------- Plea filed August 1st/ 46.
Settled at the costs of Plaintiff -- March Term 1847
Witness fees-- pltf. 105.75 ------------ deft. 27.00
Sheriffs fees-- pltf. 14.50 --------------deft. 3.60
Clerks fees-- pltf 7.00 -----------------deft. 2.75 1/2
Total 127.25 for pltf. -------- 32.35 1/2 for deft.
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