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DAVIDSON CO., TENNESSEE

Davidson Co., Tennessee, Superior Court of Law and Equity, Mero District Pleas, 1805 – 1807, Part 1. Author ____

PLEAS AT THE COURT HOUSE IN NASHVILLE BEFORE ...... NOV. TERM 1806

JACKSON & HUTCHINGS vs ROBERT TROUSDALE   

Debt Appeal 

Be it remembered that on the eleventh day of April 1806, an appeal from the County of Sumner was filed in the office of the Clerk of the Superior Court of Law for the District of Mero in the words following: “Pleas at the Court house of Sumner County in the town of Gallatin before Edward Douglass James Sanders Samuel P. Black (P-235) and James Desha, Justices of said County. On the third Monday in March in the year of our lord 1806, thirtieth year of American Independence.  Jackson & Hutchings Pltffs. Vs. Robert Trousdale Deft. Debt. State of Tennessee Sumner county.  To the Sheriff of said County Greeting:  You are hereby commanded to take the body of Robert Trousdale if to be found in your county & him safely keep so that you have him before the Justices of our County Court of pleas and quarter sessions, to be held for said County at the Court House in the Town of Gallatin on the third Monday in March next then and there to answer Andrew Jackson and John Hutchings merchants trading under the firm of Jackson & Hutchings of a plea that he render to them the sum of one hundred and five dollars sixty nine and one fourth cents which to them he owes and from them unjustly detains to their damage fifty dollars.  Herein fail not and have you then there this writ     Witness David Shelby Clerk of our said Court at office the third Monday of December in the 29th year of American Independence Anno Domini 1805.  Issued 25th Feby. 1805, David Shelby C. S. C.  Came to hand the 25th Feby 1805, executed the 26th.  E Crutcher D. S. State of Tennessee Sumner County March Term 1805.  Andrew Jackson and John Hutchings merchants trading under the firm of Jackson & Hutchings complain of Robert Trousdale in custody etc. of a plea that he render to them the sum of one hundred and five dollars sixty nine cents & one fourth which to them he owes and from them he unjustly detains; for this, to wit, on the 19th. Day of June in the year 1804, at the County of Sumner afd. The sd. Now here shewn the date whereof is the same day and year aforesaid, therein the said Robert made his writing obligatory sealed with his seal and to the court now here shewn the date whereof is the same day and year aforesaid, therein the said Robert promised and obligated himself to pay Jackson & Hutchings or their assigns one day after the date of the writing obligatory afd. The sum of one hundred and five dollars sixty nine cents & one fourth for value received.  Nevertheless, the said Robert not regarding his writing obligatory aforesaid has not paid to the Jackson & Hutchings the afd. Sum of one hundred and five dollars sixty nine cents and one fourth one day after the date of the writing obligatory nor at any time since to the damage of the plaintiffs ____ dollars & therefore they sue etc    J.C. Hamilton  Atty. For Pltfs.

 And to which at the term last aforesaid the defendant by Hutchings G. Burton his attorney pleaded “payment & set off,” and thereon the parties, joined issue after which the cause was continued to each succeeding term, until, the term first above mentioned, at which time came the parties by their attorneys and thereupon the defendant relinquishing his pleas above pleaded saith he cannot deny but that everything in the plaintiffs declaration is expressly true.  It is therefore considered by the Court that the plaintiffs recover against the defendant the debt in the declaration mentioned with interest amounting together to one hundred and sixteen dollars seventy five and three fourth cents, and also their costs about their suit in this behalf expended.  From which judgment the defendant prays an appeal to the next Superior Court to be held for the District of Mero, and obtains the same, after filing reasons and entering into bond for prosecuting the same with (P-236) effect in the penal sum of five hundred dollars with James Trousdale and John Orr, securities.  County Court Costs $8.92 ˝

 State of Tennessee Sumner County

I David Shelby Clark of the Court of said County, do hereby certify that the foregoing is a true transcript of the record of the suit Jackson & Hutchings vs. Robert Trousdale with a true bill of the costs of the said suit subjoined.  In testimony whereof I have hereunto subscribed my name affixed the seal of said County this 25th day of March 1806 & thirtieth year of American Independence.  David Shelby

 And the cause was continued in the Superior Court, until this term, to wit, the first above mentioned, at which day came the parties aforesaid by their attorneys, and by consent, it is ordered, by the Court here that the Judgment of the County Court be confirmed & that the said plaintiffs recover against the defendant Robert Trousdale and James Trousdale and John Orr his securities in the appeal one hundred and sixteen dollars, & seventy five and three fourth cents the amount of their judgment in the county Court with twelve and a half per cent interest thereon from the twenty second day of  March 1806, the time judgment passed in the County Court, until this day and also their costs by them about their suit in this behalf expended etc.

 PLEAS AT THE COURT HOUSE IN NASHVILLE BEFORE ETC. NOVEMBER TERM 1806

 WILLIAM BLACK & CO. PLTS. vs.  ROBERT TROUSDALE----DEFT.

 Debt Appeal

 Be it remembered that on the eleventh day of April 1806, an appeal from the County Court of Sumner was filed in the office of the Clerk of the Superior Court of Law for the District of Mero, in the words following, “Pleas at the Court house of Sumner County in the Town of Gallatin before Edward Douglass, James Sanders, & Samuel P. Black justices of said county on the third Monday in March in the year of our lord 1806 & thirtieth year of American Independence.  William Black & Co. Plffs  vs. Robert Trousdale eft.  Debt.  State of Tennessee Sumner County.  For the Sheriff of said County Greeting:  You are hereby commanded to take the body of Robert Trousdale if to be found in your county and him safely keep so that you have him before the Justices of our county Court of pleas & quarter sessions to be held for said County at the Court house in the town of Gallatin on the third Monday in March next, then and there to answer William Black Sampson Williams & James Desha merchants trading under the firm of William Black & Co., of a plea that he render to them the sum of one hundred and forty three dollars, which to them he owes & from them unjustly detains to their damage fifty dollars, herein fail not and have you there this writ.  Witness David Shelby Clerk of our said Court at office the third Monday in December in the 29th year of American Independence  Anno. Domine 1804.  David Shelby  C. S. C.  Issued 25th Feby 1805.

 Came to hand the 25th February 1805 & executed the 26th, E. Crutcher, D. S. (P-237)  State of Tennessee Sumner County March Term 1805.  William Black Sampson Williams & James Desha merchants trading under the firm of William Black & Co. complain of Robert Trousdale in custody etc. of a plea that he render to them the sum of one hundred and forty three dollars which to them he owes and from them unjustly detains for this, to wit, on the 19th day of November in the year 1804, at Sumner afd. The sd. Robert made his writing obligatory sealed with the seal of him and the said Robert, and to the Court now here shewn bearing date the same day and year afd. The sd. Robert made 

 

PLEAS AT THE COURT HOUSE IN NASHVILLE BEFORE ETC. NOVEMBER TERM 1805 

THE STATE  vs.  JAMES W. CLENDENNIN

 Indt. For Grand Larceny

 Be it remembered that heretofore to wit. On Wednesday the thirteenth day of November, this present term, at Nashville in the state of Tennessee and district of Mero, by the oath of twelve jurors honest and lawfull men of the state and district aforesaid then and there being sworn and charged to enquire for the body of the said district it was presented that James Clendennen,, alias James W. Clendennen late of the county of Williamson in the district aforesaid, labourer, on the second day of August in the year one thousand eight hundred and five with force and arms in the said county of Williamson within the district aforesaid forty Spanish mill (ed) dollars of the value of forty dollars current money of the United States, of the goods and chattels of one Thomas H. Benton then and there being found did feloniously steal take and carry away, against the peace and dignity of the state of Tennessee.   JENKEN WHITESIDE  Atty. General

And the said James W. Clendennen was led to the bar in custody of the Sheriff of Davidson county and thereupon being charged pleaded not guilty to the indictment and for his trial put himself upon his country.  Whereupon came a jury of good and lawful men, to wit, William Johnston, _ones Reid, Jonathan Downey, Willie Barrow, William Haggard, John White, Edward Sanders, William Matlock, Nicholas Raymond, Clement Hall. (P-58)  James Taylor and Edward Gwinn who being elected tried & sworn to the truth of and upon the premises to speak and having tried the evidence on their oath do say that the said James W. Clendennen is not guilty of the larceny foresaid in manner and form as in the indictment against him is charged as in pleading he hath alleged; therefore it is considered by the court the said James W. Clendennen be acquitted and discharged.  See Page 26

 

 

 

 

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