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Lincoln Log Search Browse Calendar This Day  |
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-02'>Saturday, January 2,
1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p> In the U.S.
Circuit Court, Lincoln files a declaration in the case of
<name type='case' key='L02143'>Emmitt v. Barret</name>. Lincoln & Herndon
represent the plaintiff James Emmitt, who is suing James A. Barret for $8,000
in damages. Emmitt seeks the damages as a result of Barret's failure to repay a
$4,816.66 promissory note. <bibl default='NO'>Declaration, filed 2 January 1858,
<ital>Emmitt v. Barret</ital>, Record Group 21, case file 279, U.S. Circuit
Court, Southern District of Illinois, National Archives and Records
Administration, Great Lakes Region, Chicago, IL.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-04'>Monday, January 4, 1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p>Lincoln participates in at least
seventeen cases in the U.S. Circuit Court. In fourteen of the cases, Lincoln
& Herndon represent the Missouri-based firm of S. C. Davis & Company,
which is suing to recover money owed to it by various individuals and firms.
The case of <name type='case' key='L02267'>S.C. Davis & Co. v. J.W. &
J.R. Allen</name> is representative of the action that Lincoln & Herndon
take this day in ten of the suits. Lincoln & Herndon ask the Court to order
the defendants to "plead...by Wednesday Morning next," and Judge Samuel H.
Treat grants the requests. Three other S.C. Davis & Company cases are
chancery cases involving the foreclosure of mortgages, where the borrowers used
land to secure the promissory notes they gave to the company. The case of
<name type='case' key='L02268'>S.C. Davis & Co. v. Campbell &
Hundley</name> is representative of the action taken in these three cases.
Lincoln & Herndon ask the Court to order the defendant(s) to "answer...by
Wednesday morning next," and Judge Treat grants the requests. Lincoln also
participates in three other cases not related to the S.C. Davis & Company.
In the debt case of <name type='case' key='L02116'>Bank of Commerce v. Emporium
Real Estate & Manufacturing Co.</name>, Lincoln & Herndon, representing
the plaintiff, ask the Court to order the defendant to "plead...by Wednesday
Morning next." In the case of <name type='case' key='L02164'>Lawrence v.
Coler</name>, Lincoln & Herndon represent plaintiff Hoel K. Lawrence of
Wisconsin in a suit involving a bill of exchange. Lincoln & Herndon ask the
Court to order defendant William N. Coler to "plead...by Wednesday Morning
next." Judge Treat grants the request. In the case of
<name type='case' key='L02145'>Gale v. Morgan County Bank</name>, Lincoln and
Stephen T. Logan defend the financial institution. Plaintiff Dewitt C. Gale is
suing the bank for failing to credit his account for two drafts, totaling
$4,000, that he submitted for payment. Both parties agree to a January 13 trial
date. <bibl default='NO'>Declaration, filed 9 December 1857, <title>S.C. Davis & Co. v.
J.W. & J.R. Allen</title>, Record Group 21, case file 231; Order 4 January
1858, <title>S.C. Davis & Co. v. J.W. & J.R. Allen</title>, Record
Group 21, General Records, Vol. 1, 180; Bill to Foreclose Mortgage, filed 8
December 1857, <title>S.C. Davis & Co. v. Campbell & Hundley</title>,
Record Group 21, case file 245; Decree, 4 January 1858, <title>S.C. Davis &
Co. v. Campbell & Hundley</title>, Record Group 21, Chancery Record, Vol.,
39; Order, 4 January 1858, <title>Bank of Commerce v. Emporium Real Estate
& Manufacturing Co.</title>, Record Group 21, General Records, Vol. 1, 179;
Order, 4 January 1858, <title>Lawrence v. Coler</title>, Record Group 21,
General Records, Vol. 1, 181; Deposition of Charles S. Watrons, 5 December
1857, <title>Gale v. Morgan County Bank</title>, Record Group 21, case file
142; Order, 4 January 1858, <title>Gale v. Morgan County Bank</title>, Record
Group 21, General Records, Vol. 1, 188, all in U.S. Circuit Court, Southern
District of Illinois, National Archives and Records Administration, Great Lakes
Region, Chicago, IL.</bibl>
</p>
<p> In the name of Lincoln & Herndon,
Lincoln signs an order promising to pay G. W. Hawes & Co. $2 on receipt of
a copy of the State "Gazetteer of Illinois" for the years 1858 and 1859.
<bibl default='NO'>Private Collection.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-05'>Tuesday, January 5, 1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p>Lincoln writes to Robert A.
Kinzie of Chicago regarding the U.S. Circuit Court case of
<name type='case' key='L02337'>Johnston v. Jones and Marsh</name>, a case more
familiarly known as the "Sandbar Case." Plaintiff William S. Johnston is suing
William Jones and Sylvester Marsh in a dispute over property rights involving
Chicago's lakeshore. The dispute came about as a result of action that the
federal government took in 1833 in an attempt to straighten the Chicago River's
course. The government cut a channel across the litigants' lots, an action
which resulted in sand washing up along the shoreline and over time creating
new land nearly 1,200 fee wide. Prior to Lincoln's involvement in the case as
one of the attorneys for defendant William Jones, the case had been heard in
the U.S. Circuit Court, where the Court ruled in favor of the plaintiff. Jones
appealed to the U.S. Supreme Court, which reversed the lower Court's decision.
In his letter to Kinzie, Lincoln explains that he has "been engaged, as an
attorney on Jones' side." Lincoln seeks some background information from
Kinzie, who had once owned the disputed property and who had "laid out the
addition" now in question. Lincoln writes, "I suppose you are aware that
Johnson and Jones are at law about a portion of the made land attached to your
addition to Chicago & and on the North side of the Harbor... and if you
have no objection to do so, I shall be obliged if you will answer the following
questions." <bibl default='NO'>U.S. Circuit Court, District of Illinois Transcript, filed 4
December 1854, <title>Jones v. Marsh & Johnston</title>, Record Group 267,
REC1, case file 3201, National Archives and Records Administration, Washington,
DC;
<xref from='ROOT' url='http://www.hti.umich.edu/cgi/t/text/text-idx?c=lincoln;rgn=div1;view=text;idno=lincoln2;node=lincoln2%3A469' targOrder='U' to='DITTO'>Abraham
Lincoln to Robert A. Kinzie</xref>, 5 January 1858,
<title corresp='books_Basler2'>CW</title>, 2:430-31.</bibl>
</p>
<p>In the
Illinois Supreme Court, Lincoln files an assignment of errors in the appeal
case of <name type='case' key='L04005'>McDaniel et al. v. Correll et al.</name>
Lincoln wrote the document and signed it "Conkling & Lincoln &
Herndon." Lincoln & Herndon and attorney James C. Conkling represent the
appellants who seek to overturn the decision of the Sangamon County Circuit
Court. The lower court ruled in favor of the appellees in a dispute among the
heirs of William McDaniel.<bibl default='NO'>Assignment of Errors, filed 5 January 1858,
<title>McDaniel et al. v. Correll et al.</title>, Herndon-Weik Collection,
Library of Congress, Washington, DC.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-06'>Wednesday, January 6,
1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p>In the U.S. Circuit
Court, defendant Lewis W. Young confesses judgment before Judge Samuel H. Treat
in the case of <name type='case' key='L02214'>Taylor & Davis v.
Young</name>. Lincoln and Thomas G. C. Davis represent Young whose confession
is based on an agreement that the parties file with the court. Young agrees to
"confess judgment in the action for one cent damages and costs of [the] suit."
Plaintiffs Charles Davis and Thomas S. Taylor had sought $5,000 in damages from
Young. Davis and Thomas, who are trustees of some city property in Cairo,
Illinois, claim that Young had damaged the property. In the case of
<name type='case' key='L02267'>S. C. Davis & Co. v. J. W. & J. R.
Allen</name>, another suit in the U.S. Circuit Court, William H. Underwood, the
attorney for the defendants, files a plea. Lincoln, one of the attorneys for
the plaintiffs, files a joinder on the plea and signs it "Lincoln &
Herndon." S. C. Davis & Company is suing the firm of J. W. & J. R.
Allen for $3,000 in damages for the firm's failure to pay on a promissory note.
<bibl default='NO'>Order, 6 January 1858, <title>Taylor & Davis v. Young</title>, Record
Group 21, General Records, Vol. 1, 220; Judgment, 6 January 1858, <title>Taylor
& Davis v. Young</title>, Record Group 21, Judgment Docket, Vol. 1, fol.
10; Agreement, filed 6 January 1858, <title>Taylor & Davis v.
Young</title>, Record Group 21, case file 82; Declaration, filed 5 January
1857, <title>Taylor & Davis v. Young</title>, Record Group 21, case file
82; Plea, filed 6 January 1858, <title>S. C. Davis & Co. v. J. W. & J.
R. Allen</title>, Record Group 21, case file 231; Declaration, filed 9 December
1857, <title>S. C. Davis & Co. v. J. W. & J. R. Allen</title>, Record
Group 21, case file 231, all in U.S. Circuit Court, Southern District of
Illinois, National Archives and Records Administration, Great Lakes Region,
Chicago, IL.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-07'>Thursday, January 7, 1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p> William H. Herndon, Lincoln's law partner, writes an assignment of errors in the appeal to
the Illinois Supreme Court of the case of <name type='case' key='L02798'>Brundage v.
Camp</name>, involving the sale of two mules. Herndon signs the document and he also signs for
Lincoln. The two attorneys represent James A. Brundage in the case that had originated in the
Sangamon County Circuit Court. The lower court ruled against Brundage, who then appealed to the
Illinois Supreme Court. <bibl default='NO'>Assignment of Errors, 7 January 1858, <ital>Brundage v.
Camp</ital>, Herndon-Weik Collection, Library of Congress, Washington, DC.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-08'>Friday, January 8, 1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p> In the U.S. Circuit Court,
Lincoln & Herndon represent the Missouri-based S.C. Davis & Company in
seven cases. The company is suing to recover money owed to it by various
individuals and firms in Illinois. The case of <name type='case' key='L02274'>S.C. Davis & Co. v. Lowry & Randle</name> is representative
of the court proceedings that take place this day in all seven cases. In each
case, Judge Samuel H. Treat declares the defendant(s) in default for failure to
come before the court after "being three times solemnly called." Lincoln &
Herndon request that the Clerk "assess the damages" in each of the cases. The
Clerk assesses the damages, and Judge Treat orders the defendant(s) to pay the
damages ranging from the lowest award of $699.60 to the highest award of
$5,372.48. In each case, the Court also orders the defendant(s) to pay the
court costs. Lincoln & Herndon make one additional request of the Court in
one of the S.C. Davis & Company cases. In the case of
<name type='case' key='L02255'>S.C. Davis & Co. v. Sanders</name>, they ask
the Court to stay the execution of the judgment "for thirty days." In the debt
case of <name type='case' key='L02116'>Bank of Commerce v. Emporium Real Estate
& Manufacturing Co.</name>, Lincoln & Herndon represent the bank, which
is located in Nashville, Tennessee. The defendants fail to appear before the
Court, and Judge Treat declares them in default. Lincoln & Herndon request
that the Clerk "assess the damages." The Clerk assesses the damages, and the
Court orders the defendants to pay $6,922.13 in damages and the court costs. In
the case of <name type='case' key='L02297'>Hedrick v. Merry & Thomas W.
Smith & Co.</name>, Lincoln & Herndon represent plaintiff John Hedrick,
of Ohio, who is suing Merry & Thomas W. Smith & Company "in a plea of
Covenant broken." Hedrick asserts that the defendants failed to comply with the
terms of a contract they entered into with Hedrick to deliver "four hundred
head of steer cattle." Hedrick is suing for $10,000 in damages. On this day,
the parties file an agreement to dismiss the suit. <bibl default='NO'>Order, 8 January 1858,
<title>S.C. Davis & Co. v. Lowry & Randle</title>, Record Group 21,
General Records, Vol. 1, 231; Order, 8 January 1858, <title>S.C. Davis &
Co. v. Sanders</title>, Record Group 21, General Records, Vol. 1, 230; Order, 8
January 1858, <title>S.C. Davis & Co. v. Sanders</title>, Record Group 21,
General Records, Vol. 1, 229; Order, 8 January 1858, <title>S.C. Davis &
Co. v. Warner</title>, Record Group 21, General Records, Vo1. 1, 232; Order, 8
January 1858, <title>S.C. Davis & Co. v. Watkins</title>, Record Group 21,
General Records, Vol. 1, 230; Order, 8 January 1858, <title>S.C. Davis &
Co. v. Wilborn</title>, Record Group 21, General Records, Vol. 1, 232; Order, 8
January 1858, <title>S.C. Davis & Co. v. Williams & Hillabrant</title>,
Record Group 21, General Records, Vol. 1, 231; Promissory Note, 1 July 1857,
<title>Bank of Commerce v. Emporium Real Estate & Manufacturing
Co.</title>, Record Group 21, case file 196; Order, 8 January 1858, <title>Bank
of Commerce v. Emporium Real Estate & Manufacturing Co.</title>, Record
Group 21, General Records, Vol. 1, 229; Narratio and Praecipe, filed 6 October
1857, <title>Hedrick v. Merry & Thomas W. Smith & Co.</title>, Record
Group 21, case file 184; Agreement to Dismiss, filed 8 January 1858,
<title>Hedrick v. Merry & Thomas W. Smith & Co.</title>, Record Group
21, case file 184, all in U.S. Circuit Court, Southern District of Illinois,
National Archives and Records Administration, Great Lakes Region, Chicago,
IL.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-09'>Saturday, January 9,
1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p> In the U. S.
Circuit Court, Judge Samuel H. Treat rules on a motion made by Lincoln &
Herndon in the case of <name type='case' key='L02270'>S. C. Davis & Co. v.
Gibson</name>. Lincoln & Herndon represent the plaintiffs who are
attempting to foreclose on the mortgage of defendant Calvin M. Gibson. Gibson
used the mortgage as security for an unpaid promissory note he had given to the
plaintiffs. <bibl default='NO'>Order, 9 January 1858, <title>S. C. Davis & Co. v.
Gibson</title>, Record Group 21, Chancery Record, Vol., 44; Bill to Foreclose
Mortgage, filed 8 December 1857, <title>S. C. Davis & Co. v.
Gibson</title>, Record Group 21, case file 243, both in U.S. Circuit Court,
Southern District of Illinois, National Archives and Records Administration,
Great Lakes Region, Chicago, IL.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-11'>Monday, January 11, 1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p> In the Illinois Supreme Court,
Lincoln & Herndon and Joshua P. Cooper represent the plaintiffs in the
appeal case of <name type='case' key='L02494'>Stark et al. v. Kester</name>, a
suit involving the partition of some land. The attorneys file a writ of error,
and Herndon asks the Court "for leave to file additional errors herein." The
Court grants the request. <bibl default='NO'>Writ of Error , filed 11 January 1858,
<title>Stark et al. v. Kester</title>, Illinois Supreme Court, case file 2598;
Order, 11 January 1858, <title>Stark et al. v. Kester</title>, Illinois Supreme
Court, Journal Record SC 2nd GD, 117, both in Illinois State Archives,
Springfield, IL.</bibl>
</p>
<p> In the U.S. Circuit Court, Lincoln &
Herndon file a demurrer for plaintiff James Emmitt in the case of
<name type='case' key='L02143'>Emmitt v. Barret</name>. Emmitt is suing James
A. Barret for $8,000 in damages in a dispute concerning a promissory note.
<name type='case' key='L02124'>Collett v. Armour</name>, in which Lincoln &
Herndon appear for defendant, is settled by agreement. <bibl default='NO'>Demurrer, filed 11
January 1858, <title>Emmitt v. Barret</title>; Declaration, filed 2 January
1858, <title>Emmitt v. Barret</title>, both in Record Group 21, case file 279,
National Archives and Records Administration, Great Lakes Region, Chicago,
IL.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-12'>Tuesday, January 12,
1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p>Lincoln
participates in several cases in the U. S. Circuit Court. In the case of
<name type='case' key='L02143'>Emmitt v. Barret</name>, Lincoln & Herndon
represent plaintiff James Emmitt. Judge Samuel H. Treat hears the attorneys'
arguments regarding Emmitt's demurrer to defendant James A. Barret's plea.
Emmitt is suing Barret for failure to repay a promissory note. Lincoln and
Norman H. Purple represent plaintiff Lloyd Powell in two cases,
<name type='case' key='L02196'>Powell v. Kern</name> and
<name type='case' key='L02195'>Powell v. Ament & Beer</name>, both
involving a dispute over some land located in Adams County. Lincoln and Purple
file a declaration and a notice in each case, and Lincoln signs documents
naming himself as a surety in the cases. Lincoln and Purple ask the court to
order the defendants in both cases to "plead...in twenty days, or...his default
be entered." Judge Treat grants the requests. In the case of
<name type='case' key='L02277'>S. C. Davis & Co. v. Miller</name>, Lincoln
& Herndon represent the plaintiff company, which is suing John B. Miller to
recover the money Miller owes on an unpaid promissory note. Miller fails to
appear in court, and Judge Treat declares Miller in default. Judge Treat orders
the court clerk to assess the damages in the case and then orders Miller to pay
that amount, $1,635.97, to the company. <bibl default='NO'>Order, 12 January 1858,
<title>Emmitt v. Barret</title>, Record Group 21, General Records, Vol. 1, 244;
Declaration, filed 2 January 1858, <title>Emmitt v. Barret</title>, Record
Group 21, case file 279; Declaration, Notice, filed 12 January 1858,
<title>Powell v. Kern</title>, Record Group 21, case file 311; Declaration,
Notice, filed 12 January 1858, <title>Powell v. Ament & Beer</title>,
Record Group 21, case file 723; Clerk's Docket, 12 January 1858, <title>Powell
v. Kern</title>, Record Group 21, [Clerk's] General Docket, Vol. 1, fol. 63;
Clerk's Docket, 12 January 1858, <title>Powell v. Ament & Beer</title>,
Record Group 21, [Clerk's] General Docket, Vol. 1, fol. 63, all in U. S.
Circuit Court, Southern District of Illinois, all in National Archives and
Records Administration, Great Lakes Region, Chicago, IL; Bond for Costs, 12
January 1858, <title>Powell v. Kern</title>, Lincoln Memorial University,
Abraham Lincoln Library and Museum, Harrogate, TN; Bond for Costs, 12 January
1858, <title>Powell v. Ament & Beer</title>, Record Group 21, case file
723; Order, 12 January 1858, <title>Powell v. Kern</title>, Record Group 21,
General Records, Vol. 1, 245; Order, 12 January 1858, <title>Powell v. Ament
& Beer</title>, Record Group 21, General Records, Vol. 1, 245; Assessment,
[12 January 1858], <title>S. C. Davis & Co. v. Miller</title>, Record Group
21, case file 255; Order, 12 January 1858, <title>S. C. Davis & Co. v.
Miller</title>, Record Group 21, General Records, Vol. 1, 246; Judgment Docket,
12 January 1858, <title>S. C. Davis & Co. v. Miller</title>, Record Group
21, Judgment Docket, Vol. 1, fol. 18, all in U. S. Circuit Court, Southern
District of Illinois, National Archives and Records Administration, Great Lakes
Region, Chicago, IL.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-13'>Wednesday, January
13, 1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p> In the
Illinois Supreme Court, William H. Herndon, Lincoln's law partner, argues the
appeal case of <name type='case' key='L00411'>People v. Witt et al.</name>
Lincoln & Herndon represent the defendants in the debt case which
originated in the Schuyler County Circuit Court. The Supreme Court will
eventually reverse the lower Court's decision and remand the case back to the
Schuyler County Circuit Court. <bibl default='NO'>Order, 13 January 1858, <title>People v.
Witt et al.</title>, Opinion Record SC 2nd GD 1861-1864 [CGD], 124, Illinois
Supreme Court, Illinois State Archives, Springfield, IL; <title>People v. Witt
et al.</title>19 Ill. (1857) 169-71.</bibl>
</p>
<p>In the U.S. Circuit Court,
Judge Samuel H. Treat impanels a jury to hear the case of
<name type='case' key='L02145'>Gale v. Morgan County Bank</name>. Lincoln and
Stephen T. Logan represent the bank, which plaintiff Dewitt C. Gale is suing
for its failure to credit his account properly with some deposits. The trial
proceeds "to the hour of adjournment," and the Court orders that "the further
trial be continued until tomorrow morning." <bibl default='NO'>Narratio, filed 30 May 1857,
<title>Gale v. Morgan County Bank</title>, Record Group 21, case file 142;
Order, 13 January 1858, <title>Gale v. Morgan County Bank</title>, Record Group
21, General Records, Vol. 1, 247, both in U.S. Circuit Court, Southern District
of Illinois, National Archives and Records Administration, Great Lakes Region,
Chicago, IL.</bibl>
</p>
<p> Lincoln writes to attorneys Usher F. Linder and
Henry P.H. Bromwell, of Charleston, Illinois, regarding the U.S. Circuit Court
case of <name type='case' key='L02090'>Shepard v. Walker</name>. In preparation
for the suit, Linder and Bromwell had written to Lincoln and included with the
letter a document that they asked Lincoln to look over and then file with the
court. Linder and Bromwell admitted to Lincoln that they were "not familiar
with the practice in that Court." The attorneys asked Lincoln to make any
needed corrections to the document. Lincoln responds that he "made some little
corrections in the declaration and commenced the suit." He informs Linder and
Bromwell that the court will not hear the case until the "June Term—it
could not be earlier." Lincoln also includes with his letter additional
documents that the court requires with instructions on how to complete them.
<bibl default='NO'>
<xref from='ROOT' url='http://www.hti.umich.edu/cgi/t/text/text-idx?c=lincoln;rgn=div1;view=text;idno=lincoln2;node=lincoln2%3A470' targOrder='U' to='DITTO'>Abraham
Lincoln to Usher F. Linder and Henry P. H. Bromwell</xref>, 13 January 1858,
<title corresp='books_Basler2'>CW</title>, 2:431; Henry P.H. Bromwell and Usher
F. Linder to Abraham Lincoln, 11 January 1858, <title>Shepard v.
Walker</title>, Record Group 21, case file 313, U.S. Circuit Court, Southern
District of Illinois, National Archives and Records Administration, Great Lakes
Region, Chicago, IL.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-14'>Thursday, January 14,
1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p>In the U. S.
Circuit Court, Judge Samuel H. Treat swears in a jury to hear the case of
<name type='case' key='L02145'>Gale v. Morgan County Bank</name>. Logan &
Lincoln represent the Morgan County Bank, which plaintiff Dewitt C. Gale is
suing for $10,000 in damages. Gale made deposits totaling $4,000, and he claims
that the bank failed to credit his account. The trial lasts until Judge Treat
adjourns the session for the day, and he orders that the "trial be continued
until tomorrow morning at 9 o'clock." <bibl default='NO'>Order, 14 January 1858, <ital>Gale
v. Morgan County Bank</ital>, Record Group 21, General Records, Vol. 1, 249;
Narratio, filed 30 May 1857, <ital>Gale v. Morgan County Bank</ital>, Record
Group 21, case file 142; Affidavit of Henry R. Read, 10 June 1857, <title>Gale
v. Morgan County Bank</title>, Record Group 21, case file 142, all in U.S.
Circuit Court, Southern District of Illinois, National Archives and Records
Administration, Great Lakes Region, Chicago, IL.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-15'>Friday, January 15, 1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p>Lincoln participates in four
cases in the U.S. Circuit Court. In the case of <name type='case' key='L02276'>S.C. Davis & Co. v. Mace</name>, Lincoln & Herndon ask the
Court to allow them to withdraw a promissory note that they had previously
filed for the plaintiff, and Judge Samuel H. Treat grants the request. Lincoln
and Norman H. Purple represent plaintiff Lloyd Powell in two ejectment suits.
In the case of <name type='case' key='L02196'>Powell v. Kern</name>, the
attorneys for both parties agree to ask the Court to withdraw an earlier
request "to vacate the rule to plead." The attorneys for both parties make the
same request of the Court in the case of <name type='case' key='L02195'>Powell
v. Ament & Beer</name>, and they file the agreement with the Court. In the
case of <name type='case' key='L02145'>Gale v. Morgan County Bank</name>, Logan
& Lincoln represent the bank, which plaintiff Dewitt C. Gale is suing for
$10,000 in damages. Gale made deposits totaling $4,000, and he claims that the
bank failed to credit his account. After occupying "the time of the Court until
the hour of adjournment," Judge Treat orders the trial, in its third day,
continued until the next morning. <bibl default='NO'>Order, 15 January 1858, <title>S.C.
Davis & Co. v. Mace</title>, Record Group 21, General Records, Vol. 1, 250;
Declaration, filed 9 December 1857, <title>S.C. Davis & Co. v.
Mace</title>, Record Group 21, case file 236; Order, 15 January 1858,
<title>Powell v. Kern</title>; Order, 15 January 1858, <title>Powell v. Ament
& Beer</title>, both in Record Group 21, General Records, Vol. 1, 250;
Demurrer, Agreement, 15 January 1858, <title>Powell v. Ament &
Beer</title>, Record Group 21, case file 723; Affidavit of Henry R. Read, 10
June 1857, <title>Gale v. Morgan County Bank</title>, Record Group 21, case
file 142; Order, 15 January 1858, <title>Gale v. Morgan County Bank</title>,
Record Group 21, General Records, Vol. 1, 251; Order, 13 January 1858,
<title>Gale v. Morgan County Bank</title>, Record Group 21, General Records,
Vol. 1, 247; Order, 14 January 1858, <title>Gale v. Morgan County Bank</title>,
Record Group 21, General Records, Vol. 1, 249, all in U.S. Circuit Court,
Southern District of Illinois, National Archives and Records Administration,
Great Lakes Region, Chicago, IL.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-16'>Saturday, January 16,
1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p>In the U. S.
Circuit Court, Lincoln and Stephen T. Logan represent the Morgan County Bank in
the case of <name type='case' key='L02145'>Gale v. Morgan County Bank</name>.
Plaintiff Dewitt C. Gale is suing the bank for $10,000 in damages. Gale made
deposits totaling $4,000, and he claims that the bank failed to credit his
account. Judge Samuel H. Treat swears in a jury who listens to the evidence and
the testimony. The jury decides in favor of the bank, and the Court orders the
plaintiff to pay the court costs. <bibl default='NO'>Narratio, filed 30 May 1857,
<title>Gale v. Morgan County Bank</title>, Record Group 21, case file 142;
Affidavit of Henry R. Read, 10 June 1857, <title>Gale v. Morgan County
Bank</title>, Record Group 21, case file 142; Jury Verdict, filed 16 January
1858, <title>Gale v. Morgan County Bank</title>, Record Group 21, case file
142; Order, 16 January 1858, <title>Gale v. Morgan County Bank</title>, Record
Group 21, General Records, Vol. 1, 253; Judgment Docket, 16 January 1858,
<title>Gale v. Morgan County Bank</title>, Record Group 21, Judgment Docket,
Vol. 1, fol. 19, all in U. S. Circuit Court, Southern District of Illinois,
National Archives and Records Administration, Great Lakes Region, Chicago,
IL.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-18'>Monday, January 18, 1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p>In the U. S. Circuit Court,
Lincoln is one of the attorneys representing plaintiff James Emmitt in the case
of <name type='case' key='L02143'>Emmitt v. Barret</name>. Judge Samuel H.
Treat sustains Emmitt's demurrer to defendant James A. Barret's plea. The
attorneys for both parties had argued the merits of Emmitt's demurrer when they
previously met in court on January 12, 1858. Emmitt is suing Barret for $8,000
in damages for Barret's failure to repay a $4,816.66 promissory note.
<bibl default='NO'>Order, 18 January 1858, <title>Emmitt v. Barret</title>, Record Group 21,
General Records, Vol. 1, 256; Order, 12 January 1858, <title>Emmitt v.
Barret</title>, Record Group 21, General Records, Vol. 1, 244; Declaration,
filed 2 January 1858, <title>Emmitt v. Barret</title>, Record Group 21, case
file 279, all in U.S. Circuit Court, Southern District of Illinois, National
Archives and Records Administration, Great Lakes Region, Chicago, IL.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' org='uniform'>
<dateline>
<date value='1858-01-19'>Tuesday, January 19, 1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield,
IL</place>. </dateline>
<p> Lincoln writes Joseph Gillespie to "come right up"
about embarrassing case in Supreme Court—<name type='case' key='L04112'>People ex rel. Lanphier & Walker v. Hatch</name>. Case involved
reapportionment act passed in 1857. Gov. Bissell had signed it inadvertently,
then crossed off his name. Democrats bring suit to compel secretary of state to
certify act. Case involves politics and Lincoln's senatorial ambitions, for
reapportionment changed districts to Republican disadvantage. Lincoln also
telegraphs George T. Brown, Alton Republican, to send Gillespie "at once. Don't
fail[.]" <bibl default='NO'>
<xref from='ROOT' url='http://www.hti.umich.edu/cgi/t/text/text-idx?c=lincoln;rgn=div1;view=text;idno=lincoln2;node=lincoln2%3A471' targOrder='U' to='DITTO'>Abraham
Lincoln to Joseph Gillespie</xref>, 19 January 1858,
<title corresp='books_Basler2'>CW</title>, 2:432;
<xref from='ROOT' url='http://www.hti.umich.edu/cgi/t/text/text-idx?c=lincoln;rgn=div1;view=text;idno=lincoln2;node=lincoln2%3A472' targOrder='U' to='DITTO'>Abraham
Lincoln to George T. Brown</xref>, 19 January 1858,
<title corresp='books_Basler2'>CW</title>, 2:432; 19 Ill. 283.</bibl>
</p>
<p>
Lincoln & Herndon file bill in chancery in Sangamon Circuit Court in
<name type='case' key='L03227'>Doup v. Gibson et al.</name>
<bibl default='NO'>Photocopy.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-22'>Friday, January 22, 1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p>In the U. S. District Court,
Lincoln files an affidavit for Louis Reinbach, his client in the case of
<name type='case' key='L02282'>United States v. Reinbach</name>. Lincoln
defends Reinbach against the charge that he stole from the mail while employed
at the Franklin, Illinois, post office in Morgan County. <bibl default='NO'>Affidavit of
Louis Reinbach, filed 22 January 1858, <ital>United States v. Reinbach</ital>,
IHi, Springfield, IL; John T. Richards, <title>Abraham Lincoln: The
Lawyer-Statesman</title> (Boston: Houghton Mifflin, 1916), following
204.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-25'>Monday, January 25, 1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p> In the U.S. Circuit Court,
Lincoln & Herndon represent plaintiff Hoel K. Lawrence, a resident of
Wisconsin, in the case of <name type='case' key='L02164'>Lawrence v.
Coler</name>. In response to an earlier assertion by defendant William N.
Coler, Lincoln & Herndon acknowledge that they have incorrectly stated the
plaintiff's first name in the declaration and in the praecipe they filed with
the Court on December 18, 1857. Lincoln & Herndon ask the Court's
permission to "amend the Declaration and Writ in this cause," and Judge Samuel
H. Treat grants their request. Lawrence is suing Coler to receive $2,900 for a
bill of exchange that Coler gave to him. Lawrence also seeks $2,000 in damages. <bibl default='NO'>Complete Record, 10 February 1858, <title>Lawrence v.
Coler</title>, Record Group 21, Complete Law Record, Vol. 2, 114-121; Order, 25
January 1858, <title>Lawrence v. Coler</title>, Record Group 21, General
Records, Vol. 1, 271; Declaration, Praecipe, filed 18 December 1857,
<title>Lawrence v. Coler</title>, Record Group 21, case file 272, all in U.S.
Circuit Court, Southern District of Illinois, National Archives and Records
Administration, Great Lakes Region, Chicago, IL.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-26'>Tuesday, January 26,
1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p> In the Illinois
Supreme Court, Lincoln, Jackson Grimshaw, and Orville Hickman Browning file an
answer for defendant and Illinois Secretary of State Ozias M. Hatch in the case
of <name type='case' key='L04112'>People ex rel. Lanphier & Walker v.
Hatch</name>. In 1857, the Illinois General Assembly passed a bill to create
senatorial and representative districts and to apportion the representation to
the General Assembly. Republican Governor Bissell inadvertently signed the
bill, and his private secretary reported to the House of Representatives that
the Governor had approved the bill. Governor Bissell realized his mistake,
scratched out his name, and vetoed the bill. The Democrats wanted to test the
validity of Bissell's striking his signature after the secretary had announced
the passage of the bill. The People, on the relation of Lanphier and Walker,
public printers for the state, sued Hatch, the Secretary of State and
record-keeper of the laws, in the Illinois Supreme Court for a writ of mandamus
to compel him to furnish a true copy of the apportionment bill for printing.
<bibl default='NO'>Order, 26 January 1858, <title>People ex rel. Lanphier & Walker v.
Hatch</title>, Journal Record SC 2nd GD 1855-1864 [CGD], 131; Opinion, January
1858 Term, <title>People ex rel. Lanphier & Walker v. Hatch</title>,
Journal & Opinion Record SC CGD 1855-1861, 197-202, both in Illinois
Supreme Court, Illinois State Archives, Springfield, IL.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' org='uniform'>
<dateline>
<date value='1858-01-27'>Wednesday, January 27, 1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>.
</dateline>
<p>
Lincoln & Herndon appear for John H. Smith, defendant, in <name type='case' key='L00849'>Smith v. Smith</name> (SC), appeal from Bond County. Written argument by Herndon is submitted.
<bibl default='NO'>Record.</bibl>
</p>
</div2>
<div2 part='N' sample='complete' type='Revised' org='uniform'>
<dateline>
<date value='1858-01-28'>Thursday, January 28,
1858.</date>
<place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
<p>In the U.S. Circuit
Court, Lincoln & Herndon represent the Missouri-based S.C. Davis &
Company in two suits involving unpaid promissory notes. In the case of
<name type='case' key='L02257'>S. C. Davis & Co. v. Sanders &
Sanders</name>, the plaintiffs seek $1,000 in damages for two promissory notes
totaling $559.32. William J. Allen, attorney for defendants John D. Sanders and
Henry Sanders, asks the Court for permission "to withdraw their Plea herein."
Judge Samuel H. Treat notes that the defendants have had three opportunities to
plea and have failed to do so. Judge Treat declares the defendants in default.
The Clerk assesses damages of $666.70, and Judge Treat orders the defendants to
pay this amount and the court costs. In the case of
<name type='case' key='L02267'>S. C. Davis & Co. v. J. W. & J. R.
Allen</name>, the plaintiffs are suing the defendants for $3,000 in damages for
non-payment of a $2,565.98 promissory note. The parties agree to waive a jury
trial, and they submit evidence to Judge Treat. Judge Treat finds for the
plaintiffs and orders the defendants to pay $2,886.25 in damages and the court
costs. <bibl default='NO'>Order, 28 January 1858, <title>S.C. Davis & Co. v. Sanders
& Sanders</title>, Record Group 21, General Records, Vol. 1, 276; Judgment
Docket, 28 January 1858, <title>S.C. Davis & Co. v. Sanders &
Sanders</title>, Record Group 21, Judgment Docket, Vol. 1, fol. 22;
Declaration, filed 9 December 1857, <title>S.C. Davis & Co. v. J.W. &
J.R. Allen</title>, Record Group 21, case file 231; Order, 28 January 1858,
<title>S.C. Davis & Co. v. J.W. & J.R. Allen</title>, Record Group 21,
General Records, Vol. 1, 277, all in U.S. Circuit Court, Southern District of
Illinois, National Archives and Records Administration, Great Lakes Region,
Chicago, IL.</bibl>
</p>
</div2> |
