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January 13, 1858

1 entries found

Wednesday, January 13, 1858.
Springfield, IL.

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Revised Entry

In the Illinois Supreme Court, William H. Herndon, Lincoln's law partner, argues the appeal case of People v. Witt et al. 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. Order, 13 January 1858, People v. Witt et al., Opinion Record SC 2nd GD 1861-1864 [CGD], 124, Illinois Supreme Court, Illinois State Archives, Springfield, IL; People v. Witt et al.19 Ill. (1857) 169-71.

In the U.S. Circuit Court, Judge Samuel H. Treat impanels a jury to hear the case of Gale v. Morgan County Bank. 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." Narratio, filed 30 May 1857, Gale v. Morgan County Bank, Record Group 21, case file 142; Order, 13 January 1858, Gale v. Morgan County Bank, 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.

Lincoln writes to attorneys Usher F. Linder and Henry P.H. Bromwell, of Charleston, Illinois, regarding the U.S. Circuit Court case of Shepard v. Walker. 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. Abraham Lincoln to Usher F. Linder and Henry P. H. Bromwell, 13 January 1858, CW, 2:431; Henry P.H. Bromwell and Usher F. Linder to Abraham Lincoln, 11 January 1858, Shepard v. Walker, Record Group 21, case file 313, U.S. Circuit Court, Southern District of Illinois, National Archives and Records Administration, Great Lakes Region, Chicago, IL.

<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 &amp; 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&#8212;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>

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