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1858 >> Jan

January 08, 1858

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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 S.C. Davis & Co. v. Lowry & Randle 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 S.C. Davis & Co. v. Sanders, they ask the Court to stay the execution of the judgment "for thirty days." In the debt case of Bank of Commerce v. Emporium Real Estate & Manufacturing Co., 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 Hedrick v. Merry & Thomas W. Smith & Co., 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. Order, 8 January 1858, S.C. Davis & Co. v. Lowry & Randle, Record Group 21, General Records, Vol. 1, 231; Order, 8 January 1858, S.C. Davis & Co. v. Sanders, Record Group 21, General Records, Vol. 1, 230; Order, 8 January 1858, S.C. Davis & Co. v. Sanders, Record Group 21, General Records, Vol. 1, 229; Order, 8 January 1858, S.C. Davis & Co. v. Warner, Record Group 21, General Records, Vo1. 1, 232; Order, 8 January 1858, S.C. Davis & Co. v. Watkins, Record Group 21, General Records, Vol. 1, 230; Order, 8 January 1858, S.C. Davis & Co. v. Wilborn, Record Group 21, General Records, Vol. 1, 232; Order, 8 January 1858, S.C. Davis & Co. v. Williams & Hillabrant, Record Group 21, General Records, Vol. 1, 231; Promissory Note, 1 July 1857, Bank of Commerce v. Emporium Real Estate & Manufacturing Co., Record Group 21, case file 196; Order, 8 January 1858, Bank of Commerce v. Emporium Real Estate & Manufacturing Co., Record Group 21, General Records, Vol. 1, 229; Narratio and Praecipe, filed 6 October 1857, Hedrick v. Merry & Thomas W. Smith & Co., Record Group 21, case file 184; Agreement to Dismiss, filed 8 January 1858, Hedrick v. Merry & Thomas W. Smith & Co., 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.


<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 &amp; Herndon represent the Missouri-based S.C. Davis &amp; 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 &amp; Co. v. Lowry &amp; 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 &amp;
  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 &amp; Herndon make one additional request of the Court in
  one of the S.C. Davis &amp; Company cases. In the case of 
  <name type='case' key='L02255'>S.C. Davis &amp; 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
  &amp; Manufacturing Co.</name>, Lincoln &amp; 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 &amp; 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 &amp; Thomas W.
  Smith &amp; Co.</name>, Lincoln &amp; Herndon represent plaintiff John Hedrick,
  of Ohio, who is suing Merry &amp; Thomas W. Smith &amp; 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 &amp; Co. v. Lowry &amp; Randle</title>, Record Group 21,
  General Records, Vol. 1, 231; Order, 8 January 1858, <title>S.C. Davis &amp;
  Co. v. Sanders</title>, Record Group 21, General Records, Vol. 1, 230; Order, 8
  January 1858, <title>S.C. Davis &amp; Co. v. Sanders</title>, Record Group 21,
  General Records, Vol. 1, 229; Order, 8 January 1858, <title>S.C. Davis &amp;
  Co. v. Warner</title>, Record Group 21, General Records, Vo1. 1, 232; Order, 8
  January 1858, <title>S.C. Davis &amp; Co. v. Watkins</title>, Record Group 21,
  General Records, Vol. 1, 230; Order, 8 January 1858, <title>S.C. Davis &amp;
  Co. v. Wilborn</title>, Record Group 21, General Records, Vol. 1, 232; Order, 8
  January 1858, <title>S.C. Davis &amp; Co. v. Williams &amp; Hillabrant</title>,
  Record Group 21, General Records, Vol. 1, 231; Promissory Note, 1 July 1857,
  <title>Bank of Commerce v. Emporium Real Estate &amp; Manufacturing
  Co.</title>, Record Group 21, case file 196; Order, 8 January 1858, <title>Bank
  of Commerce v. Emporium Real Estate &amp; Manufacturing Co.</title>, Record
  Group 21, General Records, Vol. 1, 229; Narratio and Praecipe, filed 6 October
  1857, <title>Hedrick v. Merry &amp; Thomas W. Smith &amp; Co.</title>, Record
  Group 21, case file 184; Agreement to Dismiss, filed 8 January 1858,
  <title>Hedrick v. Merry &amp; Thomas W. Smith &amp; 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>

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