In the U.S. Circuit Court, Lincoln files a declaration in the case of Emmitt v. Barret. 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. Declaration, filed 2 January 1858, Emmitt v. Barret, Record Group 21, case file 279, U.S. Circuit Court, Southern District of Illinois, National Archives and Records Administration, Great Lakes Region, Chicago, IL.

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 S.C. Davis & Co. v. J.W. & J.R. Allen 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 S.C. Davis & Co. v. Campbell & Hundley 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 Bank of Commerce v. Emporium Real Estate & Manufacturing Co., Lincoln & Herndon, representing the plaintiff, ask the Court to order the defendant to "plead...by Wednesday Morning next." In the case of Lawrence v. Coler, 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 Gale v. Morgan County Bank, 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. Declaration, filed 9 December 1857, S.C. Davis & Co. v. J.W. & J.R. Allen, Record Group 21, case file 231; Order 4 January 1858, S.C. Davis & Co. v. J.W. & J.R. Allen, Record Group 21, General Records, Vol. 1, 180; Bill to Foreclose Mortgage, filed 8 December 1857, S.C. Davis & Co. v. Campbell & Hundley, Record Group 21, case file 245; Decree, 4 January 1858, S.C. Davis & Co. v. Campbell & Hundley, Record Group 21, Chancery Record, Vol., 39; Order, 4 January 1858, Bank of Commerce v. Emporium Real Estate & Manufacturing Co., Record Group 21, General Records, Vol. 1, 179; Order, 4 January 1858, Lawrence v. Coler, Record Group 21, General Records, Vol. 1, 181; Deposition of Charles S. Watrons, 5 December 1857, Gale v. Morgan County Bank, Record Group 21, case file 142; Order, 4 January 1858, Gale v. Morgan County Bank, 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.

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. Private Collection.

Lincoln writes to Robert A. Kinzie of Chicago regarding the U.S. Circuit Court case of Johnston v. Jones and Marsh, 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 feet wide. Prior to Lincoln's involvement in the case as one of the attorneys for defendant William Jones, the U.S. Circuit Court heard the case and 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 once owned the disputed property and who "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." U.S. Circuit Court, District of Illinois Transcript, filed 4 December 1854, Jones v. Marsh & Johnston, Record Group 267, REC1, case file 3201, National Archives and Records Administration, Washington, DC; Abraham Lincoln to Robert A. Kinzie, 5 January 1858, CW, 2:430-31.

In the Illinois Supreme Court, Lincoln files an assignment of errors in the appeal case of McDaniel et al. v. Correll et al. 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. Assignment of Errors, filed 5 January 1858, McDaniel et al. v. Correll et al., Herndon-Weik Collection, Library of Congress, Washington, DC.

In the U.S. Circuit Court, defendant Lewis W. Young confesses judgment before Judge Samuel H. Treat in the case of Taylor & Davis v. Young. 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 S. C. Davis & Co. v. J. W. & J. R. Allen, 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. Order, 6 January 1858, Taylor & Davis v. Young, Record Group 21, General Records, Vol. 1, 220; Judgment, 6 January 1858, Taylor & Davis v. Young, Record Group 21, Judgment Docket, Vol. 1, fol. 10; Agreement, filed 6 January 1858, Taylor & Davis v. Young, Record Group 21, case file 82; Declaration, filed 5 January 1857, Taylor & Davis v. Young, Record Group 21, case file 82; Plea, filed 6 January 1858, S. C. Davis & Co. v. J. W. & J. R. Allen, Record Group 21, case file 231; Declaration, filed 9 December 1857, S. C. Davis & Co. v. J. W. & J. R. Allen, 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.

William H. Herndon, Lincoln's law partner, writes an assignment of errors in the appeal to the Illinois Supreme Court of the case of Brundage v. Camp, 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. Assignment of Errors, 7 January 1858, Brundage v. Camp, Herndon-Weik Collection, Library of Congress, Washington, DC.

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.

In the U. S. Circuit Court, Judge Samuel H. Treat rules on a motion made by Lincoln & Herndon in the case of S. C. Davis & Co. v. Gibson. 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. Order, 9 January 1858, S. C. Davis & Co. v. Gibson, Record Group 21, Chancery Record, Vol., 44; Bill to Foreclose Mortgage, filed 8 December 1857, S. C. Davis & Co. v. Gibson, 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.

In the Illinois Supreme Court, Lincoln & Herndon and Joshua P. Cooper represent the plaintiffs in the appeal case of Stark et al. v. Kester, 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. Writ of Error , filed 11 January 1858, Stark et al. v. Kester, Illinois Supreme Court, case file 2598; Order, 11 January 1858, Stark et al. v. Kester, Illinois Supreme Court, Journal Record SC 2nd GD, 117, both in Illinois State Archives, Springfield, IL.

In the U.S. Circuit Court, Lincoln & Herndon file a demurrer for plaintiff James Emmitt in the case of Emmitt v. Barret. Emmitt is suing James A. Barret for $8,000 in damages in a dispute concerning a promissory note. Collett v. Armour, in which Lincoln & Herndon appear for defendant, is settled by agreement. Demurrer, filed 11 January 1858, Emmitt v. Barret; Declaration, filed 2 January 1858, Emmitt v. Barret, both in Record Group 21, case file 279, National Archives and Records Administration, Great Lakes Region, Chicago, IL.

Lincoln participates in several cases in the U. S. Circuit Court. In the case of Emmitt v. Barret, 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, Powell v. Kern and Powell v. Ament & Beer, 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 S. C. Davis & Co. v. Miller, 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. Order, 12 January 1858, Emmitt v. Barret, Record Group 21, General Records, Vol. 1, 244; Declaration, filed 2 January 1858, Emmitt v. Barret, Record Group 21, case file 279; Declaration, Notice, filed 12 January 1858, Powell v. Kern, Record Group 21, case file 311; Declaration, Notice, filed 12 January 1858, Powell v. Ament & Beer, Record Group 21, case file 723; Clerk's Docket, 12 January 1858, Powell v. Kern, Record Group 21, [Clerk's] General Docket, Vol. 1, fol. 63; Clerk's Docket, 12 January 1858, Powell v. Ament & Beer, 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, Powell v. Kern, Lincoln Memorial University, Abraham Lincoln Library and Museum, Harrogate, TN; Bond for Costs, 12 January 1858, Powell v. Ament & Beer, Record Group 21, case file 723; Order, 12 January 1858, Powell v. Kern, Record Group 21, General Records, Vol. 1, 245; Order, 12 January 1858, Powell v. Ament & Beer, Record Group 21, General Records, Vol. 1, 245; Assessment, [12 January 1858], S. C. Davis & Co. v. Miller, Record Group 21, case file 255; Order, 12 January 1858, S. C. Davis & Co. v. Miller, Record Group 21, General Records, Vol. 1, 246; Judgment Docket, 12 January 1858, S. C. Davis & Co. v. Miller, 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.

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.

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 People ex rel. Lanphier & Walker v. Hatch. 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. Order, 26 January 1858, People ex rel. Lanphier & Walker v. Hatch, Journal Record SC 2nd GD 1855-1864 [CGD], 131; Opinion, January 1858 Term, People ex rel. Lanphier & Walker v. Hatch, Journal & Opinion Record SC CGD 1855-1861, 197-202, both in Illinois Supreme Court, Illinois State Archives, Springfield, IL.