Page 261

#305,05
value
1 cent damp.
Vs pltff and
secys.

Joseph W Gooding
no 363.
John Bean

Judgment Replurins.

Now at this day comes the defendant by his attorney, but the
plaintiff although duly notified and called comes not, and
the defendant waiving a Jury submits this cause to the Court
upon the pleadings and proofs, and the Court having duly heard and considered
the same and being thereof fully advised, doth find for the defendant and assess
the value of the property mentioned in the petition at the sum of three hundred and
five dollars and five cents, and assess the damages for the taking and detention of
the same at the sum of One cent. It is therefore considered by the Court that
the said plaintiff return said property in the petition mentioned and described
as follows, to wit: "two certain carriages called rockaways." to said defendant or
that said defendant recover of said plaintiff and of George Horez and John J
Kiburg, the securities in the replevin bond, the value of said property asssessed by
the Court, at the election of the said defendant and also that he recover the
damages assessed for the taking and detention of the said property together with
his costs herein expended and have execution therefore.

#465 60
For value received we assignee and transfer the
judgment ended opposite this margin to John
Watson, this 25 day of aug 1868.
HasKell &co
Attest Jno Levis clk.
By. Jas M Francis clk

Stephen Haskell and
James M Franciscus
no 421
Cornelius D Sullivan

On note.

Now at this day come the parties, by their respective attorneys,
and the Court having duly heard and considered the motion
to strike out the demurer herein and for judgment and
being thereof fully advised doth overrule the same; and on
motion of the plaintiff, by their attorney, leave is given to amend the petition herein by in
serting immediately after word, "protest," and before word, "wherefore," the words, "plaintiffs
further states that said note be due and remains unpaid," and the Court having also duly
heard and considered the demurrer to the petition and being thereof fully advised doth
overrule the same; thereupon the defendant files a plea in the nature of a plea in abatement
herein and orally moves the Court for a continuance and the Court having duly heard
and considered the said motion and being thereof fully advised, doth overrule the same,
and the defendant thereupon with draws his plea in abatement herein and files an answer
and this cause being then called for trial, and the defendant having been duly summoned
as a witness and failing to appear, the plaintiffs, by their attorneys, orally move the
Court to strike out the defendants answer and for judgment, and the Court having
duly heard and considered the same, doth order that said motion be sustained: and
the Court finds from the instrument of writing on which this action is founded that the
defendant is indebted to the plaintiffs in the sum of four hundred and sixty five dollars
and sixty cents. It is therefore considered by the Court that the said plaintiffs recover of
the said defendant the sum aforesaid in form aforesaid as found and also their costs herein expended and have execution therefore. Motion to tax costs against plaintiffs filed.

#240,80

Henry Murphy
no 393.
Jacob Fritschle and
Joseph G Shands

On note.

Now at this day come the plaintiff and the defendant Shands, by their
respective attorneys, and thereupon come also a Jury, to wit; C Burke, Isaac Ro
senthine, A Eichebberger, L Mills, Samuel Jacoby, M Washburn, A T
Abner, Louis Walker, H S Reed, H Kersbrock, C H Smead,
and C Deal, twelve good and lawful men, who being duly elected tried and sworn
the issues herein joined well and truly to try the trial progressed and being finished
the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of two hundred and forty dollars. It is therefore considered by the Court that the said plain
tiff recover of the said defendants, Jacob Fritschle and Joseph G Shands, the sum

Record 28 1858 to 1859 (Text)