Tuesday, May 4, 1852.Monticello, IL. | In the Piatt County Circuit Court, Lincoln and Charles Emerson represent plaintiff Eliza K.
Thorpe, who seeks a divorce from Moses Thorpe in the case of Thorpe v. Thorpe. Moses Thorpe files an answer to the bill for divorce and asserts that
he is not an abusive husband. Moses charges Eliza with, among other things, being verbally
abusive and taking money without permission. Lincoln and Emerson file a replication to the
answer that denies Moses Thorpe's allegations. Lincoln and Emerson apply to the court for
support for their client while her suit is pending. Judge David Davis hears both sides argue the
merits of the application and rules in favor of Eliza Thorpe. Judge Davis orders Moses Thorpe to
pay the circuit clerk $25 within thirty days and an additional $35 within ninety days for Eliza
Thorpe's support until the next term of court. Lincoln represents defendant Samuel L. Swords in
the appeal case of Rarey v. Swords, a dispute involving
the construction of a log cabin. The court calls a jury, and both sides make their arguments.
The jury finds in favor of Rarey and awards him $12. Judge Davis orders each of the litigants to
pay half of the $43.91 in court costs. Answer, 4 May 1852, Thorpe v. Thorpe,
case file, box 28; Affidavit of Moses Thorpe, 4 May 1852, Thorpe v. Thorpe, case
file, box 28; both in Menard County Circuit Court, Menard County Courthouse, Petersburg, IL;
Replication (copy), filed 4 May 1852, Thorpe v. Thorpe, copy files, Henry Horner
Lincoln Collection, IHi, Springfield, IL; Judgment, c. May 1852, Thorpe v. Thorpe,
Court Record B, 230; Judgment, 4 May 1852, Rarey v. Swords, Court Record B, 229,
both in Piatt County Circuit Court, Piatt County Courthouse, Monticello, IL. |