Friday, January 8, 1858.Springfield, IL. | 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. |