In the U. S. Circuit Court, Lincoln is one of the attorneys representing plaintiff James Emmitt in the case of Emmitt v. Barret. Judge Samuel H. Treat sustains Emmitt's demurrer to defendant James A. Barret's plea. The attorneys for both parties had argued the merits of Emmitt's demurrer when they previously met in court on January 12, 1858. Emmitt is suing Barret for $8,000 in damages for Barret's failure to repay a $4,816.66 promissory note. Order, 18 January 1858, Emmitt v. Barret, Record Group 21, General Records, Vol. 1, 256; 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, all in U.S. Circuit Court, Southern District of Illinois, National Archives and Records Administration, Great Lakes Region, Chicago, IL.