CIRCUIT COURT PAPERS
GEORGE WILKINS - 1876
Parke Circuit Court
May Term 1876
Vs Amended Complaint
Plaintiff for ? and amended complaint herein says that on the day of 187 he purchased certain real estate of defendant for which defendant executed to him a warranty deed, that at the time of the execution and delivery of said deed there was due and unpaid on said land taxes charge against said Defendant and for which he was liable the sum of $30.56, that Plaintiff often asked and requested defendant to pay and discharge said taxes which were an encumbrance on his land but defendant as many times refused; that plaintiff paid the amount of said taxes to wit - the sum of $30,56 on the 7th day of February 1876, that after the payment of said taxes, and before the commencement of this action plaintiff again? requested defendant to refund to him the amount thus paid, so plaintiff asks Judgement for $30.56 and interest from the date of said payment in the sum of 40.00 and for costs and proper relief.
Atty White for plaintiff
The State of
Constable of said Township.
You are hereby commanded to Summons Five qualified voters of said township to appear before me a Justice of the Peace thereof at my office therein, at two o'clock PM of the 4th day of May 1876, to serve as Jurors, in a case pending before me, in which George Wilkins is Plaintiff and Samuel Jordan is Defendant; then and there to be tried, and this said Juror shall in no wise omit. And have you then and there this writ with your doings thereon.
Given under my hand and seal.
This the 4 day of May 1876
Issac Hunt JP
Vs Complaint for $27.54
April 29, 1876 Plaintiff filed the following account for his cause of action herein.
Before JW Hunt JP
To George Wilkins
To amount of
tax paid for said
To $3.02 paid for George Wilkins $3.02
April 27, 76 Summons issued and
delivered to J L Branson Constable of
May 4,1876 Parties all present for trial. Defendant by his Atty Johnston, filed a motion to dismiss the action for insufficiency of Plaintiffs Complaint. Motion was overruled. Constable returned the Summons served by copy April 29. Defendant having demanded a Jury and the parties having agreed upon the number of five. Venire was issued therefor and being returned , the following named Jurors appeared as and were sworn to ? Nelson McClure, George C Woody, William L McIntire, Henry Snyder and John Harrison. William L McIntire being objected to by defendant as having expressed an opinion in the case was set aside. the parties agreeing upon the remaining four as a jury, to try the case. the said Nelson McClure, George C Woody, Henry Snyder and John Harrison were empaneled as the Jury herein.
Trial was then had Wm L McIntire appearing for Plaintiff and James T Johnston for Defendant. Samuel Jordan and George Wilkins were sworn and examined as witnesses. An objection by defendant against plaintiff introducing a deed of real estate as evidence was sustained. Also an objection by the same against the same introducing tax receipt as evidence. overruled
The Jury after hearing the evidence returned into Court the following verdict to wit
We the Jury find for the defendant and fees for the jury
J C Woody
It is therefore adjudged that the defendant herein have Judgements for and recover all cash accrued in this case together with accruing costs, taxed at seven dollars and sixty five cents as itemized below Thu May 4th 1876 Isaac Hunt
J H Fees Constable Branson fees
Summon .25 Serving of Summon .25
Filing papers .15 Mileage .20
Docket of ? .25 Return .10
Venire .25 .55
Swearing Jury .10 Summons of Jury .50
Swearing Witness .10 Mileage .05
Trial 1.00 Return .10
Rendering jgmt .25 Attending trial .50
Record .40 Const fee $1.70
Jury fees J H fees in Jgmt 2.75
Nelson McClure .80 Jurors 3.20
John Harrison .80 $7.65
Wm Snyder .80 J H Fee an Transcript .50 J C Woody .80 Transmitting paper .25
I Isaac H Hunt Certify that the foregoing is a complete transcript of all the proceedings had before me in the above entitled case as taken and copied from my docket.
Witness my hand and seal this thurs May 17 1876
Isaac H Hunt JP
Shared by Gary Wilkins