Wednesday Morning Court met accdg. to adjournment Present the Honble. Wm. Cocke.

Thomas McCollough Certiorari Vs Joseph McCollough This day came the said plaintiff Thomas by John Kennedy Esqr. His attorney and moves the Court for a Writ of Error to remove the proceedings in this case to the next Supreme Court of Errors and appeals to be holden at Jonesborough on the first Monday of November next and the said Thomas McCollough enters into bond together with Michawl Rork & John Kennedy his Securities. Where upon the Writ of Error is granted and the Said Plaintiff by his Said attorney makes an assignment of [page 10] Errors in these words to wit, Thomas McCollough, vs Joseph McCollough State of Tennessee Hawkins County October Session 1810 assignment of Errors and now to wit, on this Second day of October Term 1810 comes the Said Thomas McCollough by John Kennedy his attorney and Says that in the record & proceedings aforesaid there is manifest error in this to wit, that it appears that the Writ of Certiorari & Supercedeas in this cause was issued by the Jedge of the Court in vacation and not by the Clerk as by law it ought to have been. Secondly that no bond & Security was intered into & given according to the directions of the Act of Assembly in Such cases made & provided before the issuing of said Writs. Thirdly that a Judge of the Circuit Court has no power to issue a Writ of Certiorari and Supercedeas. Fourthly the Judgement of the Court was that the Writ of Certiorari Should not be dismissed when it ought to have been that the Said Writ of Certiorari & Supercedeas Should have been dismissed and the said Thomas McCollough prays that the Jedgment aforesaid for the error aforesaid & the errors in the record & Proceedings aforesaid may be reversed annulled & altogether held for nothing and that he may be restored to all things he has lost by Occation of the said Jedgment & Ca. Kennedy Attorney Ordered by the court that Absolom Looney Esqr. High Sheriff pay a fine of twenty five cents for wearing his hat in the Court house when the court is Sitting.

John Den Lessee This day came the defendant Micajah into of James Smith court and confesses that his is guilty of Vs the trespass & Ejectment in manner and Richard Fen with form [page 11] as the plantiff against notice to Micajah Lee him hath complained it is therefore considered by the court that the plantiff do recover against the defendant his term yet to come of and in the tract of land described in the plaintiffs declaration together with the appurtenances and also his coats by him about his Suit in this behalf expended & Ca.

State Horse Stealing Vs Whereupon came a Jury to wit,

1. Hugh G. Moore, Obediah Gents
2. Henry Burim
3. Peter Lawson
4. John Tredway
5. John Ellis
6. John Lucas
7. Absolam Looney
8. Jos. Huffmaster
9. Samuel Spears
10. Reuben Barnard
11. Andrew Ingram
12. Davis Howell

who being elected tried & Sworn well & truly to try & true deliverance make between the people of this and the prisoner at the Barr Obediah Gents whom the _____ have in charge and a true verdict give according to their evidence do say the defendant is guilty in manner & form as he Stands charged in the Bill of Indictment and the Said Obediah by Samuel Powel his attorney with leave of the court enters a rule to Show cause why a new trial should be granted.

Court adjourns for half an Hour. Court met according to adjournment. Present the Honbl. Wm. Cocke.

On affidavit Wm. Owens one of the Jurors is excused from further attendance at the present Term.

Court adjourns till tomorrow 8 oclock.