Source: Sumner County Lawsuits, #6488
Contributed by Ruth Held at ruth_h_28070@yahoo.com
©2003
(Transcript)
Pleas at the court house in Gallatin before the court of pleas & quarter sessions held for the
county of Sumner on the second Monday in June 1810 and 34th year of American independence.
Jonathan Trousdale - Plaintiff
v.
John C. Hamilton -Defendant
State of Tennessee Sumner County
To the Sheriff of said County, Greeting.
You are hereby commanded to take the body of John C. Hamilton if to be found in your county
and him safely keep so that you have him before the Justices of our County Court of Pleas &
Quarter Sessions to be held for said County at the court house in Gallatin on the second Monday
in December next then and there to answer Jonathan Trousdale of a plea [ ] render to him one
negro boy slave named Cold Rain which from him he unjustly detains to his damage three hundred
dollars. Herein fail not and have you then [ ] this writ witness David Shelby Clerk of Court of
said County at office the second Monday of September AD 1808 and the 33rd year of American
independence [ ] October 1808
And Executed
W.H. Douglass Dep Sheriff
I acknowledge the service of this writ returnable to Dec term 1808
J.C. Hamilton
State of Tennessee
Sumner County
December term 1808
Jonathan Trousdale by his Attorney complains of John C. Hamilton on custody & of a plea that he
render to him one negroe slave boy about 6 or 7 years of age by name Colerain or Peter which
negroe boy of the value of five hundred dollars he [indecipherable] by his Attorney declares that
whereas on the [ ] day of August in the year 1808 at the County aforesaid Plaintiff delivered to
the said John C. the negroe boy slave of the said Plaintiff following that is [ ] Colerain a negroe
boy slave about 6 or 7 years of age black complexion to the value of five hundred dollars to be
delivered to the said Jonathan whenever he should be required & the Plaintiff avers he did
Demand & require on the [ ] the said John C. Hamilton tho often required hath not yet delivered
the said negroe boy slave to the said Plaintiff but hitherto hath and still doth refuse to deliver the
same whereupon the said Plaintiff saith he is injured & damaged to the value of three hundred
dollars and thereupon he brings proof & [ ] & these are pledged
Barry for Plaintiff
And at the term last aforesaid the pleadings in the above cause [ ] made up by an entry in the following words, to wit, [indecipherable] then at March term 1809 the following proceedings [indecipherable] Jonathan Trousdale v. John C. Hamilton In Detinue - This day came the parties by their [ ]. [ ] a jury of good & lawful men to wit William Duly, James Nixson, Daniel Shaver, Henry Dewberry, Jacob Seevia?, Thomas Preston, Miles Miers, Henry Homer, Willis Hall, John Hood, Ben Hall, Nimrod V. Jeffries, [ ] who being elected [ ] sworn the truth to speak upon the [ ] upon their oath do say that the defendant has detained the negro in the manner and form as the plaintiff in declaring both complained and that said negroe of the value of three hundred dollars - - Rule on motion of the defendant to shew cause for a new trial - [ ] continues [ ] court for argument then [ ] court to wit September [ ] 1809 the following rule was made in the said cause to whit, motion for a new court argued & made absolute. And [indecipherable] the plaintiff [ ] hath complained [indecipherable] therefore considered by the court that the plaintiff recover against [ ] his negro aforesaid if he [ ] be found back if not then the [ ] aforesaid of him together with his costs by [ ] about [ ] suit in the behalf [ ] Judgment set aside [ ] on motion of the defendant by his attorney to shew cause for a new trial and costs for argument till next court - and at the next court to wit March term 1810 the case is continued - and now [ ] this may to wit, the term first at [ ] mentioned came the parties by their attornies & thereupon an argument the rule to shew cause for a new trial is discharged. Therefore it is considered by the court that the Plaintiff recover against the defendant his negroe in the declaration mentioned if he may be found but if not then three hundred dollars the [ ] of said negro according to the [ ] of the Jury heretofore rendered in this case, and [ ] by him about this sent in his behalf [ ] whereupon the defendant by his attorney prays an appeal from said Judgement to the next Circuit Court to be held for Sumner County & obtains the same after filing reasons & entering into bond with John Shelley & Bennett H. Henderson his securities in the penalty of six hundred dollars conditioned [indecipherable]
John C. Hamilton doth with [ ] prosecution? [ ] appeal with effect [indecipherable] damages costs
& charges as shall be rewarded against him by the [ ] Circuit Court [ ] fulfill & perform the
[indecipherable] the above obligation to be void otherwise [indecipherable]
Acknowd in Open Court
J.C. Hamilton (seal)
Jno Shelley (seal)
B. H. Henderson (seal)
Bill of Costs, Court
[ ] 62 for [ ] prosecution bond of security 40 cents [ ] 100 cents two subpoenas 110 cents four
continuances 160 cents two rules for new trials 50 cents [ ] 100 cents, five witnesses certificates
[ ] transcript of the [ ] 160 cents .....................................$ 7.42 1/2
Shff returning writ ordered not found testimony [ ] ...........1.37 1/2
Attorney Barry ............................................................ 2.50
John Brigance? witness ............................................. .3.00
Allen Josey do........................................................6.50
Ruffin DeLoach do..................[ indecipherable].............9.00
$29.30
State of Tennessee Sumner County TS
I David Shelby Clerk of the Court of pleas & quarter sessions for the County aforesaid certify
that the foregoing is a true transcript of the record of proceedings & bill of costs of the suit
Jonathan Trousdale v. J. C. Hamilton
In testimony whereof I have here unto subscribed my name & affixed the seal of said County the
22d day of June in the year 1810 & the Independence of the United States the thirty fourth.
David Shelby
Jonathan Trousdale
v. In [ ] reasons for appeal
John Hamilton
In this cause a verdict & [ ] was rendered in favor of the plaintiff from which [ ] the Defendant
appealed to the circuit court to be holden for the county of Sumner on the second Monday in
October next and [ ] the following reasons for an appeal. [] that the verdict of the jury was
contrary to evidence [ ] the [ ] of the court was contrary to law which reasons in my opinion are
sufficient to entitle the deft to an appeal.
B. H. Henderson, Attorney for Defendant