Source: Sumner County Lawsuits, #843
Contributed by Ruth Held at ruth_h_28070@yahoo.com
©2003
State of Tennessee
To the Sheriff of Sumner County - Greetings.
Whereas at a court held for the county of Sumner at September Sessions 1807, before the Justices
of said Court, by the Judgment of that court, John Josey recovered against Elijah Hendrick eighty
six dollars and ninety cents, as well, for his damages which he had sustained by a certain slander
of the said John Josey by the said Elijah Hendrick lately published as for his costs by him about his
suit in that behalf expended as appears to us of record, and whereas on the motion of the said
Elijah Hendrick by Robert Whyte his attorney at November term 1807 of the Superior Court of
Miro District, a writ of Error was awarded him directed to the Justices of the Court of Pleas and
Quarter Sessions for the County of Sumner to send and certify the record & proceedings
aforesaid with all things touching the same to the Judges of our said court on the second Monday
in May 1808. A transcript of which record was filed in the office of the clerk of said Superior
Court on the tenth day of May 1808, and whereas also since the Judgement and granting the writ
of Error aforesaid the said John Josey departed this life as we are informed by Elijah Hendrick,
and that administration of all and [singular?] the goods and chattels rights & credits of the said
John Josey hath been in due term committed to Edward Douglass, the said John Josey having died
intestate and because those things which are rightly done should duly be put in execution. We
command you to make known to the said Edward Douglass administrator of the said John Josey
decd. That he be before the Judges of our Superior Court of law at the next court to be holden for
the District of Miro at the court house in Nashville on the second Monday in November next to
shew if any thing for himself he hath or can say why the Judgment of the County Court should not
be reversed, annulled and held entirely for nothing, if to him it seems expedient and further to go
& [receive?] what our So Court shall in this part consider and have them there this writ. Witness
Randal McGavock clerk of our said court at office the second Monday in May in the year 1808,
and of the independence of the United States the thirty second.
R. McGavock
State of Tennessee
To the Sheriff of Sumner County - Greeting.
Whereas at a Court held for the county of Sumner at September Sessions 1807 before the Justices
of said court by the Judgment of that court, John Josey recovered against Elijah Hendrick eighty
[five?] dollars and twenty cents as well for his Damages which he has sustained by a certain
slander on the said John Josey by the sd Elijah Hendrick lately published as for his costs by him
about his suit in that behalf expected as appears to us of record and whereas on the motion of the
said Elijah Hendrick by Robert Whyte his attorney at November term 1807 of the Superior Court
of Miro District, a writ of Error was awarded him directed to the Justices of the Court of Pleas &
Quarter Sessions for the County of Sumner to send and certify the record and proceedings
aforesaid with all things touching the same to the Judges of said court on the second Monday in
May 1808; a transcript of which record was filed in the office of the clerk of the said Superior
Court on the tenth day of May 1808 and whereas also since the Judgment & granting the writ of
Error aforesaid the said John Josey departed this life as we are informed by the said Elijah
Hendrick and that administration of all & singular the goods & chattels rights & credits of the said
John Josey have been in due form committed to Edward Douglass the said John Josey having died
intestate, and because those things which in our said court should duly be put in execution.
Command you as heretofore to make known to the said Edward Douglass administrator of the
said John Josey decd, that he be before the Judges of our Sumner Court of Laws at the next court
to be holders for the District of Miro, at the Court House in Nashville on the second Monday in
May next, to shew if any thing for himself he hath or can say why the Judgment of the County
court should not be reversed annulled and held entirely for nothing [ ], if to him it seems expedient
and further to [ ] and receive all and whatsoever our said Superior Court shall in this part consider
and have then there this writ
Witness Randal McGavock Clerk of said Court at office the second Monday in November in the
year 1808 & of the independence of the United States the thirty third.
R. McGavock
Elijah Hendrick
Vs
John Josey
Transcript
November term 1807 - on the motion of Elijah Hendrick by Robert Whyte his attorney [words
obscured] awarded him [words obscured] of the court of pleas & quarter sessions for the county
of Sumner to send and [ ] the record & proceedings in a certain action on the case between the
said John Josey plaintiff & Elijah Hendrick Defendant [wh..?] it was considered that the said John
Josey should recover against the said Elijah Hendrick twelve & an half cents which judgement
was rendered on the last September session of said court.
May Term 1808, Death of John Josey defendant an error suggested - and [ ] for [ ] to issue
against Edward Douglass administrator.
November Term 1808, order for [alias s...?] against Edward Douglass administrator & continued
May Term 1809 John Josey the Defendant in Error in the Causes being [ ] on motion it is ordered
that the [suit?] be revived in the name of Edward Douglass administrator of the said John Josey
decd.
November Term 1809 Continued
Bill of [Costs?]
[?] Writ of Error 160, [Super...?]
100, order 24 [supra?] 80 order
244 [continu...?] 160, transcript & Seal 140
transferring papers 50
$10.42
Tax........................................................................1.00
[S...?] Douglass executing [ ]....................................60
County Court [ ]......................................................87.67 1/2
State of Tennessee
I Randal McGavock late clerk of the Superior Court of Law for the District of Miro so hereby
certify that the foregoing is a true transcript of the proceedings had in said court in the suit Elijah
Hendrick against Edward Douglass adm of John Josey together with a bill of the costs which have
accrued thereon.
In testimony whereof I have hereunto set my hand and affixed my private seal (there being no seal
of office this 13th day of April 1810.
R. McGavock