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Archiver > NOE > 1999-01 > 0915204468


From: Jeannie Carlisle <>
Subject: NOE a court witness
Date: Fri, 01 Jan 1999 10:27:48 -0500


Copied as read from original court documents:

Scott County, Indiana Cause # 517, March, 1877 Term. Rebecca Fordice
versus Cyrus J. Fordice and Francis M. McClanahan.

Subpoena, Scott Circuit Court
March Term, 1877
Rebecca Fordice versus Cyrus J. Fordice Etal
Scott County Sheriff to Summon: William Heolton, J. Harvey NOE, Taylor
Maston, Elisha R. Tacket
Served by Reading to and within hearing of Each of the within named
witnesses except William Holton and he by a copy of this writ left at his
last usual place of Residence this 2 day of Apr 1877
Sheriff's Fees
Service 160
Copy 25
Mil. & Ret. 225
410 Total
John J. Tobias, S. S. C.

Subpoena March Term, 1877. Clark County Sheriff is to summon: Elisha R.
Tacket working under Heannon on Section near Gallows Hollow. To appear in
the Circuit Court of said county on the 4th day of April, 1877 to testify
in an action wherein Cyrus J. Fordice Etal are defendants and return this
Summond. Witness this 15th day of Mch 1877
J. H. McFadden, Clerk
Served by leaving a True Copy of this writ at the last and usual place of
residence of the within named Elisha R. Tacket in Clark County Indiana this
28th day of March 1877.
Sheriff Fees:
Service 40
Copy 40
Mil. & Ret 3.10
3.90 Total
George F. Howard, S. S. C.
By J. R. Jones Deputy

Another Summon entered for Jas. H. NOE to Clark County Sheriff. Doesn't
note if served.

Another summon in Scott County for William Whitlatch. It was served 2 Apr
1877 and cost 240 Total ($2.40).

Copy of Answer
Know all men by these presence that Whereas William H. Fordice of Lawrence
County State of Illinois has filed his petition for divorce in the circuit
court of said county to be holden at the court house of said said county on
the 1st Monday of Feb 1876. And now I Rebecca Jane Fordice, wife of the
said William H. Fordice for and in consideration of the sum of three
hundered dollars. the receipt of which is hereby acknowledged do promise
and agree that I will not appear to defend the said suit and that I will
relinguish all calim for alimony or support from and after this date, also
I hereby agree that I will take the said three hundred dollars as my
portion and will release all claims on the said William H. Fordice.
In witness whereof I hereunto set my hand and seal this 17th day of Jan.
1876 signed by Rebecca Jane Fordice Witnessed by William H. Holton and
James H. Noe
I hereby certify that the above is a true copy. William H. Niles, Justice.

To Any Constable of Scott County
You are commanded to summon Cyrus P. Fordice and Francis McClanahan to
appear before me at my office on the 26th day of February 1877 at three
Oclock in the afteroon, to answer Rebecca Fordice in a complaint wherein
she claims the sum of One hundred and 97/100 dollars and return then and
there this writ.
Dated this 22nd day of February 1877
Wm. H Niles, Justice

Came to Hand Feby 22 1877
Served writ By Reading to an in the Hearing of the Within named defendents
this 22 day of February 1877
William T. Johnson
Complaint costs 100.97
Summon 25
Subpoena 25
Docket 20
Security Cost 20
Constable service 1.50
mileage .30
Return .10
____ trial .25
_____ .60
miles .45

Complaint on Note
Feb 22nd 1877, Plaintiff filed her complaint in the words and figures
following, January 17th 1876. Twelve Months after date we promise to pay
to the order of Rebecca J. Fordice one hundred dollars for value received
without any relief from valuation appraisement or state laws, with interest
at ten per cent per anum. Cyrus P. Fordice (his mark) Francis McClanahan
Feb 22nd 1877, summons issued and placed in the hands of W T Johnson Const.
returnable on the 26th day of February 1877 at three Oclock in the
afternoon the plaintiff living out of the county the following undertaking
for cash was entered into
I hereby acknowledge myself security for costs in the above entitled case.
William T Johnson
Attest Wm H Niles, Justice
February 22nd 1877. At request of plaintiff subpoena for Harvy NOE,
Willima Whitlatch and William Holton, as witnesses.
February26 1877 The parties appeared for trial. The defendant moved to
continue on account if an absent witness supported by affidavit. whereupon
plaintiff admitted the facts set forth in said affidavit to be true.
Motion set aside.
defendant plead a want of consideration and presented a paper being a
contract between Willima H Fordice and Rebecca J Fordice, wherein the said
Rebecca J Fordice agreed consideration of three hundered dollars the
receipt of which was acknowledged that she would not appear to defend an
action of divorce commenced by the said William H Fordice in the Circuit
Court of Lawrence County in the State of Illinois, pleading overrules.
Willima Holton, Harvey NOE, and William Whitlatch were sworn as witnesses
and without examing the witnesses, case submitted to the court by the
defendant.
It is therefore adjudged that the plaintiff recover if the defendant the
sum of one hundred and ten dollars and ninety seven cents with ten per cent
interest from this date together with his costs and accruing costs and that
he have execution therefor without relief to said defendant form valuation
or appraisement laws. Willima H Niles, Justice
I hereby acknowledge myself replevin bail for stay of Execution on the
above judgement for one hundred and eight days from rendition of teh above
judgement
John T Stucker
Attest Willima H Niles, Justice
State of Indiana, Scott County
I William H Niles, a Justice of the peace in and for the county of Scott
and State of Indiana, do hereby certify that the foregoing in a true
transcript if the proceedings has before me in the above cause as appears
from my docket given under my hand and seal this 7th day of March 1877
William H Niles Justice
Cost of Justice summon $1.25 Subpoena .25 Docketing .30 Affidavit for
Continuance .25 Stay Bond .25 Trial 1.00 Judgement .25 Swearing
Witnesses .15 Transcript .30 Appeal Bond.25 Transmitting paper .25
$3.40 total.
Court fees Service summond .50 Mileage for ame .30 Return .10
Attending trial .25 Serving subpoena .60 Mileage for same .45 $2.20
total
Affidavit for absent Witness Continuance
Filed March 7, 1877
John H. McFadden Clerk

The Attorney for the Defendants in the above Entitled cause swears that
Elisha R. Tackitt is a material and competent witness for the defendants on
the trial thereof that they expect to prove by said witness that the
plaintiff violated the contract entered into between the Plaintiff and the
Defendant that the plaintiff would not defend a suit of Divorce commensed
in court that contract being the consideration of the notes given by the
Defendant to the Plaintiff, that the facts so expected to be proved by said
witness is true that this deft can not prove the same fact so fully by any
other witness whom they can now produce and that the Defenant can not
safely go to trial without the testimony of said witness that they believe
they can procure said testimony if this cause be continued to a reasonable
time and that they do not ask such continuance for delay merely but to
obtain justice. Jacob Sommerville.
On back of page: State of Indiana Scott County
Prescribed and sworn to before me this 20th day of February 1877. William
H Niles, Justice

Appeal Bond filed March 7, 1877
We Cyrus P. Fordice and Francis McClanahan and John M Switzer acknowledge
ourselves bound to Rebecca J. Fordice in the penal sum of two hundered
dollars on the following conditions.
Whereas the said Rebecca Fordice within thirty days last passed obtained
Judgement against Cyrus P. Fordice and Francis McClanahan, before William
H. Niles, Justice for one hundred and ten dollars and ninety seven cents
and said Cyrus P. Fordice and Francis McClannahan has appealed therefrom
Now if said Cyrus P Fordice and Francis McClanahan shall prosecute his
appeal to final judgement and pay such judgement as may be rendered against
them on such appeal this bond shall be void else in full force
Cyrus P. Fordice (his mark)
Francis McClanahan
John M Switzer
Attest William H. Niles

Answer filed 7 Mar 1877
The Defendant said that this cause of action being brought upon a note of
hand being founded upon A contract by Both parties and that said contract
upon the part of said defendant was broken A contract upon which the said
complaint in the afore said action as a consideration upon which said
action has bin brought. Jacob Sommerville Atty

Filed in open court April 4th 1877 Motion for new trial
The said defendants move the Court for a new Trial of this action for the
following reasons:
1st Because the decision of the court is not sustained by sufficient evidence.
2nd Because the decision of the Court is contrary to law
Ferguson & Marsh
Attys for Defendants

I hope this helps someone. Jeannie Noe Carlisle

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