Taylor County GaArchives Deed.....Court Minutes, Superior - Court Minutes, Superior 1856
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Virginia Crilley http://www.genrecords.net/emailregistry/vols/00003.html#0000642 November 10, 2004, 3:05 pm

Written: 1856

April Term 1856

pg 208
Superior Court meet agreeable to adjournment. Present Edmund H. Worrill, Judge 
presiding.

List of Grand Jurors empaneled and Sworn

Wiliam R. Miller
Geroge J. Hays
Williams Spears
Nathaniel Spears
Bartley McCrary
Thomas R. Gates
William H. Grier
Lawrence Walker
J.D. Mitchell
Henry N Duke
David P. Bates
Thomas G. Blackman
S.H. Dwight
Ezekiel Royal
Enoch Garrett
John H. Grace
David F. Shine
Thomas D. Brand
Wm H. Griffeth
James Thompson
William H. Miller
Williams Montgomery
J.L. Summerly

PETIT JURORS Sworn
John W. Cox
Allen Pridgen
(Marshall Moulton) crossed out
James Revil
Robert Bird
Abraham Wainright
James R. Hays
J.A. McCrary
Levin Vinson
(William P. Whttington) crossed out
Cornelius Bradley
Sinclair Streetman
John Turner
John Theus
John A. Childs
Mathew Bulger
J.T. Dwight
P.H. Proctor
Amos Rogers
Willis Whatley
Abner Adkins
Woodard Barnes
John T. Davis
Benj S. Griffeth
Warren Barefield

Empson Miller, having been removed from this Jurisdiction by virtue if an act 
of 
the last legislater to the County of Marion, it is ordered by the court that 
all 
the cases in this county in which Empson Miller is defendant be transferred to 
the Superior Court of the County of Marion and the Court is hereby directed to 
transmit all connected with said cases and exmemplfy all the proceedings 
therein 
to the Superior Court of said County of Marion.

Dennis Perkins
vs
John W. Wright
Judgement to plantiff $454.00

pg 209
William W. Wiggins
vs
Samuel P. Corbin
judgement to plt'f $144

N.C. Newmon
vs
John F. Harmon
Judgement to plt'f $341

Kinchen, L. Worthey
vs
Frederick West	TRESSPASS
We the jury find for the plnt'f $150.  Thomas G. Blackman, Foreman

The Bank of State of Georgia
vs
Mary Moore 	RULE NISI for foreclosure

It appearing to the court that rule nisi was duly issued and served upon said 
defendant, but no objection being files, rule nisi should be made absolute. 
That 
the pln'f recover from defn't $11,150 with interest from March 1, 1854 and 
levied on property described previously for foreclosure.

pg 210
Whatley
vs
Montgomery Admin
Comes complaint and suggest the death of James M. Montgomery the Administrator 
of Reubin B. Davis and respondant in this suite.

It is ordered that William L.H. Mathews be and he is hereby fined $10 for a 
contempt of this court.

It appearing that R.H. Daniel and Benjamin Prichard, members of the Petit 
Juror, 
for the April Term, being called by Sheriff have failed to appear; Ordered that 
they be fined $10.

Young S. Joiner
John Joiner, Pl'ff in fi fa
vs
John Hobbs, defendant in fi fa
Agreed to transfer to appeal

Isaac Stanford
vs
Samuel Montgomery
We the jury find for the pl'f $36

John S. Allen
vs
Samuel P. Corbin

George L. Rosin vs
Samuel P. Corbin
Both cases transferred to the appeal

John Doe on the several demurs of Sherrod S. Adkins and John Victorys
vs
Richard Roe casual Ejector and
Wm Ann Johnson Tenant in possession
Jury find in favor of defn't.  Wm L. Vinson, Foreman

Jonathan Thomaston
vs
Joshua Tennison & James D. Tennison
Confess judgment to pl't $188.38

The State
vs
Appleton Brooks	Assault & Intent to Murder  True Bill

The State
vs
Robert W. Wells	Assault & Battery 	True Bill

The State
vs
James McRight
James Bullard
Calvin Grant
John Willis		ASSAULT & Battery   True Bill

Zechariah B. Trice
vs
William R. Miller	ASSUMPSIT
judgement to pl'f $719.00

Benj F. Newsome
vs
Owen Johnson and Samuel Johnson and Ann Eliz Johnson
It appearing to the court that all defendants are minors, ordered that Caleb 
Lindsey, Guardian act in the above cases in their behalf.


Application of Eralbut W. Miller that James Layfield, former Sheriff of said 
county, did on the 1st Tues Dec last,  at the court House door in Butler did 
publish for fi fa, the 1071st G.M. district, in favor of Eralbut W. Miller 
against Joseph Johns, the north half of lot of land #195 in the 12th originally 
Muscogee, now Taylor, as the property of said Johnston and that said applicant, 
Eralbut W. Miller, being the highest and best bidder of tract was knocked off 
to 
him, and a deed made by Sheriff Layfield.  The said Eralbut W. Miller according 
to the statute in such cases made and provided for said land and it further 
appearing that Layfield Sheriff went out of office without putting him in 
possession of said land.
Court ordered Joseph Johnson to shew cause by next term of Court why William 
Wiggins, the present Sheriff, should not put him the said Eralbut W. Miller in 
posession of said land.

The State
vs
Emiline Brand	ASSAULT WITH INTENT TO KILL  True Bill

The State
vs
Edmund a man slave, the property of Jaems Montgomery	MURDER True Bill

The State
vs
Absalom Coursey	STABBING	True Bill

The State
vs
Edmund a negro slave, the property of James Montgomery
Jury Sworn:  Antony Lavender, Richard Montfort, John T. McCullen, Peter T. 
Montfort, Edmund Stewart, John Q. Adams, John G. Parks, Uriah Wilson, Sinclair 
Streetman, John Theus,  John T. Dwight, William S. Vinson

We the jury find the def't guilty.  Edmund Stewart, Foreman

Indictment: Ordered that said Edmond be taken hence to the common jail of said 
county where you shall be safely and securely confined until Friday, the 16th 
day of May 1856 when on said day by the sheriff or his lawful deputy. You shall 
be taken from said jail and conveyed out to a gallows erected by said Sheriff 
not less than half of one mile and not more than one mile from the Court House 
in said county when upon said gallows by the said Sheriff or his lawful deputy 
betwen the hours of ten o'clock in ofrenoon and two o'clock in the afternoon , 
you shall be handed by the neck by a cord to be furnished by said sheriff until 
you are dead.

Delila Branham
vs
Roberson H. Branham		LIBEL & DIVORCE
Jury find sufficient proof referred; authorize a total divorce. April 9, 1856

Jourdan Wilchar
vs
Thomas A. Walden
judgement to pl'f $50

James S. Wiggins
vs
Henry Joiner and John Joiner Security.
Judgement for plt'f $150 with interest and cost with 10% damages for frivilous 
appeal and judgement for the pl'f.

pg 214
The State
vs
Walton Buckhannon and Gamel Daniel	ASSAULT & BATTERY  True Bill

The State
vs
Stephen Dickerons   Malicious Mischief  True Bill

Johnathan P. McCrary
vs
Lewis Robinson
judgement for pl'f $210

The State
vs
James Hesters
Archibald Hill, a witness, resided outside the county at the time of his 
attendance to the court. Ordered Treasurer to pay Hill $17 for his attendance.

To Wm D. Elam, Dr.  Horse & Buggy  1 1/2 days at $3.00 and $1.50. Ordered that 
County Treasurer pay.

State of Georgia upon the relation of
Benjamin F. Newsome vs
the Justices of the Inferior Court
Jury find for pl'f $562.

John Hudson
vs
Mahala Hudson	LIBEL FOR DIVORCE
Jury find sufficient proof...authorize a divorce.

Moyer & Butt
vs
Jacob Parr	Dismissed
Confession to costs to defendant

pg 215
William H. Willis, complainant
vs
John McDonald and Eldridge C. Butt
Bill for discovery and relief. Verdict and decree by the special jury.
William R. Miller, George F. Hays, William Spears, Bartley McCrary, Thomas R. 
Bates, William H. Grace, Lawrence Walker, J.D. Mitchell, H.N. Duke, T. 
Blackman, 
Nathaniel Spears, and S.H. Dwight

We the special jury, find that on the settlement of accounts between 
complainant 
and John McDonald, the sum of $1654.50 is due from the said McDonald.

Pinkney Jones
vs
Mary Jones	LIBEL FOR DIVORCE
Authorize a total divorce. William R. Miller, Foreman

Bryant Jones
vs
Bethena Jones  LIBEL FOR DIVORCE
Authorize a total divorce.  Wm R. Miller, Foreman

John Doe ex dem
George Eason & George W. Darden
vs
Richard Roe casual ejector and
Royal H. Daniel Tenent in possession
Jury finds for defendant and cost of suit.  Wm R. Miller, Foreman

pg 216

Sarah Redmond, wife of James M. Redmond. by her next friend,
John T. Brown
vs
William Mitchell, Administrator of Wiley Womack, deceased deft.
Bill for discovery and relief.

On the filing of defendant, it appears to the court that Rhondania Mitchell, 
late widow of the said Wiley Womak, deceased and formerly adminsitrix of the 
said intestate, ought to be made a part defendant to said bill. So ordered. She 
is required to answer the same on or before the first day of the next term of 
court.

Johnathan Thomaston
vs
Joshua Tennison of Taylor County
and James D. Tennison of Marion County
judgement for pl'f $188.38. Paid costs and brings David Beeland as security for 
Appeal.

William A. Skellis
vs
James T. Rousseau  COMPLAINT FOR RENT.
Judgement to pl'f $90. APRIL 10, 1856.  W.S. Wallace for deft

Jacob Pare
vs
John O'Neal	Certiorari
Ordered certiorari dismissed and be allowed to proceed with his fi fa

Determined that the defendant, John O'Neal do recover of pl'f Jacob Pare the 
sum 
of $2.50.

pge 217
N McBain & Co
vs
Catherine Cannon
Confess judgement to pl'tf $46.42

Charles Bess
vs
George Knight   certiorari
Certiorari heard and sustained. Judged by the plantiff in cetiorar reason fo 
def't Charles Bell the sum of $2.55.

Calvin & Brown
vs
John A McCrary
Judgement to pl't $109

Nelson Nailor
vs
Wm L. Yarbrough 
judgement to pl'ft $100

Stephen Howell
vs
David P Bates, John C. R. Lockheart, Julius Lockheart
Judgement to pl'f $225

John W. McCullers
vs
Mary McCullers	LIBEL FOR DIVORCE
Authorize a full divorce

Moyer & Butt
vs
Jacob Pare Debt
platif having discontinued and failed to prosecute. Dismissed

The State
vs
Nathan M. Rogers
Jury impanneled and qualified to try him and demands his trial in this term of 
court.

pg 218

State
vs
James Hesters
Witness on the part of the State, resided without the limits of said county. 
Ordered to bay to A.J. Hobbs $10 for his attendance.

Richard Montfort
vs
Wm L. Mitchell	Attachment
Appears a certain horse other certain articles of a perishable nature have been 
levied on. Therefore ordered that officer having said horse and goods in his 
possession proceed to sell the same in accordance with statutes, and proceeds 
fo 
said sale be deposited with the clerk of Superior Court

John Doe in the division of George Eason
vs
Richard Roe casual Ejector & Royal H. Daniel Tenant in possession
On motion of pl'f's attorney it is ordered the relation in the above cause be 
and the same is hereby ordered by inserting a demiseo from Geoge W. Darden

All parties having consented, ordered that the call of the appearance dockett 
of 
this term be dispensed with and parties defendants have leave to file please 
excet such as are required by statue to be filed at the term (within five 
months 
from the adjournment.

John Gardner
vs
Samuel P. Corbin
The def't at this term of court to consolidate two cases. Postponed until 
tomorrow.

David Carter
vs
Thomas Walling
Ordered that two cases be consolidated and pl'f pay all extra cost.

Pay to James Wilchar, $6.00 for furnishing jury dinner.

Excuse of W.L.H. Mathews for not appearing and being sworn as a jury is fully 
sufficient. Fine imposed on said Mathews be remitted.

pg 219
Sarah Redmon by her next friend John T. Brown
vs
William Mitchell, Adm of Wiley Womack dec' 
John T. Redmond
Ordered to be set for trial for next term of court

Gideon Newsome
vs
William Cott
Ordered by Court that complaint have leave to amend his bill by inserting 
therein the within Amendment with leave to defendants to demur plead or answer.

William Mathews
vs
William W. Corbitt
judgement to pl'f $113.81

State vs Newton Mulkey  - True Bill

State vs Elizabeth Brand  - True Bill

State vs Stephen Dickerson - Malicious Michievous & True Bill

State vs Thomas Edwards, William Ellison, Charles Cobb, John Hollis and James 
Vincent  - True Bill

State vs A.M. K. Swift and William O.G. Ruggles - True Bill

State vs George McDowell - True Bill

State vs John L. Bozeman  - Assault

State vs John Willis & John Joiner

Ordered that County Treasurer pay J.A. & F.S. Rucker $6.95 for chairs for the 
use of the Court House out of any money in the County Treasurer.

Thadeous Oliver Solicitor Gen of this circuit having left the court, it is 
ordered that Benjamin F. Ruse be and he is hereby appointed Solictor pro tem to 
prepare indictments and other business of the State.

Ordered that County Treasure pay James Layfield $10.62 in the case of Augustus 
McKenzie charged simple servicing and jail fees included as per account.

pg 220

State
vs Joseph Tadlock Misdemeanor - True Bill

State
vs John B. Wright - Gaming House - True Bill

Appearing John Brown served 5 days as bailiff; John Hericks five days and one 
night five days and two night, Thomas Cameron five days; William Anderson five 
days; William [Teal] one day;  James Layfield five days and 3 nights. Ordered:
John Herick, John A. Hamilton, William Anderson $2 for each day's service and
James Layfield one dollar for each day and night 
John Brown, Thomas Cameron and William Teal $1 each per day.

Pay J.C. Cozart $5.60
 David P. Bates was a Grand Juror at the April Term of Superior Court and 
having 
been intoxicated and absented himself from attendance on the jury and court, it 
is ordered that he be fined $50 for so doing. April 12, 1856

Zachariah Trics
vs
Wm R. Miller
judgement $719.45


Davis Castleberry
vs
Robert Scandrett	Bill for discovery, relief and injunction
The motion to dissolve the injunction in the above case having been argued it 
is 
decreed and ordred by the Court that the Injunction therein to the same is 
hereby dissolved and that the action at law proceed.

pg 221

Clayton Whittington
vs
William Summerall
Ordred that injunction on above case be dissovled on the ground that the Equity 
in said bill has been fully sworn off by the answer of said def't and it is 
ordered by the Court that said cause at law now proceed.

Columbus W. Wade
vs
Elizabeth Goodale	Possessing Warrant in Taylor Supreme Court
Upon hearing the above case, it is ordered by the court that the clerk issue a 
writ of possession to Columbus W. Wade for the east half of Lot of Land #92 in 
the 15th District Taylor County directed to the Sheriff or his deputy...and 
provided that the said Columbus W. Wade do receive of the said Elizabeth 
Goodall 
the sum of $4.35 to cover cose and charges in this behalf laid out and expense.

State of Georgia
Upon the relation B.F. Newsom
vs
Justices of Inferior Court
Rule Nisi on appeal in Taylor Superior Court & verdict & Motion for new trial
It is hereby agreed on the part of both the counsel for the plaintiff and def't 
that plt'f counsel need not make out a brief of the documentary testimony 
delivered upon the trial of said case upon the above stated application for a 
new trial but that reference may be had to the interrogatories and depostion of 
file and which were read on the trial of the same except such parts of said 
Interrogatories and answers treated as were rules out by the court.

Grounds for new trial: 1st Because said verdict is contrary to law
2nd Because the same is contrary to evidence
3rd Because the same is against the right of evidence and said justices by the 
counsel having agreed upon a Brief of the evidence had on the trial of said 
cause. It is ordered that said Brief be filed with the Clerk of the Court as a 
part of the record, and def't to shew cause at next term of court why a new 
trial should not be granted.  Grice & Wallace, Deft' attorney

pg 222
Your petitioner, in charge of Sarah, Michael, David E., William and Marthah 
Wells, children of Tavniena Wells, that he as such Trustee owns a parcel of 
land 
in said county which he desires to sell and they being unrepresented in said 
court, your petitioner prays that David Lawson may be appointed Guardian ad 
Litum of said children.  Marshall B. Brown pre G.P Culverhouse att at law

Ordered that David Lawson be appointed Guardian to represent them in this cause.

Believing that the sale of the half lot #138 in 15th District of said County 
belonging to Marshall P. Brown as Trustee for Sarah, Michael, David E., William 
and Martha Wells, children of Taverna Wells would be for the benefit....same 
may 
be sold.    David Lawson

Marshall P. Brown shoews to your Honor that by a deed executed by Edmund 
Worrill 
in the year 1853, he was appointed Trustee for Sarah Ann Wells, Michael Wells, 
David E. Wells, William Wells and Martha Wells, minor and children of Tavina 
Wells and his wife, Rachel Wells. That since the appointment to said trust said 
Rachel Wells has died and her husband, Taverna Wells has moved to the state of 
Alabama carrying said minor children to the state of Alabama. Your petitioner 
shows that the property conveyed to him is a lot of land in Taylor #138 in 15th 
dist originally Muscogee, now Taylor shows that it is to the advantage of said 
minors that said lot of land be sold and the proceed thereof be reinvested for 
the benefit of said minors and your petitioner prays to grant him authority to 
sell said land and reinvest the proceeds.  Allen J. Owen, Sol Gen
The facts entered in my my Solicitor, are true. Marshall P. Brown

So ordered.  Edmund Worrell

John S. Davison
vs
Nancy Batchelor   Rule Nisi  Mortgage 
Petitioner John S. Davidson states on the 15th day of April 1854,  Nancy 
Batchelor made and delivered to John S. Davidson her certain promisory not 
beraing the date aforesaid, whereby she promised on or before the 25 day of Dec 
next after the date, to pay $102. On said date to secure the payment of said 
note, gave to John S. Davidson her deed of morgage - south half of Lot #157 in 
13th dist and second section of said county, 100 acres, conditioned that Nancy 
Batchelor should pay off. Shown that the note is unpaid.  Rule to be published 
in Columbus Enquirer once a month for 4 months or a copy thereof served on the 
said Nancy Batchelor.

pg 224
Whereas John Hudson of said county hath appeared in open court alledges that 
Nancy Battle, Francis Battle, Sarah Battle, Ann Battle, Tilman Battle and 
Martha 
Battle, illegitmate children of Nancy Battles of said county are his children, 
and prays that thier names be changed to that of Nancy Hudson, Francis Hudson, 
Sarah Hudson, Ann Hudson, Tilman Hudson and Martha Hudson and they be amd 
cupupable of inheriting from him the said John Hudson in as full a manner as if 
they had been born of him, the said John Hudson in lawful wedlock.
So ordered.

List of Grand Jurors drawn for OCTOBER TERM 1856

A.M. Rhodes
Thomas Walling
Enoch T. Collins
J.B. England
John Brown
Jacob Pare
S.W. Rogers
Stephen Murray
M.T. Brown
Edmund Stewart
A.M. K. Swift
W.O. G. Ruggles
Joseph Riley
Caleb Lindsey
Thomas H. Brown
Jerry C. McCants
Thomas Umphries (Humpries)
Samuel P. Corbin
Jesse Stallings
Robert P Hays
Joseph Sheriden
O.B. Walters
E.C. Butts
N.W. Buckhannon
J.W. Hays
James M. Thompson
J.T. Riley
H.H. Long
D.A.J. Willis
C. Hamlin
Alex L.N. Wilson
J.W. Beckley
J.H. Winchell
J.P. Rosseau
James A. Rucker
Zach Wadkins

PETIT JURORS - October Term 1856

Thomas Binum
Isom Jones
W.T. Lawson
Benj F. Frasier
William Nelson
Elias Forsee
Roland Mullins
Perry Watson
A.J. Ricks
Joseph Johnson
Turner Wallace
Wm Downing
John Jones
Josiah Rhodes
J.W. Adkins
Daniel Sells
Owen Barfield
Edmund C. Shurley
Jacob Thompson
Wm Mulkey
J.M. Harris
Jesse Glover
Wm Turner
J.N. Felwood
W.W. Foy
Nathan M. Rogers
Wm H. Fennel
Wm A. Brand
L.H. Adkins
Laban Shepherd
Lewis Hill
B.C. Posey

page 226
We the Grand Jury submit the following:
We find the Jail in a very bad and unsafe condition and recommend the Inferior 
Court to adopt such measure and appropriate such funds as are necessary to make 
it safe.
We find the Court House in an uncomfortable condition and recommend the 
Inferior 
Court to have the seats in the different apartments to be made and cushioned in 
a cheap and comfortable way say in the Grand Jury and Petit Jury rooms the 
benches to be 18 or 20 inches wide and cushioned as named above; to have two 
tables made 3 by 5 feet with a drawer to each table and a lock and key to each 
drawer; to have a plain cheap secretary made and placed in each of the clerk's 
offices; to have one dozen common split or leather bottom chairs for the use of 
the court; to have sufficient locks and keys put to the doors and place the 
keys 
in hands of the Sheriff and request him to keep the house in a more neat and 
orderly condition.

We recommend the Inferior Court to have a bridge built on Patsaliga Creek on 
the 
road leaving Prattsburg to Tazewell and instruct the court to call on Talbot 
County to pay its proportional part towards the construction of the same; to 
have a bridge built on Patsaliga Creek on the River Road leading the Agency to 
Reynolds; to build a bridge on Little Patsuliga Creek at McCrary's;  to repair 
or rebuild a bridge known as Walker's Bridge on Cedar Creek;  to extend the 
bridge called Hill's bridge on White Water by attaching one arch to each end.

We suggest to the Court that Mitchell's Ferry Road leading from Daviston 
through 
Daviston District is badly obstructed and needs clearing out.  We recommend the 
Inferior Court to pass an order to locate from the district near the Steam Mill 
, the road leading from Butler to Reynolds to interact the River Road at Town's 
quarter and that the Court take into consideration of the roads in general in 
the county.

We recommend the Inferior Court to assess a tax of 25% on the State Tax for a 
poor school fund. We also recommend the Inferior Court pass a tax of 25% on the 
State Tax for County purposes.

We recommend the Inferior Court to asses a sufficient tax to allow the Petit 
Jurors of Taylor County $1.50 a day for services.

We have examined the books of the clerk of the Superior Court and find them in 
the most neat and orderly manner and highly appreciate his care and attention 
in 
the discharge of his office. The books of the Clerk of the Inferior Court kept 
in a very neat and commendalbe way. We have examined the Treasurer's books- 
they 
are all in good order and we find in his hands the sum of one thousand seven 
hundred and forty two dollards and thirty five cents.

We give the account of Ordinary Books as follows:
Amount of Poor School for 1855 Received of State $125.

Balance on hand for 1854 $332.27. Received from Tax Collector $200
$58.27 commission off  $770 accounts filed 11.112 days at 5 cents $555.10 
leaves 
$83.44 number of poor children for 1855 where 194 for 1854 were 250. We allowed 
Charles A Loyd, Tax Collector $154.77 that amount being returned on insolvent 
list. 

Before taking leave of your Honor, we desire to express our thanks for the kind 
and courteous manner in which you have paid us attention and given us 
information. We also tender our thanks to the solicitor general for his 
attention on this body. We request that these presentments be published in the 
Colubus Enquirer and Georgia Telegraph.
Wm R. Miller,Foreman;  William H. Griffeth, Thomas R. Gates, Nathaniel Spears,
Henry N. Duke,  James Thompson, Enoch Garret, David F. Shine, Wm H. Miller, 
John 
D. Mitchell, William Montgomery, Bartley McCrary, John S. Summerly, Thomas D. 
Brand, George J Hays, Serrenoe H. Dwight, Ezekial Royal, John H. Grace, Thomas 
G. Blackman.

We the Grand Jury of Taylor County deem it proper to present to your Honor, 
David P. Bates, for absenting himself from our body on Monday evening without 
leave from our body or from your Honor and has remained absent from that time 
during this time of court.  William R. Miller, Foreman

pg 228
OCTOBER TERM OF COURT 1856
Edmund H. Worrill, Judge presiding

A List of Grand Jurors sworn at this time.
A.M. Rhodes
Thomas Walling
Enoch F. Collins
John B. England
Jacob Pare
W.P. Brown
Wm G. Ruggles
Joseph Riley
Thomas H. Brown
Jerry C. McCants
Thoams Humphries
Joseph Sheriden
E.B. Watters
E. C. Butt
Henry H. Long
T.J. Riley, Foreman
C. Hamlin
A.L. Wilson
J.W. Bickley
Jas H. Winchell
Z K Wadkins

PETIT JURORS
Thomas Silas
Nathan M. Rogers
Joseph Johnson
Luke Johnson
Laban Shepherd
Perry Watters
Thomas Wilson
Jesse Glover
Henry Theus
Wm W Hays
Josiah Rhodes
Lewis Hill
John A. Cameron
James Garrott
Daniel Sells
Henry Pullen
Thomas Bynum
Zachariah Hamilton
L.H. Adkins
Owen Barefield
John Adkins
Wm H.Fennel
N.W. Nelson
Burry C. Posey

John Doe on the several demises of
Susannah Cook et al
vs
Richard Roe causal ejector & Clayton Whittington, Tenant.
We the Jury find for the pl't the premises in dispute.  Thomas J. Riley, Foreman
A.M. Rhodes, Enoch F. Collins, John B. England, M.P. Brown, Joseph Riley, Jerry 
McCants, Joseph Sheriden, C. Hamlin, AL Wilson, JW Bickley, ZK Wadkins

G.R. Hunter
vs
G.M Davis and J.D. Beall
judgement to pl'tf $109  Oct 6, 1856  W. W. Corbitt

Danforth & Naggle
vs
W.W. Corbitt
judgement to pl't $62.75

pg 229
J.N. Carter
vs
Wm H. Greer
We find the cost of suit only against def't and that he has paid principal and 
interest in the case.  John W. Adkins, foreman

Thomas C. Dempsey
vs
Charles Hamlin
judgement to pl'f $271.13

Pleasant R. Phillips, Ex of Henry H. Lowe dec
vs
Joseph Hollis
judgement to pl'tf $750 principal; $161 interst and cost of suit.

Anne R. Dennis
vs
Charles J Jinkins
judgement to plat' $48

Green Huff Beanr
vs
John C. Lockheart
judgement to pl'tf $570

C.F. Fickling
vs
John R. Lucus & Martha K. Lucus
judgement to pl't $51.13

James Taylor
vs
 John T. Persons & Joseph Hobbs
judgement to pl'tf$200.

Lick Ansley
vs
W.W. Corbitt
judgement to pl'tf $37.51

Moses Desseau
vs
John Walker & Augusta Walker
We the jury find in favor of def't the cost of suit. Nathan M. Roger, Foreman

McCrary & Hamilton
vs
William Mulkey
judgement to pl't $31.37

pg 230
Corbert & Brother vs
H.H Horton & Joshua Tennison
Jury finds for pl'tf $656  John W. Adkins, foreman

Caldwell Neely & Co vs
Wm H. Griffeth, maker
C.J. Jinks, Endor
judgement to pl'f $90.51

Davis Castleberry
vs
Persons Walker
judgement to  pl'f $54.56


Davis Castleberry
vs
Joseph J. Walton
judgement to pl'f $

Smith I. Pruden
vs
Annias W. Martin
judgement to pl'f $89.36

Frances E. Bacon
vs
Wm H. Griffeth
judgement to pl'f $80.76

Davis Castleberry
vs
Robert Scandrett. Bill for Discovery , relief & injunction
The injunction in the above cause having been disposed at the last term of this 
court and the demursion of the chnacelor having been taken by write of errot to 
the Supreme Court of this state for the comtion, and the said court having at 
its last sesson at Macon affirmed the decision on motion of Miller and Hosley, 
solicitors for the def't, it is ordered that the remittance affirming the 
decision be entered on the minutes of this court.

page 231
Sarah P. Redmond
by her next friend John S. Brown
vs
Wiliam Mitchell Adm of Wiley Womack and James M Redmond
It appearing to the court that James M. Redmond in case def't acknowledge 
service of the bill and has failed to answer the same according to the rules of 
court it is ordered by the court that said Bill be takened for confessed and 
that this order be entered on the minutes of the court.

Uriah P. Crawford
vs
Thomas Walding
judgement to pl't $31.20

Claghorn & Cunningham
vs
Persons Walker
judgement to pl'f $49.16

Edward Hopson
vs
John Parks
judgement to pl'f $521  Oct 7, 1856


Lewis Hills
vs
Ezekiel Royal
We the jury find for pl't $318.52  Henry H. Long, foreman
A.M. Rhodes, Thomas Walling, Enoch F. Collins, Marshall P. Brown, Thomas H. 
Brown, Jerry C. McCants, Joseph Sherdin, Charles Hamlin, A.L. Wilson, J.W. 
Bickley, Z.K. Wadkins

The petitioner, Andrew J. Smith and Charles B. F. Hudson shows unto your Honor 
that they have been engaged in the study of Law and deem themselves qualitied 
to 
practice therein in the several courts of law and Equity.

We certify that we are acquainted with Charles B. F. Hudson and Andrew J. Smith 
and that they are persons of good moral character.  Mark H. Blanford, Levi B. 
Smith

Whereas Charles F. B. Hudson and Andrew J. Smith and Edwin Moise have made 
application to this court for leave to plead and 
practice...examined....therefore ordered that they be admitted to all the 
priviledges in the several courts , except the Superior Court.

Daniel Royal
vs
Augustus L. Edwards, maker
William Bryan Endorser
judgement to pl'f  $782.83

William Stallings
vs
Wm W. Foy
judgement to pl'f $63.35

J.H. and H.J. Weekes
vs
Thomas H. Brown
judgement to pl'f $52.37

E.C. Butt
vs
A.L. Edwards & Williamson and Wright
judgement to plf' $42.81

J.A. & F.S. Rucker
vs
Thomas A Walden
judgement to plt $41.26

Wm W Brown
vs
Jacob Pare
judgement to pl't $50

J.A. & F.S. Rucker
vs
J.R. Hudson - Henry Joiner
judgement to pl't $40

Joshua Hall
vs Henry N. Duke
judgement o pl't $120

pg 233

Aretus Turner
vs
Jackson P. Pollershull
judgement to pl'f (blank)

William Hubbard
vs
George W. Potter
Agreed to be transferred to appeal

State of GA, Macon 2nd Dist Thursday 10 July 1856, The Honorable Supreme Court 
met perusant to adjournment. Present heir Honors Joseph Henry Lumpkin, Charles 
J. McDonald, and Henry L. Benning, Judges.

Davis Castleberry
vs
Robert Scandress
This case came before the court upon a transcript of the record from the 
Superior Court of Taylor and after argument had it is considerd and adjudged by 
the court that teh judgement of the court below be affirmed. Bill of cost int & 
carried judgemtn 375 Re precess 100 opino 350
Remitter 125 Sheirff 125  Total $1075

Supreme Court of Georgia, Macon Jan Term 1856. I certify that the above is a 
true abstract taken from the minutes and that Wm W. Corbitt paid the cost as 
atty for pl'f in error. Robert E. Martin, Clerk

The State
vs
Alexander M.K. Swift  Assault & battery
We the jury find the def't guilty of an assault and battery. Wm Hays, Foreman
Joseph Johnson, Perry Watson, Thomas Wilson, Josiah Rhodes, Lewis hill, Jamaes 
Garret, Thomas Bynum,  Zachariah R Hamilton, Owen Barefield, John W. Adkins, 
Luke Johnson.

Levi B. Smith & thomas J. Shepher, Exec
vs
John C Lockheart
judgement to pl't $77

pg 234

The State
vs
AMK Swift Assault & Battery. Verdict guilty.  Whereas the de'ft has filed his 
Bill of exemption to remove the above case to the Supreme Court and has also 
given bond and security for the payment of the eventual cost. it is ordered 
that 
the judgement be hereby superceded and supsended until after the determination 
of the said case by the Supreme Court

Stephen Dickson
vs
James M Willis
judgement to pl't $177.87

Stephen Dickson
vs
John C. R. Lockheart
judgement o pl't $492

Hay & Jolly
vs
James M Freeman
judgement to pl't $42.

W.T. Rogers
vs
J.C.R. Lockheart & W.J. Sears
judgement to plt'f $225.62

Levi B. Smith & Thomas J. Shepherd Exec
vs
John A. McCrary
Bartley McCrary
judgement to pl'f $1685

pg 235

Wm G. Peters
vs
John G. R. Lockheart
judgement to pl't $64.20

F.H. Murdock
vs
John S. Brooks
Jury find for pl't $182.28.  John W. Adkins, Foreman

Ewell Webb
vs
S.P. Corbin
Jury find for pl't $667.95

L.B. Smith, Exe of Charles L Smith
vs
Wm S. Johnson
plat'f having closed testimony, it was on motion of the atty for the def't. 
ordered that the said pl't be nonsuited on the grounds that by his testimony he 
has shown no title to recover against the defendant.

The State
vs
John Haily	Assault & Battery
The def't in the above case having been arrested and having given bond for his 
appear, at the April Term of this court 1856 in the name and as Jams A. Hailey 
with Norris W. Buckhannon as security and Norris W. Buckhannon having brought 
said Hailey into court and having delivered him to the Sheriff, it is ordered 
be 
released from said bond.

It appearing to the court that W.W. Montfort, Sheriff, has furnished divers 
articles for the benefit and use of teh court amount ot $6.50, ordered that the 
County treasurer pay said amount.


pg 236

H.E. & G.T. Williamson for the use of H.E. Williamson
vs
William C. Spears
judgement to pl't $1250

John Harris
vs
Thomas H. Brown
judgment to pl't $108.25

Wm G. Peters
vs
James M. Willis
judgement o plt'f $66.21

Swift & Ruggles
vs
William McDowell
judgement to pl'f $26.28

Adam H. J. Carson
vs
Jose Stallings
Jury find for pl't $150  A.M. Rhodes, Foreman
Enoch F. Collins, M.P. Brown, Thomas H. Brown, Jerry McCants, E.B. Watters,
C. Hamlin, AL Wilson, J.W. Beckley, James Winchell, ZK Wadkins

Richard B. Rucker
vs William C Spears
judgement to pl't $381

Elia B. Rogers
vs
Thomas G. Blackman
Jury finds for pl't $181 T.J. Riley, Foreman
A.M. Rhodes, F. Collins, John B. England, M.P. Brown, Jerry C. McCants, Joseph 
Sheredin, E.B. Watters,  Henry H Long,  J.W. Bickley, James Winchell

Isaac Mulkey & Co
for the use of Joshua Hall
vs
John W. Riley
judgement to pl'tf$274.50

Catherine Cannon
vs
Thomas Walling
judgement to pl't $82

Pg 237

Isaac Mulkey for the use of
Joshua Hall vs
John A.J. McCrary
Judgement to pl'f $106

Isaac Mulkey for the use of
Joshua Hall vs
Henry Wilson
Jury finds for pl'f $32.73

Swift & Ruggles
Vs
A.W. Wilson
Judgement to pl'f $67

Benj F. Newsome
Vs Caleb Lindsay
Judgement to pl'f $36

State of GA – Macon 2nd Dist Monday 14, July 1856
Supreme Court. Honors Joseph Henry Lumkin and Henry L Benning, Judges

Clayton Whittington 
Vs
William Summerall
 plt'f in error

This case came before the court upon a transcript of the record from the 
Superior Court of 
Taylor Co and after the argument had, it is considered and aadjudged by the 
court that the 
judgment of the court below be affirmed.
Bill of cost  $3.50
Reg precp  50 & Dr. opinion  3.50 = 4.00
Remittter 125 Sheriff of Bill 125    2.50  = $10.00

Supreme Court June Term 1856. I certify that the above is a true extract.  
Robert E. 
Martin Clk.

State of GA
Vs
Absolum Coursey   Stabbing
The above submitted to a jury and whereas the said Jurors are unable to agree, 
now 
comes Thaddeus Oliver Sol General counsel for the state and comes Miller & 
Holsey and 
Grice & Wallace of counsel for the def't and consent and agree a mistrial be 
declared in 
the above case that said case be withdrawn from the Jury.  It said case be 
coninued over 
to the next term of court.

William G. Little
Vs
Bryant Ingram – Henry N. Scarbrough
Complaint for recovery of real estate & notice to amend .
It appearing to discount on the testimony of James J. Ray and Thadwick Montfort 
and 
Henry N Scarbrough that the above stated defendants in their acknowledgment of 
service 
and waver of declaration and copy process and service therone in said cause 
upon 
the 
declaration in said case on the 29th day of June 1859 also there agrred and 
intended to 
waive original process was not incorpertated into said we convey of said 
defendant upon 
said declaration. It is therefore on motion and after argument had thereon 
ordered and 
adjudged by the court that said entry of acknowledgment and waiver be 
corrected  
according to the truth of the case now pro hunc clerk of this court do enter 
and 
insert in 
said acknowledgement and wave the waver of original process in said case as as 
June 29, 
1849, and ti is therefor further ordered that the notice of defendants to 
vacate 
the 
judgment in said cse for want of process be disolved and discharged.

Swift & Ruggles
Vs
N.W. Nelson
Judgement for pl'f $67. The def't reserving right of appeal. Brings Thomas 
Walling and 
tenders him as his security.  (looks like original signatures)

Orin W. Masey
Vs
William H. Greir 
Jury finds for pl't $80. H.H. Long, Foreman, Ann Rhodes, Thomas Walling, Enoch 
F. 
Collins, John B. England, M P. Brown, Wm G. Ruggles,  Joseph Riley, Jerry C. 
McCants, Joseph Sheriden, E.B. Watters, T.J. Riley

Pg 239
State of GA
Vs Appleton Brooks.	Assault with intent to Murder
Now comes Thadeus Oliver who prosecutes for the state and W.W. Corbitt and 
Allen 
F. 
Owen of counsel for the def't and they agree and covenant to waiver the Bill of 
indictment and that they will take the first panel of the Petit Jurors and 
waive 
a present of 
48 jurors, they further consent to waive all other irregularities in said case 
and consider 
siad trial regular aand agreeable to Law. It is ordered by the court that this 
agreement be 
placed upon the minutes of this court.

Swift & Ruggles
Vs
John Q. Adams
Consent that the above case be carried to the appeal.

The State
Vs
Appleton Brooks	ASSAULT WITH INTENT TO MURDER
Jury find for the defendant NOT guilty
John W. Adkins, John A Cameron, James Garret, Daniel Sells,  Henry Pullen  
Thomas 
Bynum, ZK Hamilton, L H Adkins, Owen Barefield, Wm H. Fennel, N. W. Nelson, B. 
C. 
Posey

J.W.Cox vs
R.B. Rucker   certoriari
After reading the return of the magistrate return and hearing argument of 
counsel in the 
above case. Ordered that the certoriari be dismissed and the acse proceed 
according to 
law.

Thomas Walling
Vs
David Carter   Certiorari
Ordered that certiorari be dismissed. Pl'f leave to proceed and that clerk 
certify and send 
copy of this order of said court

Sarah Jacobs
Vs
Philip Jacobs	Libel for Divorce
It appearing to the court by the reurn of Sheriff that def't does not reside in 
this county 
and it further appearing that he does not reside in this state on motion 
ordered 
that said 
def appear and answer at the next term of this couret or that the case by pl'f 
allowed to 
proceed

Benjamin F. Newsome
Vs
Caleb Lindsay
Pl'f having closed his testimony and ef't having moved for a non suit after 
argument it is 
ordered and adjudged that said pl'f be and he is hereby nonsuited on the ground 
that by 
his own showing he is not to recover against defendant and that said affidavit 
that said 
def't gave hence without a day and that he recover.

Pleasant R. Phillips
Exe of Henry R. Lowe Dec'
Vs
Joseph Hollis
Judgement to pl't. Def't being dissatisfied, pays all costs and demands appeal, 
tenders 
John. R. Hollis as his security.  Original signatures of Joseph Hollis and John 
R. Hollis
And the def't recover of said pl't the sum of $4.75 for his cost in this behalf 
laid out and 
expended.

The petition of James S. Bowie and Langdon Bowie merchants and partners with 
the 
firm 
name of J.S & L Bowie shows that heretofore to wit in the 24th day of Oct. 
1854, 
James 
T. May of said county at Columbus to wit in said county made and delivered to 
give 
petitioner his certain promisory note the date whereof is the day and …promised 
3 
months after the date of said note to pay $48.91 for value received.  James T. 
May 
delivered his mortgage, tract or parcel of land situated, south half of lot 
#146, 13th dist of 
formerly Muscogeen then marion now Taylo containing one hundred one and ¼ 
acres….to be void upon payment. Has refused to pay.

Ordered that said Jaames T. May do pay into court by the 1st day of the next 
term of this 
court the prinicpal, interest, and cose. Failure to do so…foreclosed, Rue be 
served on the 
said James J. May.

Jackson Fountain
Vs
James Layfield and Jesse Hollingworth
Parties consenting…placed on appeal

Susan W. Boler
Vs
Henry H. Mangham Motion to dissolve Injunction
Argument heard, ordered by the court that the motion to dissovle the 
injunctionin this 
case be overruled and that said injunction continue in force until the further 
order of this 
court.

It appearing to the Court that Jesse Garret has attended said court as bailiff 
six days. 
Ordered to pay said Garrett, $9

Pg 242

Robert Scandrett
Vs
Davis Castleberry prin
Jesse Tennison Security
James D. Tennison, security on appeal.
Confession to pl'f for interest and cost of suit. Davis Castleberry and Jesse 
Tennison, the 
security of def't comes forwad and demands a stay of Execution according to the 
Statutes, and brings Joseph Brannon and tenders him as his security and they 
the 
said 
Jesse Tennison and Joseph Branin acknowledge themselves jointly and severally 
bound 
to Robert Scandrett the pl'f for the payment of the said judgement and cost in 
said case. 
In testimony whereof the said Jesse Tennison and Joseph Brannon have hereunto 
set their 
hands and affixed their seals this Oct 14, 1856.

Swift & Ruggles
Vs
Charles Hamlin
Judgment and verdict for pl'f. Being dissatisfied with the verdict, gives 
security and pays 
cost demans an appeal. Charles Hamlin

Benjamin F. Newsome
Vs
Caleb Lindsay
Judgment to pl't $36.  Def't demands an appeal.  John Sturdivant as security.

Davis Castleberry
Vs
Joseph J. Walton
Judgement to pla'f $1.00.  Def't dissatisfied beings David O. Smith as security 
and 
demands appeal.

It appearing to the Court that David H. Williams has served six days as 
Bailiff, 
ordered to 
be paid $11.  John Tennison $9. Daivd Lawson $9; Wm Anderson $14 for himself 
and 
horse hired and John Hericks $12.75 for himself and buggy and horse hire for 
their 
several services as bailiffs.  Thomas G. Blackman $2 for one day services as 
Bailiff.

Swift & Ruggles
Vs
Mitchell & Long
By consent of counsel, ordered that above case be put on appeal

Thomas Bondy vs
William Dickerson and Martha Battle.
By consent of counsel, ordered case be put on appeal

State of GA
Vs
A.M.K. Swift   Assault & Battery.
A.M. K Swift has been tried and found guilyt of an assault and battery on the 
person of 
Mrs. Hamlin and the court having fined him in the case of $200 upon 
consideration, it is 
ordered by the court that $100 of the fine be remitted as first imposed.

Pg 244
The petition of Martha E. Shine, widow  and relict of Thomas T. Shine, 
deceased, 
respectuflly showeth that heretofore on (blank) day of 1856, Thomas T. Shine 
departed 
this life intestated upon whose estate Martha E. Shine has administered in due 
form of 
Law and your petitioner further showeth, that at the time of death, Thomas T. 
Shine 
possessed the lots #204 in 14th dist of originally Muscogee now Taylor;  #293 
in 
1st dist 
also 50 acres of lot #302 in 1st dist, also 375 acres in Decator no not known 
in 
the 27th dis 
of said county.  There has been no separate estate settled or allowed your 
petitioner, in 
lieu of dower. Petitioner requests commission to admeasure lay off and assign 
her dower.

It appearing to the Court that Thomas T. Shine died intestate leaving 831 acres 
of 
land…Ordered that Peter Corbin, C.F. Fickling, Gideon Newsome, Benj Beeland and 
Bryant Ingram be appointed commissioners to set off dower.

E. Roberson
Vs
William Pare
It appearing to the court William Pare has been bound over to keep the peace 
towarrds 
Henry, a slave the property of E.M. Roberson. It also appearing that Wiliam 
Pare 
has 
well and truly kept the peace since he was thsu bond, it is therefor ordered by 
the court 
that said warrant be dismissed and said William Pare be henceforth discharged 
without a 
day.

Benjamin F. Newsome
Vs
Caleb Lindsay Admin of Wright Johnson

Def't moved for a non-suit after argument, it is ordered and adjudged that said 
pla'f and he is hereby nonsuited on teh ground that by his __ showing he is not 
entitled as to recover against def'd and that said def't go hence without a nay 
and that he recover of said pl'f the sum of  (blank) dollars. for his cost in 
this behalf.

State of Georgia
vs
Albert Wright	MALICIOUS MISCHIEF
And now come Thadeous Oliver solicitor general , who prosecutes for the state 
and withdraws himself from said case; therefore case is discharged and def't 
discharged and go without a day.

Willis McLenan Adm - will annexted of Thoams McLennan
vs
Thomas H. Brown
Partied covenanting that the above case be placed on appeal.

Gideon Newsom
vs
W.C. Scott	BILL IN EQUITY	
Ordered that case be set for trial at the next term of court

Eli B. Rogers
vs
Thomas H. Blackburn
Counsel for the pl'f & def't agree on the folloinwg as a brief of the evidence 
on the trial of above cse in which a verdict was found by the jury at this term 
of court. An account being set off by the def't against the pla'f Isaac B. 
Griggs testified that in a conversation between himself and the pl'f, he heard 
pl'f say that he was willing to have the implemnt of the def't if deef't moved 
settle with him; that he fell behind sufficient in settlement and def't 
summonded security of him for the balance which he was not willing to give.

pg 246
A verdict having been rendered by the Jury for the pl't in the above cause on 
motion -- pl'f's counsel shew cause instantor why the said virdict should not 
be 
set aside and a new trail ordered in the grounds of newly discovered evidence, 
as follows:
Personally appeared before me, John H. Grace, saith that in conversation 
between 
himself and Ely B. Rogers, relative to the verdict, the jury had just found for 
him against Thomas G. Blackman in the Superior Court now in sesssion in this 
county, the said Rogers remarked to this deponenet that the account set off by 
the said Blackman against him in the case between himself and Blackam awas 
right 
with the exception of some meat which was not goo.  Oct 11, 1856. John 
Sturdivant J.C

R. Harvey pl'f
vs
Levy Whittington Adm and Henry Long and Geo W. Towns et al
Fi Fa & Claim  Issued by the court that J.C. Harvey, Ext of R. Harvey dec'd be 
made party pl'f in the above case instead of R. Harvey, dec'd and the Court 
proceed in his name and that this order be entered on the minutes.

Benjamin F. Newsome
vs
Caleb Lindsay Adm of Wright Johnson dec'd

Be it remembered that....a special Jury was empaneled to try said case when 
pl'f 
having proved that as physician he had rendered the medical services sued for 
in 
said to be true at the time stated in said writ to wit 1853, and further proven 
that he was a practicing physician and surgeion in or before the 25th day of 
Dec 
1847, to with from the year 1845 up to the present date, Said def't then 
demurred to said evidence on the grounds that said pl'f had not shown to said 
Jury a license to practice medicine from the Medical Boards of Georgia and more 
that said pl'f non-suite, whereupon after argument had thereon said court 
sustained said demur and awarded said nonsuit and to which decision and pl'f by 
his counsel then and there excepted and compalins that the same is error and as 
much as the matter aforesaid does not appear of record said pl'f has filed his 
bill of exceptions and prays the same to be considered and made part of the 
records in said case.
Miller & Holsey, Fish & Robinson, Stubbs & Hill, Atty 

I do certify that the following Bill of Exceptions is true and contains all the 
evidence mentioned to a clear understanding of the error complained of and the 
Clerk of the Superior Court of Taylor County is hereby to make a complete copy 
of the records of said cause and to be transmitted to the January Term of 1857 
of the Oconee District of the Supreme Court that the erros alledged to have 
been 
committed may be considered.  Edmund H. Worrill 10th day of Oct 1856

Martha T. Lowe
vs
William R. Lowe, Ex of William H. Lowe	Application for power
Comes William R. Lowe by his attorneys, Welborn & Greir and Grinnel & Pow and 
say the application for power above stated ought not be allowed for the 
following to wit:
1st because on the 25th day of October 1855, defendant's testator made and 
published his last will and testament and has been duly proved and admitted to 
be read and said Testator, the husband of said Martha T. Lowe devised among 
other things one hundred and fifty (150) acres of land with the improvements 
thereon equal in value to her third in dower the lands of which her said 
husband 
seized or possessed at the time of his death in lieu of her dower.
2nd Because of said application is allowed it will defeat other provisions of 
the will of said testator in this that said testator in and by his siad will 
has 
directed his Negroes to be distributed and not be sold and has appointed and 
directed the balance of his land to be sold and the proveeds of the sale 
applied 
to the payment of debts and specific legacies, that the lands of the testator 
are not sufficient to pay his debts which amount to Seven Thousand dollars 
which 
the land without dower to said widow is not worth more than four thousand 
dollars
3rh Because teh allowance of the application will defeat the payment of debts 
and specific legacies. Whereupon defendant prays that said application be 
refused.  Def't atty

page 248
Jackson Carson
vs
Jesse Stallings
Verdict for pl'f 

Copy of note annexed:
On date from date I promise to pay Robert Carson or bearer one hundred fifty 
dollars for value rec'd this 165th day of Feb 1847.  Jesse Stallings

The pl'f then offered Joseph J. Carson who being sworn that being informed by 
his brother, Robert Carson, in the fall of 1850 that the def't would let him, 
Robert Carson, have a horse in part payment of above note, he and his brother 
went to house of def't, saw a horse, but his brother did not like the horse, 
did 
not recollect that Stallings the def't was at home. Wintess was informed 
yesterday by def't that he was not at home when witness and R. Carson came to 
his house. Wintess never heard def't at any time promise to pay said notes, but 
in the fall of 1850, def't told me that he had offered a horse in part paryment 
of the note owed on; in the action in Taylor Co Superior Court and which is now 
being tried; def't said Robert Carson did not want the horse or that __did suit 
him. Pl'f then offered and read in evidence after being object to by defn'd the 
interrogatories of Gampon J. Foy who testified in answer to the 1st 
interrogatory that he knew the parties.

2nd interrogatory. That the original note of which the above was a copy was 
placed in his hands by Robert Carson in the month of January or Feb 1852 for 
witness to collect or have renewed shorty after witness rec'd said note, he met 
def't and informed him he had the note owed on and wanted the money. Deft said 
he did not think he could pay the whole debt, but would try and pay part and 
renew it. Def't further said the greater part of said note was for interest. 
Witness presented said to de'ft in the years 1852, 3 & 4 when last presented, 
said note to def't he refused to renew the note and said he could pay the note 
as well as any other. Witness then reminded him of his promising to pay said 
note and renew it. Def't reply was have I ever said I wouldn't. Witness then 
informed def't that would sue him.
Cross Inter. Witness was not interested in said note at the time he presented 
it 
said note to def't but has since become interested indirectly my instructions 
from Carson was not to let the note go out of date. Wintess neglecting to carry 
out his instruction, he Carson was owing. Witness and Witness took an interest 
in said note.

2nd Cross Inter. Witness is interested in said note by Robert Carson being in 
debt to him. Witness if the money is made on said note, witness gets his 
payment 
of it, if not Carson is to pay him. No one present when witness had the 
conversatin with Def't

Adam Carson
vs
 Jesse Stallings
Ordered by court that the above stated case be suspended and tht execution do 
not proceed until the motino for a new trial be heard.

Eli B Rogers
vs
 Thomas G. Blackman.
Verdict for def't. on motion for counsel for def't that pl'f cousel shew cause 
at the next term of this court why the verdict in the above case whould not be 
set aside and a new trial be gratned and at the same time all further 
proceedings in this case suspended.

Jesse Tennison
vs
Robert Scandrett	bill of recovery and relief
Def't coming in to court to resolve the injunction on the bill answered the 
said 
motion having been ehard by this court that the injunction in said cause be 
resolved and the case proceed.

John Joiner
vs
John Hobbs, Deft and Enoch F. collins, Clmt
Fi Fa. ordered by court dismissed.

The State
vs
Absolem Coursey	Indictment for stabbing
Ordered by court indictment be not proceed and taht the def't be discharged.

Ordered that County Treasurer pay James T. Harmon $7.50 for paper and books 
furnished the court

pg 250

Sarah T. Redmond by her next friend John T. Brown
vs
William Mitchell Adm of Wiley Wormack, dec'd and
James M Redmond and Rhodamie Mitchell, formerly Rhodamie Wormack
BILL FOR ACCOUNT OF SETTLEMENT

The answer of Rhodamie Wommack  (Wormack) formerly Rohuneia Mitchell having 
come 
in at this term of court it is on motion ordered that the above stated cause be 
set down for trial at the next term of this court.

[Marriage of William Mitchell and Rhodamie Warmack in Taylor County 2-13-1854; 
John W. Mitchell and Mary Jane Warmack  May 25, 1854]

Daniel Whatley
vs
James Montgomery de bonus non
of Reuben B. Davis, deceased
BILL & C.
Ordered that a party defendant to the above stated case in the stead of James 
Montgomery dec'd Adm of R.B. Davis be made in the above case by the next term 
of 
court.

A.J. Carson
vs
Jesse Stallings
A brief of the evidence having been agreed upon in the above case, pl'tf 
counsel 
are hereby called on to shew cause at the next term of court why a new trial 
should not be granted.
1st Because there is no evidence to support the verdict
2nd Because the verdict is contrayt to law & evidence
3rd Because the court erred in admitting illegal evidence to wit, the 
interrogatories of Gampoon J. Foy who was Interested in the event of said suit.
4th Because the court failed in its charge to Jury in negligence to charge to 
them that any promise made since 1844 should have been in writing.

Be it remembered that at the request of the Superior Court, the State of 
Georgia 
against Alexander M.K.  Swift being an indictment for assault and battery came 
into
trial, and the jury being empanelled and drawn to try said cause when the 
defendant by his counsel W.W. Corbitt and Benj F. Reese then and there moved 
the 
court to quit said indictment upon the grounds that the allegations in said 
indictment that said defendant on the 16th July 1856 with __ arms in and upon 
one Harriet H. Hamlin did make an assault and then and there the said Harriet 
Hamlin did beat, bruise, wound and otherwise ill treat -- did not charge and 
set 
forth that such beating was unlawful and that said allegation did not charge 
and 
set forth any thing facts or circumstances which would make an assault to which 
motion the court overruled and therefore the defendant by his said counsel, 
excepted and assigns the same for error and now within 30 days from the 
adjournment of said term of said Court come the same Alexander M K Swift and 
asserts them his exceptions in writing and prays the same signed and certified 
agreeable to law.

Due and legal service of the within Bill of Exception, acknowledge and waive 
all 
other or further service, acknowledged and waived this Oct 9th 1856. 
I do hereby certify that teh foregoing bill of Exceptions is true and contains 
all the facts in a trial to a cear understanding of the error complained of and 
Clerk of the Sup Court is hereby directe to make out a full and complete copy 
of 
the record, and to certify and send up to the Supreme Court of the 2nd District 
of Georgia to be held at Macon on the 4th Monday in January next.


In answer to the Rule Nises of Eralburt W. Miller vs Joseph Johnson obtained at 
the April Term of the Superior Court, the defendant shows forecause for fact 
that on the 1st Tues in Dec last, William W. Wiggins, then acting deputy 
Sheriff 
did expose to sale the interest of said defendant in the north half of lot of 
land #195 in 12th District of originally Muscogee, now Taylor County but this 
defendant sayeth that the whole of said half of lot of land was not sold 
neither 
was it offered for sale for this def'd saith that several days previous to said 
sale, he did make an affadavit stating that this land was all he had and that 
according to law he was entitled to the number of 65 acres out of said land, he 
being insolvent and entitled to the same by the law, this def't further shewest 
that on the day of said sale, said Sheriff did give to the public of the facts 
aforesaid and only sold the balance of said half of land exclusive of the 65 
acres aforesaid which 65 acres had been laid off to def't around and including 
the building on said land. this defend't further sheweth that of said Miller 
did 
set a deed from James Layfield, Sheriff, to said land said Sheriff was wholy 
innocent of the facts at time of making said deed and through mistake or 
misapprehension of said fact made said deed. This defend't further shoewe that 
these are all the facts as he remebmers them and prays that this may be taken 
as 
his answer to said rule nisi.
Joseph Johnson

Ordered that Court Treasurerer pay Catherine Cannon $20.80 for 52 meals 
furnished for jurors in Criminal cases at 40 cts per meal.  Oct 11, 1856

John Hudson
vs
Henry N. Duke
Decree and motion for new Trial.  Upon hearing the above motions, ordered a new 
trial on grounds of newly discovered evidence.


The State
vs
James Hesters  ARSON
It appears that James Acre, Zachariah Parks and John Parks of Marion County 
served as witness in the above case for 6 days; John Bozeman (6 days)and 
William 
Bozeman (2 days) and Seth W. Mulder of Taylor, 2 days--ordered that each of the 
witnesses be paid legal fees.

LIST OF GRAND JURORS DRAWN FOR APRIL TERM 1857

John F. Herricks
Robert Brown
J.W. Ellis
John Bradley
Wm H. Dickerson
Levin Layfield
L.R. Stephens
Drury Lawson
H. Beavers
Charles Grant
Benjamin Wilson
C. Whittington
W. Burnett
J.D. Gray
Drury Averett
Wiley Lawson
John W. Smith
F. Buchanan
C. Stewart
Willis Edwards
J.M. Barker
John L. Garrett
C.D. Bynum
Wm Bryant
Wilborn Jinks
Rowland Hutson
Thomas Taylor
Wm Alexander
Wm Parks
Geo A. Heath
Wm NcInvail
Wm H. Williams
G.M. Lary
Wm Davis
Thos Cameron
John A McCrary
John A McCrary
Willis Jinks
M. Brooks
E. Duke
Jas Vincent
J.P. McCrary
W. Thompson
Benj Posey
Wm Stewart
Robt Walker
A Windham
Robert Slaughter
A. W. Martin

Presentments of Grand Jury Superior Court Term of October 1856
We, the Grand Jury, make the following presentments:
We congratulate our fellow citizens upon the evident suminition of crime in 
this 
county since its formation evident from the fact of so few criminal 
prosecutions 
at this present term of the court.

The Honorable the Inferior Court upon whom the duty involves, we learn have as 
soon as the funds of the county will warrant it determined to make thorough 
repairs of the Jail.

We find in investigation that the public roads of the county are all in good 
order.

We suggest a rigid enforcemtn of the laws against transgression in the sale of 
spiritous liquors to white persons or Negroes at any time also against any men 
engaged in gambling or blying at cards for money.

Expressed thanks to Honoroble Judge Worrill, and Solicitor General, Thadeous 
Oliver.
T.J. Riley,foreman
H.H. Long
J.C. McCants
J.H. Winchells
M.R. Brown
T.P. Humphries
E.F. Collins
A.L.N. Wilson
Jacob W. Bickley
Joseph Riley
Joseph Sheridan
T.H. Brown
T. Walling
C. Hamlin
J.B. England
Z. Watkins


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