Introduction to Hibbard for the use of Hungerford & Livingston v. Miller and JS
Hibbard for the use of Hungerford & Livingston v. Miller and JS
Carthage, Hancock Co., Illinois, Justice of the Peace Court, 5 December 1840
Hancock Co., Illinois, Circuit Court, 8 May 1841
Historical Introduction
On 27 November 1840, commenced a claim the mercantile firm Hungerford & Livingston against and JS for repayment of a debt. JS and Miller had become indebted to Hibbard on 11 May 1840 for $85.00, with payment due on 6 November 1840. Sometime before November, Hibbard apparently transferred the note to Hungerford & Livingston. By the end of November the debt remained unpaid and Hibbard initiated an action for $85.81 against JS and Miller before , a justice of the peace in , Illinois, who was authorized under law to hear debt cases for sums that did not exceed $100.00. Marshall issued a summons notifying JS and Miller to appear before him on 5 December 1840 to answer the suit. Although JS and Miller received notice of the December court date, for unknown reasons neither appeared on the appointed day. Marshall issued a default judgment awarding the plaintiff $85.41 and ordering the defendants to pay the court costs.
filed an appeal with the Circuit Court in mid-December 1840, not long after judgment was entered against him and JS. On 8 May 1841, , a member of the Supreme Court assigned to the fifth judicial circuit, heard the appeal and ruled in favor of , awarding him $87.50 for the original debt and interest. In addition, the defendants were ordered to pay court costs and damages of $8.75 “by reason of this appeal having been prosecuted for purposes of delay.” The judgment was paid in full by 3 September 1841.
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
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