Introduction to Hibbard for the use of Hungerford & Livingston v. Miller and JS

Document Transcript

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.
 

Footnotes

  1. 1

    William S. Hungerford and Richard M. Livingston were “wholesale dealers in drygoods, boots and shoes” in St. Louis. (Keemle, St. Louis Directory, for the Years 1840–1, 28; Dunn, St. Croix, 80.)  

    Keemle, Charles. The St. Louis Directory, for the Years 1840–1: Containing the Names of the Inhabitants, Their Occupations, and the Numbers of Their Places of Business and Dwellings; With a Sketch of the City of St. Louis. . . . St. Louis: By the author, 1840.

    Dunn, James Taylor. Marine on St. Croix: From Lumber Village to Summer Haven. Marine on St. Croix, MN: Marine Historical Society, 1968.

  2. 2

    Promissory Note to Davidson Hibbard, 11 May 1840.  

  3. 3

    An Act concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 402, sec. 1. The $0.81 presumably represented interest. Extant documents do not indicate the common law action employed by Hibbard.  

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

  4. 4

    Summons, 27 Nov. 1840 [Hibbard for the use of Hungerford & Livingston v. Miller and JS]; Judgment, 14 Dec. 1840 [Hibbard for the use of Hungerford & Livingston v. Miller and JS].  

  5. 5

    Scammon, Reports of Cases, 2:[xi]–[xii]; Hancock Co., IL, Circuit Court Records, vol. C, p. [1], microfilm 947,496, U.S. and Canada Record Collection, FHL.  

    Scammon / Scammon, J. Young. Reports of Cases Argued and Determined in the Supreme Court of the State of Illinois. 4 vols. St. Louis: W. J. Gilbert, 1869–1870.

    U.S. and Canada Record Collection. FHL.

  6. 6

    Docket Entry, Judgment, 8 May 1841 [Hibbard for the use of Hungerford and Livingston v. Miller and JS]. When a party appealed a case and the appellate court affirmed the judgment of the lower court on all counts, it suggested the appeal either had no merit or was filed so that the defendant could delay the penalty. If the judge felt the appeal “was prosecuted for delay,” he could assess damages not to exceed 10 percent of the amount of the judgment. (An Act concerning Costs [10 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 198, sec. 19.)  

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

  7. 7

    Docket Entry, between 25 June and ca. 3 Sept. 1841 [Hibbard for the use of Hungerford & Livingston v. Miller and JS].