Court Case

Court Case: James H. Johnston vs. Abraham Miller & John McCord

Ref: Court Case - Platte County, Missouri - JAMES H. JOHNSTON VS. ABRAHAM MILLER
$56.87 Platte County, Missouri, February 27, 1843
Three months after date we promise to pay to James H. Johnston or order, the sum of Fifty-six dollars and 87 cents, with interest thereon at the rate of ten per centum per annum from date until paid, for value received. Negotiable and payable without defalcation or discount.

Debt, $56.87
Interest, $3.90
Justice fees, $.56
Const fee, $.25
Iss. warrant, $.25

Notice $.25

The State of Missouri
To the Constable of Carrol Township, in Platte County --GREETING. We command you to summons JOHN MCCORD and ABRAHAM MILLER to appear before the undersigned, one of the Justices of the Peace of Carrol township in Platte county, on the 2nd day of August, 1843 at 10:00 in the forenoon, at my office in the same township, to answer the complaint of JAMES H. JOHNSTON
Given under my hand, this 28th day of June 1843
JAMES S. THOMAS, Justice of the Peace

I executed the within Summons on the within named ABRAHAM MILLER by reading the same to him in Carroll Township in Platte county, H BROWN
By Wm. R. Spratt, D.M.?, July 11th, 1843

The State of Missouri, To the constable of Carrol township in Platte county GREETING. Whereas JAMES H. JOHNSTON on the 2nd day of November 1843 obtained judgement before the undersigned Justice of the Peace of Carrol township in Platte county against ABRAHAM MILLER for $60.77/100 dollars for his debt and damages and also for 81 cents for costs. You are therefore commanded to buy the same of the goods and chattels of the said ABRAHAM MILLER according to the law. You are further commanded to return this writ to the undersigned Justice within 60 days from the date given under my hand this 3 day of November 1843. Jas S. Thomas, J.P.

Come to hand Novm. 8th 1843 Hamilton Brown Const C.P countermanded by the Justice from whom this met no ishused Novm 9th AD 1843 H. Brown Const.

We the undersigned ABRAHAM MILLER and MATTHEW M. HUGHES acknowledge outselves indebted to JAMES H. JOHNSTON in the sum of one hundred dollars to be void upon this condition whereas ABRAHAM MILLER has appealed for the judgement of JAMES H. JOHNSTON plaintiff and ABRAHAM MILLER defendant. Now if on such appeal the judgement of the justice be affirmed or if on the trial -- in the circuit court Judgement be given against the appellant and he shall satisfy such judgement as if his appeal shall be dismifsed and he shall pay the judgement of the Justice together with the costs of the appeal to recognizance shall be void No 9 1845
Atteste S. D. Thomas

Jas H. Johnston vs. A. Miller = Dismissed Filed April 1, 1844
James H. Johnston vs. appeal Abraham Miller In the Platte Circuit Court April Term 1844
We hereby agree that this case be dismissed at the defendants costs. April st 1844

COSTS TAXED Jas. H. Johnston vs. A. Miller - Transcript
Filed the 20th of February 1844 JEFSE MORRICE Clk
Action of debt in note for $56.87 dated 27th Feb 1843 due with interst 10 per cent
June 28th 1843 summons issued returnable 2 August 1843. Aug 2 summons returned executed on ABRAHAM MILLER and on motion of defendant this cause is continued until the 2nd day of Nov. next. Now at this day Nov. 2, 1843 the defendant MILLER was called and came not but made default. It is therefore considered by me that said plaintiff recover against said defendant ABRAHAM MILLER the sum of $56.87 dollars for his debt and $3.90/100 dollars for his damages and costs of suit. Nov. 3, 1843 ex for 60 days.
Nov. 9th Defendant applied for an appeal which was granted being Nov. 10. Execution returned by my order.
Debt, $56.87
Interest, $3.90
Justice fees, $.56
Const fee, $.25
Execution, $.25
Notice of Ex, $.25
Transcript, $3.71

Jas. S. Thomas, J.P.
State of Mifsouri, County of Platte
I, James S. Thomas, a Justice of the Peace within and for the county aforesaid do hereby certify that the foregoing is a full true and perfect transcript of the judgement by me issued in the above cause. Given under my hand this 15th day of July 1844 (signed) Jas. S. Thomas, J.P.