Superior Court Records

April 1827 Thomas Dooly Junr. vs. Thomas Bryant Habersham Co., Superior Court Writ Records Pages 96 No 33

To the Honorable the Superior Court of Said County. The Petition of Thomas Dooly Junior humbly sheweth that Thomas Bryant of Said County owes to and from your petitioner injustly detains the sum of one hundred and seven dollars sixty two & a half cents besides interest.

For that whereas the said Thomas Bryant on the first day of March eighteen hundred and twenty seven was indebted to your petitioner the sum of money aforesaid for divers goods wares and articles of trade by your petitioner before that time sold and delivered to the said Thomas Bryant at his Special instance and request and being so indebted and in consideration thereof afterwards to wit on the day and year aforesaid the said Thomas Bryant undertook and faithfully promised to pay your petitioner the aforesaid sum of money whenever there unto afterwards requested and where also the said Thomas Bryant afterwards (to wit) on the year aforesaid indebted to your petitioner in one other sum of money aforesaid for so much money of your petitioner and by your petitioner to & for the use of the said Thomas Bryant before that time paid laid out and expended and being so ordered the said Thomas Bryant in Consideration thereof afterwards to wit on the day & year aforesaid undertook and faithfully promised to pay your petitioner the sum of money last aforesaid whenever thereunto afterwards requested. And whereas also the said Thomas Bryant the day and year aforesaid was indebted to your petitioner in one other sum of money aforesaid for to much money by the said Thomas Bryant before that time had and received to the use of your petitioner in consideration thereof afterwards to wit on the day and year aforesaid undertook and said faithfully promised to pay your petitioner the sum of money last mentioned whenever thereunto requested. Yet the said Thomas Bryant not regarding his several undertakings & promise as a foresaid made to your petitioner but contriving & fraudulently intending to deceive your petitioner in his behalf hath not paid your petitioner the aforesaid sum of money or any part thereof although thereunto often requested but the same to pay hath hitherto refused and still doth refuse to the damage of your petitioner two hundred and sixteen dollars. Wherefore he prays process may your requiring the said Thomas Bryant personally or by attorney to be and appear at the next Superior Court to be holder in & aforesaid County then & there to answer your petitioner in an action of assumpsit. LC

..1 note on Wm McDaniel from a____(hard to read) & interest taken to collect $42.12L 42.12L

October 1829
No 16 Habersham Superior Court October Term 1829
George Lewis vs Thom? Dooly Jr
Georgia
Habersham County
To the Honorable the Superior Court of the County aforesaid. The petition of George Lewis humbly shows that Thomas Dooly Junior of said County has injured & damaged your petitioner one thousand dollars, For that whereas the said Thomas on the thirteenth day of July eighteen hundred and twenty nine with force & arms in the county aforesaid assaulted your petitioner & then & there with great force and violence seized and laid hold on your petitioner by his throat & greatly squeezed & scratched the same & with a certain stick & with his fist gave and struck your petitioner a great many violent blows & strokes(?) on and about his head face breast arms & other parts of his body and also then & there with force & violence shook & pulled your petitioner about and cast & threw him down to & upo n the ground & then & there violently kicked him & gave him many other grievious blows & stroks(?) and also then & there with great force & violence rent tore & damaged the close(sp.) & wearing apparel to wit one waist coat one shirt & one pair of pantaloons of your petitioner of great value to wit of the value of five dollars which your petitioner then & there wore & was clothed with By means of which said several premises your Petitioner was greatly scratched bruised & wounded & was in consequence there of sick sore and lame & so remained & continued for a long space of time to wit for the space of one whole week then next following, and also for that the said Thomas Dooly Junior on the thirteenth day of July eighteen hundred twenty nine with force and arms to wit with knives sticks and clubs stones fists & feet & nails made another assault on your petitioner to with in the county aforesaid & then & there greatly beat bruised wounded & ill healed(?) him & other wrongs to your Petitioner then & there did contrary to the peace of said State & to the damage of your petitioner one thousand dollars And therefore he brings suit . I pray process(?) may your commanding the said Thomas Dooly Junior personally or by attorney to be and appear at the next Superior Court to be held in & for the County of Habersham then & there to answer your petitioner in an action of ________________
Turner H. H. Trippe
Atts pro Plff(?)
Superior Court Writ Records 1828 - 1830 (Civil Records ) Habersham County Pages 135

Superior Court Writ Record – 1831-1833
Page 64

No. 4 Habersham Superior Court October Term 1830

Jas. W. Whitfield VS Matilda Whitfield} Libel for divorce

Georgia- Habersham County

To the Honorable A(ugusta) S. Clayton judge of the Superior Court of the said State. Humbly complaining showeth unto your Honor your orator James W. Whitfield that heretofore some time in the month of May eighteen hundred & twenty nine he married his present wife Matilda Whitfield then Matilda Eadens supposing she would make a comfortable affectionate & kind companion but so it is may it please your Honor that instead of realizing these hopes your orator soon found his wife Matilda to be unkind indolent incontinent and extravagantly wasteful yet your Orator states that he will continue to endeavor to dissuade her from her follies and ever treated her with the most tender regards and affection for the period of six or eight months when the said Matilda his wife becoming so far forgetful of her relations as a wife that she secretly took and conveyed away your orators horse & saddle without his knowledge or consent and in some way disposed of the same but your Orator knows not how or in what way or to whom and continued about from your Orator for some time strutting through the county with other men keeping their company & frequently & openly committing adultery with them consequent to which your orator states the said Matilda returned to him professing penitence for her errors & promised reformation yet your Orator saith the said Matilda only remained with a few days when returning to her old practices she left the bed & board of your Orator & took up with & went off to Buncombe County with other men daily committing adultery with them and utterly & wholly refuses to return to your Orator or to live with him. Whereupon your Orator says his peace happiness & prospects of connubial filially are destroyed. In tender consideration of all which promises your Orator pray for a divorce a vin__ to matrimonii & that such other & further proceedings may be had as are usual in such cases and your Orator with every pray.

Wm. H. Stutman

Jas. W. Whitfield VS Matilda Whitfield} Libel for divorce

The dependant is hereby required to be and appear personally or by attorney at the next Superior Court to be held on the third Monday in October next then & there to answer the plaintiff in an action for a divorce & as in default there of the court will proceed as to justice shall appertain witness the Honorable A.S. Clayton judge of said court this 12th day of August 1830.
John T. Carter c.s.c.

Sept 25th the deft is not to be found in this county
A. Mauldin d.shff.
Dismissed
Whereupon it is considered by the court that the deft. do recover of the plff. The sum of seven dollars seventy five cents for his costs.
W.H. Stutman

Superior Court - Writ Record Book 1832 - 1833
No. 51 Habersham Superior Court October Term 1832

Jos. T. Whitfield VS John Humphries} debt

Georgia Habersham County} To the Honorable the Superior Court & said County & State.

The petition of Joseph T. Whitfield humbly showeth that John Humphries of said county owes to & from your petitioner unjustly detains the sum of forty four dollars besides interest for that whereas the said John on the twenty third day of April eighteen hundred & thirty one made & delivered to your petitioner his certain instrument in writing commonly called a promissory note his own proper hand & name being thereto subscribed the date the day & year aforesaid and which is now here shown to the court whereby five days after date thereof he promises to pay to your petitioner (written T. Whitfield) or bearer forty four dollars for value received (written record) yet the said John although is indebted and often requested hath not paid your petitioner said sum of money or any part thereof but the same to pay hath hereto wholly refuses and still doth refuse to the damage of your petitioner eighty five dollars and therefore he bring suit & prays that process may your requiring the said John Humphries personally or by attorney to be and appear at the next Superior Court to be held in and for said county to answer your petitioner in an action of debt.

Terrell Rusk ____

Georgia
Habersham County} To the Sheriff of Said County Greetings

Jas. T. Whitfield VS John Humphries} debt
The defendant is hereby required to be and appear personally or by attorney at the next Superior court to be held in & for said County on the third Monday in October next then & there to answer the plaintiff in an action of debt as in default thereof the court will proceed as to justice shall appertain.

Witness the Honorable C. Daugherty Judge of said court this 19th day
Sept 1832.
J. T. Carter c.s.s