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Robertson Co TN
Circuit Court Minutes Book B
1838 - 1842

May 10, 1838 Thursday
pg 11)
State vs John MALLONE - Indictment for an Affray
This day came the attorney general in behalf of the state and the defendant in proper person who being arraigned and charged on said bill of indictment pleads not guilty and for his trial puts himself upon the county and the attorney general doth the like and thereupon came a jury of good and lawful men, to wit, ___ FLETCHER, Eli LAWSON, James M. TOLLISON, Eli VAUGHAN, A.C. ___, James DOSS, Michael FISOR, W.W. POPE, James POWELL, Wm AYERS, Clement BROWN and Joshua GARDNER who being duly elected, tried and sworn will and truly to try the matters in this dispute between the state of Tennessee plaintiff and John MALLONE defendant and a true verdict made according to evidence upon their oaths do say that they find the defendant guilty in manner and form as charged in the bill of indictment exhibited against him. It is therefore considered by the court that the defendant be fined two dollars, pay the cost of this prosecution and remain in custody of the Sheriff until the fine and cost be paid, made secure or be lawfully discharged and thereupon came Thos B. MATTHEWS and assumed both the defendant, the fine and cost aforesaid. It is therefore adjudged by the court that the state of Tennessee recover of the defendant and his security the cost & fine as they have assumed and that execution issue therefore.
John P. CHAMBERS vs Joseph WINFIELD & others
This day came the parties by attorney and thereupon this cause is continued by consent until the next term of this court.
Daniel P. BRADEN vs John K. PAYNE
This day came William HALEY a Justice of the Peace and files here in court a judgement by him rendered on the 7th day April 1838 against the defendant in favor of the plaintiff for the sum of seven dollars debt besides seventy five cents cost of suit upon which judgement execution was levied by R. GRIFFIN constable of said county on the 23rd day April 1838 on fourteen acres of land as the property of John K. PAYNE there being no personal property whereupon to levy said execution which land lies in Robertson County ajoining the lands of Warren D. PAYNE, Moses McCARLEY & others on the waters of Red River.

May 1838
pg 13)
and that they be required to appear at the next term of this court to show cause if any they have why judgement final should not be entered up against them.
State vs Benjamin TATUM - Indictment for Selling Spirits to Negro
This day came the defendant and pleads guilty to the bill of indictment exhibited against him. It is therefore considered by the court that the defendant be fined fifty dollars pay the cost of this prosecution & that he remain in custody of the sheriff until the fine and cost be paid, made secure or be lawfully discharged and thereupon came Joseph TATOM into open court and ___ with the defendant the fine and cost assessed against him. It is therefore considered by the court that the state of Tennessee recover of Benjamin TATOM and Joseph TATOM by security the fine and cost as they have ___ and that execution issue therefore.
Ordered by the court that Caleb __ be fined five dollars for a contempt.
State vs Norfleet HART - Indictment for ___
This day the attorney general on behalf of the state and the defendant in proper person who being arraigned and charged on said bill of indictment pleads not guilty and for his trial puts himself upon the court and the attorney general doth the same and thereupon came a jury of good and lawful men, to wit, John P. CHAMBERS, W.H. JOHNSON, Thos J. POLK, James CAMPBELL, John KRISEL, John CUTTERSON, Solomon FISOR, James H. BRYAN, James SEAL, Nathan MORRIS, Burrell BABB and Isaac FARMER who being duly elected, tried and sworn will and truly to try the matters in dispute between the state of Tennessee plaintiff and Norfleet HART defendant and a true verdict rendered according to evidence upon their oaths do say that they find the defendant not guilty as charged on the bill of indictment. It is therefore adjudged by the court that the defendant go hence without delay and recover of the state of Tennessee the cost of this prosecution.

Sep 4, 1838
pg 33)
James W. PERRY vs James DOSS - this day came the parties by attorneys and thereupon came a jury of good and lawful men, to wit, William PRICE, James WOODARD, John BYBEE, Robt GUNN, Marmaduke MASON, John FORBES, William BALDARY, Grafton WINFIELD, John H. JERNIGAN, David TAYLOR, & Nathaniel MORRIS who being duly elected, tried and sworn will and truly to try the issues joined between the parties and true verdict render according to evidence upon their oaths do say that they find the issues in favor of the plaintiff an do assess the plaintiffs damages at one hundred and seventy dollars and sixty six cents and thereupon the defendant by his attorney moves the court for a new trial in this case.
Michael G. TURNER vs Thos. WILLIAMS - This day came the parties by attorneys and thereupon the defendant offers his affidavit for a continuance of this cause. Ordered by the court that this cause be continued until the next term of this court and that the defendant pay the cost of this term.
David WALTON and John GRANT vs Geo. C. CONRAD - This day came the plaintiff by attorneys and agrees to dismiss this suit upon payment of the cost of the defendant & thereupon came the defendant and assuring the cost in this behalf expended. It is thereupon ordered by the court that this cause be and is dismissed and that the plaintiff recover of the defendant as he hath ___ & execute on issue accordingly.
The grand jury in a body returned into court a bill of indictment against Thos FISHER for retailing liquors in a __ quantity than a quart indorsed thereon a true bill & signed R. ___ M____ foreman of the grand jury.

Sep 1838
pg 47)
recover of the defendant the cost in this behalf expended & that execution issue therefore.
State vs Henry P. JAMES - This day came the defendant and offered his affidavit for a continuance of this cause. It is thereupon ordered by the court that this cause be continued until the next term of this court whereupon came the defendant and John W. JUDKINS and acknowledged themselves indebted to the State of Tennessee in the sum of five hundred dollars. viz two hundred and fifty dollars each to be levied of them proper goods and chattles, land and tenements respectively but to be void on conditioned that the said Henry P. GAINES make his personal appearance before the next circuit court be holden for the county of Robertson at the courthouse in the town of Springfield on the first Wednesday after the first Monday in Janruary next and remain in & before said court until he be thereupon lawfully discharged.
State vs Joseph LEUK - Indictment for Assault & Battery
This day came the defendant in proper person and pleads guilty to the indictment against him, it is therefore adjudged & considered by the court that the defendant be fined one dollar & pay the cost & in his behalf expended & that execution issue therefore.
State vs David DARDEN - This day came the Attorney General on behalf of the defendant in proper person who being arraigned & charged on the indictment pleads not guilty & for his trial puts himself upon the county and the Attorney General doth the like and thereupon came a jury of good and lawful men, to wit, William PRICE, James WOODARD, John BERNARD, _ NORFLEET, John P. CHAMBERS, Marmaduke MASON, Gunnell NICHOLSON, & W BALDRY, __ WINFIELD, John JERNIGAN, David TAYLOR & Nathaniel DORRIS who being duly elected, tried and sworn to try the matters in dispute and a true verdict render according to ___ upon their oaths do say that they find the defendant not guilty. It is therefore considered by the court that the defendant go hence without delay & that this cost in this behalf expended be certified by the county court.
It is ordered by the court that John HARDEMAN & Stephen McCORMACK be levied five dollars each for a certificate.

Sep 6, 1838 Thursday
pg 48)
State vs John DUNCAN
This day came the Attorney General on behalf of the State and the defendant by attorney the court to set aside the forfeitous taken against him and his security on this day whereupon it is considered by the court that the forfeitous be set aside upon the payment of the cash whereupon the defendant John DUNCAN and Joseph WINFIELD and acknowledge themselves justly indebted to the State of Tennessee in the sum of two hundred and fifty dollars cash to be levied of their goods and chattles, lands and tenements to be void on condition that the said John DUNCAN make his personal appearance before the next circuit court to be holden for said county of Robertson at the courthouse in the town of Springfield on the first Wednesday after the first Monday in January next and not depart said court until leave first had and obtained.
State vs William BUITON
This day came the Solicitor General on behalf of the State and the defendant in proper person who being arraigned and charged on the bill of indictment pleads not guilty & offer his affidavit for a continuance of this cause whereupon it is ordered by the court that his cause be continued until the next term of this court and thereupon to defendant & John BUITON and W.W. POPE acknowledged securities indebted to the State in the sum of eighteen hundred dollars that is to say the defendant in the sum of one thousand dollars and the said John BUITON & W.W. POPE jointly & severally in the sum of eight hundred dollars to be levied of their proper goods and chattles, lands and tenements respectively to be void on condition that the said William C. BUITON make his personal appearance before the next circuit court to be holden for Robertson at the courthouse in the town of Springfield on the first Wednesday after the first Monday in January next and not depart said court until leave first had and obtained.

1839
pg 144)
At a circuit court began and held for the county of Robertson at the courthouse in the town of Springfield on the first Monday in Septemeber 1839 it being the 2 day of said month present the Honorable M.A. MARTIN judge presiding whereupon proclamation being made at the courthouse door the Sherif of said county, to wit, Josiah W. HICKS returned into court the venire directed from the worshipful ___ county court for said county in the words and figures following ___.
State of Tennessee Robertson County June term 1839
It is ordered by the court that the following gentlemen be and they are hereby appointed as jurors to serve at the circuit court to bh held for the county of Robertson at the courthouse in the town of Springfield on the first Monday in Septemeber next, to wit, George BLAIR, Wilson HUTCHINSON, John SAMUEL, Andrew WILSON, Elisha WILLIS, Amos MOORE, Willie HOLLAND, Jarrat IVY, Alexander GUNN, John DENTON, Horatio ___, Samuel DUNN, William P. PERRY, Isaac NEWTON, Isham BLACK, Kinchen H. WOODARD, Richard W. MANTLE, Henry ___, Leroy COVINGTON, Hawkins CHOAT, Lewis CLINARD, Henry FREY, Thomas W. HARRIS, James W. HUNT and ___ R. OWEN together with Green BENTON Constable to attend the same and that the Sheriff summon the same.
A copy. Test W. SEAL, clerk
Upon which venire is the following indorsement by the Sheriff, to wit, came to hand the day of issuance commenced all the above or within named gentlemen. 27 August 1839
J.W. HICKS, Sheriff of Robertson County
Out of which the following good and lawful men of said county were elected grand jurors for said term of said court in due form of Hon., to wit, Willie HALL and Andrew WILSON, George BLAIN, Elisha WILLIS, Hawkins CHOAT, Lewis CLINARD, Harry ___, Samuel DUNCAN, Alexander GUNN, Amos MOORE, Henry S. FREY, James H. IVY & Zadok OWEN & thereupon the court appointed William HOLLAND foreman of the grand jury who with the other twelve being sworn and charged retired to consider of presentment with Samuel GILBERT Constable sworn to attend the same.
Solicitor General Pro Tem
It appearing to the court that William K. TURNER Esqr. had tendered to the Governor, his excellency, Newton CANNON his resignation of the office of Solicitor General which took effect before the commencement of this term of the court. The court hath thereupon appointed Hugh GARLAND Esqr. Solicitor pro tempore for this term of the Court.

Jan 10, 1840 Friday
pg 183)
William VILLINES vs Nancy CAIN
This day came the parties by attorneys and thereupon by agreement of the counsel on both sides it is ordered by the court that the plaintiff recover of the defendant one cent damages together with the cost in this behalf expended and that he have his execution therefore.
Morgan ALLISON vs John STUBBLEFIELD
This day came the parties by attorneys which the defendant agreed, offered his affidavit for a continuance of this cause ordered by the court that this cause be continued and that the defendant pay the cost of this term & that they have execution therefore.
C. MORGAN & others vs John STUBBLEFIELD
This day came the parties by attorneys whereupon an affidavit of the defendant's agent, it is ordered by the court that this cause be continued until the next term of this court & that the defendant pay the cost of this term that execution issue.
Thos J. POLK vs Geo B. HOSSEN?
This day came the parties by attorneys & thereupon it is ordered by the court in an affidavit of the plaintiff that this cause be continued until the next term of theis court & that the plaintiff pay the cost of this term let execution issue therefore & by consent each party has leave to take the deposition of witnesses upon giving ___ party notice of the time & place of taking the same.
Martin WALTON vs George BELL
This day came the parties by attorneys & thereupon it is ordered by the court that this cause be continued until the next term of this court.
Geo PRESTON vs R.R.P. PENELL
This day came the parties by attorneys and an affidavit of the defendant. It is ordered by the court that this cause be continued until the next term of this court and that the defendant pay the cost of this term that execution issue.

Jun 8, 1840 Monday
pg 222)
properly found to satisfy this claim. It is therefore ordered by the court that a v___ exponus issue commanding the sheriff to sell the said two tracts of land as the law directs to satisfy this claim and the cost of this motion.
PARK & E___ vs John PIKE - Motion
This day Richard CHOWNING a Justice of the Peace for Robertson county filed here in open court a judgement rendered by him against the defendant for $27.87 debt together with the sum of 75 cents cost of suit on which judgement executing issued on the 30th of Jan 1839 as was levied by Samuel GILBERT Deputy Sheriff & was levied by the said Deputy Sheriff on the 13th Feb 1839 which by is in the words & figures following, to wit, __ this __ __ on one bed & furniture, one chest & three chairs taken as the property of Jno PIKE the above property was held in trust - there is not sufficient property to satisfy the debt therefore levied on the defendants interest in the tract of land which has been divided lying in the 10th District of Robertson county & said to contain 11 or 12 acres adjoining the lands of the heirs of Margaret PIKE & Jane PAYNE & taken as the property of John PYKE & it appearing to the satisfaction of said court from the return of the said Deputy Sheriff that there is no personal property to satisfy this claim. It is therefore ordered by the court that a v___ exponus issue commanded the sheriff sell the aforesaid tract of land as the law directs to satisfy this claim & cost tegether with the cost of the motion.
Martin WALTON vs George BELL - Debt
This day the plaintiff by attorney came into open court and says he will not further present his suit against the defendant and here enters a ___. It is therefore considered by the court that the plaintiff pay the costs and that execution issue.
Thomas J. RYAN vs W.W. POPE & R.O. MANTLE - Appeal from Justice
This day came the plaintiff by his attorney and says he will not present his suit further and here in open court says he takes a non suit. It is therefore considered that the defendant go hence and that they recover of the plaintiff this cost in this behalf expended and that execution issue therefore.
Ordered by the court that Green BENTON & H.J. KIMBLE be ___ from __ __ assessed against ___ at this court.
Court adjourned until court _ ___. M.A. MARTIN

Oct 5, 1840 Monday
pg 223)
At a Circuit Court began and held for the County of Robertson at the Courthouse in the town of Springfield on this 1st Monday in October 1840 it being the 5th day of that month, present the honorable M.A. MARTIN Judge Presiding, Whereupon the Sheriff of said County to wit, Green BENTON returns unto Court the venire directed from the worshipful County Court in the words & figures following, to wit - State of Tennessee
Robertson County Court July term 1840
It is ordered by the Court that a venire issue to the Sheriff, commanding the following gentlemen to attend at the Courthouse in the town of Springfield on the first Monday in October next as jurors to the Circuit Court to wit, Solomon PAYNE, Matthew J. WILLIAMS, James DOSS, John J. POPE, Alexander GORDON, Thomas MARK, Thomas WOODWARD, Uriah YOUNG, James LONG, Brillow BARNES, Levi PITT, Aaron MARNER, Joseph BARNES, Thomas LIPSCOMB, Matthew POWELL, William ADAMS Sr., John H. ENGLAND, Robert CHOWNING, Samuel LAVELY, Wm ANDERSON, Hezekiah DORRIS, Geo. MURPHY, James L. JUSTICE, James W. HUNT, John FERBER together with Washington RYBURN & Richard FARTHING Constables to attend the same.
A copy test, Jo E. WINFIELD, Clk
Upon which venire is the following endorsement by the Sheriff to wit, execution all the within named gentlemen.
Green BENTON, Sheriff
Out of which venire the following good and lawful men of said County were elected grand jurors in due form of law, to wit, Solomon PAYNE foreman of the grand jury, Thomas STARK, Robert CHOWNING, Samuel LAVELY, William ADAMS Sr., Hezekiah DORRIS, James L. JUSTICE, Samuel LONG, John H. ENGLAND, William ANDERSON, John FERBER & Thomas LIPSCOMB, whereupon the Court appointed Solomon PAYNE foreman of the grand jury who with the other twelve being duly sworn and charged, retired to __ of presentments & with Richard FARTHING Constable sworn to attend the same.
Court then adjourned until tomorrow morning half after 8 o'clock.
M.A. MARTIN
Oct 6, 1840
pg 223)
Court met and according to adjournment present the Hon M.A. MARTIN Judge presiding.
The grand jury in a body returned into open court a bill of indictment against Zachariah BOWLES? for an Assault & Battery ___ a true bill & signed by the foreman, Soloman PAYNE foreman of the grand jury who retired to consider? further presentments.
This day Samuel R. BAILEY was sworn & sent to give evidence before the grand jury a bill of indictment against Zachariah BOWLES for assault & battery.

Jun 7, 1842 Tuesday
pg 368)
Whereupon on motion it is orderd by the court that a d__ e__ issue directing the sheriff of Robertson county to sell to the highest bidder for cash as the law directs the above described tract of land to satisfy the plaintiff's demands together with the costs of this motion.
Exparte, the petition of Ephraim & Malaki KRISEL executors of John KRISEL dec'd - Petition to Sell Negroes
This day this cause came on to be heard before the honorable M.A. MARTIN Judge and it appearing to the satisfaction of the court from the petition filed in this cause that the said negroes in the petition mentioned ought to be sold and that an equal distribution cannot be made without a sale. It is therefore ordered and decreed by the court that said negroes be sold after giving 20 days notice and a credit of 12 months and the proceeds appropriate to the payment of the debts. Again said John KRISEL dec'd and the balance held up for distribution amongst the within named children and heirs & report the doings in the ___ to the next term of this court.
Joseph D. POLNER? vs A.M. McLEAN - Attachment
This day came the plaintiff by attorney and here in open court dismisses his suit. It is therefore considered by the court that the defendant recover of the plaintiff the costs in this suit in this behalf expended and that execution issue therefore.
FOSTER & FOGG vs WEST & WILLIAMS - Debt
This day came the plaintiff by attorney and here in open court dismisses this his suit. It is therefore considered by the cout that the defendants recover of the plaintiff the costs in this behalf expended & that execution issue.
William SEAL vs Joseph L. HOLMES - Case
This day came the plaintiff into open court and dismissesthis his suit and thereupon came Joseph RAWLS into open court and assessed the costs in this case. It is therefore considered by the court that the defendant recover of Joseph RAWLS the costs in this behalf expended and that execution issue.
Miss Martha H. CLOPTON vs John K. JOHNSON - Deliver
This day came the parties by their attorneys and thereupon came a jury of good and lawful men, to wit, John WILSON, Azariah DOSS, James M. GUNN, Jonah LAWRENCE, John TUCKER, James AMOS, James DUNLAP, Stephen PEPPER, William GRUNING, John ELLMORE, Robert SMITH, John H. SMITH who being duly elected, tryed and sworn, to try the issues joined in this case wherein Martha H. CLOPTON as plaintiff and John K. JOHNSON as defendant and a true verdict rendered according to evidence, but there not remaining sufficient time of this day for the jury to render their verdict, they were permitted by the court to disperse untill tomorrow morning 9 o'clock.
Court then adjourned till tomorrow morning 8 o'clock. M.A. MARTIN

Feb 14, 1843 Tuesday
pg 448)
Martin WALTON vs John BIGBEE - Certiorari
This day came the parties by their attorneys & thereupon came plaintiff council & moved the court defendant give security in this cause as the law directs whereupon the court order that the defendant give security accordingly on or before the calling thereof or the same will be dismissed. Whereupon came into open court Jo E. WINFIELD and acknowledged himself John S. BIGBEE security for the costs & damages in this cause should he fail therein.
Reuben GOWEN vs A.D. & A.B. YOUNG - Debt
This day came the parties by their attorneys and thereupon came a jury of good & lawful men, to wit, P. McINTOSH, David ELLIOTT, Stephen PEPPER, William ___, John C. DRAUGHAN, John GAMBRIL, Wm BRIDGES, Rich CHOWNING, Thomas STANLEY, James WATTS, Benjamin S. WILLIAMS, Daniel C. JOHNSON who being duly elected, tryed and sworn will and truly to try the issues joined between the parties, do upon their oaths say that they find the issue in favor of the plaintiff & that the defendants do owe the plaintiff the sum of two hundred & seventy four dollars 38/100 debt and the further sum of fifty five dollars & 88/100 damages making in all the sum of three hundred and ___ dollars & 6/100. It is therefore considered by the court that the plaintiff recover of the defendant the sum of three hundred & thirty dollars & 6/100 the debt and damages found by the jury aforesaid teoether with the cost in this suit in this behalf expended for which an execution may issue.
Joseph D. POLSON vs __ M. McSEAN - Case
This day came the parties by their attorneys & thereupon came the plaintiff by his council & as on affidavit this cause stands continued till next term of this court. It is therefore considered by the court that the defendant recover of the plaintiff the costs of this term for which an execution may issue.
__ DARDEN vs ___ WHITING - Appeal from J.P.
This day the defendant by his council and moves the court that the plaintiff in this cause give security for the prosecution of the suit on or before the calling thereof on the same will be dismissed which motion is sustained by the court.
Andrew J. HEAD vs Samuel AYERS - Debt
This day came again the parties by their attorneys and thereupon came again the jury that was impanelled, tryed & sworn in this cause on yesterday, to wit, Meredith WILLIAMS, Jesse B. TAYLOR, Joseph FARMER, Pendleton HOLLMAN, Robert GREEN, Geo W. MORRIS, John T. SUMMERS, Robert SMITH, A. HENLEY, Larkin C. GRIFFIN, Thomas PORTER & Jacob COBB who upon their oaths do say that they find the issues in favor of the plaintiff and that the defendants do owe the plaintiff the sum of five hundred and sixty dollars. It is therefore considered by the court that the plaintiff recover of the defendant the sum of five hundred and sixty dollars the debt found by the jury as aforesaid together with the costs in this behalf expended & that execution issue.
The petition of Fidelle(?), Ally, George and Tabitha BUMPAS
Ordered by the court that this petition be referred to the clerk of this court that he take proof showing the value of the tract of land per acre. Also whether it will be for the advantage of the petitioners that their interest in said tract of land in the petition mentioned be sold and make report at this term of the court.

Feb 16, 1843 Thursday
pg 454)
__ G. WOODSON vs __ FREY Exec of M. JORDAN, dec'd - Case
This day came the parties by their attornies and thereupon came a jury of good & lawful men, to wit, Vincent WILLIAMS, Azariah HENLEY, Joseph FARMER, Nicholas H. RYAN, David HERRING, R.C. MANLOWE(?), E.M. REYNOLDS, Albert H. JUDKINS, Edward TUCKER, A.L. FORTUM, Samuel SOLLOMON & Alfred PYKE who being duly elected, tryed & sworn will and truly to try the issues joined in this cause between the parties and a true verdict render according to evidence and there not remaining sufficient time of this day for further proceedings in this cause, the jury were permitted to dismiss till tomorrow morning 9 o'clock.
Court again adjourned till tomorrow morning 9 o'clock. M.A. MARTIN

Feb 17, 1843 Friday
pg 454)
Court met this morning agreeable to the adjournment of yesterday morning present the honorable Mortimer A. MARTIN Judge presiding.
___ YEAMAN vs ___ BINKLEY - Appeal from J.P.
Came this day the parties whereupon the court orders that the defendant have leave to take the deposition of W.W. POPE __ be __ by giving the plaintiff 10 days notice of time & place.
__ LOCKHART Admr vs __ CROCKETT - Debt
Came the parties this day whereupon the court orders that the plaintiff have leave to take the deposition of Colo C. CRUSIMAN(?) of Montgomery county by giving the defendant 10 days notice of time & place.
David D. HOLLOMAN vs __ C. STARK - Certiorari
This day came the parties by their attornies & thereupon the defendants council moved this court to dismiss this cause which motion and the arguments had thence on being __ & __ by the court ___ is sustained. It is therefore considered by the court that the defendant recover of the plaintiff the sum of $62.85 the judge __, together with 12 1/2 percent per annum from the __ of said judgement __ to this date & the costs in this behalf expended & that execution issue. Whereupon the plaintiff's council moved the court for an appeal to the next supreme court to be held in Nashville & the plaintiff having entered into bond & security as the law directs, the same is granted.
Martin WALTON Guardian vs __ BIGBEE - Certiorari
This day came the plaintiff by his council and moved the court to dismiss the defendants petition & thereupon the defendants council asked leave to amend his petition which was objected to by plaintiff but the court permitted the defendant to amend his petition. The plaintiff then moved the court to dismiss the defendants original and amended petition which motion was overuled by the court.
__ BIGBEE vs __ HERRING, H. HERRING & David HERRING - Garnishee(?)
This day came the plaintiff by his
pg 455) attorney and moved the court for a judgement against Stephen HERRING upon by __ which motion is by the court ordered to stand continued till next term of this court.
Reuben ROSE vs __ COBB & others
This day came again the parties by their attornies & thereupon camw again the jury that was duly eleced, tryed and sworn in this cause on the 8th day of this term, to wit, Preston McINTOSH, David ELLIOTT, Stephen PEPPER, James SHANNON, John C. DRAUGHAN, John GAMBRILL, William BRIDGES, Richard CHOWNING, Thomas STANLEY, James WATTS, Benjamin S. WILLIAMS & Daniel C. JOHNSON and it appearing that the jury cannot agree in their verdict & the parties by their council being in open court. It is therefore ordered by the court that a mistrial be entered in the cause & the jury discharged.
It appearing to the court from a venire of the dockets that there remains several ___ cases as well as motions, petitions which cannot be reached at this term of the court and the court having already been in session as long as its time well admit. It is therefore ordered by the court that all the cases on said docket not already disposed of stand continued till the next term of this court.
Martin POWELL vs Martin WALTON guardian - Certiorari
This day came the defendant by his council and moved the court that the plaintiff give security in this cause for the prosecution of this suit take the paupers oath on or before the first day of the next term of this court or the same will be dismissed which motion is sustained by the court.
John PEPPER vs Mrs Matilda PEPPER - Petition for Divorce
Be it remembered that on the 17th day of February 1843 the cause came on to be heard and was heard before the honorable Mortimer A. MARTIN Judge & upon the petition and proof in the cause & it appearing to the satisfaction of the court that the allegations in the complainants bill are true. It is therefore ordered, adjudged and decreed by the court that the bonds of matrimony existing between the said John PEPPER and Matilda PEPPER be dissolved. It is further ordered by the court that complainant pay the costs of this suit & that execution issue to collect the same.
James C. DUNN vs BARTLETTS, AYERS & CAMPBELL - Libel
On motion of the defendant's council in these cases to look into & regulate the taxation of the costs therein, the court orders this motion to stand continued till next term of this court.
James WOODROW vs Henry FREY Exec
This day came again the parties by their attorneys & thereupon came again the jury that has already been impannelled, tryed & sworn in this cause, to wit, Vincent WILLIAMS, A. HENLEY, Joseph FARMER, N.H. RYAN, David HERRING, __ __, E.M. REYNOLDS, A.H. JUDKINS, Ed TUCKER, A.L. GORHAM, Samuel SOLOMON & A. PYKE and for the want of time remaining of this day the jury was again dismissed till tomorrow morning 8 o'clock.
Court then adjourned till tomorrow morning 8 o'clock. M.A. MARTIN

Jun 6, 1843 Tuesday
pg 459)
Daniel P. BRADEN vs David DARDEN - Motion
This day came the parties by their attorneys & thereupon came a jury of good & lawful men, to wit, Valentine SIMMONS, Jesse DARDEN, Roland B. DORRIS, James PINSON, James SHANNON, James M. BURTON, Willie HARRIS, Joseph JOHNSON, Willie B. BRYAN, Joseph E. McMURRY, Abraham MOUDY & Nath B. DORRIS who being duly elected, tryed & sworn will & truly to try the issues joined in this case between the parties and a true verdict render according to evidence, do upon their oaths say that they find for the defendant. It is therefore considered by the court that the defendant go hence without delay & recover of the plaintiff the costs in this suit in this behalf expended & that an execution may issue for the collection thereof.
This day the grand jury returned into court in a body with a bill of punishment against W.W. PEPPER & Franklin WALTON for an affray, endorsed thereon a true bill & signed by all the grand jury, who again returned to their room.
Thomas N. ANDERSON vs Robert MITCHELL - Appeal from J.P.
This day came the defendant by his council and moved the court that the plaintiff give security for the prosecution of this cause or the same be dismissed. Whereupon the court doth order that the plaintiff give security for costs in the prosecution of this suit on or before the calling thereof or the same will be dismissed.
Theophilus MORGAN vs Reuben JONES - Ejectment
This day came the parties by their attorneys and thereupon came a jury of good and lawful men, to wit, John C. DRAUGHAN, David HERRING, David M. WELLS, Samuel SOLOMON, Larkin C. GRIFFIN, Willie WOODARD, R.W. OWENBY, Thomsa WOODARD, Isham BLACK, Pendleton HOLMAN, Soloman COBB & Jacob COBB who being duly elected, tryed and sworn will and truly to try the issues joined in this case between the parties and a true verdict made according to evidence do upon their oaths say that they find for the defendant.
It is therefore considered by the court that the defendant go hence without delay and recover of the plaintiff the costs in this behalf expended & that execution issue.
A.C. GAINS vs David DARDEN - Case
This day came the parties by their attorneys & thereupon by consent it is ordered by the court that this cause stand continued till next term of this court.
Joseph D. POLSON vs A.M. McSEAN - Case
This day came the plaintiff by his attorney & __ says in open court that he will no further prosecute his suit but freely dismiss the same. It is therefore ordered by the court that the defendant go hence without delay & recover of the plaintiff his costs in his suit in this behalf expended & that execution issue.
Eli LOCKHART Admr vs Wm CROCKETT - Debt
This day came the parties by their attorneys and thereupon by consent it is ordered by the court that this cause stand continued till next term of this court and that the plaintiff have leave to take the deposition of Colo. C. CRUNMAN of Clarksville by giving the defendant 10 days notice of time & place.
Thomas HOLLAND vs Theophilus MORGAN - Trespass
This day came the plaintiff into open court and says he will no further prosecute this suit but freely dismiss the same. It is therefore considered by the court that

Jun 7, 1843 Wednesday
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___ and not depart said court without leave first had & obtained thereof. Ordered by the court that the sheriff be fined five dollars for suffering disorder in court.
This day Holman HAGGARD was sworn and suit to give evidence before the grand jury on a bill of indictment against Meredith WILLIAMS & James W. POPE for an assault & battery & Haywood HERRING to give evidence against Thos J. BENTON for an assault & battery & W.W. PEPPER was also sworn & sent to give evidence against Franklin WALTON & Alexander WALTON on a bill of indictment for an assault & battery.
State of Tennessee vs William ROWLAND - Assault & Battery
This day came the attorney general in behalf of the state and the defendant in proper person who being arraigned & charged upon his arraignment pleads gently in manner & form as charged in the bill of indictment.
It is therefore ordered by the court that the defendant pay the state of Tennessee a fine of twenty five dollars & be in custody of the sheriff till the same be paid, served or be lawfully discharged & thereupon came Thomas B. MATTHEWS and Henry BARTLETT and acknowledged themselves the defendants security for the above fine and costs of this prosecution. It is therefore considered by the court that the state of Tennessee recover of the defendant Wm ROWLAND & T.B. MATTHEWS and Henry BARTLETT his securitys as aforesaid, the sum of twenty five dollars the fine aforesaid, together with the costs of this prosecution for which an execution may issue.
State of Tennessee vs Nath B. DORRIS - Assault & Battery
This day came the attorney general in behalf of the state and the defendant in proper person who being arraigned and charged upon his arraignment pleads guilty in manner & form as charged in the bill of indictment. It is therefore ordered by the court that the defendant pay the state of Tennessee a fine of two dollars & 50/100 and be in custody of the sheriff till the same be paid, secured or be legally discharged thereupon came into open court Harrison R. DORRIS and acknowledged himself, the defendants security for the above fine & costs. It is therefore considered by the court that the state of Tennessee recover of the defendant & his security H.R. DORRIS the sum of two dollars and 50/100 the fine aforesaid together with the costs in this behalf expended & that execution issue.
State of Tennessee vs Zachariah DURHAM - Misdemeanor
This day came the attorney general in behalf of the state of Tennessee and says he will no further prosecute his suit against the defendant but enter a nole __. It is therefore considered by the court that the defendant go hence without delay & that the county of Robertson pay the costs of this prosecution & that the same be certified to the county court thereof.
This day the grand jury returned into open court in a body with three bills of indictment, to wit, one against Thomas J. BENTON for an assault & battery, one against Franklin WALTON & Alexander WALTON for an assault & battery & one against Meredith WILLIAMS and James W. POPE also for an assault & battery, each bill indorsed thereon a true bill and signed Robert GREEN foreman of the grand jury who was again directed by the court to retire.

Notes:
1. Affray - A noisy quarrel or brawl.
2. Attachment - Seizing of money or property prior to getting a judgement.
3. Certiorari - A writ from a higher court to a lower court requesting a transcript of the proceedings of a case for review.
4. Deliver/Delivery - To actually hand an object, money or document to another.
5. Ejectment - A lawsuit brought to remove a party who is occupying real property. It is against someone who has tried to claim title to the property.
6. Venire - A list from which jurors may be selected.