DUNCAN TAYLOR
Sues
WILLIAM LUNSFORD
by next friend
ELZY
Circuit Court
Oct 1855 – Mar 1856
Summary
1855 Circuit
Court
E(lzy)
vs
Wm. Lunsford appealed in 1856 to circuit
R. H. Oldham, JP, found for plaintiff
John Sutherland, attorney for plaintiff
C. B. Smith, Constable, served summons
Reason D. Byrn, summoned as witness
Isaac Moore, summoned as witness
B. A. Sinclair, summoned as witness for
defendant
Fayette Ryan, summoned as witness for
defendant
Daniel McLeod, JP, issued summons
C. B. Smith, constable, served summons
Hardy R. Osteen, security on defendant
appeal bond
-----------------------------
1855
Circuit
Elzey Taylor for Duncan Taylor
Vs
William Lunsford
Isaac Moore, summoned as plaintiff witness
Reason D. Byrn, summoned as plaintiff
witness
Joseph H. Wardlaw, deputy sheriff, executed
spa
Robert H. Oldham, summoned as witness for
defendant
W. G. McClelland, sheriff, executed subpoena
Vs }
Spa
W. Lunsford
State of
To the Sheriff of said County. You are
hereby commanded to summon Isaac Moore and Rezin D. Byrn if to be found in your
County to appear before the Judge of our next Circuit Court to be holden at the
Court House in the town of Ripley on the 3rd Monday in March this
present Month _________ to testify and the truth to speak in behalf of the
plaintiff in a certain matter of contributory? Defending? Whereas Elzy Taylor
is plaintiff and Wm Lunsford is defendant.
This they shall in ______________.
Witness W. C. Fain at office this 3rd
Monday in October 1855 and 80th year of U. S. Independence.
Wm.
C. Fain, Clerk
Issued this 11th day of March
1856
Executed by reading this subpoena to Isaac
Moore March 12, 1856
J. H. Wardlaw, Deputy Sheriff
Vs }
Spa
Lunsford
STATE OF
TO
THE SHERIFF OF
You are hereby commanded to summon Isaac
Moore and Reasin D. Byrn if to be found in your county to appear before the
Judge of our next circuit court to be holden at the court house in the town of
Ripley on the third Monday in February next, there to testing and the truth to
speak in behalf of the plaintiff in a certain matter of controversy depending,
wherein Duncan Taylor by Elzey Taylor is plaintiff, and William Lunsford
defendant, this they shall in no wise omit under the penalty prescribed by law.
Witness William C. Fain clerk of our said
court at office, the ___ Monday in October 1855 and 80th year of
American Independence.
Wm.
C. Fain, Clerk
Issued this 29th Jan 1856
Executed by naming this subpoena to Isaac
Moore and Reason D. Byrn
Jan 29th, 1856
Joseph H. Wardlaw, Deputy Sheriff
STATE OF
TO
THE SHERIFF OF
You are hereby commanded to summon Isaac
Moore and R. D. Byrn if to be found in your county to appear before the, our
circuit court, none in session, at the court house in the town of Ripley __________
Monday in _________ next, there to testing and the truth to speak in behalf
of _______ in a certain matter of
controversy depending wherein Elzy Taylor is
plaintiff, and William Lunsford is defendant, this shall in no wise omit
under the penalty prescribed by law.
Witness
________ clerk of our said court at office, the third Monday in March 1856 and
___ year of American Independence.
Wm.
C. Fain, Clerk
Executed by serving this subpoena on R. D.
Byrn this March 17th 1856
J. H. Wardlaw, Deputy Sheriff
Dunkin
Vs }
William Lunsford
STATE OF
TO
THE SHERIFF OF
You are hereby commanded to summon Robert W.
Oldham personally to appear immediately before the Judge of our 10th
Judicial Circuit now setting for the county of Lauderdale at the court house in
the town of Ripley to testify and the truth to speak in the case pending in
said Court wherein Dunkin Taylor who sues by his next friend Elzy Taylor is
plaintiff, and William Lunsford is defendant, on behalf of the defendant and
that he shall in no wise omit, under the penalty prescribed by law. Herein fail
not, and have you then and there this writ:
Witness
my hand, Clerk of said court this 17th day of March 1856 and 80th
year of American Independence.
Wm.
C. Fain, Clerk
Issued March 17th 1856
Executed March 17th 1856
W. G. McClelland, Sheriff
Vs }
Account?
W. Lunsford
State of
To
the Sheriff or any Constable of said County.
You are hereby commanded to summon William
Lunsford to appear before me or some other Justice of said County in answer to
Duncan Taylor who sues by his next friend Elzy Taylor of a plea of debt for a
sum under one hundred dollars due by account. Herein fail not & have then
& there to c.
Served the within by summoning William
Lunsford to appear before
R. H. Oldham on the 19th day of
Jan 1856 at his office in Ripley.
This 17th day of January 1856. C. B. Smith
W. Lunsford
Act.
William Lunsford Due To Elzey Taylor
1855 To four Months work $60.
In this case I give judgment against
defendant in favor of plaintiff for $41.25/100 & all costs.
R. H. Oldham, J. P., Lauderdale Co.
Continued of affidavit of plaintiff until
Tuesday January 29th
Vs. }
Spa
W. Lunsford
State of
To
the Sheriff or any Constable of said County
You are hereby commanded to summon Reason D.
Byrn and Isaac Moore to appear before R. H. Oldham at his office on the 19th
day of January 1856 to testify and the truth to speak in behalf of the
plaintiff in a certain matter of controversy pending before him wherein Elzy
Taylor is plaintiff and William Lunsford is defendant. January 16th 1856
R.
D. Oldham, JP Lauderdale Co.
Executed on Rezin D. Byrn & Isaac
January 17th 1856
C. B. Smith
Elzey Taylor
Vs. }
Spa
Wm. Lunsford
State of
To
any lawful officer of said county.
Summon B. A. Sinclair and Duncan Taylor
& Fayette Ryan to appear before Robt. H. Oldham Esq. At his office in
Ripley on Saturday the 19th day of January 1856 to testify on behalf
of Wm. Lunsford in matter of dispute wherein said Lunsford is Defendant and
Elzey Taylor is Plaintiff & this they shall in no wise omit under the
penalty prescribed by law. January 19th,
1856
Daniel
McLeod, J P
Summoned B. A. Sinclair & Fayette Ryan
January 19th 1856
C. B. Smith, CSE
Know all men by these presents that we
William Lunsford and Hardy R. Osteen are held and firmly bound unto Dunkin
Taylor who sues by his next friend Elzy Taylor in the sum of one hundred
dollars sealed with our seals and written the 29th day of January 1856
The
conditions of the above obligation is such that whereas the above bound William
Lunsford has this day prayed for and obtained an appeal from a judgment
rendered by R. H. Oldham a Justice of the Peace for Lauderdale County in favor
of said Taylor to the next term of the Circuit Court of said County. Now if the
same William Lunsford shall will & truly perform and alieve by this
judgment of the Circuit Court then this obligation to be void else to remain in
full force and effect.
William
Lunsford {Seal}
H.
R. Osteen {Seal}
------------------------------------
The plaintiff Elzy Taylor states that he
believes that Isaac Moore who he had him subpoena in this cause is a material
witness and that he is absent and that John Sutherland Esq., his attorney &
counsellor in this cause is absent and that under the circumstance he cannot go
safely to trial. This continuance is
asked for justice and not delay.
[signed]
Elzy Taylor
KNOW ALL MEN BY THESE PRESENTS, that we the
County of Lauderdale and State of Tennessee, are held and firmly bound unto
William Lunsford in the sum of one hundred dollars well and truly to be paid to
the said William Lunsford his heirs or assigns, for which payment will and
truly to be made, we bind ourselves our heirs & c. jointly and severally,
firmly by these presents, sealed with our seals and dated this 19th
day of March 1856.
THE
condition of the above obligation is such that whereas at a Circuit Court of
law began and held for the county of Lauderdale at the Court House in the town
of Ripley on the Third Monday in March in the year of our Lord one thousand
eight hundred and fifty six in an action of Debt, between the above named
Duncan Taylor who sues by his next friend Elzey Taylor for costs of said suit.
From
which judgment the said Duncan Taylor by his next friend Elzy Taylor, prayed
for and obtained on this day an appeal in the nature of a writ of error, to the
next Supreme Court of Errors and Appeals of the State of
Sworn to before me January 19th,
56
Now
if the said Duncan Taylor by his next friend Elzy Taylor shall well and truly
prosecute his said appeal with effect, or in case he fail therein, shall stand
to and above by and perform the judgment, sentence, and decree of said Supreme
Court, in the premises, then the above obligation to be void, otherwise to
remain in full force and virtue in law.
Source:
Ripley,
Indexed by Bettie Davis
Return to Judgements & Claims Index
© Deborah Lunsford Yates, 2000 – 2006
Sunday,
September 03, 2006, 8:50:16
AM CST
