Sunday, February 10, 2013

Gibbons v Thornhill, Pt 2

Picking up the case of Gibbons v Thornhill where I left off this morning, in December 1838 Thomas Jones had petitioned for counter security, after providing James Gibbons with the security to file the claim against Joseph Thornhill. The circuit court in Jefferson County next heard motions on the case in April 1839, and that's where the story continues:

Wednesday the 17th April 1839
James Gibbons vs Joseph Thornhill}
Upon motion of the plaintiff by attorney, a rule is given him to show cause why the plaintiff should be permitted to prosecute this suit as a pauper, and upon motion of the defendant a rule is given in this cause to the defendant to show cause why this suit should be dismissed because the rule requiring the plaintiff to give security on or before the second day of this term or the same would stand dismissed has not been complied with.

Thursday the 18th April 1839
James Gibbons vs Joseph Thornhill}
Upon the affidavit of Sarah Gibbons a rule is granted the plaintiff to show cause why the plaintiff should be permitted to prosecute his suit as a pauper, and after argument of said rule being heard on the premises fully seen and understood by the court. It is therefore considered by the court that said rule be discharged and that the rule heretofore granted the defendant to show cause why his suit should be dismissed, be made absolute.

James Gibbons vs Joseph Thornhill}
In this case it is considered by the court that the defendant recover of the plaintiff and Thomas Jones his security all costs in this behalf expended up to the time of the service of notice by the security upon the plaintiff to give him counter security and that he recover of the plaintiff all costs that have accrued since the delivery of said notice, from which judgment the said Gibbons by attorney prays an appeal in the nature of a writ of error to the most Supreme Court of errors and appeals, and upon affidavit the same is granted to be prosecuted in forma pauperis.

Joseph Thornhill vs James Gibbons} Bill of the Case
State Tax $2.25
Clerk for writ and bond .95
Docketing cause twenty-five cents .25
Recording bond fifty cents .50
Subpoenas for 13 witnesses 12 cents each 1.62
For 32 probates [?] cents each 2.00
Rule for plaintiff to give counter security .25
Same rule enforced .25
Entering appeal .25
Four affidavits .25
Judgment .75
Taxation on the case .25
Copy of the bill of the case .25
Four continuances 1.50
Transcript of the record 1.63

Theo. Bradford depositions for sum five witnesses 1.25
James Bradford Sheriff for serving summons (for summoning two witnesses) 1.50
Total $15.70

James Gibbons - Take notice that at the next circuit court held for the county of Jefferson at the court house in Dandridge on the 3rd Monday in December next and on Tuesday of said term, I shall move the court for a rule upon you to give counter security to indemnify me against all damages or liability that may arise from my being your security for the prosecution of a suit wherein you are plaintiff and Joseph Thornhill is defendant August 28th 1838 Thomas Jones endorsed thus James Gibbons to notice August 28th 1838 delivered a true copy of the within to James Gibbons 7 Dec 1838
George Newman [attorney for Thomas Jones]

James Gibbons vs Joseph Thornhill}
Sarah Gibbons who attends to this suit for her husband who is aged and confined to his room five miles from the place where this court sits - with a cancer in his face, rendering him wholly unable to attend to any business and is blind from the disease - maketh oath that her said husband is poor and unable to bear the expenses of suit he desires and is about to prosecute to the Supreme Court - that the plaintiff is advised there is good cause of action for the prosecution thereof - that the Supreme Court has jurisdiction of the cause if the same can be taken before that court.
Sarah Gibbons [her mark]

Sworn to in open court 18th April 1839
Theo J. Bradford Clrk

Bill of the Case continued
Amount brought over $15.70
Parry Talbott DJ. for sum six witnesses 1.50
William Bettis Dp. Sheriff sum one witness .25
George Newman for delivering notice .50
A. Thornburgh a witness as proved three days before service of notice for counter security $2.25
And eight days afterwards $1.00
Manning Summers six days before two days afterwards 1.50
Hugh Henry 3 days before 2.25
John Skeen 1 day before 4.50
eight days afterwards 1.00
Con. Jones [Conway Jones] 4 days before 3.00
8 days afterwards 1.00
Wm. Rankin 4 days before 3.00
7 days afterwards 5.25
Thomas Kimbrough before 1 day 4.50
John Whittington 3 before 2.25
4 days afterwards 3.00
John Gass 3 days before 2.25
5 days afterwards 3.75
Robert Jones 7 days before 5.25
5 days afterwards 3.75
Total $34.35 = Total Amount $85.95

State of Tennessee
I, Theo. J. Bradford Clerk of the Circuit Court in the county of Jefferson and State aforesaid do hereby certify that the foregoing is a true and perfect transcript of the record in the foregoing case James Gibbons against Joseph Thornhill and the bill of the costs in said case, as is now upon the record of my office.

In witness whereof I have hereunto set my name affixed my private seal having no seal of office at office in Dandridge the 4th day of June 1839.
Theo J. Bradford Clerk
The case was filed with the Supreme Court of Tennessee on 1 July 1839. It looks like the case was closed on 23 January 1840. James Gibbons does not appear in the 1840 US Census in Jefferson County, Tennessee, he likely died sometime after the case was filed with the Supreme Court. Joseph Thornhill died in 1842.

The bill of the case is interesting in that it shows how a local court broke down its costs.

The names of the witnesses match up as neighbors of Thomas Jones and Joseph Thornhill. It's also interesting to see Hugh Henry, son in law of Thomas Jones, and Conway Jones and Robert Jones as witnesses, both sons of Thomas Jones. John Gass was the brother of Mary Gass Thornhill (so he was the brother in law of Joseph Thornhill).

It was also interesting to see a reference to cancer in a document from 1839. 

I'm glad that I ordered the case from the State Archives, and it makes me wonder if other Jones or Thornhill family members appear as witnesses in early cases from Jefferson County.

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