Johnston vs. Gleed

Robert Gleed Court Records: Circuit Court

T. W. Johnston vs. Robert Gleed, April 1878

 

 

 

 

The State of Mississippi
Lowndes County

Circuit Court
April Term A.D. 1878

T. W. Johnston Plaintiff—
vs } Assumpsit
R. Gleed Defendant—

To The Hon. James M. Arnold, Judge of the 6th Judicial District of the State of Mississippi.

T. W. Johnston Plaintiff comes, & by attorney, complains of R. Gleed Defendant, who has been summoned &c, in an action of Assumpsit, & for cause of complaint, Plaintiff says: that, whereas, heretofore, to wit: on the 31st day of December A.D. 1875 the said Defendant, at to wit, the said County, made, executed & delivered his certain promissory note in writing to said Plaintiff wherein & whereby he undertook & promised to pay to said Plaintiff one day of the date aforesaid the sum of Three Thousand & seventy one & 50/100 dollars ($3071.50), with interest thereon at the rate of ten (10) per cent per annum after maturity of said note until paid, for value received, borrowed money, which said note is hereto attached, marked “Exhibit A” & made a part of this Declaration: & the said Defendant, in consideration of the premises, then & there & thereby became & was indebted to said Plaintiff in said sum of money & the interest thereon as aforesaid, & said Defendant thereby undertook & promised to pay said sum of money to said Plaintiff at the time aforesaid, which said time has now elapsed — and the said Defendant hath disregarded his said promises, & has wholly failed & refused to pay said sum of money, with the interest thereon as aforesaid, or any part thereof, though often requested by said Plaintiff to pay the same, to the damage of said Plaintiff in the sum of Five Thousand Dollars, wherefore Plaintiff brings this suit & prays judgment for said sum & the interest thereon & costs of suit —

Wm Baldwin
Atty for Plaintiff—

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The State of Mississippi—Lowndes County.

To the Sheriff of Lowndes County—Greeting:

We Command you to Summon R. Gleed if to be found in your County, to be and appear before the Judge of our next Circuit Court, at a term thereof to be holden at the Court House, in the Town of Columbus, on the third Monday of April 1878, then and there to answer to the complaint of T. W. Johnston in an action of assumpsit

Herein fail not, and have you then and there this Writ,

Witness JOSEPH H. STEVENS, Clerk of the Circuit Court of said County, with the seal of said Court in the margin hereof, this the 9 day of April A.D., 1878, the same being the day of the issuance hereof.

J H Stevens Clerk.

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THE STATE OF MISSISSIPPI, LOWNDES COUNTY.

To the Sheriff of Lowndes County—Greeting:

We command You, That of the goods and chattles, lands and tenements of R. Gleed Defendant, late of your county, you cause to be made the sum of Thirty seven hundred & seventy nine dollars, which T. W. Johnston Plaintiff, lately in our circuit court recovered against him for damages which he sustained by reason of the non performance of a certain promise and assumption by the said Defendant to the said Plaintiff, with interest on the said sum at the rate of 10 per cent per annum, from the 20 day of April 1878, until paid; also the sum of Eight dollars and 65 cents, for his costs by him about his suit in that behalf expended, whereof the said defendant is convicted as appears to us of record; and that you have said moneys before the Judge of our next circuit court to be holden for the county aforesaid, at the Court House in the town of Columbus, on the Third Monday of October 1878, next, ready to render to the said Plff for damages and all costs aforesaid. And have there this Writ.

WITNESS, My hand and seal of office, at Columbus, this the 10 day of May A.D. 1878 the same being the date of issuance hereof.

J H Stevens Clerk.