STATE OF KANSAS, SHAWNEE COUNTY, IN JUSTICE'S COURT, BEFORE B.F. MERIDETH, Justice of the Peace in and for Topeka Township. J.W. CRUSE, Plaintiff. vs. J.C. SPINK, Defendant. Records donated by Vikki Gray-Cullen, transcribed by Teresa Lindquist, copyrighted December 2001 ----------------------------------------------------------------------- KSGENWEB INTERNET GENEALOGICAL SOCIETY COPYRIGHT NOTICE: In keeping with the KSGenWeb policy of providing free information on the Internet, this data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other gain. Copying of the files within by non-commercial individuals and libraries is encouraged. Any other use, including publication, storage in a retrieval system, or transmission by electronic, mechanical, or other means requires the written approval of the file's author. ----------------------------------------------------------------------- J.W. CRUSE, Plaintiff. vs. J.C. SPINK, Defendant. CIVIL ACTION. NO. 2. CLAIM $187.43 ON PROMISSORY NOTE. ATTORNEYS. W.D. Bynum, For Plaintiff. W. Ray Gardiner, For Defendant. ===== On this 2d dy of February, 1879, came the said Plaintiff, by W.D. Bynum, his Attorney, and filed herein his bill of particulars, praying judgment against the said Defendant for the sum of $187.50, with interest thereon from the 14th day of June, 1877, at the rate of 12 per cent, per annum, on account of a promissory note. Plaintiff filed his affidavit for attachment. Plaintiff filed his undertaking in attachment. Undertaking in attachment approved and filed. Summons issued to Isaac White, Constable of Topeka Township, returnable on the 5th day of February, 1879, at 10 o'clock A.M. Order of Attachment issued to Isaac White, Constable, etc., returnable on the 5th day of February, 1879, at 10 o'clock A.M. February 5th, 1879, Summons returned and filed, endorsed in substance, served by leaving a duly certified copy at the usual place of residence of the said Defendant, J.C. Spink. February 5th, 1879, Order of Attachment returned and filed, endorsed in substance, executed by going on the 2d of February, 1879,to the place where the property described in the inventory hereto annexed was found, and there, at 3:30 o'clock P.M. of said day, in presence of Elisha Merideth, and J.E. Thompson, I attached said property and took the same into my possession. February 5th, 1879, by an agreement of the Attorneys for the parties, the trial was continued to the 17th day of February, 1879, at 9 o'clock A.M. February 14th, 1879, Subpoena issued for E.W. Thompson, and Phillip Cruse, in behalf of Defendant. February 17th, 1879, the Plaintiff appeared in person, and by his Attorney, W.D. Bynum Esq. The Defendant appeared in person, and by his Attorney, W. Ray Gardiner. The Plaintiff offered and filed in evidence the original note upon which this action was founded. J.C. Spink. E.W. Thompson and Phillip Cruse, sworn in behalf of the Defendant. Subpoena returned and filed. After hearing and considering the proofs and allegations of the parties, the Court finds for the Plaintiff in the sum of 187.43, with interest thereon from the 14th day of June, 1877, at the rate of 12 per cent, per annum. It is therefore considered and adjudged that the said Plaintiff, J.W. Cruse, have and recover of the said Defendant J.C. Spink, the said sum of One Hundred and Eighty-seven Dollars, and Fourty-three Cents, with interest thereon from the 14th day of June, 1877, at the rate of 12 per cent, per annum, and costs of suit as herein taxed at $10.70, as entered in items in the margin hereof. Witness My Hand this the 17th day of February, 1879. B.F. MERIDETH Justice of the Peace. February 17th, 1879, Attachment--Order of Sale, issued to Isaac White, Constable by order of Plaintiff's Attorney. March 16th, 1879, Attachment--Order of Sale, returned and filed, endorsed, executed by selling the property attached for the sum of $255.00, and paid the same into Court. ISAAC WHITE, Constable. Received, March 19th, 1879, of B.F. Merideth, Justice of the Peace, the sum of Two Hundred and Twenty-six Dollars and Seventy Cents, in part satisfaction of foregoing judgment. W.D. BYNUM, Attorney for Plaintiff. March 19th, 1879, Execution issued to Isaac White, Constable, by order of Plaintiff's Attorney. April 18th, 1879, Execution returned and filed endorsed in substance satisfied. Received of Isaac White, Constable, Seventeen Dollars and Forty-six Cents, in full satisfaction of judgment and costs. B.F. MERIDETH, Justice of the Peace. Received, April 20th, 1879, of B.F. Merideth, Twelve Dollars and Seventy-six Cents, in full satisfaction of foregoing judgment. W.D. BYNUM, Attorney for Plaintiff.