• Warren County, Ohio, Estate Docket 1/2; Page 48
• Warren County, Ohio, Will Book 5, Page 608
• Clerk of Common Pleas, Warren Co., Ohio"; Vol. 6 (1831-1845), p. 220-221

• Charles Barton Estate
• Enoch Barton Estate

May Term 1836

"William Coulson Guardian for Margaret Barton }
Vs } April the 11th.. 1835
John Ross Admr. of Enoch Barton Decd }

May Term 1836

An action of Assumpsit to recover the sum of $60 with interest from 1833
it being the amount of a Legacy bequeathed to the said Margaret Barton
by her uncle Charles Tower late of the State of Pennsylvania decd. & received
by the said Enoch Barton in his lifetime. April the 11th 1835 The parties
in the above case have agreed to waive procefs & enter into trial Elisha
Barton was called & examined as a witness in behalf of the plaintiff and
from whose testimony it appears the plaintiff is entitled the demand & inter
est from the 11th. day of June 1833 whereupon the interest was calculated &
Judgment rendered against the said John Ross Admr for the sum of Sixty
six dollars & sixty cents & costs of suit cost taxed 39.
I certify the above to be a true transcript of my proceedings in the above case
Given under my hand & seal this 25th day of Sept 1835 Abraham Phillips JP {seal}
And thereupon the said parties by their Attornies [sic] aforesaid gave notice
that they would appeal from the Judgment of said Court of common
pleas to the Supreme Court. And afterwards to wit on the twenty eighth
day of October in the year of our Lord one thousand eight hundred &
thirty five the said Defendant filed in said Court of common pleas his
bond on appeal agreeably to the statute in such case made & provided.
And on the thirtieth day of December in the year of our Lord one thousand
eight hundred & thirty five the clerk of said Court of common pleas filed in
the office of the clerk of the Supreme Court here through qual [sic: qualified]
papers & an authenticated transcript
of the docket or Journal entries & of the final Judgment rendered in the case
And now at this day to wit the nineteenth day of May in the year of our
Lord one thousand eight hundred and thirty six at a Supreme Court begun
& held at Lebanon in the County of Warren & State of Ohio came into said
Supreme Court here the said parties as aforesaid & thereupon for trying
the issue Joined it is ordered by the court here that the twelve persons sum=
moned & returned to this Court to serve as petit Jurors be empanelled &c
who being called some of them came to wit: James Sivens [?] William G Corwin
& Isaac Stubbs Jr. but because the other Jurors summoned & returned as afore=
said do not come therefore others from amongst the bystanders by the Sheriff
of Warren County & by order of the Court here thereon are elected & added to the
Jurors aforesaid who being called likewise Come to wit: James C. Brown William
Bainbridge William W Gallaher J Tharner [?] S Drake Daniel Storms James
McElroy Samuel Fitzgerald & William F Dill who together with the Jurors
first aforesaid being elected empanelled tried sworn & affirmed to try the
issue Joined upon their oaths do say that said Defendant did promise
& assume in manner & form as the said plaintiff in declaring hath alledged [sic]
and they Assess the damages of the Plaintiff by occasion of the non performance
of the promises & assumptions aforesaid at the sum of five hundred & fifty
Dollars. Therefore it is considered by the Court here that the said plaintiff
recover against the said Defendant as well the sum of five hundred & fifty
Dollars for his damages aforesaid by the Jurors aforesaid in form aforesaid as=
sessed as the sum of fifteen Dollars & five cents for his costs & charges about his
suit in this behalf laid out and expended &c. And the Court orders that this
Judgment be certified to the Court of common pleas & that said Court
award execution thereon according to the Statute &c.
Costs taxed to Defdt. $24.24
B. Hitchcock Presiding Judge May Term 1837 "