Writings of Abraham Lincoln, the — Volume 2: 1843-1858 by Abraham Lincoln
page 140 of 301 (46%)
page 140 of 301 (46%)
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TO THE HONORABLE, THE JUDGE OF THE COUNTY COURT IN AND FOR THE COUNTY OF
SANGAMON AND STATE OF ILLINOIS: Your Petitioner, Joshua Gipson, respectfully represents that on or about the 21st day of December, 1850, a judgment was rendered against your Petitioner for costs, by J. C. Spugg, one of the Justices of the Peace in and for said County of Sangamon, in a suit wherein your Petitioner was plaintiff and James L. and C. B. Gerard were defendants; that said judgment was not the result of negligence on the part of your Petitioner; that said judgment, in his opinion, is unjust and erroneous in this, that the defendants were at that time and are indebted to this Petitioner in the full amount of the principal and interest of the note sued on, the principal being, as affiant remembers and believes, thirty-one dollars and eighty two cents; and that, as affiant is informed and believes, the defendants succeeded in the trial of said cause by proving old claims against your petitioner, in set-off against said note, which claims had been settled, adjusted and paid before said note was executed. Your Petitioner further states that the reasons of his not being present at said trial, as he was not, and of its not being in his power to take an appeal in the ordinary way, as it was not, were that your Petitioner then resided in Edgar County about one hundred and twenty miles from where defendants resided; that a very short time before the suit was commenced your Petitioner was in Sangamon County for the purpose of collecting debts due him, and with the rest, the note in question, which note had then been given more than a year, that your Petitioner then saw the defendant J. L. Gerard who is the principal in said note, and solicited payment of the same; that said defendant then made no |
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