Allen Case and Dennis Marks vs John Krupp, Constable, 1832, Circuit Court Case File 3608: Attachment

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Allen Case and Dennis Marks vs John Krupp, Constable, 1832
Circuit Court Case File 3608: Attachment
St. Clair County, Illinois

Transcription. File Jacket indicates this case is recorded in Record F2: 250.
Paper case file located at the Illinois State Archives, Springfield

Words in [square brackets] are additions or guesses by the transcriber.

[Document 1 - Summons]

"State of Illinois SS.} The People of the State of Illinois

To the Sheriff of St Clair County Greetings

Whereas Allen Case & Dennis Marks by Alfred Cowles their attorney agent have Complained on Oath to John Hay Clerk of the Circuit Court of Said County that John Krupp constable of St Clair County is justly indebted to them the Said Allen Case and Dennis Marks, to the amount of Seventy five dollars and [blank space] Costs, and oath having been also made that the Said John Krupp Constable of St Clair County, So absconds that the ordinary process of Law cannot be Served upon him, and the Said Allen Case and Dennis Marks having given bond and Security according to the directions of the Act in Such Case made and provided, We therefore Command you, that you attach So much of the Estate real or personal of the Said John Krupp Constable of St Clair County, to be found in your County, as Shall be of value Sufficient to Satisfy the Said debt and Costs, according to the Complaint, and Such Estate So attached in your hands to Secure, or to provide that the Same may be liable to further proceedings thereupon, according to Law, at a Court to be holden at Belleville for the Said County on the first Monday of April next, So as to compel the Said John Krupp Constable of St Clair County, to appear and answer the Complaint of the Said Allen Case and Dennis Marks, And that you also Summon Alexander Scott, John A Blackwell (or any other person in whose hands the Same may be found) as Garnishees, to be and appear at the Said Court on the Said first monday of April next; then and there to answer, what may be objected against him; when and where you Shall make Known to the Said Court, how you have executed this writ, and have you then there this writ.

Witness The Honble Theophilus W. Smith Judge of the Said Court at Belleville,
this fifteenth day of february in the year of our Lord Eighteen hundred and thirty two~
John Hay Clk"

[reverse side of Document 1]

"Allen Case & Dennis Marks } Attt
vs
Jno Krupp Constable}
of St Clair County }

Debt $75

Retbl April Term 1832

This writ not levied by reason that the
defendant returned in the County for this
coming of this [writ?] in my hands ~ So answers.
John D. Hughes Sff StCC
Returning 12 1/2"

-------------------------

[Document 2 - ]

"Allen Case Dennis Marks} Circuit Court St Clair County
vs
John Krupp Constable} April term 1832
of St Clair County } Attachment

This day came personally before me Alfred Cowles agent to the plaintiff and made oath the John Krupp is justly indebted to the Plff in the sum of seventy five dollers for so much money by him collected and received as Constable for the use of the Plffs and withheld and that the said John Krupp absconded that the ordinary process of law cannot be served upon him and is about to depart the State with intention to remove his property of having his effects and personal estate removed without the limits of this state ~ and prays an attachment may issue.

Agent for Plff
Alfred Cowles

Feby 15th 1832
Sworn to & Subscribed
before me this 15 Feby 1832
John Hay Ck"

[reverse side of Document 2]

"A Case & D. Marks } Attt
v
Jno Krupp Constable} Bond
of St Clair County } Affedt

filed 15 Feby 1832 "


----------------------

[Document 3 - Bond]

"Know all men by these presents that we A. Case & D Marks and James Mitchell of the County of St Clair and State of Illinois, are held and firmly bound unto John Krupp Constable of Said County in the penal Sum of One Hundred & fifty Dollars Current money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs executors And administrators jointly Severally And firmly by these presents, witness our hands and Seals this fifteenth day of february A. D. Eighteen hundred and thirty two

The Condition of this Obligation is such, that whereas the above boundn A Case & D. Marks hath this day prayed for An Attachment at the Suit of theirs the Said A. Case & D. Marks against the Estate of the above named John Krupp Constable as aforesaid for the Sum of Seventy five dollars and [blank] Cents, lawful money of the United States, and the Same being about to be Sued out returnable on the first monday of April next, to the term of the Circuit Court, then and there to be holden in and for the Said County of St Clair ~
Now if the Said Allen Case & Dennis Marks Shall prosecute thier Said Suit with effect, or in case of failure therein, Shall well and truly pay and Satisfy the Said John Krupp Constable as aforesaid all Such costs in Said Suit and Such damages as Shall be awarded against the Said A Case and D. Marks their heirs, executors or administrators in Such Suit or Suits which may hereafter be brought for wrong fully suing out the Said Attachment, then the above obligation to be null and void, else to remain in full force And virtue.

Signed Sealed & delivered } Alfred Cowles {Seal}
in presence of } Agent for Case & Marks
J. Mitchell {Seal}

Allen Case & Dennis Marks } Circuit Court St Clair County
v
John Krupp Constable &c} Attt April Term 1832
of St Clair County } Debt $75

I do hereby enter myself Security for costs in this cause and acknowledge myself bound to pay or cause to be paid all costs which may accrue in this actiion either to the opposite party or to any of the officers of this court, in presuance of the Laws of this State Dated this 15th day of Feby 1832.

Alfred Cowles"

[reverse side of Document 3]

"Allen Case & Dennis Marks
vs
John Krupp Constable

Bond"

[End Allen Case and Dennis Marks vs John Krupp, Constable, 1832, Circuit Court Case File 3608: Attachment]

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