Sample Certiorari

Aaron Covington vs William Sublett, 1824
Circuit Court Case File 3205
Debt [and subsequent] Petition for Certiorari
St. Clair County, Illinois

Transcription. The File Jacket indicates this filecase is recorded in Record Book E: 20.
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
St. Clair County }

The People of the State of Illinois to any Constable in Said County Greeting – you are hereby Commanded to Summons William Sublett to apear before me at my office in the town of Lebanon on Thursday the fourteenth of August next at 12 oclock of Said day to answer the Complaint of Aaron Covington for a failure to pay him a certain debt not exceeding one hundred dollars and make due return hereof according to law given under my hand and Seal this 31^st day of July 1823

George Lowe JP”

[reverse side of Document 1]

“Aaron Covington
vs
William SublettSummons

Debt $23.50

Cost — .25

Served July the 31^st

by Reading

Subena — 37 1/2

[Noa]h Matheny”

 

 

 

———————-

[Document 2 – Summons]

“State of Illinois} SS
St. Clair County }

The people of the State of Illinois to Daniel S. Witter Esq. you are hereby Commanded to apear before me at my office in the town of Lebanon on the fourteenth of this inst. at twelve oclock of Said day then and there to testify the truth in amatter in differance wherein Aaron Covington is plaintiff and W^m Sublett is defendant and this you are not to omit under the penalty of the law given under my hand this fourteenth day of August 1823

George Lowe JP”

[reverse side of Document 2]

“Aaron Covington
vs
William SublettSubpoena for
Daviel S. Witter

Served august

the 14^th

Serving .25

Noah Matheny”

—————–

[Document 3 – Summons]

“State of Illinois} SS
St. Clair County }

The people of the State of Illinois to Cornelius Turbush you are hereby Commanded to apear before me at my office in the town of Lebanon on the 14 of this inst. at twelve oclock of Said day then and there to testify the truth in a matter in differ[ance page torn] Aaron Covington is plaintiff and W^m Sublett is defendant. this you are not to omit under the penalty of the Law given under my hand this 14 day of August 1823

George Lowe JP”

[reverse side Document 3]

“Aron Covington
vs
Wm SublettSubpoenaServed august the 14^th

Serving — 25

Noah Matheny”

[Document 4 – Copy of Judgment]

 

“Aron Covington } vs } Wm Sublett }Debt $23.50 }

Summons isued on the 31st of July and delivered to Noah Matheny Const who returnd the Same Executed – therefore Judgment is given in favor of the Plantiff for twenty three dollars, and fifty cents and cost of Suit by me this 14th day of August 1823 George Lowe JP”

[reverse side of Document 4]

 

“Aaron Covington} v Wm Sublett }

Copy of Judgt“

———————–

[Document 5 – a duplicate copy of Document 3]

———————–

[Document 6 – Fee Bill]

“Covington } vs } Sublett }

Fees on Said Suit Isuing Summon – – – – – – – 25 Isuing three subpoenas – 56 1/4 Swearing three witnesses 18 3/4 Entering Judgment- – – – – -25 Coppy of Judgment- – – – -25

Const. fees

Serving Summon- – – – – – -37 1/2 Serving 2 Subpoenas- – – 50 Witness fee- – – – – – – – – – 50 [Total]- – – – – – – – – – – – – 2 57 1/2 George Lowe J.P.”

[reverse side of Document 6]

Fee Bill—————–

[Receipt – submitted during court session?]

“$15.00 Mr. W^m Sublett
Please pay Kimball Richardson or bearer fifteen dollars as soon as the necessary funds are in your hands and his receipt to you shall be in full for the amount due me for work done on the bridge
Lebanon 5 Decr. 1821 ~ [signed] Daniel Sherwood
Witness
Daniel S. Witter”

[reverse side of Receipt]

” 8.50
15.
_____
23.50

Accepted
W^m SublettSatisfied by Judgment”————————–

[Document 7 – Petition of Certiorari]

“To John Hay Esquire Judge of Probate of the County of St Clair & State of Illinois,

The Petition of William Sublett, represents that on the 31^st day of July last one George Lowe Esq^r a Justice of the peace in and for Said County of St Clair issued a Summons ag^t your petitioner to appear before him on the 14^th of August last – and the Said Justice in my absence did render Judgment ag^t your petitioner in favor of one Aron Covington in the Sum of twenty three dollars fifty cents – Now your petitioner States that the rendering of & Said Judgment is illegal in this, towit, that Six days previous to the da of trial your petitioner was bound to Start for Cape Girardeau in Miyssouri and to which place he your petitioner did actually go – that your petitioner did inform him the Said Justice that he was to Start the day aforesaid for Cape Girardeau on a Suit then & there pending of Consequence to your petitioner and that moreover your petitioner did on the day of trial get information [s]ent to the Said Justice of his absence on Such his legal business that the Said Justice not regarding the Statute in Such case made and provided did render the aforesaid Judgment – Your petitioner further Saith that this Judgment was not the result of neglect or want of deligence on the part of your petitioner – that you petitioner further Saith that the aforesaid Judgment is unjust and erroneous, for this, that your petitioner does not owe to Said plaintiff Aaron Covington one Cent to his Knowledge – your petitioner further States that Sickness hath prevented him to come in time as the Law prescribes to get his appeal

Sworn to & Subscribed before
me this 12^th Sept 1823
John Hay J.P.

W^m Sublett”

[reverse side of Document 7]

“State of Illinois}
St. Clair County ss} The Clerk of the Circuit Court of Said County will issue a writ of Certiorari, on the within Case, to have the proceedings before the next Court for Said County and let the Same Serve as a Supercedeas on giving a bond in the penal Sum of Seventy five dollars
Belleville 12^th Sep^t 1823

John Hay Judge of the Court
of Probate St Clair County”

—————–

[Document 8 – Bond on Certiorari]

“Know all men by these presents that we William Sublett and John Pulliam of the County of St Clair & State of Illinois are held and firmly bound unto Aaron Covington of the County & State aforesaid in the full and just Sum of seventy five dollars lawful currency to be paid to the Said Aaron Covington or his certain Attorney his Executors and Administrators to which payment well and truly to be made we bind ourselves and every of us our and every of our heirs Executors & Administrators jointly and Severally firmly by these presents Sealed with our Seals and dated this 12^th day of September A^o D^o 1823

Whereas at a certain trial had before George Lowe Esp^r a Justice of the peace for and within the Said County of St Clair, the above named Aaron Covington obtained a Judgment against the above bound William Sublett in the Sum of twenty three dollars and fifty cents and Costs of Suit. And whereas also the said William Sublett is about to Sue forth a writ of Certiorari of the Said State for the correcting of Errors of And upon the Said Judgment So as aforesaid rendered, returnable to the next Circuit Court of the Said Count of St Clair

Now the Condition of the above obligation is such that if the above bound William Sublett Shall and pursue the directions of the Act of Assembly in Such Cases made And provided at the next Circuit Court to be held at Belleville for and within the Said County on the Second Monday of March next And prosecute the Same with Effect And also Satisfy and pay to the Said Aaron Covington his Executors Administrators or Assigns in Case the Said Judgment Shall be affirmed, as well [striken word] the Costs adjudged by the Said Justice of the Peace as also all Costs And damages that Shall be awarded by the Said Circuit Court then this bond to be void And remain in full force and virtue otherwise to be void and of none Effect –

 

Subd Sealed Signed & delivere[d] in presence of John Hay

Wm Sublett {seal}Mark of X John Pulliam {seal}”

[reverse side of Document 8]

 

“Wm Sublett} [adv?] } Aaron Covington }”

Bond on Certiorari

———————-

[Document 9 – Writ of Certiorari]

“State of Illinois SS

The People of the State of Illinois

To George Lowe Esquire a Justice of the peace of the County of St. Clair

We being willing for a certain causes to be certified of a plaint[sic] levied before you against Willm Sublett at the Suit of Aaron Covington heretofore caused the record and proceedings therof to be brought unto our Circuit Court before the Justice thereof and it being Suggested to us by the Said William Sublett before the Judge of the Court of Probate of said County that the Said record is incomplete and insufficient Command you that you Send to our Said Justice at the next term of our Said Circuit Court to be holden at Belleville in the Said County of St Clair a full and complete record of all the procedings aforesaid with all things touching the Same as fully and entirely as the Same remains in your Office by whatsover names the Said parties may be called therein, together with this writ that our Said Justice may further Cause to be done thereupon what may appear of right to be done

Witness John Hay Clerk of our Said Court at Belleville this twelfth day
of September in the year of our Lord Eighteen hundred and twenty three
John Hay Ck”

[reverse side of Document 9]

“Lebanon St Clair County Febr 5^th 1824

This will serve to show that I have transmited to the Clerk of the Circuit Court of St Clair County a coppy of Judgment Covington vs Sublett together with all the papers beloning therto or connected with Said Suit excepting one Subpoena for John Johnston, Treasurer, which I suspect was never returned, and also the accoumpt [accounts?] and order upon which said Judgment was founded witness my hand and Seal this day and date above written

George Lowe J.P. {seal}”

 

“William Sublett } [adv?] } Aaron Covington }

Writ of Certiorari

Ret^ble March Term 1824

This writ to Serve as a Supersedeas
by order of the Judge of Probate –
John Hay CK”

[End Aaron Covington vs William Sublett, 1824, Circuit Court Case File 3205: Debt, [and subsequent] Petition for Certiorari ]