The Writings of Abraham Lincoln, Volume 2 by Abraham Lincoln
Petition on Behalf of One Joshua Gipson
TO THE JUDGE OF THE SANGAMON COUNTY COURT,
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 pretense that he did not owe the same, but on the contrary expressly promised that he would come into Springfield, in a very few days and either pay the money, or give a new note, payable by the then next Christmas; that your Petitioner accordingly left said note with said J. C. Spugg, with directions to give defendant full time to pay the money or give the new note as above, and if he did neither to sue; and then affiant came home to Edgar County, not having the slightest suspicion that if suit should be brought, the defendants would make any defense whatever; and your Petitioner never did in any way learn that said suit had been commenced until more than twenty days after it had been decided against him. He therefore prays for a writ of Certiorari.