Aaron Fornell and wife vs John Koonce ~ 1854
Willett Hewitt, Aaron F Fornell (possibly could be Farnell) and Eli Saunders
are bound to John E Koonce Administrator of John H Hammond for $200 - the
condition is a suit brought by the state of NC on the relation(?) of Willett
Hewitt and Aaron Fornell & wife against John G Koonce - superior court
November 1859 judgement was recovered by the defendant - the plantiffs
Sheriff is to take following into court - John H Hammond, Ignatius(?) W
Brock, Julia C Bryan administrator of Jas C Bryan dec and Sarah A Francks
exec for W W Francks to answer the state of NC in relation of Aaron Fornell
and wife Desire Fornell and Willett Hewitt to a plea that they render to the
Repeat of the above except for the damages of $500.
Fall Term 1854 - attorneys Wm H Washington & George H Stevenson for the
plaintiffs & George S Attmore & James W Bryan for the defense.
Spring Term 1856 - Juror withdrawn, mistrial.
Spring Term 1858 - same as above mistrial, New Trial.
Jurors - Thomas Harrison, John Smith, & Jn B Taylor, Peter Meadows, Aretus W
Turner, George S Debruble, Levin L Eubank, Joseph Ballard, John I Mallory,
John H Andrews, John Messen, Jr., S Simmons,
Finding for the defendant-Plantiffs appeal
1842 the bond for Hammond the defendants intestate was clerk of Jones Cty
court.-breach for failure of Hammond to recover on the bond the names of the
magistrates on the bench June 1842 - Caleb Hewitt, appointed guardian of the
relation-debt due from Hewitt established by bond - Hewitt and securities
became insolvent & judgment remained outstanding.
3 points in case -plantiff counsel requested court after evidence bond was
not sufficient and not acceptable - the sureties must be good for the whole
amount to the principal obligation - County securities deemed by the court
to be "secured" - Court charged magistrate not insured against loss - must
act with discretion/caution - magistrate should make inquiries about
guardians and their surieties and act with good faith - if accepted by jury
as being good - should find for defendanted.
No evidence that the magistrate did inquire - 3 magistrates - men of good
standing at original Spring term 1842 - ruled for defendant.
(NOTE: In the folder were notes of Jones County June Term 1842 Court
Minutes. These minutes were not releveant to this case and therefore have
been removed from this case and placed on the court minutes for Jones
Members of the Jury -John Jones, foreman, James Marrett, Whitfield Turner,
Millington Lrendores (?) , Bryan Collins, Barthoromew Medows, Nathaniel B
Westbrook, Thomas Huggins, Thomas Dailey, James D Kinsey, William Ervin,
Benj. F Stanley, John Messer, Charles Foy, Thos. D Foy, Amos S Koonce, Joseph
Kinsey, Abram Simmons.
Petet jurories - Simon S Beckton, Lewis Williams, Emanuel Koonce, Joseph
Waller, Freeman Smith, John Heath, Hardy O Newton, John Young, William
Russell, Frances Massite(?) Steven Wilcox, Benj. L Bryan, the six last
Ordered that the order made at the last term this court for Benjamin Koonce,
Nedham B Beaasley, F I Becton as a committee to settle the accounts of
Simeon S Becton, Adm of John L Stanley and report to the court .
Ordered that Charles Goreck (Gerrock) John S Koonce, and J M Hammond be
appointed as a committee to audit and settle the accounts of Emanuel Jarman
adm of T H Jarman and report to the court.
Ordered that John Jarman be appointed as guardian to Sarah R Jarman, Patrick
H Jarman, Furnifold H Jarman and that he enter into bond of $3,000 with John
Jones and Emmanuel Jarman as his surities.
Ordered that William (Bryan marked through) Bynum be exempt from working on
the public road and paying a poll tax during the time that he is a drummer.
Ordered that Roscue Barrus, Daniel Dickson, John Jarman be appointed to audit
and settle the accounts of James W Howard adm of Julia N Howard and report to
Ordering that James W Howard, Thomas D Foy, and Rosco Barrus audit and settle
the accounts of Daniel Weaster adm of Zedack Meadows Dec and report to the
Ordered that Huldah Whitehead be appointed admx to the estate of Gideon P
Whitehead dec and enter into bond in the sum of $1,500 with Benjamin Askew
and Benjamiin L Bryan as securities.
Court to pay George S Attmore $3 to pay the chain bearing for running the
dividing line between Jones and Craven County.
Court to pay Nathan Foscue and Nathaniel Haples(?) $3 each for services in
the running the line in between Jones and Craven County.
Ordered that Nathan Foscue, John H Hammond and Charles Gerock settle the
accounts of Emmanuel Jarman and report to court.
Ordered that John Marrett be released from the condition he gave when Wyatt
Rolands was bound to him that sd Rolands be bound to Bevin(?) Adams.
Ordered that County Trustee vez William Pollock the sum of four dollars
eighty cents for attendance in court.
At an election for county J Sperreyor (?), William Rhodes was duly elected
according to law and that he enter into bond according to law.
Ordered that the same amount of tax be levied and collected on the different
species of property as last year.
Ordered that Joseph B Kinsey be appointed overseer of the Public Road in the
term of Josph Gilmore dec.
Ordered that John B Morehoun(?) have license to retail spirit and liquors for
one year by obtaining license according to law,
Ordered that Daniel Dickson take the tax list in district N 2 that John
Young, Micajah Mattics, Daniel Dickson be appointed to hold the election.
Ordered that James W Howard take the tax list in District No 2 that Daniel
Williamson, Joseph Whitty James Howard be appointed commissioner and that R
Barrus, John Bender, list the election.
Ordered that James Bryan take the tax list in district no 3 that James
McDaniel, William Huggins and James C Bryan be appointed commissioners,
Charles Gerock, Benjamin Askew and Samuel Hill hold the election in said
Ordered that Calvin Koonce take the tax list in district 4 that John S
Koonce, Igentius W Brock, Calvin Koonce be appointed in said district that
Jno Dillahunt, James D Kinsey and John Jones hold the election.
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