Selected Correspondance of Abraham Lincoln 1851 Petition On Behalf Of One Joshua Gipson
by Abraham Lincoln
TO THE JUDGE OF THE SANGAMON COUNTY COURT,
MAY 13, 1851.
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.