Abstracts of the Cape Girardeau Court of Common Pleas minutes for July 18–19, 1810, show James L. Fortenberry and Henry Fortenberry serving together as jurors. They sat on the jury in Morgan Byrne v. Jeremiah Simpson, and James L. also sat in Adam Shepperd & Co. v. Ezekiel Able, a debt case against the same Ezekiel Able who had given him a title bond the year before. The page also shows other suits against Ezekiel Able that term.
Source files: 1810 7-18 Pleas 170 James L, Henry.jpg (typed abstracts: Vol. 3, Common Pleas, Minutes of the Proceedings, 18 July 1808 – 20 July 1812, page 170)
Transcription
Spelling, capitalization, and punctuation follow the original. [illegible] marks unreadable text, and [?] marks an uncertain reading. Records on the same pages that are not about the Fortenberry family are labeled.
Typed abstract, Common Pleas minutes, Vol. 3, page 170
Entries naming a Fortenberry or an Able are transcribed in full. The rest of the page (nos. 2879–2881 and 2884–2889) concerns unrelated cases. Entries 2890 and up are cut off at the right edge of the scan.
2878. 1810 Jul 18, pg.103.5– Morgan BYRNE vs Jeremiah SIMPSON. Case. Jury empanelled: Samuel PEW, Moses FERGUSON, William DUNN, Henry FORTENBERRY, Thomas FOSTER, Thomas MORGAN, John TYLER junior, William VERDEN, James COX junior, Joshua STILLY, James L. FORTENBERRY and Ithamar HUBBLE. defendant moved on notice and affidavit filed for the plaintiff to produce his daybook, journal and ledger. Motion was overruled. Jury heard the evidence and retired to determine a verdict.
2880. 1810 Jul 19, pg.103.7– Morgan BYRNE vs Jeremiah SIMPSON. Case. Jury found for plaintiff one hundred five dollars sixty four cents and five mills in damages. Defendant moved for a new trial.
2882. 1810 Jul 19, pg.104.1– Adam SHEPPERD and Company vs Ezekiel ABLE. Debt. Attorneys for defendant George C. C. HARBISON and James EVANS. Both parties put themselves upon the court. Jury empanelled: Thomas FOSTER, George DEMENT, William VERDEN, James COX junior, Robert GIBBONY, Thomas MORGAN, Samuel PEW, Moses FERGUSON, John TYLER junior, James L. FORTENBERRY, Joshua STILLY and William DUNN. Plaintiff did not appear. Defendant to recover from plaintiff his costs in this suit. Court ordered that the bond filed in this suit be delivered to Nathaniel POPE which was done accordingly.
2883. 1810 Jul 19, pg.104.2– James ROBERTSON administrator of William COCHRAIN deceased vs Ezekiel ABLE. Breach of covenant broken. Attorneys for defendant George C. C. HARBISON and James EVANS. Both parties put themselves upon the court. Jury empanelled: Thomas FOSTER, George DEMENT, William VERDEN, James COX junior, Robert GIBBONY, Thomas MORGAN, Samuel PEW, Moses FERGUSON, John TYLER junior, James L. FORTENBERRY, Joshua STILLY and William DUNN. Jury found for plaintiff two hundred twenty dollars in damages. Plaintiff to recover from defendant the amount of the damages plus his costs in this suit.
2889. 1810 Jul 19, pg.105.2– Morgan BYRNE vs Jeremiah SIMPSON. Case. Motion for a new trial was overruled. Plaintiff to recover from defendant the damages set by the jury by reason of non payment of the sums in the declaration, plus his costs in this suit.
[Right-hand column, partly cut off: entry 2895 names a jury that includes “FORTEN[BERRY]” and “Henry F[ORTENBERRY]” [?]. The text is incomplete on this scan.]