1840 Vermont Court Writ — Penn & Walker vs. Amos Truman — Chittenden County — Burlington — Nonsuit August 1841
Offered here is an original antique legal document from the State of Vermont, dated 1840, representing a civil court action in Chittenden County. This is a multi-page folded writ comprising the original summons, sheriff's return, and related docket notations — a complete legal packet in remarkable condition for its age.
Document Content & Highlights:
The writ is directed to the Sheriff of Chittenden County or his deputies, constables of Burlington, commanding them to summon Amos Truman, Trustee of William Mann, of Burlington, to appear before the County Court to be holden at Burlington for the County of Chittenden on the last Tuesday of August A.D. 1840 — there to answer to Daniel Penn and Solomon Walker, partners under the firm of Penn & Walker, on a plea of the case.
The declaration details that Mann, at Burlington on the 11th day of June 1839, by his note under his hand of that date, promised to pay the plaintiffs by the name of their firm of Penn & Walker the sum of fifty-eight dollars and forty-one cents in thirty days from the date of said note with interest — and further that Mann on the 26th day of November A.D. 1839 became indebted...
The sheriff's return is dated Caledonia, Hardwick, April 23, 1840, certifying service of the writ by leaving a true and attested copy at the last and usual place of abode of the within named Mr. Mann in the State of Vermont — in the hands of Rufus Ormsby, he being a resident therein and a person of sufficient discretion to answer the same — signed by W.H. Gregg, D. Sheriff.
The document is signed by William Noble, Clerk, dated the 26th day of March A.D. 1840, with recognizance notations in which Henry Leavenworth, Trustee, is recognized in the sum of thirty dollars to ensure costs of prosecution.
The docket panel (verso/cover) reads:Penn & Walker vs. Amos Truman, Trustee of Mr. Mann — CC [County Court] — A.D. 1840 — H. Leavenworth, etc.Nonsuit August 1841Below that, in a separate hand: "Rec'd my fees in full in this argument 12-1841 — A. Truman"
Document Details:
- Date: March–April 1840; Nonsuit noted August 1841
- Jurisdiction: State of Vermont, Chittenden County Court, Burlington
- Parties: Daniel Penn & Solomon Walker (plaintiffs / firm Penn & Walker) vs. Amos Truman, Trustee of William Mann (defendant)
- Amount at Issue: $58.41 plus interest
- Officials: William Noble, Clerk; W.H. Gregg, Deputy Sheriff; Rufus Ormsby (service recipient); Henry Leavenworth, Trustee
- Outcome: Nonsuit, August 1841
- Condition: Age-toned, fold lines, light foxing and ink show-through consistent with 185+ years of age; text fully legible; no major losses
