Prince William County Virginia Clerk’s Loose Papers



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Prince William County Virginia
Clerk’s Loose Papers
Volume VIII
Selected Transcripts 1897 - 1915


Copyright 2006

Ronald Ray Turner

6352 Avington Place

Gainesville, VA 20155


Printed in the United States of America


1 May 1897

Temple Smith vs Southern Railway Company

Virginia, Prince William County, to-wit:

To F. C. Rorabaugh, constable of said county: You are hereby commanded to summons the Southern Railway Company to appear at Manassas, in said County on the 14 day of May, 1897 at 2 P.M. before me or some other justice of said county as may then be there to try this warrant to answer the claim of W. Temple Smith to damages, to –wit for the sum of fifty dollars due for injury done to property for this to wit, that said Southern Railway Company by its agents on the 4 day of February 1897 did negligently kill one cow of the value of fifty dollars, the property of the said W. Temple Smith; and then and there make return of this warrant.

Given under my hand this the 1 day of May 1897

W. M. Rice J.P.

Executed on the 1st day of May 1897 by delivering a copy of the within process to L. B. Thomas, agent of the Southern Railway Company in Prince William County wherein the said L. B. Thomas place of business is. F. C. Rorabaugh, constable


The Commonwealth of Virginia: To the Sheriff of the County of Prince William, greetings: We command you to summon Robert Rector & Frank Davis to personally appear before the Judge of our County Court of Prince William County, at the court-house on the 1st day of June term next, to testify and the truth to say on behalf of Defendant in a certain matter of controversy in our said Court, before our said Judge, depending and undetermined between Smith plaintiff and Southern Railroad Company plaintiff. And this they shall in nowise omit, under the penalty of $100. And have then there this Writ. Witness Edwin Nelson, Clerk of our said Court, at the Court House of the said County this 1st day of June 1897, and in the 121 year of the Commonwealth. E. Nelson, Clerk
Commonwealth of Virginia

Prince William County to Wit:

8 May 1897

To subject in controversy upon this warrant exceeding the amount of 420.00 I do upon the application of defendant before trial remove the case to the County Court of the County aforesaid.

W. M. Rice J. P.

Prince William County

The Commonwealth of Virginia: To the Sheriff of the County of Prince William, greetings: We command you to summon Ben Merchant & Dr. Stoddard to personally appear before the Judge of our County Court of Prince William County, at the court-house on the 7th day of June term next, to testify and the truth to say on behalf of Defendant in a certain matter of controversy in our said Court, before our said Judge, depending and undetermined between Smith plaintiff and Southern Railroad Company defendant. And this they shall in nowise omit, under the penalty of $100. And have then there this Writ. Witness Edwin Nelson, Clerk of our said Court, at the Court House of the said County this 7th day of June 1897, and in the 121 year of the Commonwealth. J. E. Herrell, D. Clerk

1 January 1900

Franz Peters & Geo. A. Hulfish vs Southern Railway Company

Rent of Haymarket Depot

NOTE: Southern Railway Company to Peters & Hulfish

To Rent for Haymarket Depot from August 1, 1898 to December 31, 1899

17 Months @ 8.33 1/3 $141.67


The Commonwealth of Virginia: To the Sheriff of the County of Prince William, greetings: We command you to summon Southern Railway Company to appear at the Clerk’s office of our Circuit Court of the county of Prince William at the court-house thereof, at the Rules to be holden for said court, on the 3rd Monday in April next to answer Franz Peters & George A. Hulfish of a plea of trespass on the case in Assumpsit. Damage $200.00 Dollars. And have then there this writ. Witness Edwin Nelson, Clerk of our said court, at the court-house, the 21st day of April 1901, and in the 125 year of the Commonwealth.

E. Nelson, clerk

Executed the within summons February 12, 1903 upon the Southern Railway Company by delivering to J. F. Coleman, agent of the said Southern Railway Company, at his place of business at Manassas, Va. a copy hereof – then being no President, Vice President, and Treasurer, Auditor or Director of the said Southern Railway Company to whom I could deliver the summon an inhabitant of my County.

J. P. Leachman

Sheriff of Prince William County

Declaration in Assumpsit

In the Circuit Court for the County of Prince William County, Franz Peters and George A. Hulfish plaintiff complain of Southern Railway Company a corporation who has been summoned, & etc. of a plea of trespass on the case in assumpsit, for this, that heretofore, to wit: on the first day of January 1900 at the county of Prince William, the Defendant was indebted to, the Plaintiffs in 4141.67 for the rent and occupation of Haymarket Depot Building of the plaintiffs from the first day of August 1898 to January 1, 1900 at the amount of $8.33 1/3 per month.

And in $141.67 for the price and value of other goods bargained and sold by the Plaintiffs to the Defendant at its request.

And in $141.67 for the price and value of work then and there done by the Plaintiffs to the Defendant at its request.

And in $141.67 for materials furnished then and there by the Plaintiffs to the Defendant at its request.

And in $141.67 for money then and there lent by the Plaintiffs to the Defendant at its request.

And in $141.67 for money then and there received by the Defendant to the use of the Plaintiffs

And in $141.67 for money found to be due from the Defendant to the Plaintiff on an account then and there stated between them.

And the defendant afterwards, to wit: on the day and year aforesaid, in consideration of the premise respectively, then and there promised to pay the said several sums of money respectively, to the Plaintiffs on request.

Nevertheless the said defendant, not regarding its said several promises and undertakings, hath not as yet paid to the said plaintiffs the said several sums of money, or any or either of them, or any part thereof, although often requested so to do; but to pay the same hath hitherto wholly neglected and refused, and still doth neglect and refuse to the damage of the said plaintiff of $200 dollars. And therefore he brings his suite.

John M. Johnson p.q.

(Judgment for 94.10 with interest from May 12, 1902 without costs)
10 August 1900

T. S. Meredith vs Southern Railway Company

Circuit Court of Prince William County, Virginia

To 1st September Rules, 1901. T. S. Meredith, plaintiff, complains of the Southern Railway Company, a corporation incorporated under the laws of the State of Virginia, defendant, who has been duly summoned to answer in this case, of a plea of trespass on the case, for this, to wit, that the defendant, before and on a day heretofore, to wit, the 10th day of August, 1900, owned, possessed, used and operated a line of railroad through a portion of said county, yet the said defendant disregarding the statute in such case made and provided, failed and neglected on the said day, and had failed and neglected prior thereto, to construct across its road bed and keep in good repair a sufficient cattle guard with which its fences should be connected, by reason of which failure as aforesaid and for want of such sufficient cattle guard constructed and kept in good repair as required by statute as aforesaid a cow belonging to the said plaintiff on or about the said day strayed and went upon the said road bed at a certain place along the line of said railroad in said county, to wit, near Gainesville, where said sufficient cattle guard ought to have been constructed and kept in good repair but where said defendant company had failed to construct and keep in good repair a sufficient cattle guard as required by said statute, the said place being on one side of a public crossing and not being at any private crossing of said road bed where the said statute relieves the defendant company of its duty of constructing and keeping in good repair said sufficient cattle guard with the consent of the owner of said private crossing; and the said cow being so then and there on the said road bed and tracks of the defendant company was then and there ran upon and struck by a certain steam engine and cars of the defendant company then and there being drawn and propelled over and upon the said railroad, and thereby the said cow, of the value of one hundred and twenty-five dollars ($125.00), so ran upon and struck as aforesaid, was bruised, , wounded and mortally hurt so that the said cow had to be killed, and by reason of the bruising, wounding and mortally hurting of the said cow by the engine and cars of the defendant company as aforesaid the said cow was wholly lost to the plaintiff, and plaintiff suffered great injury and loss, to wit, to the extent of $125.00 by being so deprived of the use of the said cow so bruised, wounded and mortally hurt and wholly lost to the said plaintiff as aforesaid; and the said defendant company hath hitherto refused and still doth refuse to compensate the said plaintiff for the loss of the cow as aforesaid. Whereby the said plaintiff hath suffered great loss and damage, to wit, to the amount of $125.00. And therefore he brings his suite.

J. S. Meredith

By Cox & Meredith p.q.

(We the Jury find for the Plaintiff and Assess the damage at $450,00)

R. H. Davis


17 April 1901

L. A. Marsteller vs Southern Railway Company

Trespass on Case

The Commonwealth of Virginia: To the Sheriff of the County of Prince William, greetings: We command you to summon Southern Railway Company to appear at the Clerk’s office of our Circuit Court of the county of Prince William at the court-house thereof, at the Rules to be holden for said court, on the First Monday in May next to answer L. A. Marsteller of a plea of trespass on the case. Damage Five Hundred Dollars. And have then there this writ. Witness Edwin Nelson, Clerk of our said court, at the court-house, the 17th day of April 1901, and in the 125 year of the Commonwealth.

E. Nelson

Neither the President, Cashier, Treasurer, General Superintendent or any of the Directors of Southern Railway Company being residents of my County on whom there might be service of the within process I executed the same by delivering a true copy thereof to C. W. Embrey, Agent, of said Southern Railway Company at his usual place of business in the Town of Manassas, in Prince William County Virginia on the 25 day of April 1901. F. C. Rorabaugh, Deputy for

J. P. Leachman, Sheriff for Prince William County
14 May 1901

J. R. Wolverton vs Southern Railway Company

Witness Ticket

SOUTHERN RAILWAY COMPANY

ALABAMA GREAT SOUTHERN RAILROAD COMPANY

1. Certificate of Court Attendance of Employee

In the Circuit Court of Prince William County

J. R. Wolverton, Plaintiff


21August 1901

Norman Bettis vs Southern Railway Company

Circuit Court of Prince William County

Norman Bettis, by J. L. Bettis, who is admitted by the court here to prosecute for the said Norman Bettis (who is an infant under the age of 21 years) as his father and the next friend of the said Norman bettis, plaintiff, complains of the Southern Railway Company, a corporation incorporated under the laws of the State of Virginia, who has been duly summoned to answer in this case, defendant, of a plea or trespass on the case, for this, to wit, that the defendant before and on a day heretofore, to wit, on or about the 21st day of August, 1901, owned, possessed, used and operated a line of railroad through a portion of said county, and was also in care, control, management, operation and maintenance of certain steam engines, coaches and cars which were used and operated by said defendant over and upon said railroad as a common carrier of passenger for hire, through its agents, servants and employees, through a portion of said county as aforesaid.

And the said plaintiff further says that on or about the said day he purchased a passage ticket from the defendant’s agent at Nokesville, in said county, paying therefor the amount of money demanded by said agent, said ticket, purchased as aforesaid, entitling said plaintiff to a passage in said defendant’s coaches and cars from Nokesville to Culpeper and return, said Nokesville and Culpeper both being on the defendant’s line of railroad. And the said plaintiff further says that on the day and year aforesaid he took passage on the defendant’s coaches and cars to return from Culpeper to Nokesville, and delivered to the conductor in charge of said coaches and cars, said conductor being an agent and employee of said defendant, said ticket, and by reason of which purchase and delivery of said ticket as aforesaid the plaintiff had a right to be in said defendant’s coaches and cars and became lawfully entitled to a safe passage from Culpeper to Nokesville and to lawful treatment at the hands of the said defendant, its agents and employees, while the said plaintiff was in the defendant’s coaches and cars and upon the defendant’s property.

Nevertheless, the said plaintiff says that when the said defendant’s coaches and cars had reached said Nokesville on the day and year aforesaid, and while the said plaintiff was in and upon the said coaches and cars and under the care and protection of the said defendant, its agents and employees, to wit, upon the step of one of the said coaches, and while the said coaches and cars were in motion, the conductor, agent and employee of the said company, did, while acting as agent and employee of said defendant, wrongfully, violently and with great force assault the said plaintiff and did then and there push and hurl the said plaintiff from the said coach while the said coach was in motion, and did precipitate the said plaintiff violently and with great force to the ground, whereby the said plaintiff was severely and grievously injured and wounded, and was forced to expend a large sum of money, to wit, ($blank), in being treated and healed of said injuries and wounds, and the said plaintiff did suffer other and grievous injuries to his person and feelings by reason of the wrongful assaulting, pushing and hurling by the defendant’s agent and employee as aforesaid, to the great damage of the said plaintiff and against the peace of the Commonwealth. Wherefore the said plaintiff says that he is injured and hath suffered damage to the amount of $450.00 and therefore he brings his suit. Cox & Meredith p.q.


The Court instructs the jury that if they believe from the evidence that the plaintiff had purchased from an authorized agent of the defendant company a passage ticket and had delivered the said ticket to the conductor of the defendant company’s train, the plaintiff was entitled to a safe passage on the defendant company’s train and to respectful treatment by the defendant company’s conductor and agents; and if they believe from the evidence that the defendant company’s conductor intentionally pushed or threw the plaintiff from the train while it was in motion or at a standstill, while the conductor was acting as agent of the said company, whereby the said plaintiff was in any degree injured, they will
The Court instructs the Jury that even if the plaintiff was under the influence of liquor, or was using loud, boisterous, or profane language at the time he was pushed or thrown from the company’s train by the said conductor, such condition or conduct on the part of the plaintiff was no justification of the act of the company’s conductor in so pushing or throwing the plaintiff from the said train; and if they believe from the evidence that the said conductor did so intentionally throw or push the plaintiff from the said train they will find for the plaintiff.
The Court instructs the Jury that punitive or exemplary damages means damages given not only to recompense the sufferer but to punish the offender and thereby to deter others from like offending, and that if they believe from the evidence that the plaintiff was maliciously or wantonly injured, with circumstances of contumely or indignity, they are not limited to compensatory damages, but may give such exemplary damages as, in their opinion, are called for by the circumstances of the case.
14 September 1901

James Carr vs Southern Railway Company

Attachment

The Commonwealth of Virginia

Prince William County , to wit:

To J. P. Leachman, Sheriff of said County.

You are Hereby Commanded to Summon The Southern R. R. Company a corporation doing business in your county if to be found in your County, to appear at Manassas in said County, on the 28th day of September 1901 at 2 o’clock P.M., before me or such other Justice of said County as may then be there to try this warrant, to answer the claim of James Carr, on a claim for debt due by Damages for One Colt Killed to wit: for the sum of $35 with interest thereon from 13th day of September 1901; and then and there make return of this warrant. Given Under My Hand This 14 day of September 1901

W. M. Rice J. P.

Executed – September 14th 1901 by delivering to C. W. Embrey agent of the Southern Railway Company of Manassas, Virginia at his usual place of business a copy of this warrant there being no president, treasurer, general manager of the Southern Railway Company inhabitant of my county, to whom I could deliver this warrant.

J. P. Leachman

Sheriff, Prince William County
I James M. Moore, Agent for the Southern Railway Company do solemnly swear that to the warrant of James Carr against the said Company returnable on the 28th day of September 1901 at Manassas in Prince William County, Virginia, before W. M. Rice a Justice of the Peace of said County that the said Company has a substantial defense thereto, and that the amount in controversy therein exceeding the sum of Twenty dollars, to pray that the said cause to removal to the County Court of the said County.

James M. Moore

Agent for the Southern Railway Co.

Virginia, Prince William County, To-Wit;

Sworn to by the above James M. Moore, before me in my said County this 4th day of September 1901 J. Jenkyn Davies

Clerk in Charge for Circuit Court, Pr. Wm. Co.


Note- 1901 The Southern Railroad Company To James Carr DR

Sept 14 To amount of damage for one colt killed on the grounds of the said Southern R. R. Co. in the County of Prince William.


Commonwealth of Virginia,

On the 28th day of September 1901, Prince William County to Wit:

The proper affidavit having been made and the subject in controversy upon this warrant exceeding the amount of twenty dollars ($20) I do upon the application of the defendant before trial remove the case to the County Court of Prince William County.

W. M. Rice J.P.


15 November1901

C. F. Colbert, administratrix of John P. Colbert, deceased

vs Southern Railway Company

Circuit Court of Prince William County

Prince William County Court

January 7th 1902

On motion of C. F. Colbert who made oath and together with William A. Clark Jr. her surety who justified as to his sufficiency entered into and acknowledged a bond in the penalty of $150.00 conditioned according to law. Certificate is granted the said C. F. Colbert for obtaining letters of administration upon the estate of John P. Colbert, deceased, in due form. A Copy teste

E. Nelson, clerk

The Commonwealth of Virginia – Summon

To the Sheriff of the County of Prince William, Greetings: We command you to summon Southern Railway Company a Corporation existing under the laws of the State of Virginia to appear at the Clerk’s office of our Circuit Court of the county of Prince William, at the courthouse thereof, at the Rules to be holden for said court, on the 3rd Monday in August next to answer C. F. Colbert, administratrix of John P. Colbert, deceased of a plea of trespass on the case. Damage $1000.00 Dollars. And have then there this writ. Witness, Edwin Nelson, Clerk of our said court, at the courthouse, the 9th day of August 1902, and in the 127th year of the Commonwealth.

E. Nelson, Clerk


To 2nd Rules in August 1902 – C. F. Colbert, Administratrix of John P. Colbert, deceased, plaintiff complains of the Southern Railway Company, a corporation existing under the laws of the State of Virginia, defendant, which has been duly summoned to answer a plea of trespass on the case.

For this to-wit: that before and at the time of committing the grievance hereinafter mentioned the said defendant was engaged in operating a railway through a part of the said county of Prince William; that, being so engaged it was the said defendants duty to exercise care and prudence in the running and management of the trains on said railway; that heretofore to-wit: on the 15th day of November 1901 the said plaintiff’s intestate, John P. Colbert, was crossing said railway in said county on his lawful and proper business at one of the known and public crossings of said railway to-wit: at the crossing in the town of Manassas in said county where the highway called “Fairview Avenue” crosses said railway; and that whilst the said John P. Colbert was so crossing said railway the said defendant did so carelessly, negligently and with great force and violence run and drive one of its trains, then being a said railway, upon and against the said John P. Colbert, and with the said train did so greatly wound him that he of the said wounds so received died a short time thereafter, to-wit: on the day and year last aforesaid and his death was caused by the wrongful act, neglect and default of the said defendant.

And therefore the plaintiff avers that she is entitled to require of the defendant damages to the extent of One Thousand ($1,000.00) Dollars and accordingly brings her suite.

Moore & Keith & Thos Lion


Prince William County, to-wit:

Personally appeared before me the undersigned notary public for the county aforesaid, John R. Tillett, who made oath in due form of law that he, the said affiant, was and had been for a number of years well acquainted with John P. Colbert, deceased, that the said deceased at the time he departed this life had but three heirs at law, viz: his brother, William Colbert and his sister Kate Spittle and his widow, C. F. Colbert. Said affiant further states that George Colbert, deceased, a brother of said John P. Colbert, departed this life without issue.

Given under my hand this 18th day of August 1902

J. Moser N.P.


Prince William County, to-wit:

Manassas, Va. January 19th 1902

Whereas on or about the 18th day of November 1901, John P. Colbert, deceased, was struck by one of the trains of the Southern Railway Company, in the town of Manassas, Prince William County and State of Virginia, the effect of which caused the death of the said John P. Colbert, deceased, and whereas C. F. Colbert, widow of the said John P. Colbert, deceased, contemplates taking action against the said Southern Railway Company for the purpose of recovering damages for the loss of her late husband; and whereas William Colbert and Mrs. Kate Spittle, of #331 Patrick Street, Alexandria, Virginia, Brother and Sister of the said John P. Colbert; Now this is to certify that if the said C. F. Colbert, widow aforesaid, shall recover of the said Southern Railway Company any sum by reason of the death of her late husband, that we the said William Colbert and Mrs. Kate Spittle do hereby agree, and do release any right, title or interest in and to such sum or sums that the said C. F. Colbert may recover of the said Southern Railway Company, and sum so recovered shall be the sole and absolute property of the said C. F. Colbert, widow aforesaid.

William H. Colbert

Kate Spittle

Witness as to Colbert

Thos. Lion
C. F. Colbert, administratrix of John P. Colbert, deceased

vs

Southern Railway Company



Come now the parties complainant and defendant in the above styled cause and agree that the said cause may be submitted to the Judge, of the Circuit Court of Prince William County, at any time upon the request of the complainant, during vacation for a final decision and judgment, as provided under Chapter 137 of the Code of Virginia of 1887. It is further agreed that said judgment shall be rendered upon any written or oral agreement as to a compromise of this cause that may be submitted herewith.

Witness the following signatures this 9th day of September 1902

Moore and Keith and Thos. Lion – Attorneys for complainant

J. B. T. Thornton, Attorney for defendant


C. F. Colbert, administratrix of John P. Colbert, deceased

vs

Southern Railway Company



It appearing from a paper filed in this cause marked “A”, and hereto annexed, that the complainant and defendant consent and agree that this cause shall be heard and a judgment rendered in vacation under the provisions of Chapter 137 of the Code of Virginia of 1887, upon consideration it is ordered that the Clerk of this court do record the contents of said paper by spreading the same on the common law order book of this court, and that this cause be submitted to the Judge for a decision and judgment in vacation of said court.

Given under my hand this 10th day of September 1902

C. E. Nicol, Judge

In Vacation of the Circuit Court of

Prince William County, Virginia.

Whereas, it appears there is pending in said court an action of trespass on the case between C. F. Colbert, administratrix of John P. Colbert, deceased, against the Southern Railway Company, and said action maturing at Second August Rules 1902, by acceptance of service, by proper party, of process issued therein, and it appearing further that said plaintiff and defendant have consented and agreed that said cause shall be heard and determined in vacation, and that final judgment shall be rendered therein as by statute provided.

Therefore, be it ordered by consent of defendant & said plaintiff do recover of said defendant the sum of $1,000.00 with interest thereon from the 30th day of September 1902, if not sooner paid, and cost by her in this behalf expended.

It appearing further to the court that said John P. Colbert departed this without issue, and that the heirs at law being his widow, the said C. F. Colbert, William H. Colbert, his brother, and Kate Spittle, his sister and wife of Randolph Spittle. The said William H. Colbert and Kate Spittle having released and assigned to the said C. F. Colbert all interest in such sum that might be recovered by the estate of said John P. Colbert, as evidenced by a written release hereto attached and marked “B”; therefore, be it further ordered that said sum of $1,000.00 be for the sole use of said C. F. Colbert, widow of said John P. Colbert, deceased.

The clerk of this court spread said paper marked “B” together with this order on the common law order book of this court, and in the event that the said sum of $1000.00 and cost aforesaid be not paid on or before said 30th day of September 1902, he shall issue execution for said sum and cost in favor of said plaintiff. Given under my hand this 10th September 1902

C. E. Nicol, Judge



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