A justice’s warrant in a small debt case brought by Bryan Gardner against James Roach as administrator of the estate of John Fornes. Gardner claimed the estate owed him $20 on an account. Because no constable was at hand (“for the want of an officer”), Justice of the Peace John Bryan deputized W. H. Ellison to serve the warrant, and Ellison’s name appears on the back as the person who executed it.
Warrant and judgment, Bryan Gardner v. James Roach, administrator of John Fornes – December 1841
Transcription notes: spelling, capitalization and punctuation follow the original. Words in [square brackets] are editorial notes; [?] marks an uncertain reading and [illegible] marks words that could not be read.
State of North Carolina }
Craven County } To any Lawful officer to execute and return. Whereas Bryan Gardner complains that James Roach Admr. [administrator] of John Fornes decd. justly owes him the sum of Twenty dollars by Account and delays payment. these are therefore to command you to bring the said Roach within Thirty days Sundays excepted before me or some other Justice of the peace for said county to answer the above complaint.
Given under my hand & seal Decr. 6th [?] 1841
For the want of an officer to }
W. H. Ellison to Execute and return }
Jno. Bryan J.P. [Justice of the Peace] [seal]
[Back:]
Judgment against James Roach the admr. for Eleven dollars and ten cents. Interest till paid & cost. Given under my hand & seal Decr. 6th [?] 1841
Jno. Bryan J.P. [seal]
[Docket, written crosswise:]
Bryan Gardner
vs.
James Roach
Admr. of John Fornes decd.
Executed by
W. H. Ellison
About the original
On the back, Justice Bryan entered judgment against James Roach as administrator for only $11.10, plus interest until paid and court costs, so Gardner proved a little more than half of what he had claimed.
Small claims like this (under $100) were heard by a single justice of the peace rather than the county court. The day of the month in both dates looks like “6th” but could be “8th.”
Source: Warrant and judgment, Bryan Gardner v. James Roach, administrator of John Fornes. Roach Family Papers (#346), East Carolina Manuscript Collection, J. Y. Joyner Library, East Carolina University, Greenville, NC, Box 1, Folder b (Inventories, Wills, and Estates, 1783–1868). Collection guide. Digitized folder: ECU Digital Collections, 0346-b1-fb.
Images courtesy of East Carolina Manuscript Collection, J. Y. Joyner Library, East Carolina University. View in ECU Digital Collections: 35981.
Part of the Roach Family Papers collection on East Carolina Roots.
