A justice’s warrant brought by Jesse Fornes against James Roach as special administrator of the estate of John Fornes, claiming $40 on account. James Roach accepted service himself, so no officer had to arrest him, and on March 26, 1841, he confessed judgment (admitted the debt) before Alderson Ellison, Justice of the Peace, for $25 with interest until paid.
Warrant and judgment, Jesse Fornes v. James Roach, special administrator of John Fornes – March 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 N. Carolina }
Craven County } To any Lawful Officer of said County
Whereas Jesse Fornes complains that James Roach Admr. of John Fornes Decd. Justly owes him the sum Forty dollars by Account and delays payment. These are in the name of State to command you to Bring said Roach within thirty days hereof (Sundays excepted) before me or some other Justice of the Peace of said County to Answer said Complaint.
Given under my hand and seal 20th [?] day March 1841
Ald. Ellison J.P. [Justice of the Peace]
[Back:]
Jesse Fornes
vs.
James Roach Special Adr. [administrator]
of John Fornes Decd.
Service Accepted by
me James Roach Adr.
[Written along the right edge:]
Judgment Confesed by defendant for twenty five dollars with interest from date of Judgment untill paid. Given under my hand & seal 26th March 1841
Ald. Ellison J.P.
About the original
The judgment matches the two accounts Jesse Fornes proved the same day, March 26, 1841: a $25 claim for money paid in 1838 and a smaller account of $3.30 for brandy and a cow hide (both in this folder). Bringing the claim as a lawsuit and having the administrator confess judgment gave Roach a court record to show he had paid the debt properly. The day the warrant was issued looks like “20th” but could be “26th.”
Source: Warrant and judgment, Jesse Fornes v. James Roach, special 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: 35982.
Part of the Roach Family Papers collection on East Carolina Roots.
