Papers Of Abraham Lincoln

Abraham Lincoln to Samuel D. Marshall, 6 December 18441
Springfield, Dec^r 6. 1844.Dear Sam:
In your last letter, you incline to complain, that in mine, I did not notice what you had said about the case of Stickney vs Cassell, nor the cases against the Shawneetown Bank–2 The truth is, when I received your letter, I glanced it over, stuck it away, postponed the consideration of the cases, above mentioned, and forgot them alltogether– I now give you some account of all your cases, in detail–

Dorman vs Lane, stands as it did, & I will do the best I can with it according to your instructions–3 Gatewood vs. Wood & Wood we would have failed entirely to get into court but for an agreement with M^r Eddy, which saved us–4 By the agreement we altered the record so as to make it appear that it had been sent to the circuit court, also agreeing that at the next term of the Galatin circuit court, all the papers & orders are to be altered then accordingly nunc pro tunc—5 Stickney vs Cassell, I have just examined, & I think I can get the judgement affirmed–6 I'll try:— The cases against the

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Bank, neither Logan nor I can engage in with you; we being to some extent standing counsel for Dunlap, & also specially retained by him in these cases–7 M^r Eddy has retained me in a case for your father, for the Supreme court; which however, I have not yet examined–8

Give my respects to your Father and believe me as ever
Your sincere friendA. Lincoln

[ docketing ]
Samuel D Marshall
Marshall

1Abraham Lincoln wrote and signed the letter.

2Samuel D. Marshall’s letter to Lincoln has not been located. Lincoln’s previous communication may have been his November 11, 1842 letter to Marshall. A Shawneetown lawyer, Marshall sent several of his cases to Lincoln to argue on appeal to the Illinois Supreme Court, which met in Springfield.
Dorman et ux. v. Lane, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, 2d edition (Springfield: Illinois Historic Preservation Agency, 2009), http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=137092; Dorman et ux. v. Yost, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition; http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=137093; Grable v. Margrave, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=136016; J. Charles Stickney & Co. v. Cassell, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=136014.
Lincoln represented Jacob Cassell in J. Charles Stickney & Company v. Cassell, a case in the Illinois Supreme Court on appeal from the Gallatin County Circuit Court, where Marshall had represented Cassell.
J. Charles Stickney & Co. v. Cassell, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=136014.

In the federal court case of Stickney for the use of the Bank of Missouri v. the State Bank of Illinois, Lincoln represented James Dunlap, a trustee of the State Bank of Illinois, and Marshall represented John B. Stickney. Lincoln’s law partner Stephen T. Logan also represented the State Bank of Illinois in Wilmans et al. v. State Bank of Illinois in the Illinois Supreme Court on appeal from the Gallatin County Circuit Court.
Stickney for use of Bank of Missouri v. State Bank of Illinois, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=137626; Wilmans et al. v. State Bank of Illinois, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=138015.

3Lincoln represented William and Nancy Dorman in the Illinois Supreme Court case of Dorman et ux. v. Lane, on appeal from the Gallatin County Circuit Court, where Marshall had represented them.
Dorman et ux. v. Lane, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=137092; Daniel W. Stowell et al., eds., The Papers of Abraham Lincoln: Legal Documents and Cases (Charlottesville, University of Virginia Press, 2008), 1:259.

4Gatewood v. Wood & Wood was a case from the Gallatin County Circuit Court. Presumably, as in the other cases, Marshall had been the attorney and had sent the case to Lincoln for appeal to the Illinois Supreme Court. In fact, the case did not come before the Supreme Court.
Gatewood v. Wood & Wood, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=141122; Daniel W. Stowell et al., eds., The Papers of Abraham Lincoln: Legal Documents and Cases, 1:273.

5“Now for then,” this Latin phrase refers to an order that allows a case record to be altered after the fact.
Henry Campbell Black, Black’s Law Dictionary, 5th ed. (St. Paul, MN: West, 1979), 964.

6In fact, the Illinois Supreme Court reversed the lower court’s decision, deciding against Lincoln’s client.
J. Charles Stickney & Co. v. Cassell, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=136014.

7Dunlap was a trustee of the State Bank of Illinois.
Stickney for use of Bank of Missouri v. State Bank of Illinois, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=137626; Wilmans et al. v. State Bank of Illinois, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=138015; Daniel W. Stowell et al., eds., The Papers of Abraham Lincoln: Legal Documents and Cases, 1:273n.

8Lincoln represented Eddy, John Marshall, and two others on the appeal of a debt case to the Illinois Supreme Court. The court reversed the decision of $1,040.25 in damages against Lincoln’s clients and remanded the case back to the Gallatin County Circuit Court.
Field et al. v. Rawlings, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=136018.