Affidavit of Thomas Bowles in Casey v. Bowles, 12 November 18391
| State of Illinois | } |
| Menard County | SS[sciliet] |
Thomas Bowles, the defendant in a certain suit in the circuit court of said county wherein John Casey adminstrator &c[etc] of John Prince is plaintiff being first duly sworn, states on oath that he was regularly served
with process in said cause, that it was his intention to appear and plead in said
action; that he started from home for that purpose on sunday evening last and was
only prevented reaching court by the calling of said cause, by losing his way, being
a stranger in the country; and his residence being twentysix miles from Petersburgh in the most wilderness like part of the county— He further states that he has a good
defence to said suit in this, towit; that he never executed ^or gave^ such a note as the one described in the plaintiff[’]s declaration, and a copy of which is given at the end thereof—2
He therefore
prays
that further states that judgement in said cause was taken by default against him on yesterday— He there fore prays that said default may be set aside, and he permitted to plead in the cause—3
Thomas Bowles[ certification
]
11/12/1839
11/12/1839
Sworn to & subscribed before me this this 12th day of Nov. A.D. 1839
Nathan Dresser Clerk<Page 2>
[ docketing
]
John Casey vs Thomas Bowles
[ docketing
]
Affidavit of Bowles
1Abraham Lincoln wrote the body of the affidavit. Bowles signed his own name.
Lincoln represented Bowles in the case.
Casey v. Bowles, 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=135173.
2On July 3, 1838, Bowles gave a $125 promissory note to Prince; and when Prince died,
the note remained unpaid. In October 1839, Casey filed suit to collect payment of
the debt. On October 31, the court entered a default judgment when Bowles failed to
appear.
Promissory Note, 3 July 1838; Declaration, 12 October 1839, both in Casey v. Bowles, case file, box 1; Docket Book 1st, all in Menard County Circuit Court, Menard County
Courthouse, Petersburg, IL; Casey v. Bowles, 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=135173.
3On November 12, the court set aside the default judgment, and then on June 8, 1840,
a jury found for Casey and awarded $135.79 for the debt and interest. Some of the
personal property of Bowles was sold, but the entire debt was never paid in full.
Record I & J, 26, 39; Writ of Fieri Facias, 12 June 1840; Writ of Fieri Facias, 26
November 1840, both in box 1; all in Menard County Circuit Court, Menard County Courthouse,
Petersburg, IL; Casey v. Bowles, 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=135173.
Handwritten Document Signed, 2 page(s), Abraham Lincoln Papers, Library of Congress (Washington, DC).