Lincoln & Herndon to Elihu N. Powell and William F. Bryan, 15 November 18451Springfield Ills Nov. 15th 1845.Messrs:[Messieurs] Powell & BryanGent.[Gentlemen]
We have attended to your case and have succeeded in gaining the point. We had it thrown out of court or our motion to quash the sci fi[scire facias] was sustained by the Court.2 The opposite attorney for the Bank fought well, but was unsuccessful in his attempts to sustain his grounds. for sci fi. Before getting your last letter we had concluded upon the general grounds, but when that came we were at once Satisfied that we were right &c.[etc.]3 Any business you may have in our line will be promptly attended to.Yours Obd[Obediently]Lincoln & HerndonFee for. quashing sci fa[scire facias] $10.00 (Ten Dollars) and please send us that amount when you can conveniently and oblige—L. & H.
1William H. Herndon wrote and signed the letter on behalf of himself and his law partner, Abraham Lincoln.
2A writ of scire facias was used to request the enforcement of a previous court order, commonly an order over a year old.
Henry Campbell Black, Black’s Law Dictionary, 5th ed. (St. Paul, MN: West, 1979), 1208.
3This letter may concern the case of State Bank of Illinois v. Henderson et al., in which William H. Henderson and Moses Harlan gave a promissory note to the State Bank of Illinois but failed to pay. The Bank sued, the Sangamon County Circuit Court awarded the Bank $486.40 in damages, and the court then revived the case against the administrators of Harlan’s estate. Harlan’s heirs retained Lincoln & Herndon to quash the writ of scire facias that made them party to the suit. The court granted the motion and quashed the writ.
State Bank of Illinois v. Henderson et al., 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.
Autograph Letter Signed, 1 page(s), Private Collection, Guy Fraker, Bloomington, IL.