
Transcribed by Wayne Duncan. The records are in average to poor condition and are extremely difficult to read and decipher the handwriting style. For the sake of originality, I did not change any words or add any grammatical markings. If I could not decipher a word or it was unreadable, my transcription has a _____ for that word.
File # 894
Pike Circuit Court
Pike County & Circuit Ct
Compton McCoy, Plaintiff
Vs.
John Peyton, Defendant
Filed September 18, 1848
Compton McCoy plff complains of John Peyton, deft in custody, he of a plea of trespass victarmis for that the said deft on the ____day of 1848 at theCircuit and County ofc. With force and arms beat, bruised and wounded and ill treated the said plff to his damages of $100.
And also for that the said deft on the ___ day of ___ and at the Circuit and County ofc ___ beat bruised wounded and ill treated the said plff to his damage $100
And also and on that the said deft in the ____ and ___ ofc at the County and Circuit ofc beat brusied and wounded the said plff and ill treated him in so much so that his life was displaced of and other ____ & ____ these and these did the said plf to this damage $300 whereas be _______
L.N. Harris Jg
REVERSE SIDE:
McCoy vs Peyton, whereas this is an action of victarmis damages $300 and no bail is reqd.
L.N. Harris Jg
Of a for def Simeon Justice and ____ Pierson
L.N. Harris Jg
Filed Sept 18, 1848 att John M.Richardson, clk
October 1849
_____ agreed
Tax Paid =
L.N. Harris, Jg
NEW SHEET:
J. Peyton
Vs.
G. McCoy
And as to the first count in the plff said declaration, the deft __ and defends the force and injury when __ and says that the said plff ought not to have or maintain his aforesaid action. There are of against him because he says that the plff just before the time when ___ to wit: On the day and year aforesaid with force and arms made an assault upon him the said deft and would then and there have beaten and ill treated him the said deft. If he had not immediately defended himself agains the said plff wherefore the sd. Def did then and only then defend himself as he lawfully might for the cause aforesaid and in so doing did unsucessfully and unavoidably either beat wound and ill-treat the sd. deft doing no unnecessary to the sd. plff on the occasion aforesaid & so the deft saith that if any hurt or damages then they and there he app____ to the sd. Plff, the same was occassioned to the said assault. So made by the ad. Plff on him the sd. Deft and in the necessary defence of himself of which are the supposed trespassers in the introductory past of this plea maintains & where of the sd. Plff hath above complained and this the sd. deft is ready to verify. Wherefore he _____ if the sd. plff ought to have or maintain his aforesaid action thereof against him. And to the second and third counts in the sd. declaration mentions the sd. def saith that he is not guilty of the force and injury thereof complained against him.
And of this he the said defendant puts himself _______the county & C.
H.M. Rust
And to the first plea says that he likewise put himself in the county.
Harris
And the said plff says that the deft by his own words and without the excuse alleged in his plea & of this day is ready to verify. And the deft doth the like.
Rust & _____
REVERSE SIDE:
Peyton (Plea)
Vs.
McCoy
Filed October 7, 1848
John M. Richardson, Clk
NEW SHEET:
The commonwealth of Kentucky to the Sheriff of Pike Countym greetings, we command you to take John Peyton if found in your county and and him safely keep so that you have his body before the Judge of our Pike Circuit Court at the courthouse in Pikeville on the 1st day of our next October term to answer Compton McCoy to a plea of trespass vict armis damages of $300 and have then there this with witness John M. Richardson, clerk of our said court, this 18th day of September 1848 and in the 57th year of the Commonwealth.
Attest: John M.Richardson, Clk
This is an action of trespass vict armis, damages $300 & no bail req. S.T.
Harris, Jg
REVERSE SIDE:
Executed on the within named on the 24 September 1848
H. K. Bevins DS for T. May
NEW SHEET:
The commonwealth of Kentucky to the Sheriff of Pike Countym greetings, we command you to summon Simon Justice and Thomas Pinson to appear before the judge of our Pike Circuit court at the courthouse in Pikeville on the 5th day of our next October term to testify and the truth to speak in behalf of Compton McCoy in a certain matter of controversy, finding, and undetermined to our said court, whereas said C. McCoy plff and John Peyton deft and this then shall in ___ ___ and omit under the penalty of 100 each and have then there this with witness John M. Richardson, clerk of our said court the 18th day of Sept 1848.
Attest: John M. Richardson
REVERSE SIDE:
C. McCoy
John Peyton
To Oct Term 1848
5 day
Executed in full
H.K. Bevins DS for T. May, she
NEW SHEET:
McCoy vs. Peyton
Dec filed 18 Sept 1848 ____ ____ due to Oct 1848 day ____ October term 1848 ____ afore April Term 1849, for plff.
NEW SHEET:
The commonwealth of Kentucky to the Sheriff of Pike Countym greetings, we command you to summon Simon Justice and Thomas Pinson to appear before the judge of our Pike Circuit court at the courthouse in Pikeville on the 3rd day of our next October term to testify and the truth to speak in behalf of the plaintiff in a certain matter of controversy, finding, and undetermined to our said court, whereas said C. McCoy plff and John Peyton deft and this then shall in ___ ___ and omit under the penalty of 100 each and have then there this with witness John M. Richardson, clerk of our said court the 26h day of June 1849.
Attest: John M. Richardson, clk
REVERSE SIDE:
Executed in full
H.K. Bevins DS for T. May,she
To Oct Term 1849
3 day
NEW SHEET:
The commonwealth of Kentucky to the Sheriff of Pike Countym greetings, we command you to summon Simon Justice and Thomas Pinson to appear before the judge of our Pike Circuit court at the courthouse in Pikeville to testify and the truth to speak in behalf of Compton McCoy in a certain matter of controversy, finding, and undetermined to our said court, whereas said C. McCoy plff and John Peyton deft and that they shall ____ ____ omit under the penalty of 100 each and have then there this with witness John M. Richardson, clerk of our said court the 27th day of November 1848.
Attest: John M. Richardson, clk
REVERSE SIDE:
McCoy
Vs
Peyton
To April Term 49
4 day
Executed on Simeon Justice
H.K. Bevins DS for T. May, she
Thas Pinson not found
H.K. Bevins DS for T. May, she