1842 Original Manuscript Legal Affidavit James Nichols Nathaniel Packard Court D For Sale

1842 Original Manuscript Legal Affidavit James Nichols Nathaniel Packard Court Document

3 pages Approximately 12.5\" by 8\" see pics for condition.

• • Date: July 15, 1842

  • Type: Original Handwritten Legal Document / Affidavit

  • Parties Involved: James Nichols (Defendant), Nathaniel Packard (Plaintiff)

  • Official / Magistrate: Henry Leavenworth, Justice of the Peace

  • Location Reference: Chittenden County Court (Vermont)

  • Format: Single folded sheet, lined blue-ruled paper, 3 written pages / docket panel

  • Condition: Excellent historical condition; clear ink, light age toning, original fold lines.

  Up for sale is an original 1842 manuscript legal affidavit detailing a civil court dispute between Nathaniel Packard (Plaintiff) and James Nichols (Defendant) regarding court costs, witness subpoenas, and trial continuances.

  Sworn and subscribed on July 15, 1842, before Henry Leavenworth, Justice of the Peace, this multi-page document provides a vivid look into mid-19th-century legal proceedings and county court practice.

  Document Details:

  • Date: Sworn July 15, 1842

  • Content: James Nichols deposes regarding witness subpoenas issued by D. Wales, Justice of the Peace, dating back to August 1841 and May 1842 for the Chittenden County Court. He details interactions with his counsel, Sam McNally (of Burlington), court postponements, and defends against allegations of unnecessarily increasing court costs, asserting he acted entirely in good faith under advice of counsel to defend against a \"groundless charge.\"

  • Docket: Includes the original docket panel on the reverse reading \"James Nichols affidavit\".

  An outstanding addition for collectors of 1840s American legal manuscripts, Vermont state history, or mid-19th-century manuscript ephemera.

  Complete Transcription

  (Page 1)

  Nathaniel Packard vs. James NicholsDeft in the above suit deposes & say.That at the last August term of Chittenden County Court I had summoned as witness for me all the persons whose names are inserted in the subpoena dated 23d August 1841 signed by D. Wales Jus Peace, in good faith really believing that they were all material witness for my defence & was advised by my counsel that the facts to which they would swear were material & proper & necessary in my defence if the Plff could make any case on his part. I further say that all the persons who signed & swore to the certificate on the 26 August 1841 before A. G. Whittemore J. Peace attended court as therein stated – That they were dismissed & the certificate was made & sworn to the day I was satisfied the Plff could not go to trial that term – That nothing was included for any thing of that day.I further say that a few days before the last May Term of said Court I was in Burlington & Sam McNally my counsel then told me that the sd suit was noted for trial on Thursday the 3d day of the term & that I must not fail to have my witnesses subpoenaed till Court Thursday morning – That in pursuance of such directions I had all the witnesses included in the subpoena dated 25 May 1842 subpoenaed in good faith believing that they would be necessary...

  (Page 2)

  ...and all the persons who signed the certificate of May Term 1842 attended as witnesses for me as therein stated. And I never had any notice or intimation that suit would not be tried until I arrived here on Thursday with most of my witnesses. When Mr. Smalley told me that Mr. Peck had the day before notified him that he should enter a non suit unless he could get a continuance. That I might take my witnesses & make their certificates & go home.I further say that a short time before last Court S. G. Morrow told me that Packard the Plff told him that his brother would be ready for trial at the coming Term. I further say that I have not in preparing for my defence of said suit intended or desired to make one cent unnecessary cost – but have in whole acted in good faith & under the advice of my counsel to be ready to defend against what I have considered to prove was a groundless charge.

  James Nichols

  Subscribed and Sworn to this 15th July 1842before meHenry Leavenworth, Justice Peace

  (Docket Panel)

  James Nichols affidavit