Jonathan SCRIVNER 2
- Born: Abt 1790-1794, North Carolina 2
- Marriage: Winnie THOMASON 1
- Died: Bef 1837, Smith County, Tennessee 2
Noted events in his life were:
1. Court: 1817, Smith County, Tennessee. 3 4
17 May 1817, Page 323
Jonathan Scrivner vs. David Cooperwood. Plaintiff did not appear and so case was dismissed and costs were assessed against plaintiff.
2. Court: 1822-1823, Smith County, Tennessee. 5
State vs. Jonathan and Thomas Scrivner
Involved an alleged assault and battery by Jonathan and Thomas Scrivner against James and John J. Wright. Thomas admitted guilt and received a small fine. Jonathan went to trial and was found not guilty. [Note the Circuit Court case, Scrivner vs. Wright, from 1823 to 1824. It was undoubtably related to this assault and battery case.]
14 Aug 1822, Page 34
Grand Jury presented a bill of indictment against Thomas Scrivner and Jonathan Scrivner for an assault and battery committed on the body of James Wright and John J. Wright.
16 Aug 1822, Page 51
State moved that James Wright pay the cost of prosecutions, since grand jury indictment was not a "true bill". [Presumably this meant the State declined to present the case to the grand jury.]
9 Nov 1822, Page 107
Thomas Scrivner admitted guilt and put himself upon the mercy of the court. Fined $0.50 and assessed cost of prosecution.
8 Feb 1823, Page 194A
James Malone and William Malone gave security of $50 each to secure future appearance by defendant, Jonathan Scrivner. James Wright, prosecutor (since it was not a true bill), also provided security of $100 to assure he would appear to prosecute the case.
13 May 1823, Page 281
Defendant was arraigned and pled not guilty. Jury found defendant not guilty. Costs assigned to James A. Wright.
13 May 1823, Page 282
Since James Wright did not appear to prosecute as he was bound, Court ordered his security to be forfeited.
3. Court: 1823-1824, Smith County, Tennessee. 6
Scrivner vs. Wright
It is unclear which Scrivner and which Wright was involved. Nor is the cause of action known. I chose to list this case as an event for Jonathan Scrivner, since he seemed to relish litigation. [See the likely related assault and battery case in 1822-1823.]
24 Apr 1823, Page 43
14 Oct 1823, Page 63
20 Apr 1824, Page 125
Case heard and carried over to next day.
21 Apr 1824, Page 127
Jury found for defendant, costs assessed to plaintiff.
22 Apr 1824, Page 131
Plaintiff's motion to set aside judgment and grant a new trial was denied.
4. Census: 1830, Smith County, Tennessee. 7
1 male under 5, 2 males 5-10; 1 male 30-40;
2 females under 5, 1 female 30-40;
1 female slave 10-24.
5. Court: 1830, Smith County, Tennessee. 8
Jonathan Scrivner vs. Henry Harper
1 Sep 1830, Page 28
Case of Trover, i.e., an action to recover the value of wrongfully appropriated goods. Defendant failed to appear. Court ordered plaintiff recover his damages, to be determined by jury in the next term.
30 Nov 1830, Page 99
Jury found plaintiff's damages to be $65 plus costs.
[Note that on 3 Dec 1829, Page 327, an entry exists to the effect that Scrivner (no first name) did not intend to prosecute his lawsuit against Harper (no first name). Query whether this might be connected to the trover action. Query also whether this trover action in County Court was related to the Circuit Court case between Jonathan Scrivner and Henry Harper that began in 1831.]
6. Court: 1830-1831, Smith County, Tennessee. 9
12 Oct 1830, Page 87
"Jonathan Scrivner was this day brought before the Court by the Sheriff for loud and boisterous wrangling and quarreling in the hearing of the court to the interruption of the business of the court, which it is ordered by the court that said Jonathan Scrivner pay a fine of fifteen dollars for such his contempt of the court and that he be held in custody by the Sheriff for the payment of said fine and cost, or until he shall give security for the payment of the same. And afterwards said Jonathan Scrivner was again brought before the court for endeavoring to escape out of custody and for [resisting?] of[?] assaulting the Sheriff. Whereupon it is ordered by the Court that said Jonathan Scrivner be imprisoned in the common jail for Smith County for the space of twenty days commencing from this day, for the contempt last aforesaid."
16 Oct 1830, Page 95
"Jonathan Scrivner ordered to be discharged from custody and all further imprisonment under the order on the 12th. [Unneeded?] Further ordered execution of fine and costs against said Jonathan Scrivner."
20 Oct 1831, Page 74
Court ordered the fine of $15 rendered at Oct Term 1830 be set aside upon payment of all costs by defendant.
[Query whether this fracas wasn't somehow related to Jonathan's 1830 lawsuit against Henry Harper.]
7. Court: 1831-1834, Smith County, Tennessee. 9
Scrivner vs. Harper
In the proceedings set forth below, the plaintiff was identified as Jon/Jonathan and the defendant was identified as Harvey/Henry. The nature of the action was not stated, although on 20 Apr 1832, plaintiff amended his declaration by inserting the words, "Saddle bridle, Martingale & collar and saddle blanket." That suggests a case involving a horse and its gear. The jury ultimately found in favor of the defendant. [Query whether this case wasn't somehow related to the 1830 trover action in County Court. That judgment may have been vacated, since it was a default judgment, and thus the action may have been retried.]
12 Apr 1831, Page 129
Plaintiff was permitted to show cause why his certiorari should be dismissed. [Not certain what happened here.]
14 Apr 1831, Page 134
Defendant granted a trial.
14 Oct 1831, Page 163
Trial date was set.
20 Oct 1831, Page 175
Default judgment against defendant set aside, costs assessed against defendant. [This is what makes me think this action was related to the trover action in County Count. The earlier proceedings probably dealt with a motion to have a hearing to set aside the default judgment and have a trial on the merits.]
16 Apr 1832. Page 201
Jury found in favor of defendant.
18 Apr 1832, Page 209
Plaintiff prevailed on motion to set aside the judgment and grant a new trial.
20 Apr 1832, Page 213
Plaintiff amended declaration to include "Saddle bridle, Martingale & collar and saddle blanket."
11 Oct 1832, Page 223
Trial date set.
15 Oct 1832, Page 227
Trial date reset.
19 Oct 1832, Page 234
Trial date reset.
20 Oct 1832, Page 235
Trial date continued on motion by plaintiff. Defendant granted permission to take deposition of John Gordon.
9 Apr 1833, Page 256
Continued on motion by plaintiff.
14 Oct 1833, Page 276
14 Oct 1834, Page 331
20 Oct 1834, Page 343
Jury found in favor of defendant.
8. Court: 1833-1834, Smith County, Tennessee. 10
State vs. Jonathan Scrivner
Most, probably all, of the following court hearings involved gaming charges.
3 Sep 1833, Page 390
Jury found him not guilty of gaming charge.
3 Sep 1833, Page 393
Defendant admitted guilt. Fined $5 and assessed costs.
29 Nov 1833, Page 441
Admitted guilt. Fined $1 and assessed costs. Dan C. Dixon provided security of $50 for defendant's appearance next term.
29 Nov 1833, Page 442
Jury found him guilty. Fined $0.25 and assessed costs. Dan C. Dixon again provided security.
29 Nov 1833, Page 444
Involved gaming charge. Entry was difficult to read, but it seemed to reference his security and an insolvent debtor's oath. Defendant ordered into custody of the Sheriff.
2 Dec 1833, Page 459
Defendant filed a schedule of his property and took the oath for insolvent debtors and was thereupon discharged from custody of the Sheriff.
27 Feb 1834, Page 43
Jury found him guilty. Fined him $0.105 and assessed costs and ordered imprisonment for 24 hours.
Jonathan married Winnie THOMASON.2 (Winnie THOMASON was born in 1794-1804 2 and died about 1837 in Cannon County, Tennessee 2.)