Cornelius Hengen - Court Case #2

Alexandria, Douglas County, Minnesota, USA





Court Case #2:



July 11, 1878 Cornelius Hengen signed two promisory notes to C. Aultman & Co. of Canton, Ohio for the purchase of one Buckeye Reaper & Mower (#60624). The notes were payable at the Bank of Alexandria and were witnessed by T. F. Cownig(?). The first note was for $42.00 plus 7 percent interest, payable on or before February 1, 1880. The second note was for $40.00 plus 7 percent interest, payable on or before February 1, 1882.
February 20, 1884 Geo. H. Reynolds swears that he is one of the attorneys for C. Aultman & Co., and that all of its offices are absent the county.
February 20, 1884 Nelson, Reynolds & Treat, attorneys for C. Aultman & Co., file a complaint against Cornelius Hengen in Douglas County District Court (Case #804). The complaint states that:
  1. C. Aultman & Co. is a corporation organized and created under the laws of the State of Ohio.
  2. No part of the promisory note for $42.00 due February 1, 1880 has been paid.
  3. No part of the promisory note for $40.00 due February 1, 1882 has been paid.
Payment is requested of $82.00 plus 7 percent interest and costs & disbursements.
February 20, 1884 George H. Reynolds & George L. Treat sign an "Undertaking for Attachment" in which they agree to pay Cornelius Hengen up to $250.00 for all costs and damages, if he recovers judgement against C. Aultman & Co.
February 20, 1884 George H. Reynolds & George L. Treat swear that they are worth more than $250.00.
February 20, 1884 In an "Affidavit for Attachment", Geo. H. Reynolds requests that a "Writ of Attachment" be granted against the property of Cornelius Hengen to pay the claim of $114.22. It is claimed that Cornelius Hengen has departed from the state "with intent to delay or defraud his creditors, and to avoid the service of a summons".
February 20, 1884 In a "Writ of Attachment", the Sheriff of Douglas County is ordered to attach and safely keep all property of Cornelius Hengen or as much as necessary to satisfy the claim of $114.22 plus costs and expenses.
February 21, 1884 Ole J. Urness, Sheriff; by Joseph Culross, Deputy certifies that a copy of writ and return of levy was filed with the Register of Deeds against SW1/4 of Section 6, Township 130, Range 38 (Leaf Valley). It was stated that "after making diligant search and inquiry" Cornelius Hengen could not be found within the county. (Service - $1.00, mileage - $0.20, copy with Reg. Deeds - $1.00, total fees - $2.20.)
February 25, 1884 In an "Affidavit for Publication of Summons - Residence Unknown", George H. Reynolds swears that Cornelius Hengen is not a resident of state, but has property therein under the courts jurisdiction.
April 12, 1884 G. L. Treat, Notary Public, signs that Joseph Gilpin, printer of the "Douglas County News", published the summons for Cornelius Hengen.
May 2, 1884 In a "Bond before Judgement", Geo H. Reynolds & Geo. L. Treat agree to pay up to $200.00 to Cornelius Hengen if he should win judgement in the case.
May 2, 1884 Geo H. Reynolds & Geo. L. Treat swear that they are worth more than $200.00.
May 3, 1884 Judgement issued by H. K. White, Clerk of District Court, against Cornelius Hengen, who failed to respond to summons. (Principal - $82.00, interest - $33.35, total claim - $115.35, costs by statute - $5.00, serving summons and writ of attachment (printer - $5.00) - $8.20, clerks fee - $5.00, 5 affidavits - $1.25, total costs & disbursements - $19.45, grand total - $134.80.)







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February 27, 2005