Transcript of Proceedings, circa 24 October 1837 [Rounds qui tam v. Smith]

  • Source Note
Page 362
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Pleas before the Court of Common Pleas within and for the County of in the State of Ohio on the twenty fourth day of October in the year of our Lord one thousand eight hundred & thirty seven.
Be it remembered that heretofore to wit, on the ninth day of February in the year above written, Samuel D. Rounds qui. tam. sued out of the office of the Clerk of said Court a writ of Summons against Joseph Smith Jr. in the words and figures following to wit:—
“The State of Ohio )
s.s. )
Seal
To the Sheriff of our said County. . . Greeting:— We command you that you summon Joseph Smith Junior if he be found in your bailiwick to appear before our Court of Common Pleas, to be held at the court house in the town of the twenty first day of March next to answer Samuel D. Rounds who sues as well for the State of as for himself in a plea of debt for one thousand dollars, damage one thousand dollars, as is said. Herein fail not but of this Writ and your service make due return. Witness the Honourable Van R. Humphrey President of our said Court at the ninth day of February Anno Domini one thousand eight hundred and thirty seven. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. to recover of def[endan]t a penalty of $1000. incurred "by acting on the 4th. day of Jan.y. 1837. as an officer of a Bank not incorporated by law of "this and denominated “The Kirtland Safety Society Anti Banking Co.” contrary "to the Statute in such case made and provided. Amt. claimed to be due $1000. Feby. 8. 1837.”
Afterwards to wit, at the March term of said Court in the year aforesaid, the foregoing writ was returned into Court by the Sheriff of our said County endorsed as follows to wit:—
“ The State of Ohio, ss.} I have executed the command of this writ by leaving a true copy of the same with the endorsments thereon with the wife of the within named Joseph Smith Jun. at his residence he being absent. this 10. of Feb. 1837. Abel Kimball 2d. Sheriff”
And thereupon it was ordered by the Court that this cause be continu[e]d until the next term of said court. Afterwards to wit, on twenty second day of April in the year aforesaid, the plaintiff filed in the office of the Clerk aforesaid, his declaration in the words and figures following to wit:
“The State of Ohio ) Court of Common Pleas, Vacation after March Term A.D. 1837
ss. )
Samuel D. Rounds who sues as well for the State of as for himself complains of Joseph Smith Junior in a plea of debt, For that the said Joseph Smith Junior on the fourth day of January in the year of our Lord one thousand eight hundred and thirty seven at in said County of Geauga, did act as an officer, servant, agent and trustee of a Bank called “The Kirtland Safety Society Anti Banking Co.” which said Bank was not then and there incorporated by law; contrary to the Statute in such case made and provided, whereby and by the force of the said statute the defendant has forfeited for said offence the sum of one thousand dollars, and thereby and by force of said statute [p. 362]
Pleas before the Court of Common Pleas within and for the County of in the State of Ohio on the twenty fourth day of October in the year of our Lord one thousand eight hundred & thirty seven.
Be it remembered that heretofore to wit, on the ninth day of February in the year above written, Samuel D. Rounds qui. tam. sued out of the office of the Clerk of said Court a writ of Summons against Joseph Smith Jr. in the words and figures following to wit:—
“The State of Ohio )
s.s. )
Seal
To the Sheriff of our said County. . . Greeting:— We command you that you summon Joseph Smith Junior if he be found in your bailiwick to appear before our Court of Common Pleas, to be held at the court house in the town of the twenty first day of March next to answer Samuel D. Rounds who sues as well for the State of as for himself in a plea of debt for one thousand dollars, damage one thousand dollars, as is said. Herein fail not but of this Writ and your service make due return. Witness the Honourable Van R. Humphrey President of our said Court at the ninth day of February Anno Domini one thousand eight hundred and thirty seven. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. to recover of defendant a penalty of $1000. incurred "by acting on the 4th. day of Jan.y. 1837. as an officer of a Bank not incorporated by law of "this and denominated “The Kirtland Safety Society Anti Banking Co.” contrary "to the Statute in such case made and provided. Amt. claimed to be due $1000. Feby. 8. 1837.”
Afterwards to wit, at the March term of said Court in the year aforesaid, the foregoing writ was returned into Court by the Sheriff of our said County endorsed as follows to wit:—
“ The State of Ohio, ss.} I have executed the command of this writ by leaving a true copy of the same with the endorsments thereon with the wife of the within named Joseph Smith Jun. at his residence he being absent. this 10. of Feb. 1837. Abel Kimball 2d. Sheriff”
And thereupon it was ordered by the Court that this cause be continued until the next term of said court. Afterwards to wit, on twenty second day of April in the year aforesaid, the plaintiff filed in the office of the Clerk aforesaid, his declaration in the words and figures following to wit:
“The State of Ohio ) Court of Common Pleas, Vacation after March Term A.D. 1837
ss. )
Samuel D. Rounds who sues as well for the State of as for himself complains of Joseph Smith Junior in a plea of debt, For that the said Joseph Smith Junior on the fourth day of January in the year of our Lord one thousand eight hundred and thirty seven at in said County of Geauga, did act as an officer, servant, agent and trustee of a Bank called “The Kirtland Safety Society Anti Banking Co.” which said Bank was not then and there incorporated by law; contrary to the Statute in such case made and provided, whereby and by the force of the said statute the defendant has forfeited for said offence the sum of one thousand dollars, and thereby and by force of said statute [p. 362]
Page 362