Transcript of Proceedings, circa 3 April 1838 [Wright v. Rigdon et al.]

  • Source Note
Page 101
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Pleas before the Court of Common Pleas within and for the County of in the State of Ohio at a Term of said Court begun and held at on the third day of April in the year of our Lord one thousand eight hundred and thirty eight.
Be it remembered, that heretofore to wit on the eleventh day of October in the year of our Lord one thousand eight hundred and thirty seven, Justus Wright sued out of the office of the Clerk of said Court a writ of Capias ad respondendum against and others in the words and figures following to wit:—
“The State of Ohio)
ss.)
Seal To the Sheriff of said . . . Greeting:— We command you that you take , Joseph Smith Jr. & if they be found in your bailiwick and them safely keep so that you have them before our Court of Common Pleas for said at the Court House in on the twenty fourth day of October instant to answer unto Justus Wright in a plea of assumpsit damages fifteen hundred dollars and have you then there this writ. Witness Clerk of said Court at this eleventh day of October AD 1837. Clerk.”
Upon which writ was the following endorsment to wit: “Suit brot. on two notes given by defendants to plaintiff for the sum of five hundred dollars each, dated Oct. 3. AD 1836. Also for goods sold and delivered money had & received &c.”
Afterwards to wit, at the October Term of said Court in the year last aforesaid the foregoing writ was returned into Court by the Sheriff of our said endorsed as follows to wit:— “The State of Ohio ss. In obedience to the command of the annexed writ of Capias I on the 19th day of October AD 1837 arrested the said & and took their bond with sureties in the penal sum of two thousand dollars conditioned that they appear before the Court of Common Pleas next to be held in in said on the first day of the Term thereof and then and there enter special bail in the action. A copy of which Bond is herewith returned. The other defendants are not found in my bailiwick. Oct. 21. 1837. Abel Kimball 2d. Sheriff J. A. Tracy Deputy.”
Whereupon the following Recognizance of Special Bail was entered into to wit:—
“Justus Wright) Assumpsit—
vs)
)
& )
The State of Ohio)
to wit:)
Be it remembered that on this 24th day of October AD 1837 , and of the County of personally appeared before me Clerk of the Court of Common Pleas of the said County of and severally acknowledged themselves to owe unto Justus Wright the sum of three thousand dollars each to be levied upon their several goods and chattels, lands tenements and real estates upon condition that if the defendants and shall be condemned in this action at the suit of Justus Wright the plaintiff they shall pay the costs and condemnation of the Court or be rendered or render themselves into the custody of the Sheriff of said County for the same; or in case of failure that the said and will pay the costs and condemnation for them. Taken and acknowledged the day and year above written before me. Clerk.” Whereupon it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit on the fourth day of December in the year last aforesaid the said plaintiff filed in the Clerks office aforesaid his declaration in the words and figures following to wit:—
“The State of Ohio)
ss.)
In Common Pleas vac. after October Term AD 1837. and (the Sheriff of said having returned not found as to , Joseph Smith Jr. & a [p. 101]
Pleas before the Court of Common Pleas within and for the County of in the State of Ohio at a Term of said Court begun and held at on the third day of April in the year of our Lord one thousand eight hundred and thirty eight.
Be it remembered, that heretofore to wit on the eleventh day of October in the year of our Lord one thousand eight hundred and thirty seven, Justus Wright sued out of the office of the Clerk of said Court a writ of Capias ad respondendum against and others in the words and figures following to wit:—
“The State of Ohio)
ss.)
Seal To the Sheriff of said . . . Greeting:— We command you that you take , Joseph Smith Jr. & if they be found in your bailiwick and them safely keep so that you have them before our Court of Common Pleas for said at the Court House in on the twenty fourth day of October instant to answer unto Justus Wright in a plea of assumpsit damages fifteen hundred dollars and have you then there this writ. Witness Clerk of said Court at this eleventh day of October AD 1837. Clerk.”
Upon which writ was the following endorsment to wit: “Suit brot. on two notes given by defendants to plaintiff for the sum of five hundred dollars each, dated Oct. 3. AD 1836. Also for goods sold and delivered money had & received &c.”
Afterwards to wit, at the October Term of said Court in the year last aforesaid the foregoing writ was returned into Court by the Sheriff of our said endorsed as follows to wit:— “The State of Ohio ss. In obedience to the command of the annexed writ of Capias I on the 19th day of October AD 1837 arrested the said & and took their bond with sureties in the penal sum of two thousand dollars conditioned that they appear before the Court of Common Pleas next to be held in in said on the first day of the Term thereof and then and there enter special bail in the action. A copy of which Bond is herewith returned. The other defendants are not found in my bailiwick. Oct. 21. 1837. Abel Kimball 2d. Sheriff J. A. Tracy Deputy.”
Whereupon the following Recognizance of Special Bail was entered into to wit:—
“Justus Wright) Assumpsit—
vs)
)
& )
The State of Ohio)
to wit:)
Be it remembered that on this 24th day of October AD 1837 , and of the County of personally appeared before me Clerk of the Court of Common Pleas of the said County of and severally acknowledged themselves to owe unto Justus Wright the sum of three thousand dollars each to be levied upon their several goods and chattels, lands tenements and real estates upon condition that if the defendants and shall be condemned in this action at the suit of Justus Wright the plaintiff they shall pay the costs and condemnation of the Court or be rendered or render themselves into the custody of the Sheriff of said County for the same; or in case of failure that the said and will pay the costs and condemnation for them. Taken and acknowledged the day and year above written before me. Clerk.” Whereupon it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit on the fourth day of December in the year last aforesaid the said plaintiff filed in the Clerks office aforesaid his declaration in the words and figures following to wit:—
“The State of Ohio)
ss.)
In Common Pleas vac. after October Term AD 1837. and (the Sheriff of said having returned not found as to , Joseph Smith Jr. & a [p. 101]
Page 101