Declaration, circa 21 September 1844 [Dana v. Brink et al.]

  • Source Note
  • Historical Introduction
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year last aforesaid— as is in and by the Statute in such cases made and provided— By which said Bond the said defendants then and there acknowledged themselves held and firmly bound into the Plaintiff in the sum of Two hundred and Twenty Two dollars as to be paid to the said as by the said Bond ready to be shown in Court here will more fully appear with a condition thereunder written as by the said Bond and Condition reference being thereunto had appears— that if the said shall prosecute his said writ with Effect and shall pay and satisfy whatever Judgments which should be rendered by the Circuit Court <​and all costs thereon​>; of the said County of upon the dismissal or trial of said Cause so certioraried to the said Circuit Court by the said on the 16th day of May AD 1843— taken from a Judgment rendered by Joseph Smith <​Mayr of the City of &​> a justice of the peace within and for said <​​> on the 10th day of March 1843— wherein the now was then plaintiff and the said was defendant for the sum of Ninety nine dollars debt and eleven dollars and fifty nine cents costs of suit— injur[y] of the said and against the said then this obligation to be void otherwise remain in full force and virtue which said Bond was afterwards to wit on the 16 day May 1843— by the said filed in the office of the of said Circuit Court and writ of Certiorari and appeal to the said Circuit Court from the Judgment of the said Justice of the peace was then & there granted by said to the said the defendant in said suit and the avers that <​at​> the May Term of said Circuit Court he came on the third Monday of May 1842 1844— such proceedings were had that by the consideration and Judgment of <​said​> Court the Plaintiff recovered a judgment against the said in said suit for the sum of seventy five dollars debt together with his costs in and about said Suit Expended as by the record and previously remaning in said s office more fully [illegible] [appear?] [p. [2]]
year last aforesaid— as is in and by the Statute in such cases made and provided— By which said Bond the said defendants then and there acknowledged themselves held and firmly bound into the Plaintiff in the sum of Two hundred and Twenty Two dollars to be paid to the said as by the said Bond ready to be shown in Court here will more fully appear with a condition thereunder written as by the said Bond and Condition reference being thereunto had appears— that if the said shall prosecute his said writ with Effect and shall pay and satisfy whatever Judgments which should be rendered by the Circuit Court and all costs thereon; of the said County of upon the dismissal or trial of said Cause so certioraried to the said Circuit Court by the said on the 16th day of May AD 1843— taken from a Judgment rendered by Joseph Smith Mayr of the City of & justice of the peace within and for said on the 10th day of March 1843— wherein the now was then plaintiff and the said was defendant for the sum of Ninety nine dollars debt and eleven dollars and fifty nine cents costs of suit— injury of the said and against the said then this obligation to be void otherwise remain in full force and virtue which said Bond was afterwards to wit on the 16 day May 1843— by the said filed in the office of the of said Circuit Court and an appeal to the said Circuit Court from the Judgment of the said Justice of the peace was then & there granted by said to the said the defendant in said suit and the avers that at the May Term of said Circuit Court he came on the third Monday of May 1844— such proceedings were had that by the consideration and Judgment of said Court the Plaintiff recovered a judgment against the said in said suit for the sum of seventy five dollars debt together with his costs in and about said Suit Expended as by the record previously remaning in said s office more fully [appear] [p. [2]]
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