before June Term 1838— appellee complains of in a plea of debt, for that whereas the said heretofore to wit, on the eighth day of August in the year one thousand eight hundred and thirty seven at in said County by the consideration of Esquire a Justice of the Peace within and for the County of Geauga and township of aforesaid recovered a judgment against Joseph Smith Jr. , , , , , the said then & there holding a Justices Court within and for said Township of for the sum of twenty three dollars debt and one dollar and thirty one and three fourth cents costs. And the said avers that the said on the 16th day of August in the year of our Lord one thousand eight hundred and thirty seven at aforesaid by his writing obligatory acknowledged himself to be bail to the said in the sum of forty six dollars to be levied on his goods and chattels lands and tenements in case the said defendants in the judgment aforesaid should fail to make payment of the said sum for which judgment was rendered by the said , which said bail bond was then and there duly accepted by the said and was then and there stayed by said according to the statute in such case made & provided— And the said avers that after the said stay of execution had expired to wit on the [blank] day of [blank] the said issued an execution against the said Joseph Smith Jr. , , & , to [blank] Constable of the Township of who on the [blank] day of [blank] returned the same with an endorsment thereon no goods to be found on which to levy Whereby an action hath aco◊◊ed to him the said to demand and have of and from the said the said sum of twenty four dollars and thirty one and a fourth cents the said debt and costs so recovered against the said defendants for whom the said thus became bail— Yet the said though requested so to do hath not paid the said sum of twenty three dollars debt and the sum of one dollar and thirty one cents costs, or any part thereof to the damage of the one hundred dollars, and thereupon he sues &c.