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Docket Entry, circa 29 June 1837 [Fisher v. Stratton]

  • Source Note
  • Historical Introduction
Page 55
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Cyrus B. Fisher)
vs.)
Hiram Stratton)
Damages $10.00)
Jus. fees 1.10½)
Const " 1.20)
Wit. " 3.00
Exc. 25
Suit brought for tresspass, as set forth by the plaintiff’s bill of particulars.
June 24, 1837, on application of the plaintiff, a summons issued, returnable the 29th at 2 O’Clock, P. M. which was returned by Const , same day, endorsed, “served June 24th 1837, on the defendant by reading. On application of the plaintiff issued subpoena for Jonathan Fisher Jr. Jonathan Fisher, Rebecca Fisher & Lucy Fisher— and on application of the Defendant. for Joseph Smith, Jr and
June 29, 1837. The parties attended and the plaintiff filed his bill of particulars, claiming $30.00 for the taking and driving away a certain dark red cow.
The defendant <​demured and​> gave notice of a previous settlement by arbitration. was sworn but testified nothing material to the point— The Defendant withdrew his Demurer. After which several witness were sworn, who substantiatd the point, that the Defent hired, or let a certain cow to the Plaintiff— for one or three years, on the Defendants paying yearly, the interest of $25,00 The cow was kept from about the middle of Nov. to the first of April, at the expense of the Plaintiff— that the cow nearly paid for her keeping till the first of Jan. 1837—
The prooffs and allegations being heard, it is considered that the plaintiff recover judgment for $10,00 Damages, and $5,30½ costs. Names of witnesses entitled to fees— , Jonathan Fisher, jr. Jonathan Fisher, Lucy Fisher, and Joseph Smith, jr.
Execution issued to B[urton] H. Phelps Const. June 29, 1837. against the goods & Chattles of the defendant.
July 26 Const. returned execution endorsed “no property found to saisfy the demand”
Fees 25 August 28th 1837 Received of Hyrum Stratten ten dollars to apply on the above judgment
Cyrus B Fisher [p. 55]
Cyrus B. Fisher)
vs.)
Hiram Stratton)
Damages $10.00)
Jus. fees 1.10½)
Const " 1.20)
Wit. " 3.00
Exc. 25
Suit brought for tresspass, as set forth by the plaintiff’s bill of particulars.
June 24, 1837, on application of the plaintiff, a summons issued, returnable the 29th at 2 O’Clock, P. M. which was returned by Const , same day, endorsed, “served June 24th 1837, on the defendant by reading. On application of the plaintiff issued subpoena for Jonathan Fisher Jr. Jonathan Fisher, Rebecca Fisher & Lucy Fisher— and on application of the Defendant. for Joseph Smith, Jr and
June 29, 1837. The parties attended and the plaintiff filed his bill of particulars, claiming $30.00 for the taking and driving away a certain dark red cow.
The defendant demured and gave notice of a previous settlement by arbitration. was sworn but testified nothing material to the point— The Defendant withdrew his Demurer. After which several witness were sworn, who substantiatd the point, that the Defent hired, or let a certain cow to the Plaintiff— for one or three years, on the Defendants paying yearly, the interest of $25,00 The cow was kept from about the middle of Nov. to the first of April, at the expense of the Plaintiff— that the cow nearly paid for her keeping till the first of Jan. 1837—
The prooffs and allegations being heard, it is considered that the plaintiff recover judgment for $10,00 Damages, and $5,30½ costs. Names of witnesses entitled to fees— , Jonathan Fisher, jr. Jonathan Fisher, Lucy Fisher, and Joseph Smith, jr.
Execution issued to Burton H. Phelps Const. June 29, 1837. against the goods & Chattles of the defendant.
July 26 Const. returned execution endorsed “no property found to saisfy the demand”
August 28th 1837 Received of Hyrum Stratten ten dollars to apply on the above judgment
Cyrus B Fisher [p. 55]
Page 55