Transcript of Proceedings, circa 16 April 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]

  • Source Note
  • Historical Introduction
Page 36
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the said defendants filed in the s office aforesaid their plea in the words and figures following to wit:—
ss: [scilicet] Court Com. Pleas Term of Oct. 1837.
& others)
ats [ad sectam]) In Asst. []
[Thomas] Underwood, , [Asa] Spencer & Co.)
Now come the defts by Perkins & Osborn their Attys and say they did not assume nor promise in manner and form as the plffs in their declaration have alledged and thereof put themselves . And the plffs do the like.
Perkins & Osborn for Defts.”
And thereupon it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit at the April term of said Court in the year of our Lord one thousand eight hundred and thirty eight it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit at the June term of said Court in the year last aforesaid it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit at the November term of said Court in the year last aforesaid it was ordered by the Court that this cause be continued until the next term of said Court.
And now at this term of said Court that is to say at the term thereof first aforesaid, come the said parties and by their mutual agreement the issue of fact in this cause is submitted to the decision of the Court, and the Court on hearing the evidence adduced do find that the defendants did assume and promise in manner and form as the plaintiffs have complained against them, and assess the plaintiffs damages by reason of the premises to the sum of one thousand six hundred and forty one dollars and sixty three cents. It is therefore considered by the Court that the said plaintiffs recover against the said defendants who were served with process, their damages aforesaid so assessed, and also their costs and charges by them in and about the prosecuting of this suit in that behalf expended taxed at twenty dollars and ninety two cents; and it is ordered by the Court that the said defendants pay the costs and charges by them made in and about the defending of this suit taxed at one dollar and sixty five cents, and in default thereof that issue to collect the same. The defendants give notice of their intention to appeal to the Supreme Court.
Prst [p. 36]
the said defendants filed in the s office aforesaid their plea in the words and figures following to wit:—
ss: [scilicet] Court Com. Pleas Term of Oct. 1837.
& others)
ats ad sectam) In Asst. []
[Thomas] Underwood, , Asa Spencer & Co.)
Now come the defts by Perkins & Osborn their Attys and say they did not assume nor promise in manner and form as the plffs in their declaration have alledged and thereof put themselves . And the plffs do the like.
Perkins & Osborn for Defts.”
And thereupon it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit at the April term of said Court in the year of our Lord one thousand eight hundred and thirty eight it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit at the June term of said Court in the year last aforesaid it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit at the November term of said Court in the year last aforesaid it was ordered by the Court that this cause be continued until the next term of said Court.
And now at this term of said Court that is to say at the term thereof first aforesaid, come the said parties and by their mutual agreement the issue of fact in this cause is submitted to the decision of the Court, and the Court on hearing the evidence adduced do find that the defendants did assume and promise in manner and form as the plaintiffs have complained against them, and assess the plaintiffs damages by reason of the premises to the sum of one thousand six hundred and forty one dollars and sixty three cents. It is therefore considered by the Court that the said plaintiffs recover against the said defendants who were served with process, their damages aforesaid so assessed, and also their costs and charges by them in and about the prosecuting of this suit in that behalf expended taxed at twenty dollars and ninety two cents; and it is ordered by the Court that the said defendants pay the costs and charges by them made in and about the defending of this suit taxed at one dollar and sixty five cents, and in default thereof that issue to collect the same. The defendants give notice of their intention to appeal to the Supreme Court.
Prst [p. 36]
Page 36