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

  • Source Note
Page 34
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Pleas before the Court of Common Pleas within and for the County of in the State of at a term of said Court begun and held at on the sixteenth day of April in the year of our Lord one thousand eight hundred and thirty nine.
Be it remembered, that heretofore to wit at the June term of said Court in the year of our Lord one thousand eight hundred and thirty seven, Thomas Underwood and others sued out of the office of the of said Court a writ of summons against and others in the words and figures following to wit:—
“The State of Ohio)
ss. [scilicet])
seal
To the of said . . . Greeting:— We command you that you summon , Joseph Smith Jr. Eliphalet Boynton, , Joel McWith[e]y, , , Samuel Parker, , , , , , Chauncey G. Webb, and Andrew L. Allen, to appear forthwith before our Court of Common Pleas for said now sitting at the Court House in to answer unto Thomas Underwood Robert Bald, Asa Spencer and Samuel Hufty in a plea of assumpsit to their damage two thousand dollars as is said. Herein fail not but of this writ and your service make due return. Witness President of said Court at this ninth day of June AD 1837.
Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brought for goods sold and delivered and work and labour done by the plaintiffs as engravers for the defendants and at their request. Amount appearing due $1450—”
The foregoing writ was forthwith returned into Court by the of our said endorsed as follows to wit:—
“The State of Ohio ss: I have obtained the acceptance of & J. McWithy as appears upon the back of this writ and handed each of the other defts a true copy of this writ except Samuel Parker, , and Andrew Allen which were not found in my bailiwick.
2d. Shff. Dep.”
The acceptance of service referred to in the foregoing return of the appears on the back of said writ, in the words and figures following to wit:—
“We accept service of this writ by copy.
, Joel McWithy.” [p. 34]
Pleas before the Court of Common Pleas within and for the County of in the State of at a term of said Court begun and held at on the sixteenth day of April in the year of our Lord one thousand eight hundred and thirty nine.
Be it remembered, that heretofore to wit at the June term of said Court in the year of our Lord one thousand eight hundred and thirty seven, Thomas Underwood and others sued out of the office of the of said Court a writ of summons against and others in the words and figures following to wit:—
“The State of Ohio)
ss. scilicet)
seal
To the of said . . . Greeting:— We command you that you summon , Joseph Smith Jr. Eliphalet Boynton, , Joel McWithey, , , Samuel Parker, , , , , , Chauncey G. Webb, and Andrew L. Allen, to appear forthwith before our Court of Common Pleas for said now sitting at the Court House in to answer unto Thomas Underwood Robert Bald, Asa Spencer and Samuel Hufty in a plea of assumpsit to their damage two thousand dollars as is said. Herein fail not but of this writ and your service make due return. Witness President of said Court at this ninth day of June AD 1837.
Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brought for goods sold and delivered and work and labour done by the plaintiffs as engravers for the defendants and at their request. Amount appearing due $1450—”
The foregoing writ was forthwith returned into Court by the of our said endorsed as follows to wit:—
“The State of Ohio ss: I have obtained the acceptance of & J. McWithy as appears upon the back of this writ and handed each of the other defts a true copy of this writ except Samuel Parker, , and Andrew Allen which were not found in my bailiwick.
2d. Shff. Dep.”
The acceptance of service referred to in the foregoing return of the appears on the back of said writ, in the words and figures following to wit:—
“We accept service of this writ by copy.
, Joel McWithy.” [p. 34]
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