Transcript of Proceedings, circa 20 October 1840 [Scribner v. Rigdon, Smith & Cowdery]

  • Source Note
  • Historical Introduction
Page 530
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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 twentieth day of October in the year of our Lord one thousand eight hundred and forty.—
Be it remembered, that heretofore to wit at the October Term of said Court in the year of our Lord one thousand eight hundred and thirty seven 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)
Seal
To the Sheriff of our said — Greeting:— We command you that you summon Joseph Smith, Jr & if he be found in your Bailiwick to appear forthwith before our Court of Common Pleas now sitting at the Court-House in the town of , to answer in a plea of Assumpsit to his damage fifteen hundred dollars, as is said Herein fail not but of this writ and your service make due return.
Witness Clerk of our said Court, at the 26th day of October Anno Domini one thousand eight hundred and thirty seven.—
C[harles] H. Foot Dep Clerk”—
Upon which writ was the following endorsment to wit:—
“Suit brot to recover for goods &c sold and delivered to defts for money had & recd to the use of s And also for money lent & advanced to defts— amt claimed to be due $850.00. Oct 26. 1837—”
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 executed the command of this writ by leaving true copies at the residence of Joseph Smith Jr and with their wives they being absent this 27 Oct 1837—
Dept Shff”—
Whereupon it was ordered by the Court that this cause be continued until the next Term of said Court.— Afterwards to wit on the forth day of December in the year last aforesaid the said filed in the s office aforesaid his declaration in the words and figures following to wit:—
[“]The State of Ohio)
ss)
Court of Common Pleas Vacation after October Term A.D. 1837.— complains of [p. 530]
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 twentieth day of October in the year of our Lord one thousand eight hundred and forty.—
Be it remembered, that heretofore to wit at the October Term of said Court in the year of our Lord one thousand eight hundred and thirty seven 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)
Seal
To the Sheriff of our said — Greeting:— We command you that you summon Joseph Smith, Jr & if he be found in your Bailiwick to appear forthwith before our Court of Common Pleas now sitting at the Court-House in the town of , to answer in a plea of Assumpsit to his damage fifteen hundred dollars, as is said Herein fail not but of this writ and your service make due return.
Witness Clerk of our said Court, at the 26th day of October Anno Domini one thousand eight hundred and thirty seven.—
Charles H. Foot Dep Clerk”—
Upon which writ was the following endorsment to wit:—
“Suit brot to recover for goods &c sold and delivered to defts for money had & recd to the use of s And also for money lent & advanced to defts— amt claimed to be due $850.00. Oct 26. 1837—”
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 executed the command of this writ by leaving true copies at the residence of Joseph Smith Jr and with their wives they being absent this 27 Oct 1837—
Dept Shff”—
Whereupon it was ordered by the Court that this cause be continued until the next Term of said Court.— Afterwards to wit on the forth day of December in the year last aforesaid the said filed in the s office aforesaid his declaration in the words and figures following to wit:—
“The State of Ohio)
ss)
Court of Common Pleas Vacation after October Term A.D. 1837.— complains of [p. 530]
Page 530