Transcript of Proceedings, circa 24 October 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney]

  • Source Note
  • Historical Introduction
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Pleas before the Court of Common Pleas within and for the County of in the State of , on the twenty fourth day of October in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered that heretofore to wit, at the June term of said court in the year above written Joseph Smith Jr. for the use of [John] Hitchcock & [James R.] Hitchcock by his attorney sued out of the office of the Clerk of said court a writ of summons against Elijah Cheney, in the words & figures following to wit:
“The State of Ohio)
ss. [scilicet])
seal
To the of said . . . Greeting:—
We command you that you summon Elijah Cheney to appear forthwith before our court of common pleas for said now sitting at the court house in to answer unto Joseph Smith Jr. for the use of John Hitchcock & James R. Hitchcock in a plea of to their damage three hundred dollars as is said. Herein fail not but of this writ and your services make due return. Witness President of said court at this ninth day of June A. D. 1837—
C[harles] H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. on note by def[endan]t Sept. 21. 1836 payable to pl[ainti]ff on demand with use for $200.39: Also for money had & recd. to use of plff: Also for money lent & advanced to deft: Amount appearing due $200.00 June 9, 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 a true copy of the same with the within named Elijah Cheney this 10. day of June 1837—
2d. Shff. Dept.”
And thereupon it was ordered by the court that this cause be continued until the next term of said court— Afterwards to wit, on the tenth day of July in the year aforesaid the plaintiffs by their said filed in the office of the Clerk aforesaid, their declaration in the words and figures following to wit:—
“The State of Ohio)
ss. [scilicet])
In the Court of Common Pleas, vacation after the June term AD 1837— Joseph Smith Jr. for the use of John Hitchcock & James R. Hitchcock complains of Elijah Cheney in a plea of for that whereas the said defendant on the twenty first day of September AD 1836 at in said made his promissory note in writing, and delivering delivered the same to the plaintiff and thereby promised to pay the plaintiff two hundred dollars & thirty nine cents with use on demand for value received and the said defendant in consideration of the premises promised to pay the amount of the said note to the said plaintiff according to the tenor and effect thereof, and also for that whereas the said defendant heretofore to wit, on the twenty second day of September AD 1836 at in said county of and State of was indebted to said plaintiff in the sum of four hundred dollars for the work, labour, care, diligence and attention of him the said plaintiff by him the said plaintiff before that time done performed and bestowed in and about the business of [p. 275]
Pleas before the Court of Common Pleas within and for the County of in the State of , on the twenty fourth day of October in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered that heretofore to wit, at the June term of said court in the year above written Joseph Smith Jr. for the use of [John] Hitchcock & [James R.] Hitchcock by his attorney sued out of the office of the Clerk of said court a writ of summons against Elijah Cheney, in the words & figures following to wit:
“The State of Ohio)
ss. scilicet)
seal
To the of said . . . Greeting:—
We command you that you summon Elijah Cheney to appear forthwith before our court of common pleas for said now sitting at the court house in to answer unto Joseph Smith Jr. for the use of John Hitchcock & James R. Hitchcock in a plea of to their damage three hundred dollars as is said. Herein fail not but of this writ and your services make due return. Witness President of said court at this ninth day of June A. D. 1837—
Charles H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. on note by defendant Sept. 21. 1836 payable to plaintiff on demand with use for $200.39: Also for money had & recd. to use of plff: Also for money lent & advanced to deft: Amount appearing due $200.00 June 9, 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 a true copy of the same with the within named Elijah Cheney this 10. day of June 1837—
2d. Shff. Dept.”
And thereupon it was ordered by the court that this cause be continued until the next term of said court— Afterwards to wit, on the tenth day of July in the year aforesaid the plaintiffs by their said filed in the office of the Clerk aforesaid, their declaration in the words and figures following to wit:—
“The State of Ohio)
ss. scilicet)
In the Court of Common Pleas, vacation after the June term AD 1837— Joseph Smith Jr. for the use of John Hitchcock & James R. Hitchcock complains of Elijah Cheney in a plea of for that whereas the said defendant on the twenty first day of September AD 1836 at in said made his promissory note in writing, and delivered the same to the plaintiff and thereby promised to pay the plaintiff two hundred dollars & thirty nine cents with use on demand for value received and the said defendant in consideration of the premises promised to pay the amount of the said note to the said plaintiff according to the tenor and effect thereof, and also for that whereas the said defendant heretofore to wit, on the twenty second day of September AD 1836 at in said county of and State of was indebted to said plaintiff in the sum of four hundred dollars for the work, labour, care, diligence and attention of him the said plaintiff by him the said plaintiff before that time done performed and bestowed in and about the business of [p. 275]
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