Transcript of Proceedings, circa 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery]

  • Source Note
  • Historical Introduction
Page 351
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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 & thirty seven.
Be it remembered that heretofore to wit, on the twentieth day of April in the year above written sued out of the office of the of said Court a writ of Capias 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 take the bodies of , Joseph Smith Jr. and , if they be found in your bailiwick, and them safely keep, so that you have them before our Court of Common Pleas for said at the Court House in on the fifth day of June next, to answer unto in a plea of assumpsit to his damage four hundred dollars, as is said. Herein fail not but of this writ and your service make due return. Witness the Hon. President Judge of said Court at , this 20th. day of April AD 1837.
Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brought to recover amount of a note of hand given by defts as partners under the name of , for the sum of $28732/100 dated June 17. 1836 payable to or order six months after date, value received: Amount claimed to be due $295.00.”—
Afterwards to wit, at the June term of said court in the year aforesaid, the foregoing writ was returned into court by the of our said endorsed as follows to wit:
“The State of Ohio, ss.} I on the 25.th. day of April 1837 arrested the within named defts and took their bail bond with , , & as sureties conditioned that , Joseph Smith Jun. & appear at the next Court of Com. Pleas and enter Special bail in the case— a copy of bail bond is hereunto returned. 2d. Shff.”
Whereupon Special Bail was entered in the words and figures following to wit:—
)
vs) Assumpsit.—
, Joseph Smith Jr. & )
The State of Ohio)
to wit:)
Be it remembered that on this [p. 351]
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 & thirty seven.
Be it remembered that heretofore to wit, on the twentieth day of April in the year above written sued out of the office of the of said Court a writ of Capias 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 take the bodies of , Joseph Smith Jr. and , if they be found in your bailiwick, and them safely keep, so that you have them before our Court of Common Pleas for said at the Court House in on the fifth day of June next, to answer unto in a plea of assumpsit to his damage four hundred dollars, as is said. Herein fail not but of this writ and your service make due return. Witness the Hon. President Judge of said Court at , this 20th. day of April AD 1837.
Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brought to recover amount of a note of hand given by defts as partners under the name of , for the sum of $28732/100 dated June 17. 1836 payable to or order six months after date, value received: Amount claimed to be due $295.00.”—
Afterwards to wit, at the June term of said court in the year aforesaid, the foregoing writ was returned into court by the of our said endorsed as follows to wit:
“The State of Ohio, ss.} I on the 25.th. day of April 1837 arrested the within named defts and took their bail bond with , , & as sureties conditioned that , Joseph Smith Jun. & appear at the next Court of Com. Pleas and enter Special bail in the case— a copy of bail bond is hereunto returned. 2d. Shff.”
Whereupon Special Bail was entered in the words and figures following to wit:—
)
vs) Assumpsit.—
, Joseph Smith Jr. & )
The State of Ohio)
to wit:)
Be it remembered that on this [p. 351]
Page 351