Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Rigdon]

  • Source Note
  • Historical Introduction
Page 359
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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 ninth day of February in the year above written, Samuel D. Rounds qui. tam. sued out of the office of the of said Court a writ of Summons agains[t] , in the words and figures following to wit:—
“The State of Ohio)
ss. [scilicet])
seal
To the of our said . . . Greeting:— We command you that you Summon if he be found in your bailiwick to appear before our court of common pleas for said to be held at the court house in the town of the twenty first day of March next to answer Samuel D. Rounds who sues as well for the State of as for himself, in a plea of debt for one thousand dollars, damage one thousand dollars, as is said. Herein fail not but of this writ and your service make due return. Witness the Honourable President of our said Court at the ninth day of February Anno Domini one thousand eight hundred and thirty seven. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. to recover of a penalty of $1000. incurred by acting on the 4th day of January 1837 as an officer of a Bank not incorporated by law of this State denominated “The Kirtland Safety Society Anti-Banking Co.” contrary to the Statute in such case made and provided. Amt. claimed to be due $1000. Feb.y 8. 1837.”
Afterwards to wit, at the March 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 have executed the command of this writ by leaving a true copy of the same with the [p. 359]
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 ninth day of February in the year above written, Samuel D. Rounds qui. tam. sued out of the office of the of said Court a writ of Summons against , in the words and figures following to wit:—
“The State of Ohio)
ss. scilicet)
seal
To the of our said . . . Greeting:— We command you that you Summon if he be found in your bailiwick to appear before our court of common pleas for said to be held at the court house in the town of the twenty first day of March next to answer Samuel D. Rounds who sues as well for the State of as for himself, in a plea of debt for one thousand dollars, damage one thousand dollars, as is said. Herein fail not but of this writ and your service make due return. Witness the Honourable President of our said Court at the ninth day of February Anno Domini one thousand eight hundred and thirty seven. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. to recover of a penalty of $1000. incurred by acting on the 4th day of January 1837 as an officer of a Bank not incorporated by law of this State denominated “The Kirtland Safety Society Anti-Banking Co.” contrary to the Statute in such case made and provided. Amt. claimed to be due $1000. Feb.y 8. 1837.”
Afterwards to wit, at the March 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 have executed the command of this writ by leaving a true copy of the same with the [p. 359]
Page 359