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

  • Source Note
  • Historical Introduction
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endorsments thereon with the wife of the within named he being absent this 10th of Feb.y 1837. 2d. Sheriff.”
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 [blank] day of [blank] in the year aforesaid, the plaintiff filed in the office of the aforesaid, his declaration in the words and figures following to wit:
“The State of Ohio, ss.) Court of Common Pleas, Vacation after March Term AD 1837.— Samuel D. Rounds who sues as well for the State of as for himself complains of in a plea of Debt For that whereas the said on the fourth day of January in the year of <​our​> Lord one thousand eight hundred and thirty seven at in the County of aforesaid did act as an Officer Servant, Agent and Trustee of a certain Bank called “The Kirtland Safety Society Anti Banking Co.” which said Bank was not then and there incorporated by law, contrary to the Statute in such case made and provided whereby and by force of the said Statute the has forfeited for said offence the sum of one thousand dollars, and thereby and by the force of the said Statute an action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the for the said State of and for himself the said sum of one thousand dollars, one half for the said State of , and the other half for the plaintiff.— And also for that the said afterwards to wit, on the day and year last aforesaid at in the County of aforesaid did act as an officer of a certain other Bank called and denominated “The Kirtland Safety Society Anti Banking Co.” which said last mentioned Bank was not then and there incorporated by law, by then and there assisting in the discounting of paper and lending money for said Bank, contrary to the Statute in such case made and provided, whereby and by force of the said Statute the said has forfeited for said last mentioned offence the further sum of one thousand dollars, and thereby and by the force of the said Statute and action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the said for the said State of and for himself the said last mentioned sum of one thousand dollars, one half for the said State of and the other half for the plaintiff.— And also for that the said afterwards to wit, on the day and year last aforesaid at aforesaid in the County of aforesaid did act as an officer of a certain other Bank not then and there incorporated by law, contrary to the Statute in such case made and provided whereby and by the force of the said Statute the has forfeited for the said last mentioned offence the further sum of one thousand dollars and thereby and by the force of the said Statute an action hath accrued to the said plaintiff who sues as aforesaid to have and demand of and from the said for the said State of and for himself said last mentioned sum of one thousand dollars one half for the said State of and the other half for the said plaintiff: Yet the though often requested so to do has not paid the said several sums of one thousand dollars nor any of them nor either of them nor any part thereof, to the said State of and to the plaintiff who sues as aforesaid, but has always neglected and refused so to do, which is to the damage of the plaintiff the sum of one thousand dollars and therefore brings this suit &c. Atty for Pl[ainti]ff.”
Afterwards to wit, at the June term of said Court in the year aforesaid, this cause came on to be heard upon a demurrer to the declaration of the plaintiff and was argued by counsel; On consideration whereof it was adjudged by the Court that the said demurrer be overruled with costs: Whereupon on motion of the leave was given him to amend, on payment of costs; And it was [p. 360]
endorsments thereon with the wife of the within named he being absent this 10th of Feb.y 1837. 2d. Sheriff.”
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 [blank] day of [blank] in the year aforesaid, the plaintiff filed in the office of the aforesaid, his declaration in the words and figures following to wit:
“The State of Ohio, ss.) Court of Common Pleas, Vacation after March Term AD 1837.— Samuel D. Rounds who sues as well for the State of as for himself complains of in a plea of Debt For that whereas the said on the fourth day of January in the year of our Lord one thousand eight hundred and thirty seven at in the County of aforesaid did act as an Officer Servant, Agent and Trustee of a certain Bank called “The Kirtland Safety Society Anti Banking Co.” which said Bank was not then and there incorporated by law, contrary to the Statute in such case made and provided whereby and by force of the said Statute the has forfeited for said offence the sum of one thousand dollars, and thereby and by the force of the said Statute an action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the for the said State of and for himself the said sum of one thousand dollars, one half for the said State of , and the other half for the plaintiff.— And also for that the said afterwards to wit, on the day and year last aforesaid at in the County of aforesaid did act as an officer of a certain other Bank called and denominated “The Kirtland Safety Society Anti Banking Co.” which said last mentioned Bank was not then and there incorporated by law, by then and there assisting in the discounting of paper and lending money for said Bank, contrary to the Statute in such case made and provided, whereby and by force of the said Statute the said has forfeited for said last mentioned offence the further sum of one thousand dollars, and thereby and by the force of the said Statute and action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the said for the said State of and for himself the said last mentioned sum of one thousand dollars, one half for the said State of and the other half for the plaintiff.— And also for that the said afterwards to wit, on the day and year last aforesaid at aforesaid in the County of aforesaid did act as an officer of a certain other Bank not then and there incorporated by law, contrary to the Statute in such case made and provided whereby and by the force of the said Statute the has forfeited for the said last mentioned offence the further sum of one thousand dollars and thereby and by the force of the said Statute an action hath accrued to the said plaintiff who sues as aforesaid to have and demand of and from the said for the said State of and for himself said last mentioned sum of one thousand dollars one half for the said State of and the other half for the said plaintiff: Yet the though often requested so to do has not paid the said several sums of one thousand dollars nor any of them nor either of them nor any part thereof, to the said State of and to the plaintiff who sues as aforesaid, but has always neglected and refused so to do, which is to the damage of the plaintiff the sum of one thousand dollars and therefore brings this suit &c. Atty for Plaintiff.”
Afterwards to wit, at the June term of said Court in the year aforesaid, this cause came on to be heard upon a demurrer to the declaration of the plaintiff and was argued by counsel; On consideration whereof it was adjudged by the Court that the said demurrer be overruled with costs: Whereupon on motion of the leave was given him to amend, on payment of costs; And it was [p. 360]
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