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

  • Source Note
  • Historical Introduction
Page 361
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ordered by the Court that this cause be continued until the next term of said court.
And now at this term of said Court that is to say at the term thereof first aforesaid come the said parties by their counsel, and thereupon came a Jury to wit: Amos Cunningham, John McMackin, , Gerry Bates, George D. Lee, William C. Mathews, William Graham, Benjamin Adams, Harrison P. Stebbins, Jonathan Hoyt, Heman Dodge and Thadeus Cook, who being duly empannelled and sworn well and truly to try the issue joined between the parties and a true verdict to give do find that the is indebted to the in the sum of one thousand dollars, Whereupon the files his motion to set as It is therefore considered by the Court that the recover against the his debt aforesaid so found as aforesaid, and also his costs and charges by him in and about the prosecuting of this suit in that behalf expended taxed at twenty two dollars and seventy seven cents: And it is ordered by the Court that the pay the costs and charges by him made in and about the defending of this suit taxed at Eighty one cents, and in default thereof that issue to collect the same. The excepts to the opinion of the Court, and files his Bill of Exceptions signed and sealed by the Judges thereof, in the words and figures following to wit:—
)
ads)
qui. tam.)
This cause came on for trial before the Court and Jury upon the pleadings. And the in order to maintain his suit introduced witnesses and offered to prove by them that the “Society” described in the declaration, existed at the time therein stated, at in said ; but it appearing that said Society was organised by written articles of association then in their possession the by his counsel objected to such proof without first showing notice to said Society to produce said articles: but the Court overruled the objection and admitted the evidence. The did not produce any of the Bills loaned, in Court. The further offered to prove that before and at the time in the declaration mentioned said “Society” consisting of sundry individuals carried on the business of issuing paper or bills of the likeness and similitude of Bank Bills of various denominations which would pass and circulate, by delivery of which (among others produced and offered in evidence and subscribed by the ) the following is a copy to wit:
“[$3 Kirtland Safety Society bank note]”
That said Society at the same time loaned said paper or bills to sundry individuals that the was a director in said “Society” and that he assisted in loaning the same, to which the by his counsel also objected, but the Court overruled said objection and admitted the evidence, and the rested— And thereupon the by his counsel moved the Court to charge the Jury that the Statute upon which the suit was founded was not in force, that the loaning of said paper or bills was not a loaning of money if the Statute was in force and that there was no evidence that would [p. 361]
ordered by the Court that this cause be continued until the next term of said court.
And now at this term of said Court that is to say at the term thereof first aforesaid come the said parties by their counsel, and thereupon came a Jury to wit: Amos Cunningham, John McMackin, , Gerry Bates, George D. Lee, William C. Mathews, William Graham, Benjamin Adams, Harrison P. Stebbins, Jonathan Hoyt, Heman Dodge and Thadeus Cook, who being duly empannelled and sworn well and truly to try the issue joined between the parties and a true verdict to give do find that the is indebted to the in the sum of one thousand dollars, It is therefore considered by the Court that the recover against the his debt aforesaid so found as aforesaid, and also his costs and charges by him in and about the prosecuting of this suit in that behalf expended taxed at twenty two dollars and seventy seven cents: And it is ordered by the Court that the pay the costs and charges by him made in and about the defending of this suit taxed at Eighty one cents, and in default thereof that issue to collect the same. The excepts to the opinion of the Court, and files his Bill of Exceptions signed and sealed by the Judges thereof, in the words and figures following to wit:—
)
ads)
qui. tam.)
This cause came on for trial before the Court and Jury upon the pleadings. And the in order to maintain his suit introduced witnesses and offered to prove by them that the “Society” described in the declaration, existed at the time therein stated, at in said ; but it appearing that said Society was organised by written articles of association then in their possession the by his counsel objected to such proof without first showing notice to said Society to produce said articles: but the Court overruled the objection and admitted the evidence. The did not produce any of the Bills loaned, in Court. The further offered to prove that before and at the time in the declaration mentioned said “Society” consisting of sundry individuals carried on the business of issuing paper or bills of the likeness and similitude of Bank Bills of various denominations which would pass and circulate, by delivery of which (among others produced and offered in evidence and subscribed by the ) the following is a copy to wit:
“[$3 Kirtland Safety Society bank note]”
That said Society at the same time loaned said paper or bills to sundry individuals that the was a director in said “Society” and that he assisted in loaning the same, to which the by his counsel also objected, but the Court overruled said objection and admitted the evidence, and the rested— And thereupon the by his counsel moved the Court to charge the Jury that the Statute upon which the suit was founded was not in force, that the loaning of said paper or bills was not a loaning of money if the Statute was in force and that there was no evidence that would [p. 361]
Page 361