Transcript of Proceedings, circa 3 April 1838 [Bailey and Reynolds v. Rigdon et al.]

  • Source Note
  • Historical Introduction
Page 5
image
Pleas before the Court of Common Pleas within and for the County of in the State of on the third day of April in the year of our Lord one thousand eight hundred and thirty eight.
BE IT REMEMBERED. that heretofore to wit, at the October term of said Court in the year of our Lord one thousand eight hundred and thirty seven & Henry J. Reynolds sued out of the office of the Clerk of said Court a writ of Capias ad respondendum against & others in the words & figures following to wit:—
“The State of Ohio)
ss. [scilicet])
Seal
To the of said . . . Greeting: We command you that you take , Joseph Smith Jr. , & if they be found in your bailiwick and them safely keep so that you have them forthwith before our Court of Common Pleas for said now sitting at the Court House in to answer unto & Henry J. Reynolds in a plea of assumpsit damages one thousand two hundred dollars, and have you then there this writ. Witness Clerk of said Court at this twenty fifth day of October A.D. 1837. C[harles] H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brot on note given by defendants to and by him endorsed to plaintiffs for the sum of eight hundred and twenty five dollars dated April 13th 1837. Also for goods sold and delivered, money had & received &c. Oct. 25. 1837 <​A. D.​> 1837.”
The foregoing writ was forthwith returned into Court by the Sheriff of our said endorsed as follows to wit:
“I have made due and diligent search and cannot find either of the defendants within my bailiwick 2d. Shff. J[abez] A. Tracy Depty.”
And thereupon it was 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 parties and by their agreement this cause is settled at the costs of the plaintiffs. It is therefore considered by the Court that the defendants recover against the plaintiffs their costs and charges by them in and about the defending of this suit in that behalf expended taxed at sixty cents; And it is ordered by the Court that the plaintiffs pay the costs and charges by them made in and about the prosecuting of this suit taxed at two dollars and fifty cents, and in default thereof that execution issue to collect the same.
Prst [p. 5]
Pleas before the Court of Common Pleas within and for the County of in the State of on the third day of April in the year of our Lord one thousand eight hundred and thirty eight.
BE IT REMEMBERED. that heretofore to wit, at the October term of said Court in the year of our Lord one thousand eight hundred and thirty seven & Henry J. Reynolds sued out of the office of the Clerk of said Court a writ of Capias ad respondendum against & others in the words & figures following to wit:—
“The State of Ohio)
ss. scilicet)
Seal
To the of said . . . Greeting: We command you that you take , Joseph Smith Jr. , & if they be found in your bailiwick and them safely keep so that you have them forthwith before our Court of Common Pleas for said now sitting at the Court House in to answer unto & Henry J. Reynolds in a plea of assumpsit damages one thousand two hundred dollars, and have you then there this writ. Witness Clerk of said Court at this twenty fifth day of October A.D. 1837. Charles H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brot on note given by defendants to and by him endorsed to plaintiffs for the sum of eight hundred and twenty five dollars dated April 13th 1837. Also for goods sold and delivered, money had & received &c. Oct. 25. A. D. 1837.”
The foregoing writ was forthwith returned into Court by the Sheriff of our said endorsed as follows to wit:
“I have made due and diligent search and cannot find either of the defendants within my bailiwick 2d. Shff. Jabez A. Tracy Depty.”
And thereupon it was 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 parties and by their agreement this cause is settled at the costs of the plaintiffs. It is therefore considered by the Court that the defendants recover against the plaintiffs their costs and charges by them in and about the defending of this suit in that behalf expended taxed at sixty cents; And it is ordered by the Court that the plaintiffs pay the costs and charges by them made in and about the prosecuting of this suit taxed at two dollars and fifty cents, and in default thereof that execution issue to collect the same.
Prst [p. 5]
Page 5