Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. H. Smith]

  • Source Note
  • Historical Introduction
Page 494
image
the said several sums of money in this court mentioned when he the said should be thereunto afterwards requested. And whereas also afterwards to wit, on the first day of October AD 1837 at in said the said accounted with the said plaintiffs of and concerning divers other sums of money for the said to the said plaintiffs before that time due and owing, and then in arrear, and unpaid and upon such accounting the said was then and there found to be in arrear and indebted to said plaintiffs in the further sum of twelve hundred dollars; and being so found in arrear and indebted he the said in consideration thereof afterwards to wit, on the same day and year last aforesaid at aforesaid undertook and then and there faithfully promised the said plaintiffs to pay them the said further sum of twelve hundred dollars in this count mentioned when he the said should be thereunto afterwards requested.— Yet the said his said several promises and undertakings in no wise regarding but contriving &c. has not as yet paid the said several sums of money in this declaration mentioned or any or either of them or any part thereof to the said plaintiffs (although often requested &c:) But the said to pay the said plaintiffs the same has hitherto wholly neglected and refused and still does neglect and refuse. To the damage of the said plaintiffs of twelve hundred dollars, and therefore they sue &c.
G. W. Lynde Atty for Plaintiffs.”
And now at this term of said Court that is to say at the term thereof first aforesaid come the said plaintiffs, and the being three times demanded to come into Court and defend this suit comes not but makes default. It is therefore considered by the Court that the plaintiffs recover against the their damages by the Court here assessed to the sum of eight hundred eighty one dollars and fifteen cents, and also their costs and charges by them in and about the prosecuting of this suit in that behalf expended taxed at nine dollars and eighty one 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 one dollar and forty nine cents, and in default thereof, that issue to collect the same.
Prst [p. 494]
the said several sums of money in this court mentioned when he the said should be thereunto afterwards requested. And whereas also afterwards to wit, on the first day of October AD 1837 at in said the said accounted with the said plaintiffs of and concerning divers other sums of money for the said to the said plaintiffs before that time due and owing, and then in arrear, and unpaid and upon such accounting the said was then and there found to be in arrear and indebted to said plaintiffs in the further sum of twelve hundred dollars; and being so found in arrear and indebted he the said in consideration thereof afterwards to wit, on the same day and year last aforesaid at aforesaid undertook and then and there faithfully promised the said plaintiffs to pay them the said further sum of twelve hundred dollars in this count mentioned when he the said should be thereunto afterwards requested.— Yet the said his said several promises and undertakings in no wise regarding but contriving &c. has not as yet paid the said several sums of money in this declaration mentioned or any or either of them or any part thereof to the said plaintiffs (although often requested &c:) But the said to pay the said plaintiffs the same has hitherto wholly neglected and refused and still does neglect and refuse. To the damage of the said plaintiffs of twelve hundred dollars, and therefore they sue &c.
G. W. Lynde Atty for Plaintiffs.”
And now at this term of said Court that is to say at the term thereof first aforesaid come the said plaintiffs, and the being three times demanded to come into Court and defend this suit comes not but makes default. It is therefore considered by the Court that the plaintiffs recover against the their damages by the Court here assessed to the sum of eight hundred eighty one dollars and fifteen cents, and also their costs and charges by them in and about the prosecuting of this suit in that behalf expended taxed at nine dollars and eighty one 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 one dollar and forty nine cents, and in default thereof, that issue to collect the same.
Prst [p. 494]
Page 494