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

  • Source Note
  • Historical Introduction
Page 512
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Pleas before the Court of Common Pleas within and for the County of in the State of Ohio 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, Ray Boynton & Harry Hyde by G[eorge] W. Lynde their Attorney sued out of the office of the Clerk of said Court a writ of summons against Joseph Smith Junior, in the words and figures following to wit:—
“The State of Ohio)
ss. [scilicet])
seal To the Sheriff of said . . . Greeting:— We command you that you summon Joseph Smith Junior to appear forthwith before our Court of Common Pleas for said now sitting at the Court House in to answer unto Ray Boynton and Harry Hyde in a plea of assumpsit, to their damage one thousand & two hundred dollars as is said. Herein fail not but of this writ and your service make due return. Witness Clerk of said Court at this 26th day of October A.D. 1837. C[harles] H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brot on a joint & several note of hand dated April 13. 1837, given by , Joseph Smith Jr. , and , to or order payable at the Commercial Bank of Lake Erie at with interest five months from date and by the said endorsed to the pl[ainti]ffs. Also for goods sold and delivered money had & received &c. Amount appearing due $851.73, damages $1200— Oct. 28. 1838 1837.” The foregoing writ was forthwith returned into Court by the sheriff of our said endorsed as follows to wit:— “The State of Ohio, ss. [scilicet] I have executed the command of this writ by leaving a true copy of the same with the of J. Smith Jr. he being absent. A[bner] P. Axtell Dep. Shff.” 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 thirtieth day of November in the year last aforesaid the plaintiffs by their said Attorney filed in the Clerks office aforesaid, their declaration in the words & figures following to wit:—
“State of Ohio)
ss. [scilicet])
Ray Boynton &) Action of Assumpsit
Harry Hyde)
vs)
Joseph Smith Junr.)
Court of Common Pleas, Vacation after October Term A.D. 1837— The said Ray Boynton & Harry Hyde plaintiffs in this suit by George W. Lynde their Attorney complain of Joseph Smith Junior defendant in this suit in Court of a plea of assumpsit, For that whereas heretofore the said defendant and , , and on the thirteenth day of April AD 1837 at in said County of Geauga and State aforesaid made their certain promissory note in writing and delivered the same to one and thereby the said defendant and , , and promised to pay the said in the following manner, five months after date we or either of us promise to pay or order eight hundred & twenty five dollars at the Commercial Bank of Lake Erie at with interest from date value received (meaning for value received) which period has now elapsed and the said then and there endorsed the said note and delivered the same to the said plaintiffs, Whereof the said defendant then and there had notice, and then and there in consideration of the premises promised to pay the amount of the said note and the interest on the same to the said plaintiffs according to the tenor and effect thereof— Yet the said defendant (although often requested so to do) has not paid the said sum of money to the said plaintiffs, neither have the said , , and nor any or either of them have paid the said sum of money mentioned in said note or any part thereof to said plaintiffs, but the said defendant and the said , , , <​and​> have hitherto wholly neglected and refused so to do: And also for that whereas the said defendant heretofore to wit, on the first day of September AD 1837 at in said County of Geauga and State of Ohio was [p. 512]
Pleas before the Court of Common Pleas within and for the County of in the State of Ohio 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, Ray Boynton & Harry Hyde by George W. Lynde their Attorney sued out of the office of the Clerk of said Court a writ of summons against Joseph Smith Junior, in the words and figures following to wit:—
“The State of Ohio)
ss. scilicet)
seal To the Sheriff of said . . . Greeting:— We command you that you summon Joseph Smith Junior to appear forthwith before our Court of Common Pleas for said now sitting at the Court House in to answer unto Ray Boynton and Harry Hyde in a plea of assumpsit, to their damage one thousand & two hundred dollars as is said. Herein fail not but of this writ and your service make due return. Witness Clerk of said Court at this 26th day of October A.D. 1837. Charles H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brot on a joint & several note of hand dated April 13. 1837, given by , Joseph Smith Jr. , and , to or order payable at the Commercial Bank of Lake Erie at with interest five months from date and by the said endorsed to the plaintiffs. Also for goods sold and delivered money had & received &c. Amount appearing due $851.73, damages $1200— Oct. 28. 1837.” The foregoing writ was forthwith returned into Court by the sheriff of our said endorsed as follows to wit:— “The State of Ohio, ss. scilicet I have executed the command of this writ by leaving a true copy of the same with the of J. Smith Jr. he being absent. Abner P. Axtell Dep. Shff.” 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 thirtieth day of November in the year last aforesaid the plaintiffs by their said Attorney filed in the Clerks office aforesaid, their declaration in the words & figures following to wit:—
“State of Ohio)
ss. scilicet)
Ray Boynton &) Action of Assumpsit
Harry Hyde)
vs)
Joseph Smith Junr.)
Court of Common Pleas, Vacation after October Term A.D. 1837— The said Ray Boynton & Harry Hyde plaintiffs in this suit by George W. Lynde their Attorney complain of Joseph Smith Junior defendant in this suit in Court of a plea of assumpsit, For that whereas heretofore the said defendant and , , and on the thirteenth day of April AD 1837 at in said County of Geauga and State aforesaid made their certain promissory note in writing and delivered the same to one and thereby the said defendant and , , and promised to pay the said in the following manner, five months after date we or either of us promise to pay or order eight hundred & twenty five dollars at the Commercial Bank of Lake Erie at with interest from date value received (meaning for value received) which period has now elapsed and the said then and there endorsed the said note and delivered the same to the said plaintiffs, Whereof the said defendant then and there had notice, and then and there in consideration of the premises promised to pay the amount of the said note and the interest on the same to the said plaintiffs according to the tenor and effect thereof— Yet the said defendant (although often requested so to do) has not paid the said sum of money to the said plaintiffs, neither have the said , , and nor any or either of them have paid the said sum of money mentioned in said note or any part thereof to said plaintiffs, but the said defendant and the said , , , and have hitherto wholly neglected and refused so to do: And also for that whereas the said defendant heretofore to wit, on the first day of September AD 1837 at in said County of Geauga and State of Ohio was [p. 512]
Page 512