Transcript of Proceedings, circa 3 April 1838 [Stannard v. Young and JS]

  • Source Note
  • Historical Introduction
Page 585
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Pleas before the Court of Common Pleas within and for the County of and 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 Claudius Stannard sued out of the office of the of said Court a writ of summons against and 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 and Joseph Smith Junior to appear forthwith before our Court of Common Pleas for said now sitting at the Court house in to answer unto Claudius Stan[n]ard in a plea of assumpsit to his damage five 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 28th. day of October AD 1837 C[harles] H Foot Dep Clerk—[”]
Upon which writ was endorsed the following <​endorsment​> certificate to wit:—
“Suit brot. on promissary note given by def[endan]ts to plaintiff for the sum of $235.50 dated October 11 1836. Also for goods sold and delivered amount appearing to be due $250—”
The foregoing writ was forthwith returned into Court endorsed as follows to wit
“The State of Ohio)
ss)
I have executed this writ by copy on each defendant Nov 1. 1837 A[bel] Kimball 2d Sh[eri]ff. J A Tracy Deputy”—
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 fourth day of December in the year of Our Lord one thousand eight hundred and thirty seven the plaintiff by his Attorney filed a declaration with the aforesaid in the words and figures following to wit:—
“State of Ohio)
ss [scilicet])
Claudius Stan[n]ard)
vs.)
&)
Joseph Smith Junior)
Court of Common Pleas Vacation after October Term AD 1837. Declaration in assumpsit—
Claudius Stanard complains of & Joseph Smith Jr. in a plea of Assumpsit for that whereas the said defendants on the eleventh day of October AD 1836. at in said County of made their promissary note in writing and delivered the same to the plaintiff [p. 585]
Pleas before the Court of Common Pleas within and for the County of and 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 Claudius Stannard sued out of the office of the of said Court a writ of summons against and 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 and Joseph Smith Junior to appear forthwith before our Court of Common Pleas for said now sitting at the Court house in to answer unto Claudius Stannard in a plea of assumpsit to his damage five 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 28th. day of October AD 1837 Charles H Foot Dep Clerk—”
Upon which writ was the following endorsment to wit:—
“Suit brot. on promissary note given by defendants to plaintiff for the sum of $235.50 dated October 11 1836. Also for goods sold and delivered amount appearing to be due $250—”
The foregoing writ was forthwith returned into Court endorsed as follows to wit
“The State of Ohio)
ss)
I have executed this writ by copy on each defendant Nov 1. 1837 Abel Kimball 2d Sheriff. J A Tracy Deputy”—
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 fourth day of December in the year of Our Lord one thousand eight hundred and thirty seven the plaintiff by his Attorney filed a declaration with the aforesaid in the words and figures following to wit:—
“State of Ohio)
ss scilicet)
Claudius Stannard)
vs.)
&)
Joseph Smith Junior)
Court of Common Pleas Vacation after October Term AD 1837. Declaration in assumpsit—
Claudius Stanard complains of & Joseph Smith Jr. in a plea of Assumpsit for that whereas the said defendants on the eleventh day of October AD 1836. at in said County of made their promissary note in writing and delivered the same to the plaintiff [p. 585]
Page 585