Transcript of Proceedings, circa 4 June 1838 [Allen v. O. Granger]

  • Source Note
  • Historical Introduction
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Pleas before the Court of Common Pleas within and for the County of in the State of Ohio at a Term of said Court begun and held at on the third fourth day of June in the year of our Lord one thousand eight hundred and thirty eight.
Be it remembered, that heretofore to wit, at the April Term of said Court in the year aforesaid, brought into Court and filed a transcript from the docket of a Justice of the Peace in the words and figures following to wit:—
Matthew Allen)
vs)
)
“State of Ohio, ss. [scilicet]— Action of debt on judgment rendered by on the 8th day of August AD 1837 against Joseph Smith Jnr. , , , & , being the Steam Company for the sum of $23. for debt and $1.31½ cents costs, as per the docket of said now in my possession appears.— August 16th 1838— the present in this suit became bail for the said Joseph Smith Jnr. and others for the stay of execution— January 3d 1838 issued scire facias to Const returnable on the 8th at 10, oclock A.M. which was returned endorsed personally served on a part of the said defendants, the others not found— January 8th. Defendants not appearing the interest was calculated and judgment rendered against them for the sum of $23.57½ cents debt and $2.64 costs— Issued an execution to Constable which was returned January 24th. endorsed nine dollars and twenty five cents made and no more property found to levy on.
January 24th issued scire facias against the in this suit to Const. returnable on the 29th at 10. o.clock A.M. which was returned endorsed personally served Jan.y 25th. fees taxed .15— Parties appeard on the 29. by counsel and a continuance was granted on application of s counsel, till the 30th at 1, o.clock P.M. On the 30th parties appeared and on application of s counsel a further continuance was granted till Feb. 1. at 10, o.clock A.M. Feb. 1st. 1838 parties attended and answered to the call of the Issued a subpoena on application of for , , Benjamin Seeley and , but by consent of parties cause was continued till the 3d at 2, o.clock. P.M.— Feb. 3d 2, o.clock parties appeared and answered by counsel, called , Benj. Seeley, , & who were sworn and testified— After hearing testimony and remarks of counsel, deferred decision till the 5th at 2, o.clock P.M. Feb. 5th 1838 considered that judgment should be rendered against the for the balance due on the execution against the judgment debtors, seventeen dollars & ninety six ½ cents damages, and four dollars and twenty seven cents costs. J. P.
In the action of Matthew Allen against , we and do acknowledge ourselves bail for the appellant in the sum of fifty dollars to be levied of our goods and chattels lands and tenements in case the appellant shall be condemned in the action and shall [p. 147]
Pleas before the Court of Common Pleas within and for the County of in the State of Ohio at a Term of said Court begun and held at on the fourth day of June in the year of our Lord one thousand eight hundred and thirty eight.
Be it remembered, that heretofore to wit, at the April Term of said Court in the year aforesaid, brought into Court and filed a transcript from the docket of a Justice of the Peace in the words and figures following to wit:—
Matthew Allen)
vs)
)
“State of Ohio, ss. [scilicet]— Action of debt on judgment rendered by on the 8th day of August AD 1837 against Joseph Smith Jnr. , , , & , being the Steam Company for the sum of $23. for debt and $1.31½ costs, as per the docket of said now in my possession appears.— August 16th 1838— the present in this suit became bail for the said Joseph Smith Jnr. and others for the stay of execution— January 3d 1838 issued scire facias to Const returnable on the 8th at 10, oclock A.M. which was returned endorsed personally served on a part of the said defendants, the others not found— January 8th. Defendants not appearing the interest was calculated and judgment rendered against them for the sum of $23.57½ cents debt and $2.64 costs— Issued an execution to Constable which was returned January 24th. endorsed nine dollars and twenty five cents made and no more property found to levy on.
January 24th issued scire facias against the in this suit to Const. returnable on the 29th at 10. o.clock A.M. which was returned endorsed personally served Jan.y 25th. fees taxed .15— Parties appeard on the 29. by counsel and a continuance was granted on application of s counsel, till the 30th at 1, o.clock P.M. On the 30th parties appeared and on application of s counsel a further continuance was granted till Feb. 1. at 10, o.clock A.M. Feb. 1st. 1838 parties attended and answered to the call of the Issued a subpoena on application of for , , Benjamin Seeley and , but by consent of parties cause was continued till the 3d at 2, o.clock. P.M.— Feb. 3d 2, o.clock parties appeared and answered by counsel, called , Benj. Seeley, , & who were sworn and testified— After hearing testimony and remarks of counsel, deferred decision till the 5th at 2, o.clock P.M. Feb. 5th 1838 considered that judgment should be rendered against the for the balance due on the execution against the judgment debtors, seventeen dollars & ninety six ½ cents damages, and four dollars and twenty seven cents costs. J. P.
In the action of Matthew Allen against , we and do acknowledge ourselves bail for the appellant in the sum of fifty dollars to be levied of our goods and chattels lands and tenements in case the appellant shall be condemned in the action and shall [p. 147]
Page 147