Transcript of Proceedings, circa 5 June 1837 [Holmes v. Dayton et al.]

  • Source Note
  • Historical Introduction
Page 87
image
writing. and delivered the same to the said plaintiff and thereby promised to pay to the said plaintiff or bearer two hundred eight dollars and <​thirty​> cents by the first day of January then next ensuing the date thereof with use, which period has now elapsed, and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said plaintiff according to the tenor and effect thereof— Yet the said defendants hath disregarded their promises and hath not paid the said sum of money, or any part thereof, to the damage of the said plaintiff three hundred dollars, and therefore he brings suit, &c.
Atty. for Plff.”
And now at this term of said Court that is to say, at the term thereof first aforesaid, comes the said plaintiff and the defendants being three times demanded to come into court and defend this suit, come not, but make default— It is therefore considered by the court, had that the plaintiff recover against the defendants, his costs and charges by <​damages by the court​> here assessed to one hundred & Eighty three dollars and thirty cents, and also his costs and charges by him in and about the prosecution of this suit in that behalf expended, taxed at ten dollars and eighteen cents— And it is ordered by the court that the defendants pay the costs and charges by them made in and about the defending of this suit, taxed at seventy one cents, and in default thereof that issue to collect the same.
Prest [p. 87]
writing. and delivered the same to the said plaintiff and thereby promised to pay to the said plaintiff or bearer two hundred eight dollars and thirty cents by the first day of January then next ensuing the date thereof with use, which period has now elapsed, and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said plaintiff according to the tenor and effect thereof— Yet the said defendants hath disregarded their promises and hath not paid the said sum of money, or any part thereof, to the damage of the said plaintiff three hundred dollars, and therefore he brings suit, &c.
Atty. for Plff.”
And now at this term of said Court that is to say, at the term thereof first aforesaid, comes the said plaintiff and the defendants being three times demanded to come into court and defend this suit, come not, but make default— It is therefore considered by the court, that the plaintiff recover against the defendants, his damages by the court here assessed to one hundred & Eighty three dollars and thirty cents, and also his costs and charges by him in and about the prosecution of this suit in that behalf expended, taxed at ten dollars and eighteen cents— And it is ordered by the court that the defendants pay the costs and charges by them made in and about the defending of this suit, taxed at seventy one cents, and in default thereof that issue to collect the same.
Prest [p. 87]
Page 87