Transcript of Proceedings, circa 5 June 1837 [Martindale v. JS et al.]

  • Source Note
  • Historical Introduction
Page 107
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“The State of Ohio)
ss. [scilicet])
Seal
To the Sheriff of said . . . Greeting: We command you, that you take Joseph Smith Jr. , & , if they be found in your bailiwic[k], and them safely keep, so that you have their bodies before our court of Common Pleas of the aforesaid, at the court house in said , on the twenty first day of March next, to answer unto Timothy D. Martindale in a plea of assumpsit; damages seven thousand five hundred dollars: and have you then there this writ. Witness, Van R. Humphrey President Judge of our said court of Common pleas for said , this sixteenth day of February A.D. 1837.
Clerk.”
Upon which writ was the following endorsment, to wit:
“Suit brought on a note made by def[endan]ts. October 11. 1836 payable to pl[ainti]ff. or order on the 1st. of Jany. 1837 for $5000. Also for money lent & advanced; also for money had & recd. to use of plff. Amt. now claimed to be due $5037. Feby. 13. 1837. Hold to bail in the sum of $10000—”
Afterwards to wit, at the March term of said court in the year aforesaid, the foregoing writ was returned into court by the Sheriff of our said , endorsed as follows, to wit:
“The State of Ohio, ss.} In obedience to the command of this writ I on the 22d. day of February A.D. 1837 arrested the within named defts. and took their bail bond with , , and as surety conditioned that the above bound defts. shall appear before the next court of Common pleas, and enter special bail in the action, a copy of the bail bond is hereunto returned
Abel Kimball 2d. Sheriff”
And the said defendants appeared and entered special bail in the words and figures following, to wit:
“Timothy D. Martindale)
vs.) Assumpsit
Joseph Smith Jr. )
& )
The State of Ohio)
ss. [scilicet])
Be it remembered that on the twenty first day of March in the year of our Lord one thousand eight hundred and thirty seven, & of the county of personally appeared before me Clerk of the court of common pleas for said county of , and severally acknowledged themselves to owe unto Timothy D. Martindale the sum of ten thousand dollars each, to be levied upon their several goods and chattels, lands, tenements, and real estates, upon condition that if the defendants Joseph Smith Jr. , & , shall be condemned in this action at the suit of Timothy D. Martindale the plaintiff, the sd. defendants shall pay the costs and condemnation of the court, or be rendered or render themselves into the custody of the sheriff of said for the same; or in case of failure that the said & will pay the costs and condemnation for them.
L.S. L.S.
Taken and acknowledged the day and year above written, before me in open court.
Clerk.”
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 twenty fourth day of April in the year aforesaid, the plaintiff by his said filed with the aforesaid, his declaration in the words and figures following, to wit:
“The State of Ohio)
ss. [scilicet])
Court of Common Pleas, Vacation after March Term A.D. 1837.
Timothy D. Martindale by his attorney, complains of Joseph Smith Junior, , & , in a plea of assumpsit, for that whereas on the eleventh day of October A.D. 1836 at [p. 107]
“The State of Ohio)
ss. scilicet)
Seal
To the Sheriff of said . . . Greeting: We command you, that you take Joseph Smith Jr. , & , if they be found in your bailiwick, and them safely keep, so that you have their bodies before our court of Common Pleas of the aforesaid, at the court house in said , on the twenty first day of March next, to answer unto Timothy D. Martindale in a plea of assumpsit; damages seven thousand five hundred dollars: and have you then there this writ. Witness, Van R. Humphrey President Judge of our said court of Common pleas for said , this sixteenth day of February A.D. 1837.
Clerk.”
Upon which writ was the following endorsment, to wit:
“Suit brought on a note made by defendants. October 11. 1836 payable to plaintiff. or order on the 1st. of Jany. 1837 for $5000. Also for money lent & advanced; also for money had & recd. to use of plff. Amt. now claimed to be due $5037. Feby. 13. 1837. Hold to bail in the sum of $10000—”
Afterwards to wit, at the March term of said court in the year aforesaid, the foregoing writ was returned into court by the Sheriff of our said , endorsed as follows, to wit:
“The State of Ohio, ss.} In obedience to the command of this writ I on the 22d. day of February A.D. 1837 arrested the within named defts. and took their bail bond with , , and as surety conditioned that the above bound defts. shall appear before the next court of Common pleas, and enter special bail in the action, a copy of the bail bond is hereunto returned
Abel Kimball 2d. Sheriff”
And the said defendants appeared and entered special bail in the words and figures following, to wit:
“Timothy D. Martindale)
vs.) Assumpsit
Joseph Smith Jr. )
& )
The State of Ohio)
ss. scilicet)
Be it remembered that on the twenty first day of March in the year of our Lord one thousand eight hundred and thirty seven, & of the county of personally appeared before me Clerk of the court of common pleas for said county of , and severally acknowledged themselves to owe unto Timothy D. Martindale the sum of ten thousand dollars each, to be levied upon their several goods and chattels, lands, tenements, and real estates, upon condition that if the defendants Joseph Smith Jr. , & , shall be condemned in this action at the suit of Timothy D. Martindale the plaintiff, the sd. defendants shall pay the costs and condemnation of the court, or be rendered or render themselves into the custody of the sheriff of said for the same; or in case of failure that the said & will pay the costs and condemnation for them.
L.S. L.S.
Taken and acknowledged the day and year above written, before me in open court.
Clerk.”
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 twenty fourth day of April in the year aforesaid, the plaintiff by his said filed with the aforesaid, his declaration in the words and figures following, to wit:
“The State of Ohio)
ss. scilicet)
Court of Common Pleas, Vacation after March Term A.D. 1837.
Timothy D. Martindale by his attorney, complains of Joseph Smith Junior, , & , in a plea of assumpsit, for that whereas on the eleventh day of October A.D. 1836 at [p. 107]
Page 107