Capias ad Respondendum, 30 November 1840 [Miller et al. v. B. Holladay and W. Holladay]

  • Source Note
  • Historical Introduction

Document Transcript

SUMMONS in .
STATE OF ILLINOIS,) Sct.
,)
The People of the State of , To the of said , greeting:
We Command you to Summon take Benjamin Holladay & William Holladay and them safely Keep so that you may have them if to be found in your , to appear before the Circuit Court of said County of , on the first day of the next term thereof, to be holden at the Court House, in , on the fourth Monday in the month of April AD 1841 to answer the complaint of Joseph Smith Jr and of a plea of on Premises, to their damage, the sum of two thousand—— Dollars, as they says. And have you then there this writ, and make return thereon in what manner you execute the same.
[seal]
Witness, , <​S Otho Williams​> Clerk of our said Circuit Court, at , this Thirtieth day of November in the year of our Lord one thousand eight hundred and forty
S Otho Williams Clerk.
C. M. WOODS, PRINT. , ILLS. [p. [1]]
3d Day. No. [blank]
Joseph Smith & others
vs.) In Assumpsit <​Case​>.
Benjamin Holladay & Wm Holladay
SUMMONS.
In the Circuit Court, Ills. To April Term, A. D. 1841
 
I cannot, in my , find the within named [blank]
Sheriff, Ill.
 
I have served the within Summons by reading the same to the within named taking the bodies of the within named Benjamin Holladay & William Holladay and have them ready to answer according to law Nov 30th 1841
Sheriff, Ill.
The Bail Bond being herewith filed
 
SHERIFF’S FEES:—
Serving 2 Summons, $1.—
Returning Summons, —.12½
36 Miles Travel, 2.25
Taking Bond 50
Total Amount, $3.87½
Sheriff Ill. [p. [2]]

Footnotes

  1. 1

    TEXT: A note is printed in the left margin of the document: “Writs shall run, &c. State Const. art. 4, § 7; Breese 133”.  

  2. 2

    TEXT: A note is printed in the left margin of the document: “Be directed, &c. Rev. Laws, p 486 To Coroner, 578, To Elisor, 579.”  

  3. 3

    TEXT: A note is printed in the left margin of the document: “to other counties when, 145, 497.”  

  4. 4

    TEXT: A note is printed in the left margin of the document: “Made returnable 158, 487, § 1. Laws ’38–9 p 278, ’36–7, p 112 § 5”.  

  5. 5

    TEXT: A note is printed in the left margin of the document: “Archbold’s Appendix, p. 26.”  

  6. 6

    TEXT: A note is printed in the left margin of the document: “Of Service & Return: R. L. 155 § 30, 487, § 2. R. L. 387. Breese, p. 168, 292.”  

  7. 7

    TEXT: A note is printed in the left margin of the document: “Tested L. ’36–7 p. 178–9. Sealed Dated, & Signed, R. L. 158, 486.”  

  8. new scribe logo

    Docket printed with manuscript additions in handwriting of S. Otho Williams.  

  9. new scribe logo

    Notations printed with manuscript additions in handwriting of William D. Abernethy.