Declaration, circa 21 September 1844 [Dana v. Brink et al.]

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  • Historical Introduction

Document Transcript

State of Illinois)
) ss [scilicet]
Circuit Court of the october Term A D 1844
Jonah R. Ball were summoned to answer of a plea that they render to the the sum Two hundred and Twenty Two dollars which they owe to and unjustly detain from him— Whereupon the said by his attorney complains for that heretofore to wit on the tenth day of March A D 1843 at and within the aforesaid the said in a certain trial of a certain suit at Law then and there pending before one Joseph Smith Esq then and there being a justice of the peace in and for said in which the now was plaintiff and the said was defendant— he the said by the consideration and Judgment of the said justice of the Peace recovered against the said a Judgment of the sum of Ninety Nine dollars debt and elven dollars and fifty Nine cents costs— of Suit— from which Judgment of the said justice of the peace. The said wishing to take an Appeal to the Circuit Court in and for said (But said Justice of the Peace Refussing said a transcript of said Judgment, <​refussing to approve and file his Bond for an appeal​> he said caused a on said Judgment to be issued from the Circuit Court for said — in the manner and form as is by the statute in such cases made and provided— the said afterwards to wit on the sixteenth day of May AD 1843 did as in and by the statute in such cases made and provided file in the office of the of the Circuit Court in and for said — a certain Bond in said Cause Executted by said Jonah R Ball and sealed with the seals of the said Jonah R Ball. and bearing date the day and year last aforesaid which said Bond was taken and entered into by the said defendants before the. of said Circuit Court and said duly approved said Bond on the day and [p. [1]] year last aforesaid— as is in and by the Statute in such cases made and provided— By which said Bond the said defendants then and there acknowledged themselves held and firmly bound into the Plaintiff in the sum of Two hundred and Twenty Two dollars as to be paid to the said as by the said Bond ready to be shown in Court here will more fully appear with a condition thereunder written as by the said Bond and Condition reference being thereunto had appears— that if the said shall prosecute his said writ with Effect and shall pay and satisfy whatever Judgments which should be rendered by the Circuit Court <​and all costs thereon​>; of the said County of upon the dismissal or trial of said Cause so to the said Circuit Court by the said on the 16th day of May AD 1843— taken from a Judgment rendered by Joseph Smith <​Mayr of the City of &​> a justice of the peace within and for said <​​> on the 10th day of March 1843— wherein the now was then plaintiff and the said was defendant for the sum of Ninety nine dollars debt and eleven dollars and fifty nine cents costs of suit— injur[y] of the said and against the said then this obligation to be void otherwise remain in full force and virtue which said Bond was afterwards to wit on the 16 day May 1843— by the said filed in the office of the of said Circuit Court and writ of Certiorari and appeal to the said Circuit Court from the Judgment of the said Justice of the peace was then & there granted by said to the said the defendant in said suit and the avers that <​at​> the May Term of said Circuit Court he came on the third Monday of May 1842 1844— such proceedings were had that by the consideration and Judgment of <​said​> Court the Plaintiff recovered a judgment against the said in said suit for the sum of seventy five dollars debt together with his costs in and about said Suit Expended as by the record and previously remaning in said s office more fully [illegible] [appear?] [p. [2]] which said costs by said so Expended in and about said suit as taxed by the of said Court said avers avers amounts to a large sum to wit the sum of $55 ◊◊◊◊ And afterwards to wit on the 20th day of July 1844 a was duly issued out of said office of said Court directed to the of said commanding him to make the said sums of money of the Lands Tenements goods and chattles of said defendant which said Execution afterwards and before the commencement of this suit Returned unto said s office by said Sheriff endorsed “No property found” And the said Judgment and Execution so remains unpaid and unsatisfied <​wholly [illegible] said avers—​> and said Judgment has never been reversed annulled or set aside— But remains in full force and Effect— nor has the said to said the said Judgment so recovered by Said against him the said or others or any part thereof (although (often requested so [2 words illegible] [to do?] whereby an action hath assured to to have & demand of and from said defendants the sum of Two hundrd & Twenty Two dollars in said Bond mentioned this debt aforesaid— Yet although said debt has long since been due and payable the said defendants though often thereto requested have not no[r] hath either of them paid the same or any part thereof— to the But hitherto have neglected & refused so to do & still neglect & refuse to the damage of the said of the sum of four four hundred dollars & therefore he brings suit &c
Yours
Atty [p. [3]]
vs
Jonah R Ball
Declaration
 
Filed Sept. 21st. 1844
clk [p. [4]]

Footnotes

  1. new scribe logo

    Docket in handwriting of George Bachman.  

  2. new scribe logo

    Notation in handwriting of David E. Head.