Declaration, circa 6 March 1839 [JS v. McLellin]

  • Source Note
  • Historical Introduction

Document Transcript

State of
Circuit Court
to wit: April Term 1839
Joseph Smith jr. complains of being in the custody of &c of a plea of . For that whereas the said plaintiff heretofore to wit: on the first day of September in the year of our Lord eighteen hundred and thirty eight at the county of aforesaid was lawfully possessed as of his own property of certain goods and chattles to wit of a Library of books part of which were in the Hebrew and Syriac languages the balance in the English language treating of history, divinty and general Literature twenty yards of broadcloth— <​20 yards of silk​> and forty yards of calico with various other articles of <​Great​> value to wit of the value of five hundred dollars lawful money of And being so possessed thereof he the said plaintiff afterterwards to wit on the day and year first above mentioned at the aforesaid casually lost the said library of books cloth calico and other articles out of his possession and the same afterwards to wit on the day and year last aforesaid at the aforesaid came to the possession of the said by finding. Yet the said well knowing the said library of books— cloth calico and other articles to be the property of the said plaintiff and of right to belong and [p. [1]] appertain to him but contriving and fraudulently intending craftily and and subtilly to deceive and defraud the said plaintiff in this behalf hath not as yet delivered the said library of books, cloth calico or other articles or any part thereof to the said plaintiff (although often requested so to do) but so to do hath hitherto wholly refused and still refuses, And afterwards to wit on the tenth day of September in the year eighteen hundred and thirty eight at the county of aforesaid converted and disposed of the said library of books, cloth calico and other articles to his the said s own use to the damage of the said plaintiff of five hundred dollars and therefore he brings suit &c
J[ohn] A. Gordon
At[torney] Pltff [p. [2]]
[page [3] blank] [p. [3]]
8
 
22 March
 
Joseph Smith Jr.
vs
 
Damage $500
The clerk will issue process
 
Sheriff fee $1.00
3rd Day
 
1839 [p. [4]]

Footnotes

  1. 1

    The Clay County Circuit Court term was scheduled to start on 15 April 1839. (An Act to Establish a Judicial Circuit out of the Second and Fifth Judicial Circuits [31 Jan. 1839], Laws of the State of Missouri [1839], p. 34, sec. 5.)  

    Laws of the State of Missouri, Passed at the First Session of the Tenth General Assembly, Begun and Held at the City of Jefferson, on Monday, the Nineteenth Day of November, in the Year of Our Lord, One Thousand Eight Hundred and Thirty-Eight. Jefferson, MO: Calvin Gunn, 1838.

  2. 2

    Trespass on the case” is a legal writ that permits an individual to sue for damages for wrongs committed. Trover is a specific type of trespass on the case. (See “Writ of Trespass on the Case,” in Bouvier, Law Dictionary, 2:503–504.)  

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

  3. 3

    Trover signifies finding.” (“Trover,” in Bouvier, Law Dictionary, 2:454.)  

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

  4. new scribe logo

    “8” stamped in ink.  

  5. new scribe logo

    Dockets in unidentified handwriting.