Transcript of Proceedings, circa 12 November 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith]

  • Source Note
  • Historical Introduction

Document Transcript

Pleas before the Court of Common Pleas within and for the County of in the State of at a term of said Court begun and held at on the twelfth day of November in the year of our Lord one thousand eight hundred and thirty nine.
Be it remembered that heretofore to wit on the seventeenth day of May in the year aforesaid and others for the use of Lyman Cowdery sued out of the office of the of said Court a writ of attachment against in the words and figures following to wit:—
“The State of Ohio)
ss: [scilicet])
To the of our said . . . Greeting:— We command you to attach the lands tenements goods chattels rights credits monies and effects of wheresoever they may be found and the same to keep or so to provide that the same or the value thereof may be forth coming to answer the judgment of our Court of Common Pleas within and for the said County of in a certain action of assumpsit therein prosecuted by , Joseph Smith Junior, & partners trading under the firm of and for the use of Lyman Cowdery against the said for two thousand dollars damages; and in what manner you shall execute this writ make appear to [p. 146]
our said Court at their term to be held at on the twenty fourth day of June next and have you then there this writ. Witness Clerk of our said Court at this seventeenth day of May A.D. 1839. Attest— C[harles] H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brot. on Book account &c. Also for goods sold &c. Also for money lent &c. Also for money paid &c. Also for money found due plaintiff from defendant on an account stated &c.”
Afterwards to wit at the June term of said Court in the year aforesaid the foregoing writ was returned into Court by the of our said endorsed as follows to wit:—
“The State of Ohio ss: I have made due and diligent search for goods chattels lands & tenements belonging to and find none in my bailiwick that I fee safe in attaching. 2d. Shff.”
Whereupon it was ordered by the Court that this cause be continued until the next term of said Court. And now at this term of said Court that is to say at the term thereof first aforesaid come the said plaintiffs and discontinue their suit. It is therefore considered by the Court that the recover against the plaintiffs his costs and charges by him in and about the defending of this suit in that behalf expended taxed at ninety seven cents; And it is ordered by the Court that the plaintiffs pay the costs and charges by them made in and about the prosecuting of this suit taxed at three dollars and thirty nine cents, and in default thereof that execution issue to collect the same. [p. 147]


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    TEXT: “Seal” enclosed in a hand-drawn representation of a seal.