Transcript of Proceedings, circa 27 October 1837 [Eaton v. JS and O. Cowdery]

  • Source Note
  • Historical Introduction

Document Transcript

Pleas before the Court of Common Pleas within and for the County of in the State of on the twenty fourth day of October in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered, that heretofore to wit, at the June term of said court in the year above written by Andrews & Foot his attornies sued out of the office of the of said court a against Joseph Smith Jr. & in the words and figures following to wit:—
“The State of Ohio)
ss. [scilicet])
seal
To the of said . . . Greeting:— We command you that you take Joseph Smith Jr. and if they be found in your and them safely keep so that you have them forthwith before our court of common pleas for said now sitting at the court house in to answer unto in a plea of damages two thousand dollars, and have you then there this writ.
Witness the Honourable President Judge of said court at this sixth day of June AD 1836.
Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brought upon a promissory note dated October 11th 1836 payable six months after date given by defendants to : Also for money lent and on an account stated; Amt. ap.pearing due $1150.00.”
The foregoing writ was forthwith returned into court by the of our said endorsed as follows to wit:
“The State of Ohio, ss.} In obedience to the command of this writ I have executed the same by bringing the body of Joseph Smith Jr. forward and he is now in court this 9th day of June 1837— was not to be found in my bailiwick.
2d. Sh[eri]ff.
E[ber] Benjamin Depty.”
Whereupon was entered into in the words and figures following to wit:
)
vs)
Joseph Smith Jr. &)
)
The State of Ohio)
, to wit:)
Be it remembered that on this tenth day of June AD 1837 and of the county of personally appeared before me Clerk of the Court of common pleas of the said county of , and severally acknowledged themselves to owe unto the sum of two thousand and three hundred 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. and shall be condemned in this action at the suit of the plaintiff they shall pay the costs and condemnation of the court or be rendered or render themselves into the custody of the of said for the same; or in case of failure that the said and will pay the costs and condemnation for them. Taken and acknowledged the day and year above written before me
Cl[er]k.”
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 seventh day of July in the year aforesaid, the by his said attornies filed in the s office aforesaid his declaration in the words and figures following:—
“The State of Ohio)
ss. [scilicet])
In the Court of Common Pleas June Term AD 1837. complains of Joseph Smith Junr. and against whom process issued which was not served as to the said who at the time of making the premises herein after mentioned were partners and traders in company by the name and firm of Smith and Cowdery) in a plea [p. 277]
of , for that whereas the said defendants on the eleventh day of October A.D. 1836 at to wit at in said made their promissory note in writing and delivered the same to the said and thereby promised to pay the said or order eleven hundred forty three dollars and one cent for value received at the Bank at Ohio six months after date which period has now elapsed and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said according to the tenor and effect thereof: And whereas also the said defendants heretofore to wit, on the first day of May AD 1837 at in said were indebted to the said in the sum of twelve hundred dollars for so much money before that time lent and advanced by the to the defendants at their special instance and request, and being so indebted they the said defendants in consideration thereof afterwards to wit, on the day and year last aforesaid at aforesaid undertook and then and there promised to pay the the said sum of money in this court mentioned when they the said defendants should be thereunto afterwards requested: Yet the said defendants have disregarded their said promises and have not nor hath either of them paid said sums of money or any part thereof although often requested to do so, to the s damage two thousand dollars, and therefore he brings suit &c.
By Andrews & Foot his Att[orne]ys.
And now at this term of said court that is to say at the term thereof first aforesaid comes the said by his attorney, and the defendants being three times demanded to come into court and defend this suit comes not but makes default— It is therefore considered by the court that the recover against the defendant Joseph Smith Jr. his damages by the court here assessed to one thousand one hundred eighty five dollars and sixty six cents, and also his costs and charges by him in and about the prosecuting of this suit in that behalf expended taxed at nine dollars and eight cents; And it is ordered by the court that the defendant pay the costs and charges by him made in and about the defending of this suit, taxed at seventy seven cents, and in default thereof, that issue to collect the same.
Prest. [p. 278]

Footnotes

  1. 1

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

  2. new scribe logo

    Signature presumably of Van R. Humphrey.