Transcript of Proceedings, circa 5 June 1837 [Martindale v. JS et al.]

  • Source Note
  • Historical Introduction

Document Transcript

Pleas before the court of common pleas, within and for the county of and State of , on the fifth day of June in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered, that heretofore to wit, on the sixteenth day of February in the year aforesaid, by his attorney sued out of the office of the of said court a writ of Capias against Joseph Smith Jr. & others in the words and figures following, to wit: [p. 106]
“The State of Ohio)
ss. [scilicet])
Seal
To the of said . . . Greeting: We command you, that you take Joseph Smith Jr. , & , if they be found in your , and them safely keep, so that you have their bodies before our court of Common Pleas of the aforesaid, at the court house in said , on the twenty first day of March next, to answer unto in a plea of ; damages seven thousand five hundred dollars: and have you then there this writ. Witness, President Judge of our said court of Common pleas for said , this sixteenth day of February A.D. 1837.
Clerk.”
Upon which writ was the following endorsment, to wit:
“Suit brought on a note made by def[endan]ts. October 11. 1836 payable to or order on the 1st. of Jany. 1837 for $5000. Also for money lent & advanced; also for money had & recd. to use of Amt. now claimed to be due $5037. Feby. 13. 1837. Hold to bail in the sum of $10000—”
Afterwards to wit, at the March 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.} In obedience to the command of this writ I on the 22d. day of February A.D. 1837 arrested the within named defts. and took their bail bond with , , and as surety conditioned that the above bound defts. shall appear before the next court of Common pleas, and enter in the action, a copy of the bail bond is hereunto returned
2d. Sheriff”
And the said defendants appeared and entered in the words and figures following, to wit:
)
vs.)
Joseph Smith Jr. )
& )
The State of Ohio)
ss. [scilicet])
Be it remembered that on the twenty first day of March in the year of our Lord one thousand eight hundred and thirty seven, & of the county of personally appeared before me Clerk of the court of common pleas for said county of , and severally acknowledged themselves to owe unto the sum of ten thousand 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. , & , shall be condemned in this action at the suit of the plaintiff, the sd. defendants shall pay the costs and condemnation of the court, or be rendered or render themselves into the custody of the sheriff of said for the same; or in case of failure that the said & will pay the costs and condemnation for them.
L.S. L.S.
Taken and acknowledged the day and year above written, before me in open court.
Clerk.”
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 twenty fourth day of April in the year aforesaid, the by his said filed with the aforesaid, his declaration in the words and figures following, to wit:
“The State of Ohio)
ss. [scilicet])
Court of Common Pleas, after March Term A.D. 1837.
by his attorney, complains of Joseph Smith Junior, , & , in a plea of , for that whereas on the eleventh day of October A.D. 1836 at [p. 107]
in said the said defendants (the said using the name & style of ) made their promissory note in writing and delivered the same to the said , and thereby then & there jointly and severally promised for value received to pay the said or order five thousand dollars on the first day of January next after the date thereof, which period has now elapsed; and the said defendants then and there in consideration of the premises jointly and severally promised the said to pay him the amount of the said note according to its tenor and effect; And also for that whereas afterwar[d]s, to wit, on the twentieth day of February A.D. 1837. at aforesaid, in the aforesaid, the said defendants were jointly and severally indebted to the said in the sum of six thousand dollars for so much money by the said defendants before that time lent and advanced to, and paid, laid out and expended for the said defendants and at their special instance and request; and also in the further sum of six thousand dollars for so much money by the said defendants before that time had and received to and for the use of the said : and being so indebted they the said defendants in consideration thereof afterwards to wit, on the day and year last aforesaid, at aforesaid, in the aforesaid, jointly and severally undertook and then and there faithfully promised the said to pay him the said sums of money in this court mentioned on request: Yet they have disregarded their promises & have not paid nor hath any or either of them paid the said several sums of money, or any or either of them or any part thereof; to the damage of the said of seven thousand five hundred dollars, & therefore he brings his suit, &c.
s. Att[orne]y.”
And now at this term of said court that is to say, at the term thereof first aforesaid, come the said parties and by their mutual agreement this cause is settled and discontinued at the costs of the defendants. It is therefore considered by the court, that the recover against the defendants his costs and charges by him in and about the prosecuting of this suit, in that behalf expended, taxed at five dollars and fifty cents: and it is ordered by the court, that the defendants pay the costs and charges by them made in and about the defending of this suit, taxed at ninety one cents, and in default thereof, that issue to collect the same.
Prest. [p. 108]

Footnotes

  1. 1

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

  2. 2

    TEXT: Instances of “L.S.” (locus sigilli, Latin for “location of the seal”) are enclosed in hand-drawn representations of seals.  

  3. new scribe logo

    Signature presumably of Van R. Humphrey.