Capias ad Respondendum, 6 June 1837 [Eaton v. JS and O. Cowdery]

  • Source Note
  • Historical Introduction
Page 277
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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 bailiwick 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 Winthrop Eaton 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.
[. . .]
Suit brought upon a promissory note dated October 11th 1836 payable six months after date given by defendants to plaintiff: Also for money lent and on an account stated; Amt. ap.pearing due $1150.00.
[. . .]
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. [p. 277]
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 bailiwick 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 Winthrop Eaton 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.
[. . .]
Suit brought upon a promissory note dated October 11th 1836 payable six months after date given by defendants to plaintiff: Also for money lent and on an account stated; Amt. ap.pearing due $1150.00.
[. . .]
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. Sheriff.
Eber Benjamin Depty. [p. 277]
Page 277