Transcript of Proceedings, circa 16 April 1839 [Halsted, Haines & Co. v. Granger et al.]

  • Source Note
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summons against and others 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 summon , , , , Joseph Smith Jr. , , , , , , , , , , , Jonathan Hampton, , , , , , , Nathan Cheney, , Samuel Newcomb , , William Foster, , Edson Barney, and , if they be found in your bailiwick, to appear before our Court of Common Pleas for said to be holden held at on the sixth day of November next to answer unto William M. Halsted , Matthias O. Halsted, Richard T. Thorne & , firm of Halsted Haines & Co. in a plea of assumpsit to their damage three thousand dollars as is said. Herein fail not but of this writ and your service make due return. Witness Clerk of said Court at this fifteenth day of October A.D. 1838
C[harles] H. Foot Dep Clerk”
Upon which writ was the following endorsment, to wit:—
“Suit brought on note of hand given by defts to plffs for $2251.77 dolls. dated Sept 1st. 1837— Also for goods sold and delivered &c amount due $2266.40 Oct. 15. 1838”—
The foregoing writ was forthwith <​afterwards​> at <​the November Term of said Court in the year last aforesaid​> returned into Court by the of our said endorsed as follows, to wit:—
“The State of Ohio , ss. I have executed the command of this writ by handing , William Foster, and true and attested copy of this writ the other defendants named in this writ not found in my bailiwick October 30 A.D. 1838— Depty Shff”
Whereupon it was ordered by the Court that this cause be continued until the next Term of said Court— Afterwards to wit, on the Seventeenth day of December in the year of last aforesaid the said plaintiffs file<​d​> in the s office aforesaid their declaration in the words and figures following, to wit:—
The State of Ohio)
ss)
Court of Common Pleas Term of November A.D. 1838— William M. Halsted, , Matthias O. Halsted Richard J Thorne & , traders in company under the partnership name of Halsted Haines & Co. complain of , William Foster, & (the of said having returned not found as to , , Joseph Smith Jr. , , , , , , , , , Jonathan Hampton, , , , , , Nathan Cheney, , Samuel Newcomb, , , , Edson Barney, & against whom process in this suit was also issued) in a plea of trespass on the case, and thereupon the said plaintiffs by Perkins & Osborn their attorneys complain For this, to wit, that whereas the said defendants heretofore, to wit, on the first day of September in the year of our Lord one thousand eight hundred and thirty seven at in the County of and within the jurisdiction of this court, made their certain note or memorandum in writing, commonly called a promissory note bearing date on the same day and year aforesaid their own proper hands and names being thereunto subscribed, and then and there delivered the same note to the said plaintiffs and thereby then and there promised the plaintiffs to pay to their order at the [p. 385]
summons against and others 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 summon , , , , Joseph Smith Jr. , , , , , , , , , , , Jonathan Hampton, , , , , , , Nathan Cheney, , Samuel Newcomb , , William Foster, , Edson Barney, and , if they be found in your bailiwick, to appear before our Court of Common Pleas for said to be held at on the sixth day of November next to answer unto William M. Halsted , Matthias O. Halsted, Richard T. Thorne & , firm of Halsted Haines & Co. in a plea of assumpsit to their damage three thousand dollars as is said. Herein fail not but of this writ and your service make due return. Witness Clerk of said Court at this fifteenth day of October A.D. 1838
Charles H. Foot Dep Clerk”
Upon which writ was the following endorsment, to wit:—
“Suit brought on note of hand given by defts to plffs for $2251.77 dolls. dated Sept 1st. 1837— Also for goods sold and delivered &c amount due $2266.40 Oct. 15. 1838”—
The foregoing writ was afterwards at the November Term of said Court in the year last aforesaid returned into Court by the of our said endorsed as follows, to wit:—
“The State of Ohio , ss. I have executed the command of this writ by handing , William Foster, and true and attested copy of this writ the other defendants named in this writ not found in my bailiwick October 30 A.D. 1838— Depty Shff”
Whereupon it was ordered by the Court that this cause be continued until the next Term of said Court— Afterwards to wit, on the Seventeenth day of December in the year last aforesaid the said plaintiffs filed in the s office aforesaid their declaration in the words and figures following, to wit:—
The State of Ohio)
ss)
Court of Common Pleas Term of November A.D. 1838— William M. Halsted, , Matthias O. Halsted Richard J Thorne & , traders in company under the partnership name of Halsted Haines & Co. complain of , William Foster, & (the of said having returned not found as to , , Joseph Smith Jr. , , , , , , , , , Jonathan Hampton, , , , , , Nathan Cheney, , Samuel Newcomb, , , , Edson Barney, & against whom process in this suit was also issued) in a plea of trespass on the case, and thereupon the said plaintiffs by Perkins & Osborn their attorneys complain For this, to wit, that whereas the said defendants heretofore, to wit, on the first day of September in the year of our Lord one thousand eight hundred and thirty seven at in the County of and within the jurisdiction of this court, made their certain note or memorandum in writing, commonly called a promissory note bearing date on the same day and year aforesaid their own proper hands and names being thereunto subscribed, and then and there delivered the same note to the said plaintiffs and thereby then and there promised the plaintiffs to pay to their order at the [p. 385]
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