Transcript of Proceedings, circa 24 October 1837 [Seymour & Griffith v. Rigdon and JS]

  • Source Note
  • Historical Introduction
Page 383
image
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, on the twenty seventh day of July in the year above written Seymour & Griffith sued out of the office of the of said Court a writ of Capias against Joseph Smith Jr. & in the words and figures following to wit:—
“The State of Ohio)
ss. [scilicet])
seal
To the Sheriff of our said Court . . . Greeting:— We command you that you take the bodies of Joseph Smith Jr. & if they be found in your bailiwick, and them safely keep so that you have them their bodies before our Court of Common Pleas to be held at the Court House in the town of the 24th day of Oct. next to answer John S. Seymour & Thomas Griffith in a plea of the case to their damage five hundred dollars as is said. Herein fail not but of this writ and your service make due return. Witness the Honourable Van R Humphrey President of our said Court at the 27th. day of July Anno Domini one thousand eight hundred and thirty seven.
Clerk.”
Upon which writ was the following endorsment to wit:—
“This suit is brought upon sundry negotiable promissory notes dated Feb.y 10th. 1837, two for twenty, one for seven, and one for one hundred, the latter dated March 9th. 1837. Sum appearing due $150.”
Afterwards, and now at this term of said Court, that is to say at the term thereof first aforesaid, the foregoing writ is returned into Court by the Sheriff of our said endorsed as follows to wit:—
“The State of Ohio, ss} In obedience to the command of this writ, I on the 27th day of July 1837 arrested the within defts and kept them in custody until discharged by order of the plaintiffs. Abel Kimball 2d. Shff.”
And thereupon the plaintiffs discontinue their suit. It is therefore considered by the Court that the defendants recover against the plaintiffs their costs and charges by them in and about the defending of this suit in that behalf expended taxed at one dollar and eleven 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 forty one cents, and in default thereof, that execution issue to collect the same.
Van R. Humphrey Prest [p. 383]
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, on the twenty seventh day of July in the year above written Seymour & Griffith sued out of the office of the of said Court a writ of Capias against Joseph Smith Jr. & in the words and figures following to wit:—
“The State of Ohio)
ss. scilicet)
seal
To the Sheriff of our said . . . Greeting:— We command you that you take the bodies of Joseph Smith Jr. & if they be found in your bailiwick, and them safely keep so that you have their bodies before our Court of Common Pleas to be held at the Court House in the town of the 24th day of Oct. next to answer John S. Seymour & Thomas Griffith in a plea of the case to their damage five hundred dollars as is said. Herein fail not but of this writ and your service make due return. Witness the Honourable Van R Humphrey President of our said Court at the 27th. day of July Anno Domini one thousand eight hundred and thirty seven.
Clerk.”
Upon which writ was the following endorsment to wit:—
“This suit is brought upon sundry negotiable promissory notes dated Feb.y 10th. 1837, two for twenty, one for seven, and one for one hundred, the latter dated March 9th. 1837. Sum appearing due $150.”
Afterwards, and now at this term of said Court, that is to say at the term thereof first aforesaid, the foregoing writ is returned into Court by the Sheriff of our said endorsed as follows to wit:—
“The State of Ohio, ss} In obedience to the command of this writ, I on the 27th day of July 1837 arrested the within defts and kept them in custody until discharged by order of the plaintiffs. Abel Kimball 2d. Shff.”
And thereupon the plaintiffs discontinue their suit. It is therefore considered by the Court that the defendants recover against the plaintiffs their costs and charges by them in and about the defending of this suit in that behalf expended taxed at one dollar and eleven 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 forty one cents, and in default thereof, that execution issue to collect the same.
Van R. Humphrey Prest [p. 383]
Page 383