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

  • Source Note
  • Historical Introduction
Page 277
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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 Winthrop Eaton 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 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.”
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 plaintiff: 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:
“Winthrop Eaton)
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 Winthrop Eaton 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 Winthrop Eaton 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 plaintiff 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. Winthrop Eaton 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]
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 Winthrop Eaton 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 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.”
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 plaintiff: 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. Sheriff.
Eber Benjamin Depty.”
Whereupon was entered into in the words and figures following to wit:
“Winthrop Eaton)
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 Winthrop Eaton 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 Winthrop Eaton 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
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 seventh day of July in the year aforesaid, the plaintiff 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. Winthrop Eaton 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]
Page 277