Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. Rigdon]

  • Source Note
  • Historical Introduction
Page 518
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Pleas before the Court of Common Pleas within and for the County of in the State of on the third day of April in the year of our Lord One thousand eight hundred and thirty eight.
Be it remembered that heretofore to wit at the October term of said court in the year of our Lord one thousand eight hundred and thirty seven Ray Boyington [Boynton] and Harry Hyde sued out of the office of <​the​> of said Court a writ <​of​> summons against 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 “We command you that you Summon to appear forthwith, before our Court of common Pleas for said , now sitting at the Court House in to answer Ray Boyington [Boynton] and Harry Hyde in a plea of Assumpsit to their damage twelve hundred dollars. as is said Herein, fail not, but of this writ and your services make due return Witness Clerk of said Court at this 26th day of October — A. D. 1837
C[harles] H. Foot Dep. Clerk”
Upon which writ was the following endorsment to wit.
[“]Suit brot on a joint and several note of hand given by , Joseph Smith Junior, , , and to as order for $825 payable at the Commercial Bank of Lake Erie at with interest five months from date and by the said endorsed to the pl[ainti]ffs— also for goods Sold and delivered, money had and received &c. Amount appearing due $851.75 damages $1200— Oct 26th 1837”
The foregoing writ was forthwith returned to Const endorsed as following follows to wit
“The State of Ohio ss I have exicuted the command of this writ by leaving a true Copy of the same with the Wife of he being absent Dep. Shff. [Deputy Sheriff]”
And thereupon it was ordered by the Court that this cause be continued untill the next term of said Court afterwards to wit on the twenty fifth day of November in the year last afore-said the said plantiffs filed in the s Office afore said their decleration in the words and figures following to wit
“State of Ohio) ss. [scilicet])
)
Ray Boyington [Boynton] &)
Harry Hyde) Action of Assumpsit)
vs.)
)
Court of Common Pleas Vacation after October Term A. D. 1837
The said Ray Boyington [Boynton] & Harry Hyde Plaintiffs in this suit by George W Lynde their Attourney Complain of Defendant in this suit in a plea of assumpsit.— For that Whereas heretofore the said and Joseph Smith Junior, , and on the thirteenth day of April A. D. 1837 at in said County of and aforesaid made their Certain promissory note in writing and delivered the same to one and thereby the said and Joseph Smith Junior, , , and promised to pay the said in the following manner, five months after date We or either of us promise to pay or order Eight hundred & twenty five dollars at the Commercial Bank of Lake Erie at with interest from date Value received (meaning for Value received) which period has now elapsed, and the said than and there endorsed the said note and delivered the same to the said Planitiffs Whereof the said than then and there had notice, and than then and there in Consideration of the premises, promised to pay the amount of the said note and the interest on the same to the said Plaintiffs according to the tenor and effect thereof Yet the said (although often requested so to do) has not paid the Said sum of money to the said Plaintiffs neither have the said Joseph Smith Junior [p. 518]
Pleas before the Court of Common Pleas within and for the County of in the State of on the third day of April in the year of our Lord One thousand eight hundred and thirty eight.
Be it remembered that heretofore to wit at the October term of said court in the year of our Lord one thousand eight hundred and thirty seven Ray Boyington [Boynton] and Harry Hyde sued out of the office of the of said Court a writ of summons against 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 to appear forthwith, before our Court of common Pleas for said , now sitting at the Court House in to answer Ray Boyington [Boynton] and Harry Hyde in a plea of Assumpsit to their damage twelve hundred dollars. as is said Herein, fail not, but of this writ and your services make due return Witness Clerk of said Court at this 26th day of October — A. D. 1837
Charles H. Foot Dep. Clerk”
Upon which writ was the following endorsment to wit.
[“]Suit brot on a joint and several note of hand given by , Joseph Smith Junior, , , and to as order for $825 payable at the Commercial Bank of Lake Erie at with interest five months from date and by the said endorsed to the plaintiffs— also for goods Sold and delivered, money had and received &c. Amount appearing due $851.75 damages $1200— Oct 26th 1837”
The foregoing writ was forthwith returned to Const endorsed as follows to wit
“The State of Ohio ss I have exicuted the command of this writ by leaving a true Copy of the same with the Wife of he being absent Dep. Shff. [Deputy Sheriff]”
And thereupon it was ordered by the Court that this cause be continued untill the next term of said Court afterwards to wit on the twenty fifth day of November in the year last afore-said the said plantiffs filed in the s Office afore said their decleration in the words and figures following to wit
“State of Ohio) ss. scilicet)
)
Ray Boyington Boynton &)
Harry Hyde) Action of Assumpsit)
vs.)
)
Court of Common Pleas Vacation after October Term A. D. 1837
The said Ray Boyington [Boynton] & Harry Hyde Plaintiffs in this suit by George W Lynde their Attourney Complain of Defendant in this suit in a plea of assumpsit.— For that Whereas heretofore the said and Joseph Smith Junior, , and on the thirteenth day of April A. D. 1837 at in said County of and aforesaid made their Certain promissory note in writing and delivered the same to one and thereby the said and Joseph Smith Junior, , , and promised to pay the said in the following manner, five months after date We or either of us promise to pay or order Eight hundred & twenty five dollars at the Commercial Bank of Lake Erie at with interest from date Value received (meaning for Value received) which period has now elapsed, and the said than and there endorsed the said note and delivered the same to the said Planitiffs Whereof the said then and there had notice, and then and there in Consideration of the premises, promised to pay the amount of the said note and the interest on the same to the said Plaintiffs according to the tenor and effect thereof Yet the said (although often requested so to do) has not paid the Said sum of money to the said Plaintiffs neither have the said Joseph Smith Junior [p. 518]
Page 518