Transcript of Proceedings, circa 5 June 1837 [Holmes v. Dayton et al.]

  • Source Note
  • Historical Introduction
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Pleas before the court of common pleas, within and for the county of and State of Ohio, on the fifth day of June in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered, that heretofore, to wit, at the March term of said court in the year aforesaid, <​Ezra Holmes​> by the his Attorney, sued out of the office of the clerk of said court, a writ of summons against & others, in the words & figures following, to wit:
“The State of Ohio,)
ss. [scilicet])
To the Sheriff of said County . . . Greeting:
Seal We command you, that you Summon , Freeman [Truman] G. Slitor & Joseph Smith Junior, to appear forthwith before our court of common pleas for said county, now sitting at the Court House in , to answer unto Ezra Holmes in a plea of assumpsit, to his damage five hundred dollars, as is said. Herein fail not, but of this writ and your services make due return. Witness, , President of said Court, at , this twenty eighth day of March A.D. 1837.
Clerk.”
Upon which writ was the following endorsment, to wit, “Suit brought on note of hand given by defendants to plaintiff, for the sum of two hundred and eight dollars and thirty cents, Dated Nov. 15th. 1836, and due the first day of January following; also for goods sold & money lent. Damages $500.— March 28th. 1837.”
The foregoing writ was forthwith returned into court by the of our said endorsed as follows, to wit, “The State of Ohio, ss. [scilicet]} In obedience to the command of the within, I have executed the same by leaving a true copy of this writ with ’s wife on the 28th. inst. handed Freeman G. Slitor & Joseph Smith Jnr. each a true copy on the 28th. 1837. Shffs Office March 29th. 1837. Shff. E[ber] Benjamin Dep[u]ty.”
And thereupon it was ordered by the Court, that this cause be continued until the next term of the said Court.
Afterwards, to wit, on the twenty fifth day of April in the year aforesaid, the plaintiff by his said , filed his declaration withe the Clerk aforesaid, in the words and figures following to wit:
“The State of Ohio)
ss. [scilicet])
Court of Common Pleas, March term A.D. 1837— Declaration in assumpsit.
Ezra Holmes)
vs.)
)
Truman Slitor &)
Joseph Smith Jr.)
Ezra Holmes complains of Truman Slitor & Joseph Smith Junior in a plea of Assumpsit For that whereas the said defendants on the fifteenth day of November A.D. 1836 at in said County of Geauga, made their promissory note in [p. 86]
Pleas before the court of common pleas, within and for the county of and State of Ohio, on the fifth day of June in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered, that heretofore, to wit, at the March term of said court in the year aforesaid, Ezra Holmes by his Attorney, sued out of the office of the clerk of said court, a writ of summons against & others, in the words & figures following, to wit:
“The State of Ohio,)
ss. scilicet)
To the Sheriff of said County . . . Greeting:
Seal We command you, that you Summon , Freeman Truman G. Slitor & Joseph Smith Junior, to appear forthwith before our court of common pleas for said county, now sitting at the Court House in , to answer unto Ezra Holmes in a plea of assumpsit, to his damage five hundred dollars, as is said. Herein fail not, but of this writ and your services make due return. Witness, , President of said Court, at , this twenty eighth day of March A.D. 1837.
Clerk.”
Upon which writ was the following endorsment, to wit, “Suit brought on note of hand given by defendants to plaintiff, for the sum of two hundred and eight dollars and thirty cents, Dated Nov. 15th. 1836, and due the first day of January following; also for goods sold & money lent. Damages $500.— March 28th. 1837.”
The foregoing writ was forthwith returned into court by the of our said endorsed as follows, to wit, “The State of Ohio, ss. [scilicet]} In obedience to the command of the within, I have executed the same by leaving a true copy of this writ with ’s wife on the 28th. inst. handed Freeman G. Slitor & Joseph Smith Jnr. each a true copy on the 28th. 1837. Shffs Office March 29th. 1837. Shff. Eber Benjamin Deputy.”
And thereupon it was ordered by the Court, that this cause be continued until the next term of the said Court.
Afterwards, to wit, on the twenty fifth day of April in the year aforesaid, the plaintiff by his said , filed his declaration withe the Clerk aforesaid, in the words and figures following to wit:
“The State of Ohio)
ss. scilicet)
Court of Common Pleas, March term A.D. 1837— Declaration in assumpsit.
Ezra Holmes)
vs.)
)
Truman Slitor &)
Joseph Smith Jr.)
Ezra Holmes complains of Truman Slitor & Joseph Smith Junior in a plea of Assumpsit For that whereas the said defendants on the fifteenth day of November A.D. 1836 at in said County of Geauga, made their promissory note in [p. 86]
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