Transcript of Proceedings, circa 6 June 1837 [Bank of Geauga v. JS et al.]

  • Source Note
Page 67
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Pleas before the Court of Common Pleas, within and for the County of and State of , 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, The President, Directors & Co. of the sued out of the office of the of said Court, a writ of Capias, against Joseph Smith Jr. & 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 take Joseph Smith Jr. & , and them safely keep so that you have them forthwith before the Court of Common Pleas for said , now in session at the Court House in the town of , to answer unto the President Directors & Company of the , in a plea of the case; damages four thousand dollars; and have you then there this writ.
Witness, the Hon. President Judge of said Court at this 22d day of March A.D. 1837.
Clerk.”
Upon which writ was the following endorsment, to wit:
“Suit is brought to recover the amount of a promisory note given by defts. to dated January 2d. 1837. for the sum of three thousand dollars, forty five days after date, at their in ; and also for money lent and advanced, by to Defts.— Sum now appearing due $3018 00/100.”
The foregoing writ was forthwith returned into Court by the Sheriff of our said , Endorsed as follows, to wit,
“The State of Ohio, ss.} I have executed this writ by arresting the within named defendants on the 24. day of March A.D. 1837 & have them in Court,
2d. Shff. Geo. W Purple Deputy.”
And thereupon the said defendants entered into recognizance of special bail, in the words and figures following, to wit:
“The President Directors & Co.)
of the )
vs) Case—
Joseph Smith Jr. )
& )
The State of Ohio)
ss. [scilicet])
Be it remembered, that on the twenty fifth day of [p. 67]
Pleas before the Court of Common Pleas, within and for the County of and State of , 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, The President, Directors & Co. of the sued out of the office of the of said Court, a writ of Capias, against Joseph Smith Jr. & 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 take Joseph Smith Jr. & , and them safely keep so that you have them forthwith before the Court of Common Pleas for said , now in session at the Court House in the town of , to answer unto the President Directors & Company of the , in a plea of the case; damages four thousand dollars; and have you then there this writ.
Witness, the Hon. President Judge of said Court at this 22d day of March A.D. 1837.
Clerk.”
Upon which writ was the following endorsment, to wit:
“Suit is brought to recover the amount of a promisory note given by defts. to dated January 2d. 1837. for the sum of three thousand dollars, forty five days after date, at their in ; and also for money lent and advanced, by to Defts.— Sum now appearing due $3018 00/100.”
The foregoing writ was forthwith returned into Court by the Sheriff of our said , Endorsed as follows, to wit,
“The State of Ohio, ss.} I have executed this writ by arresting the within named defendants on the 24. day of March A.D. 1837 & have them in Court,
2d. Shff. Geo. W Purple Deputy.”
And thereupon the said defendants entered into recognizance of special bail, in the words and figures following, to wit:
“The President Directors & Co.)
of the )
vs) Case—
Joseph Smith Jr. )
& )
The State of Ohio)
ss. scilicet)
Be it remembered, that on the twenty fifth day of [p. 67]
Page 67