Transcript of Proceedings, circa 3 April 1838 [Wright v. Rigdon et al.]

  • Source Note
  • Historical Introduction

Document Transcript

Pleas before the Court of Common Pleas within and for the County of in the State of Ohio at a Term of said Court begun and held at 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 on the eleventh day of October in the year of our Lord one thousand eight hundred and thirty seven, Justus Wright sued out of the office of the Clerk of said Court a writ of Capias ad respondendum against and others in the words and figures following to wit:—
“The State of Ohio)
ss.)
Seal To the Sheriff of said . . . Greeting:— We command you that you take , Joseph Smith Jr. & if they be found in your bailiwick and them safely keep so that you have them before our Court of Common Pleas for said at the Court House in on the twenty fourth day of October instant to answer unto Justus Wright in a plea of assumpsit damages fifteen hundred dollars and have you then there this writ. Witness Clerk of said Court at this eleventh day of October AD 1837. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. on two notes given by defendants to plaintiff for the sum of five hundred dollars each, dated Oct. 3. AD 1836. Also for goods sold and delivered money had & received &c.”
Afterwards to wit, at the October Term of said Court in the year last aforesaid the foregoing writ was 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 the annexed writ of Capias I on the 19th day of October AD 1837 arrested the said & and took their bond with sureties in the penal sum of two thousand dollars conditioned that they appear before the Court of Common Pleas next to be held in in said on the first day of the Term thereof and then and there enter special bail in the action. A copy of which Bond is herewith returned. The other defendants are not found in my bailiwick. Oct. 21. 1837. 2d. Sheriff J. A. Tracy Deputy.”
Whereupon the following Recognizance of Special Bail was entered into to wit:—
“Justus Wright) Assumpsit—
vs)
)
& )
The State of Ohio)
to wit:)
Be it remembered that on this 24th day of October 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 Justus Wright the sum of three thousand dollars each to be levied upon their several goods and chattels, lands tenements and real estates upon condition that if the defendants and shall be condemned in this action at the suit of Justus Wright the plaintiff they shall pay the costs and condemnation of the Court or be rendered or render themselves into the custody of the Sheriff of said County 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.”
Whereupon it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit on the fourth day of December in the year last aforesaid the said plaintiff filed in the Clerks office aforesaid his declaration in the words and figures following to wit:—
“The State of Ohio)
ss.)
In Common Pleas vac. after October Term AD 1837. and (the Sheriff of said having returned not found as to , Joseph Smith Jr. & a [p. 101]
gainst whom process in this cause was also issued) were attached to answer unto Justus Wright in a plea of assumpsit, and thereupon the said plaintiff complains for that whereas the said Joseph Smith Jr. & under the name style & signature of Smith & the said under the signature of and the said on the third day of October AD eighteen hundred and thirty six at in said County, then & there made their promissory note in writing and delivered the same to the said plaintiff and thereby then and there jointly and severally promised to pay the said plaintiff or order at the Commercial Bank of Lake Erie at five hundred dollars on the first day of May then next ensuing (to wit, on the first day of May AD 1837) for value received, which said period of time has now elapsed and the said , , Joseph Smith Jr. & under the said name and style of , Smith & and the said under the said signature of then & there in consideration of the premises promised to pay the amount of said note to the said plaintiff according to the tenor and effect thereof. And also for that whereas the said , , and the said Joseph Smith Jr. & , heretofore to wit, on the said third day of October AD eighteen hundred and thirty six at in the County first aforesaid the said under the signature of and the said , Joseph Smith Jr. & under the title name style & signature of , Smith & made their other promissory note in writing and delivered the same to the said plaintiff and thereby then & there jointly and severally promised to pay to the said plaintiff or order five hundred dollars at the Commercial Bank of Lake Erie on the first day of October then next ensueing with use after the first day of May then next ensuing (to wit after the first day of May AD 1837) for value received, which period of time in said note mentioned for the payment of the same has now elapsed, And the said , under the signature of , & the said , Joseph Smith Jr. & under the said last mentioned name, style & signature of , Smith & then & there in consideration of the premises promised to pay the amount of said last mentioned note to the said plaintiff according to the tenor and effect thereof. And also for that whereas the said , , , Joseph Smith Jr. & under the name style & signatures last aforesaid heretofore to wit, on the first day of October AD eighteen hundred and thirty seven at in the County last aforesaid were indebted to the said plaintiff in the further sum of twelve hundred dollars for the price and value of goods before that time bargained, sold & delivered by the plaintiff to the said , , , Joseph Smith Jr. & at their request: And in twelve hundred dollars for the price and value of work & labour before that time done by the plaintiff and materials for the same provided by the plaintiff for the said , , , Joseph Smith Jr. & at their request: And in twelve hundred dollars for money before that time paid by the plaintiff for the use of the said , , , Joseph Smith Jr. and at their request: And in twelve hundred dollars for money before that time received by the said , , , Joseph Smith Jr. & for the use of the said plaintiff: And in twelve hundred dollars for money found to be due from the said , , Joseph Smith Jr. and to the said plaintiff on an account before that time stated between them. And whereas also the said , , , Joseph Smith Jr. & afterwards on the day & year last aforesaid in consideration of the premises then and there promised to pay the said several sums of money above mentioned to the said plaintiff on request: Yet they have disregarded their said prom [p. 102]
ises and have not paid the said several sums of money nor either of them nor any part thereof, to the damage of the said plaintiff fifteen hundred dollars, and therefore he brings suit &c.
& [Salmon] Axtell Attys for Plff.”
And now at this Term of said Court that is to say at the Term thereof first aforesaid comes the said plaintiff, and the defendants being three times demanded to come into Court and defend this suit, come not but make default. It is therefore considered by the Court that the plaintiff recover against the said defendants & his damages by the Court here assessed to the sum of one thousand & fifty five dollars and thirty one cents, and also his costs and charges by him in and about the prosecuting of this suit in that behalf expended taxed at eleven dollars and fifty one cents; And it is ordered by the Court that the said defendants pay the costs and charges by them made in and about the defending of this suit taxed at one dollar and eighty nine cents, and default thereof that execution issue to collect the same.
Prst [p. 103]

Footnotes

  1. 1

    TEXT: “Seal” enclosed in a hand-drawn representation of a seal.  

  2. 2

    TEXT: A change in ink indicates the following text was written at a later time than the previous.  

  3. new scribe logo

    Possible signature of Van R. Humphrey.