Transcript of Proceedings, circa 4 October 1842 [Bump Administrator of the Estate of Stannard v. Young and JS]

  • Source Note
  • Historical Introduction

Document Transcript

Pleas before the Court of Common Pleas within and for the County of in the State of at a Term of said Court begun and held at on the fourth day of October in the year of our Lord one thousand eight hundred and forty to <​two​>.—
Be it remembered. that heretofore to wit at the June Term of said Court in the year aforesaid Administrator of the Estate of Claudius Stannard deceased, by Lyman Cowdery his Attorney brought into Court and filed with the thereof his for a writ of to Revive Judgment, against and Joseph Smith Jr in the words and figures following to wit:—
[“]The State of Ohio, ss. [scilicet]
Administrator of the Estate of Claudius Stannard Deceased)
vs)
& Joseph Smith)
Court of Common Pleas June Term A.D. 1842.—
In Debt in Judgment Damages $400 will issue a , returnable forthwith indorse suit brought to revive Judgment in favor of the amount claimed to be due three hundred and fifty dollars.—
Lyman Cowdery Att[orne]y for ”—
Whereupon a writ of was issued by the of said Court directed to the Sheriff of said in the words and figures following to wit:—
“The State of Ohio)
ss [scilicet])
seal
To the Sheriff of said :— Greeting:—
Whereas Claudius Stannard on the third day of April A.D. 1838, in our Court of Common Pleas within and for the said County of recovered a Judgment against and Joseph Smith Junior in a certain action of for the sum of two hundred fifty six dollars and forty cents damages and nine dollars and eighty three cents costs amounting in all to two hundred and six dollars and twenty three cents and whereas afterwards and before execution thereupon had the said Claudius Stannard died intestate, after whose death letters of Administration were granted in due form of law to [p. 474]
and whereas the said Judgment still remains unsatisfied as we are informed by the said . We therefore command you that you make known to the said and Joseph Smith Junior that they appear before the Judges of our said Court of Common Pleas, forthwith to show cause if any there be why the said as such Administrator ought not to have execution against them for the damages and costs aforesaid and further to do and receive what our said Court shall then and there consider of them in this behalf and have you then there this writ. Witness Clerk pro tem of said Court this 14th day of June A.D. 1842.—
pro tem
By John French Dep—[”]
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 made due and diligent search for the within named and Smith and cannot find them in my bailiwick June 15th 1842.
Erastus Spencer Shff—”
Whereupon it was ordered by the Court that this cause be continued until the next Term of said Court.— And now at this Term of said Court that is to say at the Term thereof first aforesaid comes the said and files his for an alias writ of against said defendants in the words and figures following to wit:—
[“]The State of Ohio ss. [scilicet]
Administrator of the Estate of Claudius Stannard decd.)
vs)
& Joseph Smith)
Court of Common Pleas October Term A.D. 1842.—
In Debt on Judgment Damages $400 Clerk will issue an Alias , returnable forthwith endorse suit brought to revive Judgment in favor of the . Amount claimed to be due three hundred and fifty dollars.—
Lyman Cowdery s Att[orne]y—”
Whereupon an Alias writ of was issued by the Clerk of said Court in the words and figures following to wit:—
“The State of Ohio)
ss [scilicet])
seal
To the Sheriff of said — Greeting:—
Whereas Claudius Stannard on the third day of April A.D. 1838 in our Court of Common Pleas within and for the County of recovered a Judgment against & Joseph Smith Junior in a certain action of for the sum of two hundred fifty six dollars and forty cents damages and nine dollars and eighty three cents costs amounting in all to two hundred sixty six dollars and twenty three cents, and whereas afterwards and before execution thereupon had the said Claudius Stannard died intestate, after whose death letters of Administration were granted in due form of law to , and whereas the said Judgment still remains unsatisfied as we are informed by the said . We therefore command you as before that you make known to the said and Joseph Smith Junior that they appear before the Judges of our said Court of Common Pleas forthwith to show cause if any there be why the said as such Administrator might not to have execution against them for the damages and costs aforesaid: And further to do and receive what our said Court shall then and there consider of them in this behalf. And have you then there this writ. Witness [p. 475]
Reuben St John Clerk of said Court this 4th day of October A.D. 1842
Reuben St John Clerk”—
And thereupon the defendants having failed to show any cause why execution should not issue against them in favor of as Administrator of the said Claudius Stannard, for the damages and Costs aforesaid. It is therefore considered by the Court that the said Judgment stand revived for the damages and costs aforesaid, and that the have his execution therefore, and also for the costs herein expended taxed at seven dollars and thirteen cents.— [p. 476]

Footnotes

  1. 1

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

  2. 2

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