Transcript of Proceedings, circa 19 June 1835 [D. Lake v. JS]

  • Source Note
  • Historical Introduction
Page 508
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sums of money, nor either of them, nor any part thereof; to the damage of the said two hundred & fifty dollars, and thereupon he brings suit &c.
Paine [Payne] & Willson attorneys for .”
Endorsed on the foregoing, was the following Plea, to wit:—
“The State of Ohio)
ss.)
Com. Pleas vac. before J.T. 1835
And now comes the said Joseph Smith Jr. & says that he did not undertake & promise the said , in manner & form as he has complained of him in his declaration, & puts himself up.—
Attorney for Deft.”—
And afterwards to wit: on the day and year first aforesaid, to wit; on the sixteenth day of June in the year of our Lord one thousand eight hundred and thirty five.— came as well the said as the the said Joseph Smith Junr. by their attornies aforesaid, and were at issue on the plea of , and thereupon came a Jury to wit: Thomas J. Rodgers [Thomas Jefferson Rogers], Philetus Hovey, Absalom Wells, Charles W. Briggs, George King 1st. Levi Shepherd, Erastus Spencer <​Larned​>, Anson Peas[e], , Timothy Carter, Ralza[mond] Spencer and Joseph P. Cowles, who duly <​were​> duly empannelled and sworn.— And no evidence being adduced by the in support of his claim, the Court directed that he become : Thereupon it was considered and adjudged by the Court that the said Joseph Smith Junr. recover against the said the costs by him about the defence of this suit taxed at <​in that​> behalf expended, taxed at twenty five dollars and sixty four cents.— And it was ordered by the Court that the said pay the costs by him a made and expended in the prosecution of this suit taxed at ten dollars and eighty six cents
M[atthew] Birchard PJ [President Judge] [p. 508]
sums of money, nor either of them, nor any part thereof; to the damage of the said two hundred & fifty dollars, and thereupon he brings suit &c.
Paine [Payne] & Willson attorneys for .”
Endorsed on the foregoing, was the following Plea, to wit:—
“The State of Ohio)
ss.)
Com. Pleas vac. before J.T. 1835
And now comes the said Joseph Smith Jr. & says that he did not undertake & promise the said , in manner & form as he has complained of him in his declaration, & puts himself up.—
Attorney for Deft.”—
And afterwards to wit: on the day and year first aforesaid, to wit; on the sixteenth day of June in the year of our Lord one thousand eight hundred and thirty five.— came as well the said as the the said Joseph Smith Junr. by their attornies aforesaid, and were at issue on the plea of , and thereupon came a Jury to wit: Thomas J. Rodgers [Thomas Jefferson Rogers], Philetus Hovey, Absalom Wells, Charles W. Briggs, George King 1st. Levi Shepherd, Erastus Larned, Anson Pease, , Timothy Carter, Ralzamond Spencer and Joseph P. Cowles, who were duly empannelled and sworn.— And no evidence being adduced by the in support of his claim, the Court directed that he become : Thereupon it was considered and adjudged by the Court that the said Joseph Smith Junr. recover against the said the costs by him about the defence of this suit in that behalf expended, taxed at twenty five dollars and sixty four cents.— And it was ordered by the Court that the said pay the costs by him made and expended in the prosecution of this suit taxed at ten dollars and eighty six cents
Matthew Birchard PJ [President Judge] [p. 508]
Page 508