Transcript of Proceedings, circa 24 October 1837 [Barker for the use of Bump v. JS and Cowdery]

  • Source Note
  • Historical Introduction
Page 237
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Pleas before the Court of Common Pleas, within and for the County of in the State of , on the twenty fourth day of October in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered, that heretofore to wit, on the twenty sixth day of July in the year of our Lord one thousand eight hundred and thirty seven, William Barker for the use of by Hitchcock & Wilder his attorneys, sued out of the office of the Clerk of said court, a writ of Capias against Joseph Smith Jr. and in the words and figures following to wit:—
“The State of Ohio)
ss. [scilicet])
Seal
To the Sheriff of said . . . Greeting:— We command you to take Joseph Smith Jr. and if they may be found in your bailiwick, and them safely keep so that you have their bodies before our court of common pleas for the aforesaid, at the court house in , on the twenty fourth day of October next to answer unto William Barker for the use of in a plea of assumpsit; damages one thousand dollars: and have you then there this writ. Witness Van R. Humphrey President of our said Court at this 26th. day of July A.D. 1837.
C[harles] H. Foot Dep. Clerk.”
Upon which Writ was the following endorsment to wit:
“Suit brought on note given by defendants to of which the following is a copy
Ohio July 7. 1836 for value received we promise to pay William Barker or bearer six hundred one twenty one dollars and thirty two cents in money or land in the State of by the first of September next. (Signed) Joseph Smith Jr. .”
Amount appearing due $214.34— Hold to Bail in the Sum of $428.68 July 25, 1837.”
And now at this term of said court, that is to say, at the term thereof aforesaid, the foregoing Writ was returned into court by the Sheriff of our said endorsed as follows to wit:
“The State of Ohio, ss.} I on this 27. day of July arrested the within named defts, and took J. Smith Jr.s Bail Bond with Anson Cook, William Earl & as sureties, conditioned that J. Smith Jr. appear before the court of com. at their next to be holden at and enter Special Bail in the action— was not found held to bail by order of the plff. a copy of bond is herewith returned.
A[bel] Kimball 2d. Shff.”
And thereupon comes the said and discontinues his suit— It is therefore considered by the court, that the defendants recover against the , their costs and charges by them in and about the defending of this suit, in that behalf expended, taxed at one dollar and twenty seven cents— And it is ordered by the court that the pay the costs and charges by him made in and about the prosecuting of this suit, taxed at four dollars and ninety two cents, and in default thereof, that execution issue to collect the same.
Van R. Humphrey Prest. [4 lines blank] [p. 237]
Pleas before the Court of Common Pleas, within and for the County of in the State of , on the twenty fourth day of October in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered, that heretofore to wit, on the twenty sixth day of July in the year of our Lord one thousand eight hundred and thirty seven, William Barker for the use of by Hitchcock & Wilder his attorneys, sued out of the office of the Clerk of said court, a writ of Capias against Joseph Smith Jr. and in the words and figures following to wit:—
“The State of Ohio)
ss. scilicet)
Seal
To the Sheriff of said . . . Greeting:— We command you to take Joseph Smith Jr. and if they may be found in your bailiwick, and them safely keep so that you have their bodies before our court of common pleas for the aforesaid, at the court house in , on the twenty fourth day of October next to answer unto William Barker for the use of in a plea of assumpsit; damages one thousand dollars: and have you then there this writ. Witness Van R. Humphrey President of our said Court at this 26th. day of July A.D. 1837.
Charles H. Foot Dep. Clerk.”
Upon which Writ was the following endorsment to wit:
“Suit brought on note given by defendants to of which the following is a copy
Ohio July 7. 1836 for value received we promise to pay William Barker or bearer six hundred twenty one dollars and thirty two cents in money or land in the State of by the first of September next. (Signed) Joseph Smith Jr. .”
Amount appearing due $214.34— Hold to Bail in the Sum of $428.68 July 25, 1837.”
And now at this term of said court, that is to say, at the term thereof aforesaid, the foregoing Writ was returned into court by the Sheriff of our said endorsed as follows to wit:
“The State of Ohio, ss.} I on this 27. day of July arrested the within named defts, and took J. Smith Jr.s Bail Bond with Anson Cook, William Earl & as sureties, conditioned that J. Smith Jr. appear before the court of com. at their next to be holden at and enter Special Bail in the action— was not held to bail by order of the plff. a copy of bond is herewith returned.
Abel Kimball 2d. Shff.”
And thereupon comes the said and discontinues his suit— It is therefore considered by the court, that the defendants recover against the , their costs and charges by them in and about the defending of this suit, in that behalf expended, taxed at one dollar and twenty seven cents— And it is ordered by the court that the pay the costs and charges by him made in and about the prosecuting of this suit, taxed at four dollars and ninety two cents, and in default thereof, that execution issue to collect the same.
Van R. Humphrey Prest. [4 lines blank] [p. 237]
Page 237