Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. JS]

  • Source Note
  • Historical Introduction
Page [363]
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an action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the defendant for the said State of and for himself the said sum of one thousand dollars, one half for the said State of and the other half for the plaintiff: And also for that the said defendant afterwards to wit, on the day and year last aforesaid at aforesaid in the County of Geauga aforesaid did act as an officer of a certain other Bank called and denominated “which said last mentioned Bank was not then and there incorporated by law by then and there assisting in the discounting of paper and lending money for said Bank contrary to the Statute in such case made and provided, whereby and by force of the said statute the said defendant has forfeited for said last mentioned offence the further sum of one thousand dollars; and thereby and by force of said statute an action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the said defendant for the said State of and for himself the said last mentioned sum of one thousand dollars; one half for the said State of and the other half for the plaintiff. And also for that the said defendant afterwards to wit, on the day and year last aforesaid at aforesaid in the County of Geauga aforesaid did act as an officer of a certain other Bank not incorporated by law; contrary to the statute in such case made and provided, whereby and by the force of the said statute the defendant has forfeited for said last mentioned offence the further sum of one thousand dollars and thereby and by force of said statute an action hath accrued to the said plaintiff who sues as aforesaid to have and demand of and from the defendant for the said State of and for himself said last mentioned sum of one thousand dollars, one half for the said State of and the other half for the plaintiff: Yet the said defendant though often requested so to do has not paid the said several sums of one thousand dollars nor any nor either of them to the said State of and to the plaintiff who sues as aforesaid, but has always neglected and refused so to do; which is to the damage of the plaintiff the sum of one thousand dollars, and therefore he brings this suit &c. Plff. Atty.”
Afterwards to wit, at the June term of said Court in the year aforesaid, this cause came on to be heard upon a to the declaration of the plaintiff, and was argued by counsel: On consideration whereof it was adjudged by the Court that said demurrer be overruled with costs. Whereupon on motion of the defendant leave was given him to amend, on payment of costs. And 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 of first aforesaid, come the parties and thereupon come a Jury to wit: Guy Wyman, Caleb E. Cummings, John A. Ford, William Crafts, David Smith, George Patchin, Ira Webster, Stephen Hulbert, William B. C[a]rothers, Jason Manley, Joseph Emerson and Thomas King, who being duly empannelled and sworn well and truly to try the issue joined between the parties and a true verdict to give, do find that the defendant is indebted to the plaintiff in the sum of one thousand dollars. It is therefore considered by the Court that the plaintiff recover against the defendant his debt aforesaid so found as aforesaid, and also his costs and charges by him in and about the prosecuting of this suit in that behalf expended, taxed at twenty three dollars and thirty five cents: And it is ordered by the Court that the defendant pay the costs and charges by him made in and about the defending of this suit, taxed at seventy five cents, and in default thereof, that execution issue to collect the same. The defendant excepts to the opinion of the Court, and files his Bill of Exceptions, signed and sealed by the Judges thereof, in the words and figures following to wit:—
“Joseph Smith Jr. . Rounds .} Debt.— This cause came on for trial before the Court and Jury [p. [363]]
an action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the defendant for the said State of and for himself the said sum of one thousand dollars, one half for the said State of and the other half for the plaintiff: And also for that the said defendant afterwards to wit, on the day and year last aforesaid at aforesaid in the County of Geauga aforesaid did act as an officer of a certain other Bank called and denominated “” which said last mentioned Bank was not then and there incorporated by law by then and there assisting in the discounting of paper and lending money for said Bank contrary to the Statute in such case made and provided, whereby and by force of the said statute the said defendant has forfeited for said last mentioned offence the further sum of one thousand dollars; and thereby and by force of said statute an action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the said defendant for the said State of and for himself the said last mentioned sum of one thousand dollars; one half for the said State of and the other half for the plaintiff. And also for that the said defendant afterwards to wit, on the day and year last aforesaid at aforesaid in the County of Geauga aforesaid did act as an officer of a certain other Bank not incorporated by law; contrary to the statute in such case made and provided, whereby and by the force of the said statute the defendant has forfeited for said last mentioned offence the further sum of one thousand dollars and thereby and by force of said statute an action hath accrued to the said plaintiff who sues as aforesaid to have and demand of and from the defendant for the said State of and for himself said last mentioned sum of one thousand dollars, one half for the said State of and the other half for the plaintiff: Yet the said defendant though often requested so to do has not paid the said several sums of one thousand dollars nor any nor either of them to the said State of and to the plaintiff who sues as aforesaid, but has always neglected and refused so to do; which is to the damage of the plaintiff the sum of one thousand dollars, and therefore he brings this suit &c. Plff. Atty.”
Afterwards to wit, at the June term of said Court in the year aforesaid, this cause came on to be heard upon a to the declaration of the plaintiff, and was argued by counsel: On consideration whereof it was adjudged by the Court that said demurrer be overruled with costs. Whereupon on motion of the defendant leave was given him to amend, on payment of costs. And 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 of first aforesaid, come the parties and thereupon come a Jury to wit: Guy Wyman, Caleb E. Cummings, John A. Ford, William Crafts, David Smith, George Patchin, Ira Webster, Stephen Hulbert, William B. Carothers, Jason Manley, Joseph Emerson and Thomas King, who being duly empannelled and sworn well and truly to try the issue joined between the parties and a true verdict to give, do find that the defendant is indebted to the plaintiff in the sum of one thousand dollars. It is therefore considered by the Court that the plaintiff recover against the defendant his debt aforesaid so found as aforesaid, and also his costs and charges by him in and about the prosecuting of this suit in that behalf expended, taxed at twenty three dollars and thirty five cents: And it is ordered by the Court that the defendant pay the costs and charges by him made in and about the defending of this suit, taxed at seventy five cents, and in default thereof, that execution issue to collect the same. The defendant excepts to the opinion of the Court, and files his Bill of Exceptions, signed and sealed by the Judges thereof, in the words and figures following to wit:—
“Joseph Smith Jr. . Rounds .} Debt.— This cause came on for trial before the Court and Jury [p. [363]]
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