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

  • Source Note
  • Historical Introduction
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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 & thirty seven.
Be it remembered that heretofore to wit, on the ninth day of February in the year above written Samuel D. Rounds qui. tam. sued out of the office of the of said court, a writ of Summons against , in the words and figures following to wit:
“The State of Ohio)
ss. [scilicet])
seal
To the Sheriff of our said . . . Greeting: We command you that you summon if he be found in your bailiwick to appear before our Court of Common Pleas to be held at the court house in the town of the twenty first day of March next to answer unto Samuel D. Rounds who sues as well for the State of as for himself in a plea of debt for one thousand dollars, damage one thousand dollars, as is said. Herein fail not but of this writ and your service make due return. Witness the Honourable Van R. Humphrey President of our said Court at the ninth day of February Anno Domini one thousand eight hundred and thirty seven. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. to recover of a penalty of one thousand dollars incurred by acting on the 4th day of Jan.y 1837. as an officer of a Bank not incorporated by the law of this State and denominated “The Kirtland Safety Society Anti Banking Co.” contrary to the statute in such case made and provided: Amt. claimed to be due $1000. Feb.y 8. 1837.”
Afterwards to wit, at the March term of said Court in the year 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 have executed the command of this writ by handing the within named a true copy of the same with the endorsments thereof thereon, this 10th Feb. 1837. Abel Kimball 2d. Sheriff.”
And thereupon it was ordered by the Court that this cause be continued until the next term of said Court.
Afterwards to wit, on the twenty fourth day of April in the year aforesaid, the plaintiff filed in the ’s office aforesaid, his declaration, in the words & figures following to wit:—
“The State of Ohio)
ss. [scilicet])
Court of Common Pleas, Vacation after April Term A.D. 1837.— Samuel D. Rounds who sues as well for the State of as for himself, complains of in a plea of debt, For that the said on the fourth day of January in the year of our Lord one thousand eight hundred and thirty seven at in said County of did act as an officer, servant, agent and trustee of a certain Bank called “The Kirtland Safety Society Anti Banking Co.” which said Bank was not then and there incorporated by law; contrary to the Statute in such case made and provided, whereby and by force of the said Statute the has forfeited for said offence the sum of one thousand dollars: and thereby and by force of the said Statute an action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the for the said State of and for himself the said sum of one thousand dollars, one half for said State of and the other half for the said plaintiff. And also for that the said afterwards to wit, on the day and year last aforesaid at aforesaid in the County of aforesaid, did act as an officer of a certain other Bank called “the Kirtland Safety Society Anti Banking Co.” which said last mentioned Bank was not then and there incorporated by law, by then and there paying out and receiving money for said Bank, contrary to the Statute in such case made and provided, whereby and by force of the said Statue the said 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 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 afterwards to wit, on the [p. 358]
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 & thirty seven.
Be it remembered that heretofore to wit, on the ninth day of February in the year above written Samuel D. Rounds qui. tam. sued out of the office of the of said court, a writ of Summons against , in the words and figures following to wit:
“The State of Ohio)
ss. scilicet)
seal
To the Sheriff of our said . . . Greeting: We command you that you summon if he be found in your bailiwick to appear before our Court of Common Pleas to be held at the court house in the town of the twenty first day of March next to answer unto Samuel D. Rounds who sues as well for the State of as for himself in a plea of debt for one thousand dollars, damage one thousand dollars, as is said. Herein fail not but of this writ and your service make due return. Witness the Honourable Van R. Humphrey President of our said Court at the ninth day of February Anno Domini one thousand eight hundred and thirty seven. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. to recover of a penalty of one thousand dollars incurred by acting on the 4th day of Jan.y 1837. as an officer of a Bank not incorporated by the law of this State and denominated “The Kirtland Safety Society Anti Banking Co.” contrary to the statute in such case made and provided: Amt. claimed to be due $1000. Feb.y 8. 1837.”
Afterwards to wit, at the March term of said Court in the year 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 have executed the command of this writ by handing the within named a true copy of the same with the endorsments thereon, this 10th Feb. 1837. Abel Kimball 2d. Sheriff.”
And thereupon it was ordered by the Court that this cause be continued until the next term of said Court.
Afterwards to wit, on the twenty fourth day of April in the year aforesaid, the plaintiff filed in the ’s office aforesaid, his declaration, in the words & figures following to wit:—
“The State of Ohio)
ss. scilicet)
Court of Common Pleas, Vacation after April Term A.D. 1837.— Samuel D. Rounds who sues as well for the State of as for himself, complains of in a plea of debt, For that the said on the fourth day of January in the year of our Lord one thousand eight hundred and thirty seven at in said County of did act as an officer, servant, agent and trustee of a certain Bank called “The Kirtland Safety Society Anti Banking Co.” which said Bank was not then and there incorporated by law; contrary to the Statute in such case made and provided, whereby and by force of the said Statute the has forfeited for said offence the sum of one thousand dollars: and thereby and by force of the said Statute an action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the for the said State of and for himself the said sum of one thousand dollars, one half for said State of and the other half for the said plaintiff. And also for that the said afterwards to wit, on the day and year last aforesaid at aforesaid in the County of aforesaid, did act as an officer of a certain other Bank called “the Kirtland Safety Society Anti Banking Co.” which said last mentioned Bank was not then and there incorporated by law, by then and there paying out and receiving money for said Bank, contrary to the Statute in such case made and provided, whereby and by force of the said Statue the said 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 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 afterwards to wit, on the [p. 358]
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