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

  • 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 and thirty seven.
Be it remembered that heretofore to wit, on the fourteenth day of March in the year above written, Samuel D. Rounds qui tam, sued out of the office of the Clerk 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 be fore our Court of Common Pleas to be held in the court house in the town of the 21st day of March instant to answer Samuel D. Rounds, who sues as well for the State of as for himself in a plea of debt for one thousand dollars; damages 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 fourteenth day of March 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 $4500.00 incurred by the deft by acting on the 4th. day of Jan.y 1837 as an officer of a Bank not incorporated by law, known as “The Kirtland Safety Society Anti Banking Co.” contrary to statute in such case made and provided: Amt. claimed $1000. March 13. 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 a true and attested copy to the within named , on the 17. day of March AD 1837. A[bel] Kimball 2d Shff. Geo. H. Purple Deputy.”
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 [blank] day of [blank] in the year aforesaid, (and within the rule) the plaintiff filed in the office of the aforesaid, his declaration in the words and figures following to wit:—
“The State of Ohio, ss. [scilicet]) Court of Common Pleas, vacation after March Term A.D. 1837.— Samuel D. Rounds, who sues as well for the State of as for himself by his attorney, complains of in a plea of Debt, For that whereas, on the fourth day of January, in the year of our Lord one thousand eight hundred and thirty seven, at in the County of aforesaid, 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 Statue 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 thereof for the said State of , and the other half for the 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 and denominated “The Kirtland Safety Society Anti Banking Co.” 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 the force of the said statute the said has forfeited for said last mentioned offence, the further sum of one thousand dollars, [p. 353]
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 fourteenth day of March in the year above written, Samuel D. Rounds qui tam, sued out of the office of the Clerk 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 be fore our Court of Common Pleas to be held in the court house in the town of the 21st day of March instant to answer Samuel D. Rounds, who sues as well for the State of as for himself in a plea of debt for one thousand dollars; damages 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 fourteenth day of March 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 $4500.00 incurred by the deft by acting on the 4th. day of Jan.y 1837 as an officer of a Bank not incorporated by law, known as “The Kirtland Safety Society Anti Banking Co.” contrary to statute in such case made and provided: Amt. claimed $1000. March 13. 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 a true and attested copy to the within named , on the 17. day of March AD 1837. Abel Kimball 2d Shff. Geo. H. Purple Deputy.”
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 [blank] day of [blank] in the year aforesaid, (and within the rule) the plaintiff filed in the office of the aforesaid, his declaration in the words and figures following to wit:—
“The State of Ohio, ss. [scilicet]) Court of Common Pleas, vacation after March Term A.D. 1837.— Samuel D. Rounds, who sues as well for the State of as for himself by his attorney, complains of in a plea of Debt, For that whereas, on the fourth day of January, in the year of our Lord one thousand eight hundred and thirty seven, at in the County of aforesaid, 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 Statue 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 thereof for the said State of , and the other half for the 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 and denominated “The Kirtland Safety Society Anti Banking Co.” 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 the force of the said statute the said has forfeited for said last mentioned offence, the further sum of one thousand dollars, [p. 353]
Page 353