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

  • Source Note
  • Historical Introduction
Page 356
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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 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 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 & thirty seven. Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brot. to recover of a penalty of $1000. incurred by acting on the 4th. day of Jan.y 1837 as an officer of a Bank not incorporated by law, 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 <​there​>on. Abel Kimball 2d Shff.”
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, the plaintiff filed in the office of the aforesaid, his declaration in the words and figures following to wit:—
“The State of )
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, 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 [p. 356]
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 ninth day of February in the year above written, Samuel D. Rounds . 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 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 & thirty seven. Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brot. to recover of a penalty of $1000. incurred by acting on the 4th. day of Jan.y 1837 as an officer of a Bank not incorporated by law, 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. Abel Kimball 2d Shff.”
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, the plaintiff filed in the office of the aforesaid, his declaration in the words and figures following to wit:—
“The State of )
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, 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 [p. 356]
Page 356