Transcript of Proceedings, circa 5 June 1837 [Patterson and Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]

  • Source Note
  • Historical Introduction
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Pleas before the Court of Common Pleas, within and for the County of and State of , on the fifth day of June in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered, that heretofore to wit, at the March term of said court in the year aforesaid, & by Paine [Payne] & Wil[l]son their Attorneys, sued out of the office of the Clerk of said Court, a Writ of Summons against & others in the words and figures following, to wit:
“The State of Ohio )
ss. )
Seal
To the Sheriff of said . . . Greeting: We command you that you summon , & of the firm of and , & Joseph Smith Jr. of the firm of , to appear forthwith before our court of Common Pleas for said , now sitting at the Court house in , to answer unto & in a plea of Assumpsit to their damage one thousand dollars, as is said. Herein fail not, but of this writ and your service make due return. Witness Van R. Humphrey President of said Court at this twenty eighth day of March A.D. 1837.
Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. on note given by def[endan]ts. dated Dec. 14th 1836 for $596.46 and payable at the one month after date to the order of Gardner & Patterson and endorsed to pl[ainti]ffs; also for goods, wares and merchandize, sold and delivered, &c. Amt. due $603.91”
The foregoing writ was forthwith returned into court by the Sheriff of our said endorsed as follows, to wit:
“The State of Ohio, ss.) I have obeyed the command of this Writ by leaving true copies with Defts. on the 29th. , , Joseph <​Smith​> Jr. , on the 29th. day of March 1837, not found, Sh[eri]ff. office March 29th. 1837
A[bel] Kimball 2d. Shff. by E[ber] Benjamin 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 twenty ninth day of April in the year aforesaid the plaintiffs by their said attorneys filed with the Clerk aforesaid, their declaration in the words and figures following, to wit:
“State of Ohio)
ss.)
Court of Common Pleas, vacation after March Term A.D. 1837.
, , , Joseph Smith Jr. and , (the Sheriff having returned “not found as to ” against whom process in this case also issued) were summoned to answer unto and in a plea of Assumpsit, whereupon the said plaintiffs by Payne & Wil[l]son their Att[orney]ys. complain of the defendants, for that whereas on the fourteenth day of December in the year one thousand eight hundred and thirty six to wit, at [p. 126]
Pleas before the Court of Common Pleas, within and for the County of and State of , on the fifth day of June in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered, that heretofore to wit, at the March term of said court in the year aforesaid, & by Paine Payne & Willson their Attorneys, sued out of the office of the Clerk of said Court, a Writ of Summons against & others in the words and figures following, to wit:
“The State of Ohio )
ss. )
Seal
To the Sheriff of said . . . Greeting: We command you that you summon , & of the firm of and , & Joseph Smith Jr. of the firm of , to appear forthwith before our court of Common Pleas for said , now sitting at the Court house in , to answer unto & in a plea of Assumpsit to their damage one thousand dollars, as is said. Herein fail not, but of this writ and your service make due return. Witness Van R. Humphrey President of said Court at this twenty eighth day of March A.D. 1837.
Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. on note given by defendants. dated Dec. 14th 1836 for $596.46 and payable at the one month after date to the order of Gardner & Patterson and endorsed to plaintiffs; also for goods, wares and merchandize, sold and delivered, &c. Amt. due $603.91”
The foregoing writ was forthwith returned into court by the Sheriff of our said endorsed as follows, to wit:
“The State of Ohio, ss.) I have obeyed the command of this Writ by leaving true copies with Defts. on the 29th. , , Joseph Smith Jr. , on the 29th. day of March 1837, not found, Sheriff. office March 29th. 1837
Abel Kimball 2d. Shff. by Eber Benjamin 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 twenty ninth day of April in the year aforesaid the plaintiffs by their said attorneys filed with the Clerk aforesaid, their declaration in the words and figures following, to wit:
“State of Ohio)
ss.)
Court of Common Pleas, vacation after March Term A.D. 1837.
, , , Joseph Smith Jr. and , (the Sheriff having returned “not found as to ” against whom process in this case also issued) were summoned to answer unto and in a plea of Assumpsit, whereupon the said plaintiffs by Payne & Willson their Attorneyys. complain of the defendants, for that whereas on the fourteenth day of December in the year one thousand eight hundred and thirty six to wit, at [p. 126]
Page 126