Transcript of Proceedings, circa 6 June 1837 [Kelley v. Rigdon, Smith & Cowdery]

  • Source Note
  • Historical Introduction
Page 98
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have them forthwith before the Court of Common Pleas for said now in session at the court house in , to answer unto Hezekiah Kelley in a plea of the case, Damages three thousand dollars; and have you then there this writ. Witness the Hon. Van R. Humphrey. President Judge of said court at this 22d. day of March A. D. 1837.
Clerk.”
Upon which writ was the following endorsment, to wit,
“Suit brought to recover of defts as endorsers of a note of hand made by , & by the name, firm & style of dated 18. June 1836 payable six months after date to the order of defts. at the Bank of Buffalo, and endorsed by defts to John V. Ayer and by John V. Ayer to A. C. Demerrit [Albert C. Demeritt] & by A.C. Demerritt to the plffs. Amt. now due for principal, int. & prot. $2158.00”
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 arrested the within named ; Joseph Smith Jr. and have them now in court this 25th. day of March 1837. the other is not found in my bailiwic.
Abel Kimball 2d. Shff. Geo W Purple Deputy.”
And thereupon special bail was entered, in the words and figures following, to wit:
“Hezekiah Kelley)
vs) In Case.
, Joseph Smith Jr.)
and )
The State of Ohio)
ss.)
Be it remembered that on the twenty fifth day of March in the year of our Lord one thousand eight hundred and thirty seven, & of the county of personally appeared before me clerk of the court of common Pleas for said county of and severally acknowledged themselves to owe unto Hezekiah Kelley the sum of six thousand dollars each, to be levied upon their several goods and chattels, lands and tenements and real estates, upon condition that if the defendants , Joseph Smith Jr. & shall be condemned in this action at the suit of Hezekiah Kelley the plaintiff they shall pay the costs and condemnation of the court or be rendered or render themselves into the custody of the Sheriff of said for the same; or in case of failure that the said & will pay the costs and condemnation for them— Taken and acknowledged the day and year above written, before me, in open court.
Clerk.”
Whereupon 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 by his said attorneys filed with the aforesaid his declaration in the words and figures following, to wit:
“The State of Ohio)
ss.)
In the court of Common Pleas vacation after March term 1837—
Hezekiah Kelley complains of , Joseph Smith Junior & , in a plea of the case for that whereas heretofore, to wit; on eighteenth day of June in the year of our Lord one thousand eight hundred and thirty six, one , [p. 98]
have them forthwith before the Court of Common Pleas for said now in session at the court house in , to answer unto Hezekiah Kelley in a plea of the case, Damages three thousand dollars; and have you then there this writ. Witness the Hon. Van R. Humphrey. President Judge of said court at this 22d. day of March A. D. 1837.
Clerk.”
Upon which writ was the following endorsment, to wit,
“Suit brought to recover of defts as endorsers of a note of hand made by , & by the name, firm & style of dated 18. June 1836 payable six months after date to the order of defts. at the Bank of Buffalo, and endorsed by defts to John V. Ayer and by John V. Ayer to A. C. Demerrit [Albert C. Demeritt] & by A.C. Demerritt to the plffs. Amt. now due for principal, int. & prot. $2158.00”
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 arrested the within named ; Joseph Smith Jr. and have them now in court this 25th. day of March 1837. the other is not found in my bailiwic.
Abel Kimball 2d. Shff. Geo W Purple Deputy.”
And thereupon special bail was entered, in the words and figures following, to wit:
“Hezekiah Kelley)
vs) In Case.
, Joseph Smith Jr.)
and )
The State of Ohio)
ss.)
Be it remembered that on the twenty fifth day of March in the year of our Lord one thousand eight hundred and thirty seven, & of the county of personally appeared before me clerk of the court of common Pleas for said county of and severally acknowledged themselves to owe unto Hezekiah Kelley the sum of six thousand dollars each, to be levied upon their several goods and chattels, lands and tenements and real estates, upon condition that if the defendants , Joseph Smith Jr. & shall be condemned in this action at the suit of Hezekiah Kelley the plaintiff they shall pay the costs and condemnation of the court or be rendered or render themselves into the custody of the Sheriff of said for the same; or in case of failure that the said & will pay the costs and condemnation for them— Taken and acknowledged the day and year above written, before me, in open court.
Clerk.”
Whereupon 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 by his said attorneys filed with the aforesaid his declaration in the words and figures following, to wit:
“The State of Ohio)
ss.)
In the court of Common Pleas vacation after March term 1837—
Hezekiah Kelley complains of , Joseph Smith Junior & , in a plea of the case for that whereas heretofore, to wit; on eighteenth day of June in the year of our Lord one thousand eight hundred and thirty six, one , [p. 98]
Page 98