Transcript of Proceedings, circa 8 November 1838 [JS for the use of J. Granger v. Smalling and Coltrin]

  • Source Note
  • Historical Introduction
Page 501
image
Pleas before the Court of Common Pleas within and for the County of in the State of Ohio at a Term of said Court begun and held at on the sixth day of November in the year of our Lord one thousand eight hundred and thirty eight.
Be it remembered, that heretofore to wit on the twenty eighth day of February in the year aforesaid Joseph Smith Junior for the use of sued out of the office of the Clerk of said Court a writ of Capias ad respondendum against and in the words and figures following to wit:—
“The State of Ohio)
ss [scilicet])
seal To the Sheriff of said . . . Greeting:— We command you that you take and if they befound in your bailiwick and them safely keep so that you have them before our Court of Common Pleas for said County at the Court House in on the third day of April next to answer unto Joseph Smith Junr. for the use of in a plea of the case damages one thousand dollars and have you then there this writ. Witness Clerk of said Court at this twenty eighth day of February AD 1838
Clerk.”
Upon which writ was the following endorsment to wit:— “This suit is brought on defendants note to the pl[ainti]ff for $500. date Sept 30. 1836 on demand with interest Amt. due $531.25.”
Afterwards to wit at the April 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. [scilicet] I on this 5th day of March 1838 arrested and took his bail bond with Leonard Risk as surety conditioned that he appear at next term and enter special bail in the case. A copy of bond is herewith returned. The other def[endan]t is not found. A[bel] Kimball 2d. Shff.” Whereupon it was ordered by the Court that the defendant be discharged from custody on filing common bail and that this cause be continued until the next term of said Court.
Afterwards to wit on the seventh day of May in the year aforesaid the plaintiff filed in the Clerks office aforesaid his declaration in the words and figures following to wit:—
“The State of Ohio)
ss [scilicet])
Court of Common Pleas vacation after April Term 1838. Joseph Smith Jnr. for [p. 501]
Pleas before the Court of Common Pleas within and for the County of in the State of Ohio at a Term of said Court begun and held at on the sixth day of November in the year of our Lord one thousand eight hundred and thirty eight.
Be it remembered, that heretofore to wit on the twenty eighth day of February in the year aforesaid Joseph Smith Junior for the use of sued out of the office of the Clerk of said Court a writ of Capias ad respondendum against and in the words and figures following to wit:—
“The State of Ohio)
ss scilicet)
seal To the Sheriff of said . . . Greeting:— We command you that you take and if they befound in your bailiwick and them safely keep so that you have them before our Court of Common Pleas for said County at the Court House in on the third day of April next to answer unto Joseph Smith Junr. for the use of in a plea of the case damages one thousand dollars and have you then there this writ. Witness Clerk of said Court at this twenty eighth day of February AD 1838
Clerk.”
Upon which writ was the following endorsment to wit:— “This suit is brought on defendants note to the plaintiff for $500. date Sept 30. 1836 on demand with interest Amt. due $531.25.”
Afterwards to wit at the April 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. [scilicet] I on this 5th day of March 1838 arrested and took his bail bond with Leonard Risk as surety conditioned that he appear at next term and enter special bail in the case. A copy of bond is herewith returned. The other defendant is not found. Abel Kimball 2d. Shff.” Whereupon it was ordered by the Court that the defendant be discharged from custody on filing common bail and that this cause be continued until the next term of said Court.
Afterwards to wit on the seventh day of May in the year aforesaid the plaintiff filed in the Clerks office aforesaid his declaration in the words and figures following to wit:—
“The State of Ohio)
ss scilicet)
Court of Common Pleas vacation after April Term 1838. Joseph Smith Jnr. for [p. 501]
Page 501