Declaration, 22 April 1837 [Rounds qui tam v. JS]

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  • Historical Introduction

Document Transcript

The State of Ohio) Court of Common Pleas, after March Term A.D. 1837
ss. [scilicet])
who sues as well for the State of as for himself complains of Joseph Smith Junior in a plea of debt, For that the said Joseph Smith Junior on the fourth day of January in the year of our Lord one thousand eight hundred and thirty seven at in said County of Geauga, did act as an officer, servant, agent and trustee of a Bank called “” which said Bank was not then and there incorporated by law; contrary to the Statute in such case made and provided, whereby and by the force of the said statute the defendant has forfeited for said offence the sum of one thousand dollars, and thereby and by force of said statute [p. 362] an action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the defendant for the said State of and for himself the said sum of one thousand dollars, one half for the said State of and the other half for the plaintiff: And also for that the said defendant afterwards to wit, on the day and year last aforesaid at aforesaid in the County of Geauga aforesaid did act as an officer of a certain other Bank called and denominated “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 force of the said statute the said defendant has forfeited for said last mentioned offence the further sum of one thousand dollars; and thereby and by force of said statute an action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the said defendant for the said State of and for himself the said last mentioned sum of one thousand dollars; one half for the said State of and the other half for the plaintiff. And also for that the said defendant afterwards to wit, on the day and year last aforesaid at aforesaid in the County of Geauga aforesaid did act as an officer of a certain other Bank not incorporated by law; contrary to the statute in such case made and provided, whereby and by the force of the said statute the defendant has forfeited for said last mentioned offence the further sum of one thousand dollars and thereby and by force of said statute an action hath accrued to the said plaintiff who sues as aforesaid to have and demand of and from the defendant for the said State of and for himself said last mentioned sum of one thousand dollars, one half for the said State of and the other half for the plaintiff: Yet the said defendant though often requested so to do has not paid the said several sums of one thousand dollars nor any nor either of them to the said State of and to the plaintiff who sues as aforesaid, but has always neglected and refused so to do; which is to the damage of the plaintiff the sum of one thousand dollars, and therefore he brings this suit &c. Plff. Atty. [p. [363]]