Transcript of Proceedings, circa 11 June 1842 [United States v. Haws et al.]

  • Source Note
  • Historical Introduction

Document Transcript

The
vs
, Joseph Smith & impleaded with
Pleas in the District Court of the , for the District of , held at the City of , in the aforesaid, before the Hon. , Judge of our said Court, on Saturday the eleventh day of June in the year of our Lord one thousand eight hundred and forty two, and of our Independence the 66th year.
, Clerk.
District of , ss. [scilicet]
The put in their place their Attorney against , , , Joseph Smith and .
District of . ss.
Be it remembered that on the twenty fifth day of April in the year of our Lord One thousand eight hundred and forty two, The , by their attorney, came into the s Office of the District Court of the , for the District of , and prayed a summons in debt to issue against , , , Joseph Smith and , which was accordingly issued, and is as follows, to wit,
District Court of the , for the District of , sc[ilice]t.
The ,
To the of the District of , Greeting:
We command you that you summon , , , Joseph Smith and , if they be found in your District, to be and appear before our of our District Court of the for the District of , at the next term thereof, to be holden at in the aforesaid on the first Monday of June next, to answer unto the in a plea of debt, Debt ten thousand dollars. And have you then and there this writ.
L. S.
Witness the Hon. , Judge of our said Court at , this 25th day of April in the year of our Lord One thousand eight hundred and forty two, and of our Independence the 66th year.
, Clerk.
Which said writ was returned by the of the District of , with the following endorsement to wit.
Executed upon the within named , , Joseph Smith and , by reading this 4 day of May 1842, not found.
, Marshal by P. V. Bergen Depty.
And afterwards, to wit, that is to say, on the seventh day of June anno Domini Eighteen hundred and forty two, came the said plaintiffs by their , and filed the following , to wit,
District of , ss.[scilicet]
The plaintiffs in this suit its Attorney complains of , , , Joseph Smith and , citizens of the State of defendants in this suit in custody &c, of a plea that they render unto [p. 529]
the said , the sum of Ten thousand dollars lawful money of the which they owe to and unjustly detain from the said .
For that whereas the said defendants heretofore, to wit, on the tenth day of September in the year of our Lord One thousand eight hundred and forty, made a certain note in writing, commonly called a promissory note, bearing date the same day and year aforesaid, and then and there delivered the said note to one Robert E. Lee, and thereby eight months after date jointly and severally promised to pay to Robert E. Lee Agent for the , the sum of Forty eight hundred and sixty six dollars and thirty eight one hundredths, negotiable and payable at the Bank of the State of in , for value received, without discount or defalcation in specie; And the said Robert E. Lee to whom, or to whose order the payment of the said sum of money in the said note specified was by the said note to be made after the making of the said note and before the payment of the said sum of money in the said note specified, to wit, on the tenth day of September aforesaid, at in the State of aforesaid, endorsed the said note, by which said endorsement he the said Robert E. Lee then and there ordered and appointed the said sum of money in the said note specified, to be paid to the said , and then and there delivered the said note so endorsed as aforesaid to the .
The said defendants afterwards, to wit, on the tenth day of September in the year aforesaid had notice. By means whereof, and by force of the statute in such case made and provided, the said defendants became liable to pay to the in this suit the said sum of money mentioned in the said note, according to the tenor and effect of the said note.— And whereas also, the said defendants on the tenth day of September in the year of our Lord One thousand eight hundred and forty, at the place aforesaid were indebted to the said in the sum of forty eight hundred and sixty six dollars and thirty eight one hundredth of lawful money of the , for divers goods, wares, and Merchandize by the said before that time sold and delivered to the said defendants, and at the special instance and request of the said defendants, and to be paid by the said defendants to the said , when they the said defendants should be thereunto afterwards requested, whereby and by reason of the said last mentioned sum being and remaining wholly unpaid, an hath accrued to the said to demand and have of and from the said defendants the said sum of forty eight hundred and sixty six dollars and thirty, eight one hundredths parcel of said sum above demanded.
And whereas also, the said defendants afterwards, to wit, on the same day and year, at the place aforesaid, were indebted to the said in the further sum of Five thousand one hundred and thirty three dollars and sixty two cents of like lawful money as aforesaid, for so much money before that time lent and advanced by the said to the said defendants and at the like request of the said defendants, and for other money by the said before that time paid, laid out and expended for the said defendants, and at the like request of the said defendants, and for other money by the said defendants before that time had and received to and for the use of the said [p. 530]
and to be paid by the said defendants to the said when the said defendants should be thereunto afterwards requested, whereby and by reason of the said last mentioned sum of money being and remaining wholly unpaid, an hath accrued to the said to demand and have of and from the said defendants the said sum of Five thousand one hundred and thirty three dollars and sixty two cents, the residue of the said sum above demanded.
Yet the said defendants (although often requested so to do,) have not as yet paid the said sum of ten thousand dollars first above demanded or any part thereof, to the said , but they to do this have hitherto wholly refused, and still do refuse, to the damage of the said of Four thousand dollars, and therefore he brings suit &c.
And afterwards to wit, on the sixth day of June Eighteen hundred and forty two, came the said by their aforesaid, and on Motion of said by their the defendant is ruled to plead by tomorrow morning;
And now at this day to wit, on the eleventh day of June Eighteen hundred and forty two, come the said by their , and the said defendants having been served with and ruled to plead, and being thrice solemnly called come not, but make default.
It is considered and adjudged by the Court, that the said do recover of and from the said defendants the sum of Four thousand eight hundred and sixty six dollars and thirty eight cents parcel of their debt in the mentioned, And also their damages by them sustained on occasion of the detention of the same; But as those damages are unknown to the Court, it is ordered that the assess the same and make report to the Court; And the having assessed the said damages to the sum of Three hundred and seventeen dollars and ninety three cents, and reported the same to the Court, which report being approved.
It is considered and adjudged by the Court that the said recover of and from the said defendants their debt and damages aforesaid, as well as their costs and charges by them about their suit in this behalf expended, and that they have &c.
Which said Costs amount to forty one dollars and ninety six and one quarter cents. And which said debt, damages, costs and charges in the whole amount to Five thousand two hundred and twenty six dollars and twenty seven and one half cents.
And the said defendants in Mercy &c.
, Clerk. [11 lines blank] [p. 531]

Footnotes

  1. 1

    TEXT: “L. S.” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.