Transcript of Proceedings, circa 19 June 1835 [D. Lake v. JS]

  • Source Note
  • Historical Introduction

Document Transcript

Pleas before the Court of Common Pleas, within and for the County of , and State of , on the sixteenth day of June in the year of our Lord one thousand eight hundred and thirty five
Be it Remmembered, that heretofore, to wit; at the March Term of Said Court, in the year aforesaid, Joseph Smith Junr. brought into Court and filed. a certified transcript from the Docket of a Justice of the Peace in the words and figures following, to wit:—
“The State of Ohio)
ss.)
vs. Jos. Smith Jr.)
10th. December 1835 1834.
Action of Debt on act. labour done money paid for Expenses.— Summons issued 24th November by order of pts. returnable 28th. November at 12 o’clock noon Returned in season, served on defendant by reading, by J[eremiah] Ames Const[able]. [p. 506]
November 28th. the parties present & the Court Called the parties answer to thier names.— After the proofs & allegations being heard the Court adjourns till December 4th..— December 4th the Court renders Judgement in favor of for sixty three dollars sixty seven cents, and costs of suit taxed at Eight dollars four cents.— I hereby certify the above to be a true copy of the proceedings had in the above entitled suit as recorded on my Docket.— the tenth day of December 1834. Justice of the Peace.— Suit appealed by defendant.— Bail entered for one hundred fifty dollars.— Copy of the bond.
In the action of against Joseph Smith Junr.. I Ebenezer Jennings acknowledge mySelf Bail for the appellant in the sum of one hundred and fifty dollars, to be levied of my goods & chattels, lands & tenements in cas[e] the appellant shall be condemned in the action, and shall fail to pay the condemnation money and costs that have accrued, or may accrue in the Court of Common Pleas.— Taken signed and acknowledged <​Ebenezer Jennings.— Taken Signed & acknowledged​> on this tenth day of December 1834. Before me <​Before me​> Justice of the Peace
I certify the above to be substantially a true copy of the bond as taken by me. the tenth day of December 1834.—
Justice of the Peace”
And thereupon it was ordered by the Court that this Cause be continued until the next term
Afterwards, to wit: on the seventh day of May in the year aforesaid, the said by Paine [Payne] & Willson his attorneys, filed in the Clerks Office of the Court aforesaid, the following Declarlation, to wit—:
“The State of Ohio)
ss)
)
vs)
Joseph Smith Junr.)
Court of Common Pleas vacation before June Term AD. 1835.
Assumpsit.— This cause comes into Court on an appeal from a Justices Court wherein is Plaintiff & appellee, & Joseph Smith Jr. Defendant & appellant.— And the said complains of the said Joseph Smith Jr. in a plea of Assumpsit: For that whereas the said defendant, heretofore, to wit, on the twenty first day of November, in the year of our Lord one thousand eight hundred & thirty four, at in said County of , was indebted to the said in the sum of two hundred dollars of lawful money, for the work & labour, care & diligence of the said , by him the said before that time done, performed & bestowed in & about the business of the said defendant & for the said defendant at his special instance & request:— And also in the further sum of two hundred dollars of like lawful money for divers goods, wares & merchandize, by the said before that time sold & delivered to the said defindant, & at his like special instance & request.
And also in the further sum of two hundred dollars of like lawful money, by the said before that time, lent & advanced to, & paid laid out & expended; for the said defendant & at his like special instance & request;— And also in the further sum of two hundred dollars of like lawful money, for other money, by the said defendant, before that time, had & received to & for the use of the said : & being so indebted, to pr the said defendant in consideration, thereof, afterwards, to wit: on the 21st. day of November A.D. 1834. aforesaid, undertook & then and there <​faithfully​> promised the said , to pay him the said several sums of money in this court mentioned, when he the said defendant, should be thereunto afterwards requested; Yet he hath disregarded his said promises & hath not yet paid the said several [p. 507]
sums of money, nor either of them, nor any part thereof; to the damage of the said two hundred & fifty dollars, and thereupon he brings suit &c.
Paine [Payne] & Willson attorneys for .”
Endorsed on the foregoing, was the following Plea, to wit:—
“The State of Ohio)
ss.)
Com. Pleas vac. before J.T. 1835
And now comes the said Joseph Smith Jr. & says that he did not undertake & promise the said , in manner & form as he has complained of him in his declaration, & puts himself upon the country.—
Attorney for Deft.”—
And afterwards to wit: on the day and year first aforesaid, to wit; on the sixteenth day of June in the year of our Lord one thousand eight hundred and thirty five.— came as well the said as the the said Joseph Smith Junr. by their attornies aforesaid, and were at issue on the plea of Non assumpsit, and thereupon came a Jury to wit: Thomas J. Rodgers [Thomas Jefferson Rogers], Philetus Hovey, Absalom Wells, Charles W. Briggs, George King 1st. Levi Shepherd, Erastus Spencer <​Larned​>, Anson Peas[e], Erastus Spencer, Timothy Carter, Ralza[mond] Spencer and Joseph P. Cowles, who duly <​were​> duly empannelled and sworn.— And no evidence being adduced by the in support of his claim, the Court directed that he become Non suit: Thereupon it was considered and adjudged by the Court that the said Joseph Smith Junr. recover against the said the costs by him about the defence of this suit taxed at <​in that​> behalf expended, taxed at twenty five dollars and sixty four cents.— And it was ordered by the Court that the said pay the costs by him a made and expended in the prosecution of this suit taxed at ten dollars and eighty six cents
M[atthew] Birchard PJ [President Judge] [p. 508]

Footnotes

  1. 1

    TEXT: This period may be a stray mark.  

  2. new scribe logo

    Probable signature of Matthew Birchard.