Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Williams]

  • Source Note
  • Historical Introduction

Document Transcript

Pleas before the Court of Common Pleas, within and for the County of in the State of on the twenty fourth day of October in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered that heretofore to wit, on the ninth day of February in the year above written, qui. tam. Sued out of the office of the Clerk of said court a writ of Summons against , in the words & figures following to wit:—
“The State of Ohio)
ss. [scilicet])
Seal
To the of our said . . . Greeting: We command you that you Summon if he be found in your to appear before our Court of Common Pleas to be held at the court house in the town of the twenty first day of March next, to answer who sues as well for the State of as for himself in a plea of debt for one thousand dollars, damage one thousand dollars, as is said. Herein fail not but of this writ and your service make due return. Witness The Honourable President of our said Court at the ninth day of February Anno Domini one thousand eight hundred and thirty seven. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot to recover of [p. 354]
a penalty of $1000. incurred by acting on the 4th day of Jan.y 1837 as an officer of a Bank not incorporated by law of this , and denominated “The Kirtland Safety Society Anti Banking Co.” contrary to the Statute in such case made and provided: Amt. claimed to be due $1000. Feb.y. 8. 1837.”
Afterwards to wit, at the March term of said Court in the year aforesaid, the foregoing writ, was returned into Court by the of our said endorsed as follows to wit:
“The State of Ohio ss.) I have executed the command of this by leaving a true copy of the same with the endorsments thereon with the of the within named he being gone from home, this 10 day of Feb. 1837. 2d Sheriff.”
And thereupon it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit, on the [blank] day of [blank] in the year aforesaid, the filed in the office of the aforesaid, his declaration in the words and figures following to wit:
“The State of Ohio, ss. [scilicet])
Court of Common Pleas after March Term AD 1837— who sues as well for the State of as for himself complains of in a plea of debt, For that the said on the fourth day of January in the year of our Lord one thousand eight hundred and thirty seven at in said County of , did act as an officer, servant, agent and trustee of a Bank called “The Kirtland Safety Society Anti Banking Co.” which said Bank was not then and there incorporated by law; contrary to the Statute in such case made and provided, whereby and by force of the said statute the has forfeited for said offence the sum of one thousand dollars, and thereby and by force of said Statute an action hath accrued to the who sues as aforesaid, to have and demand of and from the 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 :— And also for that the said afterwards to wit, on the day and year last aforesaid at aforesaid in the county of aforesaid did act as an officer of a certain other Bank called and denominated, “The Kirtland Safety Society Anti Banking Co.” 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 Banks contrary to the Statute in such case made and provided, whereby and by force of the said Statute the said 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 who sues as aforesaid to have and demand of and from the said 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 . And also for that the said , afterwards to wit, on the day and year last aforesaid at aforesaid in the County of aforesaid, did act as an officer of a certain other Bank, 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 has forfeited for said last mentioned offence the further sum of one thousand dollars and thereby and by the force of the said statute and action hath accrued to the said who sues as aforesaid, to have and demand of and from the said 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 : Yet the said although often requested so to do, has not paid the said several sums of one thousand dollars, nor any of them nor either of them nor any part thereof, to the said State of and to the who sues as aforesaid but has always neglected and refused so to do, which is to the damage of the the sum of one thousand dollars, and therefore he brings this suit &c. Pl[ainti]ff. Attorney.”
Afterwards to wit, at the June term of said Court in the year aforesaid, this [p. [355]] cause came on to be heard upon a to the declaration of the , and was argued by counsel; On consideration whereof, it was adjudged by the court that the said demurrer be overruled with costs: Whereupon on motion of the leave was given him to amend, on payment of costs: And it was ordered by the Court that this cause be continued until the next term of said Court.
And now at this term of said Court, that is to say, at the term thereof first aforesaid, comes the , and the being three times demanded to come into court and prosecute his suit, comes not but makes default. It is therefore considered by the Court that the become ; and that the recover against him, his costs and charges by him in and about the defending of this suit, in that behalf expended, taxed at seven dollars and fifteen cents: And it is ordered by the Court that the pay the costs and charges by him made in and about the prosecuting of this suit; taxed at three dollars and thirty six cents, and in default thereof, that issue to collect the same.
Prest [p. 356]

Footnotes

  1. 1

    TEXT: “seal” enclosed in a hand-drawn representation of a seal.  

  2. new scribe logo

    Signature presumably of Van R. Humphrey.