Transcript of Proceedings, circa 3 April 1838 [Stannard v. Young and 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 third day of April in the year of our Lord one thousand eight hundred and thirty eight Be it remembered that heretofore to wit at the October term of said Court in the year of our Lord One thousand eight hundred and thirty seven Claudius Stannard sued out of the office of the of said Court a writ of summons against and Joseph Smith Junior in the words and figures following to wit:
“The State of Ohio)
ss [scilicet])
Seal
To the of said Greeting.—
We command you that you summon and Joseph Smith Junior to appear forthwith before our Court of Common Pleas for said now sitting at the Court house in to answer unto Claudius Stan[n]ard in a plea of to his damage five hundred dollars as is said Herein fail not, but of this writ and your service make due return Witness Clerk of said Court at this 28th. day of October AD 1837 C[harles] H Foot Dep Clerk—[”]
Upon which writ was endorsed the following <​endorsment​> certificate to wit:—
“Suit brot. on promissary note given by def[endan]ts to plaintiff for the sum of $235.50 dated October 11 1836. Also for goods sold and delivered amount appearing to be due $250—”
The foregoing writ was forthwith returned into Court endorsed as follows to wit
“The State of Ohio)
ss)
I have executed this writ by copy on each defendant Nov 1. 1837 2d Sh[eri]ff. J A Tracy Deputy”—
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 fourth day of December in the year of Our Lord one thousand eight hundred and thirty seven the plaintiff by his filed a declaration with the aforesaid in the words and figures following to wit:—
“State of Ohio)
ss [scilicet])
Claudius Stan[n]ard)
vs.)
&)
Joseph Smith Junior)
Court of Common Pleas Vacation after October Term AD 1837. Declaration in
Claudius Stanard complains of & Joseph Smith Jr. in a plea of for that whereas the said defendants on the eleventh day of October AD 1836. at in said County of made their promissary note in writing and delivered the same to the plaintiff [p. 585]
and thereby promised to pay the said plaintiff two hundred and thirty five dollars and fifty cents to be paid when the first annual payment on a land contract between the plaintiff on the One part and the defendants and one of the other part Should become due (which was on the third day of October AD 1837) which period has now elapsed and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said Claudius Stannard according to the tenor and effect thereof.— Also for that whereas the said defendants on the eleventh day of October AD 1836. at in said made their certain other promissary note an <​in​> writing and delivered the same to the said plaintiff and thereby promised to pay to the said plaintiff two hundred and thirty five dollars and fifty cents which was to be cancelled on the first annual payment in 1837 (meaning that said note should be paid when the first annual payment on a land contract dated the third day of October AD 1836. Should become due which was on the third day of October AD 1837) which first annual payment in 1837 has become due the said period having elapsed and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said plaintiff according to the tenor and effect thereof Yet the said defendants have disregarded there promises and have not paid the said sum of money or any part thereof to the damage of the plaintiff five hundred dollars and therefore he brings suit &c.” By his Att[orne]y—
And now at this term of said Court that is to say at the term thereof first aforesaid comes the said plaintiff and the defendants being three times demanded to come into Court and defend this suit come not but make default— It is therefore considered by the Court that the plaintiff recover against the defendants his damages by the Court here assessed to the sum of two hundred fifty six dollars and forty cents— And also the <​his​> costs and charges in and about the prosecution of this suit in that behalf expended taxed at nine dollars and eight three cents— And it is ordered by the Court that the defendants pay the costs and charged <​by him made​> in and about the defending of this suit by him made taxed at sixty one cents— And in default thereof that execution issue to collect the same—
Prst. [p. 586]

Footnotes

  1. 1

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

  2. new scribe logo

    Insertion in handwriting of David D. Aiken.  

  3. new scribe logo

    Insertion in handwriting of David D. Aiken.  

  4. new scribe logo

    Insertion in handwriting of David D. Aiken.  

  5. new scribe logo

    Possible signature of Van R. Humphrey.