Transcript of Proceedings, circa 5 June 1837 [Holmes v. Dayton et al.]

  • Source Note
  • Historical Introduction

Document Transcript

Pleas before the court of common pleas, within and for the county of and State of Ohio, on the fifth day of June in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered, that heretofore, to wit, at the March term of said court in the year aforesaid, <​Ezra Holmes​> by the his Attorney, sued out of the office of the clerk of said court, a writ of summons against & others, in the words & figures following, to wit:
“The State of Ohio,)
ss. [scilicet])
To the Sheriff of said County . . . Greeting:
Seal We command you, that you Summon , & Joseph Smith Junior, to appear forthwith before our court of common pleas for said county, now sitting at the Court House in , to answer unto Ezra Holmes in a plea of , to his damage five hundred dollars, as is said. Herein fail not, but of this writ and your services make due return. Witness, , President of said Court, at , this twenty eighth day of March A.D. 1837.
Clerk.”
Upon which writ was the following endorsment, to wit, “Suit brought on note of hand given by defendants to plaintiff, for the sum of two hundred and eight dollars and thirty cents, Dated Nov. 15th. 1836, and due the first day of January following; also for goods sold & money lent. Damages $500.— March 28th. 1837.”
The foregoing writ was forthwith returned into court by the of our said endorsed as follows, to wit, “The State of Ohio, ss. [scilicet]} In obedience to the command of the within, I have executed the same by leaving a true copy of this writ with ’s wife on the 28th. inst. handed & Joseph Smith Jnr. each a true copy on the 28th. 1837. Shffs Office March 29th. 1837. Shff. E[ber] Benjamin Dep[u]ty.”
And thereupon it was ordered by the Court, that this cause be continued until the next term of the said Court.
Afterwards, to wit, on the twenty fifth day of April in the year aforesaid, the plaintiff by his said , filed his declaration withe the Clerk aforesaid, in the words and figures following to wit:
“The State of Ohio)
ss. [scilicet])
Court of Common Pleas, March term A.D. 1837— Declaration in .
Ezra Holmes)
vs.)
)
&)
Joseph Smith Jr.)
Ezra Holmes complains of & Joseph Smith Junior in a plea of For that whereas the said defendants on the fifteenth day of November A.D. 1836 at in said County of Geauga, made their promissory note in [p. 86]
writing. and delivered the same to the said plaintiff and thereby promised to pay to the said plaintiff or bearer two hundred eight dollars and <​thirty​> cents by the first day of January then next ensuing the date thereof with use, 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 plaintiff according to the tenor and effect thereof— Yet the said defendants hath disregarded their promises and hath not paid the said sum of money, or any part thereof, to the damage of the said plaintiff three hundred dollars, and therefore he brings suit, &c.
Atty. for Plff.”
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, had that the plaintiff recover against the defendants, his costs and charges by <​damages by the court​> here assessed to one hundred & Eighty three dollars and thirty cents, and also his costs and charges by him in and about the prosecution of this suit in that behalf expended, taxed at ten dollars and eighteen cents— And it is ordered by the court that the defendants pay the costs and charges by them made in and about the defending of this suit, taxed at seventy one cents, and in default thereof that issue to collect the same.
Prest [p. 87]

Footnotes

  1. 1

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

  2. new scribe logo

    Signature presumably of Van R. Humphrey.