Page images
PDF
EPUB

Judgments, Records, &c.

large sum, to wit, dollars, to wit, at [&c.] And the plaintiff further saith that said judgment is in full force, (s) and not reversed, annulled or satisfied; whereby an action hath accrued to the plaintiff to demand and have from the defendant the amount thereof above mentioned, to wit, dollars; yet the defendant hath not paid the same, or any part thereof; to the plaintiff's damage dollars; and thereupon he sues, &c.

2. On a Judgment of a Sister State in Debt or Assumpsit full than the preceding Form.

[blocks in formation]

For that, whereas, the plaintiff, heretofore, to wit, at a Circuit Court of the State of Indiana, the same being one of the United States of America, holden at the court house in and for the county of Wayne, in the State of Indiana, on Monday the before the Honorable

day of

A. D.

Presiding Judge of the third circuit of the State of Indiana, and his associates, then sitting [all this should conform to the placita,] judges of the Wayne Circuit Court in said State, by the consideration and judgment of the same court, recovered against the defendant the sum of

dollars, which in and

by the said Court was then and there adjudged to the plaintiff for his damages which he had sustained by reason of the nonperformance by the defendant of certain promises ["or a certain promise," if there were only one count in the original declaration and judgment,] then lately made by the defendant to the plaintiff, and also dollars for his costs and charges by him about his suit

in that behalf expended [or if the judgment be in debt, &c., describe it accordingly; in debt the form is "a certain debt of dollars, as also dollars for his damages which he had sustained by reason of the detention of the said debt and dollars, for his costs and charges by him about his suit in that behalf expended"], whereof the defendant was convicted, as by the record and proceedings thereof remaining in the said court fully appears, a copy whereof, duly authenticated, the plaintiff now here in court produces; which said judgment still remains in full force, unreversed and unsatisfied, and the plaintiff hath not obtained any execution or satisfaction of, or upon the said judgment, so recovered as aforesaid; whereby an action hath accrued to the plaintiff to demand and have of and from the defendant the said [debt], damages, and costs aforesaid, amounting to a large sum of money, to wit, dollars; yet the defendant hath not paid the same, or any or either of them, or any part thereof; to the plaintiff's damage, [&c.]

[ocr errors]

3. By an Administrator on a Judgment recovered in another State.

For that, whereas, at a county court of the State of States of America, begun and held at

one of the United

in and for

county, on the

(s) The averment that the judgment remains in full force is not necessary. 1 Saund. 330, n. (4).

day of in the year

Judgments, Records, &c.

[ocr errors]

the said W. in his lifetime, by the consideration and judgment of the said court, recovered against the said defendant by the name of, [&c.,] as well the sum of - for his damages, which he had sustained, by reason of a certain trespass, assault and battery, by the said defendant on the said W. in his lifetime, lately made, &c., as the sum of —, which was then and there adjudged unto the said W. for his costs and charges by him about his suit in that behalf expended, whereof the said defendant is convict, as by the record and process thereof in the said court, in the State of - aforesaid, remaining, appears; a copy of which record, duly authenticated, the plaintiff now here in court produces; which said two several sums of money, amount in the whole, to the sum of to wit, at the county aforesaid;

which said judgment still remains in the said court, in the said State of in full force, strength and effect, not in any wise reversed, annulled, vacated, paid off, or satisfied, and the said W. in his lifetime did not prosecute, sue forth or obtain, any execution of or upon the said judgment, so in form aforesaid recovered, whereby an action hath accrued to the said W. in his lifetime, and to the said plaintiff as administrator as aforesaid since his death, to demand and have of the said defendant the said sum of money last mentioned. Yet, [&c.]

4. On a Judgment in a Foreign Court.

For that, whereas, heretofore, to wit, at a certain court of the kingdom of Great Britain, called the Court of King's Bench, begun and held for Hilary term, at Westminster, in the county of Middlesex, in parts beyond the seas, in the 30th year of the reign of George the third, king of Great Britain, &c. the said plaintiff by the consideration and judgment of the said court, recovered against the said defendant, as well the sum of sterling money of the said kingdom of Great Britain, a certain debt, as the sum of sterling money

of the said kingdom, for his damages which he had sustained, as well by reason of the detention of that debt, as for his costs and charges by him about his suit in that behalf laid out and expended, whereof the said defendant is convict, as by the record and proceedings thereof, remaining in the said court of King's Bench, to wit, at the county aforesaid, more fully appears, which said judgment still remains in that court, to wit, at the county aforesaid, in full force, strength and effect, not in any wise reversed, vacated, paid off or satisfied, and the said plaintiff hath not as yet sued out or obtained any execution of or upon the said judgment, so in form aforesaid recovered, whereby an action hath accrued to the said plaintiff to demand and have of and from the said defendant the debt, damages, costs and charges aforesaid, amounting in the whole to the sum of

sterling money of Great Britain; and the said plaintiff in fact saith, that at the time of the rendering of the said judgment, the debt, damages, costs and charges aforesaid, amounting in the whole as aforesaid to the said sum of

sterling money, was, and still is, of great value, to wit, of the value of dollars, to wit, at the county aforesaid. Yet, &c.

Judgments, Records, &c.

5. On the Judgment of a Justice of the Peace. (t)

For that, whereas, the plaintiff, on [&c.] before G. H., Esquire, one of the justices of the peace in and for the township of, in said county of at the office of the said G. H., in said township, by the judgment of the said G. H., justice of the peace, as aforesaid, recovered against the defendant as well a certain debt of - dollars, as also dollars damages, [according to the judgment; if in assumpsit, see preceding Form No. 2,] and

costs, by him about his suit in that behalf expended, whereof the defendant was convicted, as by the docket of the said G. H. still remaining in the possession of the said G. H. more fully appears; which said judgment for said debt, damages and costs, amounting to a large sum, to wit, dollars, still remains in full

force [&c., as in preceding forms, to the conclusion.

6. On a Recognizance taken by a Justice of the Peace in a criminal case. (u)

For that, whereas, heretofore, to wit, on [&c.] at the township of -——————, in the county of aforesaid, the said C. D. had been arrested and brought before one G. H. then and there being one of the justices of the peace of the said township and county, duly charged, on the oath of one P. P., with having committed [here state the offence, as thus: an assault and battery on the person of the said P. P., to wit, at [&c.] on [&c.]] And whereas, the said G. H., being such justice of the peace as aforesaid, having duly examined into the truth of said charge so made against the said C. D., to wit, on [&c.] at said township and county, then and there required the said C. D. to enter into a recognizance in the sum of dollars, with surety, conditioned that the said C. D. should appear before the then next Court of Common Pleas of said county, on the first day of the term thereof, to be holden in and for said county, to answer the said charge of [&c.] and abide the judgment of the court, and not depart without leave. And the plaintiff avers, that the said C. D., with the said E. F., his surety, in pursuance of said order and requisition of said justice of the peace did then and there, to wit, on the said [&c.], personally appear before the said G. H., justice of the peace as aforesaid, and then and there jointly and severally acknowledged themselves to owe the State of Ohio the sum of

dollars, to be levied of their goods and chattels, lands and tenements, if default should be made in the condition following, to wit, that the said C. D. should personally be and appear before the Court of Common Pleas, on the first day of the term thereof next to be holden in and for the county aforesaid,

(t) See form 9, Cowen, 26; 12 Wend. 473. If the judgment is for an amount above one hundred dollars, it will be safest to show on the face of the declaration that the judgment was by confession; at all events, if the transcript in such case

does not show it, the plaintiff cannot, it seems,
recover. Wright, 717. A special averment of
jurisdiction is unnecessary. 12 Wend. 473.
(u) See State v. Johnson, 13 Ohio Rep. -;
10 Wend. 464; 15 Pick. 193.

Judgments, Records, &c.

and then and there answer to the charge of [Here state the charge as in the recognizance] and abide the judgment of the court and not depart without leave, as by the said recognizance and the record thereof in the same Court of Common Pleas duly entered according to law, and remaining and ready here in court to be shewn, will more fully and at large appear. * And the plaintiff avers, that the said C. D. did not appear before the said Court of Common Pleas, at the term thereof holden in and for the county aforesaid, next after the said recognizance was made and acknowledged as aforesaid, and to which said recognizance was returnable, as by the terms of said recognizance he was bound to do; but being then and there solemnly called to come into court and answer unto said charge of [&c.], as by the terms of his recognizance he was bound to do, came not, but made default; and the said E. F. being then and there solemnly called to come into court and bring with him the body of the said C. D., came not, but made default; by reason whereof, and of the premises, it was then and there considered by said Court of Common Pleas, that the said recognizance be and the same was then and there declared forfeited; as by the record of said forfeiture in said Court of Common Pleas remaining and ready here to the court to be shewn, more fully and at large appears; whereby an action hath accrued to the plaintiff to demand and have from the defendants the said sum of dollars; yet the defendants have not, nor hath either of them paid the same or any part thereof, to the plaintiff's damage dollars; and therefore the plaintiff sues, &c.

Add counts varying the breach, &c., and insert at the asterisk, the following:] And which said recognizance was duly returned to said Court of Common Pleas of said county prior to [or say at] the said then next term thereof, after the same was made and acknowledged as aforesaid, to wit, on [&c.], and a memorandum of said recognizance was entered in the minute book of said court [at the same, or say, if the fact be so, on the first day of the then next] term thereof after the said recognizance was made and acknowledged as aforesaid, to wit, on [&c.], as by the minute book of said court will more fully and at large appear. See Stat., 652, § 24.

7. Recognizance of Bail.

A scire facias is the usual remedy upon recognizance of special bail. Indeed the statute of Ohio does not seem to contemplate any other, though debt could probably be maintained. See Stat., 656, 545. See Stat., 656, 545. See Forms of Declarations in Debt on Recognizances of Bail, 2 Chit. Pl., 8 Am. Ed., 471 to 480; 1 Chit. Prec., 435.

[blocks in formation]

1. On Indenture of Apprenticeship, for dismissing an Apprentice, &c., by an Infant.

Commencement, ante, p. 193, form 8.] For that, whereas, by a certain indenture made on [&c., date,] at the county aforesaid, between the plaintiff and G. B. [the parent or guardian,] by the names of of the one part, and the defendant, by the name of of the other part, sealed with their respective seals, and now here to the court shewn, the date whereof is the day year aforesaid, it was witnessed that the plaintiff, aged day of

and

[ocr errors]

in the year

years, on the by and with the consent of the said G. B. his guardian or father, [according to the indenture] had and did thereby bind himself as an apprentice unto the defendant until [&c., stating the indenture.]

And the plaintiff avers that he did, by virtue of and under the said indenture, after the making thereof, to wit, on [&c.], enter and was received into the service of the defendant, as such his apprentice, in form aforesaid; and did stay and continue in the service of the defendant, as such his apprentice, from thence, for part of the aforesaid term, to wit, until the day of [&c.]'; and the defendant, during the said term of said apprenticeship, in said indenture mentioned, to wit, on, [&c.] at the county aforesaid, without the license, and against the will of the plaintiff and the said G. B., dismissed and put away the plaintiff from the service of the defendant, and from thence until the end of

« EelmineJätka »