The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
Introduction to Bailey & Reynolds v. Rigdon et al. Capias ad Respondendum, 25 October 1837 [Bailey & Reynolds v. Rigdon et al.] Docket Entry, Costs, circa 3 April 1838 [Bailey & Reynolds v. Rigdon et al.] Transcript of Proceedings, circa 3 April 1838 [Bailey & Reynolds v. Rigdon et al.] Docket Entry, Discontinuance, 4 June 1838 [Bailey & Reynolds v. Rigdon et al.] Docket Entry, Costs, circa 4 June 1838 [Bailey & Reynolds v. Rigdon et al.]

Capias ad Respondendum, 25 October 1837 [Bailey & Reynolds v. Rigdon et al.]

Source Note

Charles H. Foot,
Capias ad Respondendum

Latin for “that you take until answer”; a writ commanding an officer to arrest a defendant to answer the plaintiff’s plea. A defendant arrested on this writ was committed to prison unless a bail bond was given. The amount of bail would be endorsed on the ...

View Glossary
, to
Geauga Co.

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
Sheriff [
Abel Kimball

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

View Full Bio
], for
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
, JS,
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
,
Edmund Bosley

25 June 1776–15 Dec. 1846. Miller. Born at Northumberland, Northumberland Co., Pennsylvania. Son of John P. Bosley and Hannah Bull. Married Ann Kelly of Northumberland Co. Lived at Livonia, Livingston Co., New York, 1792–1834. Moved to Kirtland, Geauga Co...

View Full Bio
, and
John Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

View Full Bio
,
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

More Info
, Geauga Co., OH, 25 Oct. 1837, Bailey & Reynolds v. Rigdon et al. (Geauga Co., OH, Court of Common Pleas 1838). Copied ca. 3 Apr. 1838 in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. V, p. 5; handwriting of Charles H. Foot; Geauga County Archives and Records Center, Chardon, OH. Includes seal.

Historical Introduction

See Introduction to Bailey & Reynolds v. Rigdon et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
Capias ad Respondendum, 25 October 1837 [ Bailey & Reynolds v. Rigdon et al. ]
Transcript of Proceedings, circa 3 April 1838 [ Bailey & Reynolds v. Rigdon et al. ]

Page 5

The State of Ohio)
Geauga County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
ss. [scilicet])
Seal
1

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


To the
Sheriff

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

View Full Bio
of said
County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
. . . Greeting: We command you that you take
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
, Joseph Smith Jr.
Hiram [Hyrum] Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
,
Edmund Bosley

25 June 1776–15 Dec. 1846. Miller. Born at Northumberland, Northumberland Co., Pennsylvania. Son of John P. Bosley and Hannah Bull. Married Ann Kelly of Northumberland Co. Lived at Livonia, Livingston Co., New York, 1792–1834. Moved to Kirtland, Geauga Co...

View Full Bio
&
John Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

View Full Bio
if they be found in your
bailiwick

The county or other district over which an arresting officer has jurisdiction.

View Glossary
and them safely keep so that you have them forthwith before our Court of Common Pleas for said
County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
now sitting at the Court House in
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

More Info
to answer unto
Nathaniel P. Bailey

7 June 1809–12 Oct. 1891. Farmer, land developer, merchant. Born in Chateaugay, Franklin Co., New York. Son of William Bailey and Phebe Platt. Moved to New York City, ca. 1826. Married Eliza Meier Lorillard, 29 July 1836, in New York City. Moved to West Farms...

View Full Bio
& Henry J. Reynolds in a plea of
assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money. Assumpsit was a form of trespass on the case. In Ohio law, it was “the usual remedy upon promissory notes.”

View Glossary
damages one thousand two hundred dollars, and have you then there this writ. Witness
D[avid] D. Aiken

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

View Full Bio
Clerk of said Court at
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

More Info
this twenty fifth day of October A.D. 1837. C[harles] H. Foot Dep. Clerk.
[. . .]
2

TEXT: Explanatory text separates the following notations, presumably copied from the verso of the original document, from the copied body text. The notations copied below are not necessarily a complete representation of all the text on the verso of the original document.


Suit brot on note given by defendants to
John W. Howden

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

View Full Bio
and by him endorsed to plaintiffs for the sum of eight hundred and twenty five dollars dated April 13th 1837. Also for goods sold and delivered, money had & received &c. Oct. 25. 1837 <​A. D.​> 1837.
[. . .]
I have made due and diligent search and cannot find either of the defendants within my bailiwick
A[bel] Kimball

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

View Full Bio
2d. Shff. J[abez] A. Tracy Depty. [p. 5]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page 5

Document Information

Related Case Documents
Editorial Title
Capias ad Respondendum, 25 October 1837 [Bailey & Reynolds v. Rigdon et al.]
ID #
15280
Total Pages
1
Print Volume Location
Handwriting on This Page
  • Charles H. Foot

Footnotes

  1. [1]

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

  2. [2]

    TEXT: Explanatory text separates the following notations, presumably copied from the verso of the original document, from the copied body text. The notations copied below are not necessarily a complete representation of all the text on the verso of the original document.

© 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06