Docket Entry, Costs, circa 24 October 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney]

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Introduction to JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney Summons, 9 June 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney] Declaration, circa 10 July 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney] Docket Entry, Judgment, 24 October 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney] Transcript of Proceedings, circa 24 October 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney] Docket Entry, Costs, circa 24 October 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney]
Docket Entry, Costs, circa 24 October 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney]
Source Note
Docket Entry, Costs, [
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. ...
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, Geauga Co., OH], ca. 24 Oct. 1837, JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas,
Execution
“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...
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Docket, vol. G, p. 114; handwriting of
David 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...
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; Geauga County Archives and Records Center, Chardon, OH. Includes notations by
David D. Aiken
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, ca. 6 Nov. 1837 and ca. 1 May 1839. Includes notation by Charles H. Foot, [
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. ...
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, Geauga Co., OH], ca. 26 Feb. 1838.
Historical Introduction
Page 114
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Joseph Smith Jr.
use
“When a suit is brought in the name of one person for the use of another, the only object of naming the assignee in the suit, is to show who controls (or actually owns) the suit, and to whom the officer may pay over the avails of the judgement.”
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)
[Reuben] Hitchcock
2 Sept. 1806–9 Dec. 1883. Attorney, judge, railroad executive. Born in Burton, Geauga Co., Ohio. Son of Peter Hitchcock and Nabby Cook. Moved to New Haven, New Haven Co., Connecticut. Graduated from Yale University, 1826. Taught at Burton Academy, ca. 1826...
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of
John Hitchcock
16 Feb. 1785–9 Mar. 1844. Merchant. Born in Greenwich, Fairfield Co., Connecticut. Son of Thomas Hitchcock and Clemence Reynolds. Married Electa Hall. Moved to New York City, by 1810. Died in New York City.
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&)

James R. Hitchcock
4 Apr. 1814–23 Mar. 1869. Merchant. Born in New York City. Son of John Hitchcock and Electa Hall. Presbyterian. Married Eleanor, after 1850. Died in New York City.
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)
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.”
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.

vs U. <275>)

Elijah Cheney
14 Sept. 1785–3 Nov. 1863. Farmer, laborer. Born at Great Barrington, Berkshire Co., Massachusetts. Son of John Cheney and Elizabeth Granger. Married Achsa Thompson, 14 Mar. 1811. Moved to Bethany, Genesee Co., New York, by 1812; to Sempronius, Cayuga Co....
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.)

Judgt. for pl[ainti]ff. Oct. 24. 1837.

Damages $213.92

Plffs costs 9.79

Def[endan]t
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s do .67

Plff
Deft.
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Cl[er]k. A. [David D. Aiken]
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3 27 .67

Sh[eri]ff K [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...
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1 52

Att[orne]y.
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5.00

Notation in handwriting of David D. Aiken.
1837 Nov. 6
fi. fa.
Abbreviated “fi. fa.” It is a writ of execution “that lies for him who has recovered any debt or damages. . . . It is a command to the sheriff, that of the goods and chattels of the party he cause to be made the sum recovered by the judgment.”
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[
fieri facias
Abbreviated “fi. fa.” It is a writ of execution “that lies for him who has recovered any debt or damages. . . . It is a command to the sheriff, that of the goods and chattels of the party he cause to be made the sum recovered by the judgment.”
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] issued &. d.d to
Shff. Kimball
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Notation in handwriting of Charles H. Foot.
Retd. Feb. 26. 1838 wholly unsatisfied for want of property
Shff
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fees $1.35 Clks. 0.35

Notation in handwriting of David D. Aiken.
Rec’d May 1. 1839 of
R Hitchcock
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plff’s Atty three ⁹²/₁₀₀ dollars
clk
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s fees on part of plff—
D. D. Aiken
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—
Shff
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s fees paid & Rcpt on file— [43 lines blank] [p. 114]
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