Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. Rigdon]

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Docket Entry, Judgment, 3 April 1838 [Boynton and Hyde v. H. Smith] Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. H. Smith] Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. H. Smith] Docket Entry, Judgment, 3 April 1838 [Boynton and Hyde v. Rigdon] Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. Rigdon] Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. Rigdon]
Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. Rigdon]
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. 3 Apr. 1838, Boynton and Hyde v. Rigdon, (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. 356; 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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, [
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. 21 Sept. 1841. Includes notation by
Erastus Spencer
30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...
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, [
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...
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, OH], [ca. 21 Sept. 1841].

Historical Introduction
Page 356
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<
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....
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endorser for costs>

Ray Boynton
13 Dec. 1804–ca. 1854. Merchant. Born in Shelburne, Chittenden Co., Vermont. Son of Jeddediah Boynton. Moved to Hinesburg, Chittenden Co., by 1820. Moved to New York City, by 1831. Married Anna Brookes, 4 June 1833, in New York City. Operated dry goods store...
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&) Lynde

Harry Hyde
ca. 1815–after Sept. 1856. Merchant. Born in Rensselaerville, Albany Co., New York. Son of Isaac Hyde and Lydia Foster. Moved to Brooklyn, Kings Co., New York, by 1832. Partnered with Ray Boynton, 1830s, to operate dry goods store, Boynton & Hyde, in New ...
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)

<U518> vs <U518>)
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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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...
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)

Judgt. for pl[ainti]ffs. April 3. 1838

Damages $881.15

plffs costs 9.66

def[endan]t
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s. do 1.49

Plffs
Deft
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s

Cl[er]k. A. [David D. Aiken]
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2 94 1.49

Sh[eri]ff. Kim. [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 72

Att[orn]y. 5 00

Notations in handwriting of David D. Aiken.
1841 July 8. fi. fa. [
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 & dd, Returned Sept 21. 1841 wholly unsatisfied—
Shff
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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$1.35
Clk
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0.35

My fees & suit on part of the plff have been paid by
J. W. Howden
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, the endorser for costs by suit & judgt. in
attachment
The legal process of seizing the property of a defendant, in whatever hands the same may be found, in order to ensure satisfaction of a judgment or to coerce the defendant into appearing in court and answering the plaintiff’s claim. In some jurisdictions,...
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, before Justice [John] Doolittle

D. D. Aiken
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Notation in handwriting of Erastus Spencer.
Shff [Erastus] Spencer
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s fees paid by
J. W. Howden
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the endorser for costs, by suit.

Erastus Spencer
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[p. 356]
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