Docket Entry, Costs, circa 3 April 1838 [Stannard v. Young and JS]

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Introduction to Stannard v. Young and JS Summons, 28 October 1837 [Stannard v. Young and JS] Declaration, circa 4 December 1837 [Stannard v. Young and JS] Docket Entry, Judgment, 3 April 1838 [Stannard v. Young and JS] Docket Entry, Costs, circa 3 April 1838 [Stannard v. Young and JS] Transcript of Proceedings, circa 3 April 1838 [Stannard v. Young and JS]
Docket Entry, Costs, circa 3 April 1838 [Stannard v. Young and JS]
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, Stannard v. Young and JS (Geauga Co., OH, Court of Common Pleas 1838); 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. 359; handwriting of Charles H. Foot; Geauga County Archives and Records Center, Chardon, OH. Notations by
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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, [
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. Notations by unidentified scribe with signature of
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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, ca. 3 Apr. 1838. Notations by John French, 4 Oct. 1842, 15 Oct. 1842, and 28 Mar. 1843.
Historical Introduction
Page 359
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Claudius Stan[n]ard)
[Lord] Sterling
14 May 1805–21 Jan. 1905. Lawyer, judge. Born in Lima, Ontario Co., New York. Son of James Sterling and Mabel Chester. Married Ellen Elizabeth Allen Sterling, 1 Nov. 1835. Moved to Willoughby, Lake Co., Ohio, before 1837. Admitted to the bar, 1837. Attorney...
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vs <U 585.>)
Insertion in unidentified handwriting.

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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Brigham Young
1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...
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&)

Joseph Smith Jnr)

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

Damages <$256.40>

plffs costs <9.83>

def[endan]ts do <.61>
Insertions in handwriting of John French.

Plffs Defts

Cl[er]k. A. [David D. Aiken]
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<2 71.> <61.>

Sh[eri]ff Kim [Abel Kimball]
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<2 12>

Att[orne]y Akt <5 00>
Insertions in unidentified handwriting.

Notation in handwriting of David D. Aiken.
Rec’d of plff five ⁴⁴/₁₀₀ dollars
D. D. Aiken
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Notation in unidentified handwriting.
Rec’d of
D D Aiken
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two ¹²/₁₀₀ dollars
Signature of Abel Kimball.
A Kimball
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2 Sff

Notation in unidentified handwriting.
The above Judgt revived by
Scire facias
A writ “founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the advantage of such record.” Examples of its use were to revive a judgment not yet executed, “in order to give an opportunity to the defendant ...
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Notations in handwriting of John French.
in favor of
Jacob Bump
1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...
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Administrator of Claudius Stannard <for the sum of $338.93> Oct. 4. 1842 see Com Pleas Records Book & A. A. Page 474 Costs in
sci fa
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[scire facias] $7.13

1842 Oct 15
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 & dd Shff <of Lake Co.>
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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Retd. March 28. 1843 Shff having for want of goods & chattels levied on lands which were duly appraised, advertised & offered for sale but remained unsold for want of bidders Shffs fees $10.05. Clerk 0.35 [11 lines blank]

Costs on
Scire Facias
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Plff Deft

Clerk
A
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.18 .16

" [Reuben] St John 3 05 .67

Shff Spen [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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2 51

[p. 359]
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