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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.]

Introduction to Bailey & Reynolds v. Rigdon et al.

Page

Bailey & Reynolds v. Rigdon, JS, H. Smith, Bosley, and Johnson
Geauga Co., Ohio, Court of Common Pleas, 4 June 1838
 
Historical Introduction
In October 1837,
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...

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and Henry Reynolds commenced legal proceedings in the
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
, Ohio, Court of Common Pleas against
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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, 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...

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,
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...

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, 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...

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in an action of assumpsit to recover an unpaid debt. The debt originated on 13 April 1837, when Rigdon, JS, and the others gave two promissory notes for $825 each to
John 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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, a dry goods merchant in
Painesville Township

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

More Info
, Ohio.
1

Capias ad Respondendum, 25 Oct. 1837 [Bailey & Reynolds v. Rigdon et al.]; see also Statement of Account from John Howden, 29 Mar. 1838; and Introduction to Boynton and Hyde v. JS.


At some point between April and October, Howden transferred one of the notes to Bailey and Reynolds, who operated a dry goods store under the firm Bailey & Reynolds in
New York City

Dutch founded New Netherland colony, 1625. Incorporated under British control and renamed New York, 1664. Harbor contributed to economic and population growth of city; became largest city in American colonies. British troops defeated Continental Army under...

More Info
.
2

The dry goods store was located at 125 Pearl Street in New York City. The court transcript identified Reynolds as Henry J. Reynolds, while the New York directory listed him as Henry H. Reynolds. (Longworth’s American Almanac, 70, 517; Williams, New-York Annual Register, 506; Capias ad Respondendum, 25 Oct. 1837 [Bailey & Reynolds v. Rigdon et al.].)


Comprehensive Works Cited

Longworth’s American Almanac, New-York Register, and City Directory, of the Sixty-Second Year of American Independence. . . . New York: Thomas Longworth, 1837.

Williams, Edwin. New-York Annual Register for the Year of Our Lord 1836. Containing an Almanac, Civil and Judicial List; with Political, Statistical and Other Information, respecting the State of New-York and the United States. New York: Edwin Williams, 1836.

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...

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and Reynolds brought the suit through their attorneys
Benjamin Bissell

1805–13 Oct. 1878. Lawyer, senator, judge. Born at Hartwick, Otsego Co., New York. Son of Benjamin Bissell and Elizabeth Heath. Moved to Painesville, Geauga Co., Ohio, Jan. 1829. Married Sarah Bright, 10 Apr. 1829, at Painesville. Partner with Salmon B. Axtell...

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and
Salmon Axtell

6/8 Sept. 1815–20 Aug. 1861. Lawyer. Born in Wilmington, Windham Co., Vermont. Son of Silas Axtell and Deborah Perry. Moved to Chautauque Co., New York, ca. 1826. Lived in Carroll, Chautauque Co., 1830. Moved to Perry, Geauga Co., Ohio, fall 1831. Studied...

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, and the
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
Court of Common Pleas issued a writ of
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
against the defendants on 25 October 1837.
3

Capias ad Respondendum, 25 Oct. 1837 [Bailey & Reynolds v. Rigdon et al.]; Docket Entry, Costs, ca. 3 Apr. 1838 [Bailey & Reynolds v. Rigdon et al.]. During the October term of the court of common pleas, Ray Boynton and Harry Hyde, to whom Howden had transferred the other $825 promissory note signed by Rigdon, JS, and their associates, also commenced an action to recover the debt owed to them. (See Introduction to Boynton and Hyde v. JS.)


However, none of the five men were found, and the case was continued to the April 1838 term.
4

Capias ad Respondendum, 25 Oct. 1837 [Bailey & Reynolds v. Rigdon et al.]. JS, Rigdon, and Hyrum Smith had left Kirtland Township, Ohio, to travel to Far West, Missouri, in late September 1837 to meet with the Latter-day Saints there and transact church business. (See Historical Introduction to Minutes, 6 Nov. 1837; and Historical Introduction to Travel Account and Questions, Nov. 1837.)


Sometime between October 1837 and April 1838, the parties settled their debt under unknown terms.
5

Transcript of Proceedings, ca. 3 Apr. 1838 [Bailey & Reynolds v. Rigdon et al.]. The settlement was likely arranged by church agent Oliver Granger, who had taken responsibility for repaying JS’s debts to merchants in Ohio and New York after JS and Rigdon moved from Kirtland in January 1838. (See Historical Introduction to Statement of Account from John Howden, 29 Mar. 1838; Historical Introduction to Revelation, 8 July 1838–E [D&C 117]; Historical Introduction to Letter of Introduction from John Howden, 27 Oct. 1838; and Historical Introduction to Revelation, 12 Jan. 1838–C.)


The court ruled that the plaintiffs pay the court costs, and the case was discontinued in the June 1838 court term.
6

See Docket Entry, Costs, ca. 3 Apr. 1838 [Bailey & Reynolds v. Rigdon et al.]; and Docket Entry, Discontinuance, 4 June 1838 [Bailey & Reynolds v. Rigdon et al.].


 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 

1837 (1)

April (1)

13 April 1837

Sidney Rigdon and Others, Promissory Note, Geauga Co., OH, to John Howden

  • 13 Apr. 1837. Not extant.
    1

    See Transcript of Proceedings, ca. 3 Apr. 1838 [Bailey & Reynolds v. Rigdon et al.].


 
Geauga Co., Ohio, Court of Common Pleas

1837 (1)

October (1)

25 October 1837

Charles H. Foot, Capias ad Respondendum, to Geauga Co. Sheriff, for Sidney Rigdon and Others, Chardon, Geauga Co., OH

  • 25 Oct. 1837. Not extant.
  • Ca. 3 Apr. 1838; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. V, p. 5, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

1838 (5)

April (3)

Ca. 3 April 1838

Docket Entry, Costs, Chardon, Geauga Co., OH

  • Ca. 3 Apr. 1838; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 348, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
Ca. 3 April 1838

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 3 Apr. 1838; Geauga County Court of Common Pleas, Common Pleas Record, vol. V, p. 5, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; signature presumably of Van R. Humphrey.
Ca. 3 April 1838

Execution, Geauga Co., OH

  • Ca. 3 Apr. 1838. Not extant.
    1

    See Transcript of Proceedings, ca. 3 Apr. 1838 [Bailey & Reynolds v. Rigdon et al.]. Although the transcript includes instruction for an execution to be issued, the execution is not recorded in the execution docket book.


June (2)

4 June 1838

Docket Entry, Discontinuance, Chardon, Geauga Co., OH

  • 4 June 1838; Geauga County Court of Common Pleas, Journal, vol. N, p. 346, Geauga County Archives and Records Center, Chardon, OH; unidentified handwriting.
Ca. 4 June 1838

Docket Entry, Costs, Chardon, Geauga Co., OH

  • Ca. 4 June 1838; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 470, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
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Related Case Documents
Editorial Title
Introduction to Bailey & Reynolds v. Rigdon et al.
ID #
15841
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Capias ad Respondendum, 25 Oct. 1837 [Bailey & Reynolds v. Rigdon et al.]; see also Statement of Account from John Howden, 29 Mar. 1838; and Introduction to Boynton and Hyde v. JS.

    2. [2]

      The dry goods store was located at 125 Pearl Street in New York City. The court transcript identified Reynolds as Henry J. Reynolds, while the New York directory listed him as Henry H. Reynolds. (Longworth’s American Almanac, 70, 517; Williams, New-York Annual Register, 506; Capias ad Respondendum, 25 Oct. 1837 [Bailey & Reynolds v. Rigdon et al.].)

      Longworth’s American Almanac, New-York Register, and City Directory, of the Sixty-Second Year of American Independence. . . . New York: Thomas Longworth, 1837.

      Williams, Edwin. New-York Annual Register for the Year of Our Lord 1836. Containing an Almanac, Civil and Judicial List; with Political, Statistical and Other Information, respecting the State of New-York and the United States. New York: Edwin Williams, 1836.

    3. [3]

      Capias ad Respondendum, 25 Oct. 1837 [Bailey & Reynolds v. Rigdon et al.]; Docket Entry, Costs, ca. 3 Apr. 1838 [Bailey & Reynolds v. Rigdon et al.]. During the October term of the court of common pleas, Ray Boynton and Harry Hyde, to whom Howden had transferred the other $825 promissory note signed by Rigdon, JS, and their associates, also commenced an action to recover the debt owed to them. (See Introduction to Boynton and Hyde v. JS.)

    4. [4]

      Capias ad Respondendum, 25 Oct. 1837 [Bailey & Reynolds v. Rigdon et al.]. JS, Rigdon, and Hyrum Smith had left Kirtland Township, Ohio, to travel to Far West, Missouri, in late September 1837 to meet with the Latter-day Saints there and transact church business. (See Historical Introduction to Minutes, 6 Nov. 1837; and Historical Introduction to Travel Account and Questions, Nov. 1837.)

    5. [5]

      Transcript of Proceedings, ca. 3 Apr. 1838 [Bailey & Reynolds v. Rigdon et al.]. The settlement was likely arranged by church agent Oliver Granger, who had taken responsibility for repaying JS’s debts to merchants in Ohio and New York after JS and Rigdon moved from Kirtland in January 1838. (See Historical Introduction to Statement of Account from John Howden, 29 Mar. 1838; Historical Introduction to Revelation, 8 July 1838–E [D&C 117]; Historical Introduction to Letter of Introduction from John Howden, 27 Oct. 1838; and Historical Introduction to Revelation, 12 Jan. 1838–C.)

    6. [6]

      See Docket Entry, Costs, ca. 3 Apr. 1838 [Bailey & Reynolds v. Rigdon et al.]; and Docket Entry, Discontinuance, 4 June 1838 [Bailey & Reynolds v. Rigdon et al.].

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