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Introduction to Barker for the use of Bump v. JS and O. Cowdery

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Introduction to Barker for the use of Bump v. JS and O. Cowdery Promissory Note to William Barker, 7 July 1836 Capias ad Respondendum, 26 July 1837 [Barker for the use of Bump v. JS and O. Cowdery] Docket Entry, Costs, circa 24 October 1837 [Barker for the use of Bump v. JS and O. Cowdery] Transcript of Proceedings, circa 24 October 1837 [Barker for the use of Bump v. JS and O. Cowdery]

Introduction to Barker for the use of Bump v. JS and O. Cowdery

Page

Barker for the use of Bump v. JS and O. Cowdery
Geauga Co., Ohio, Court of Common Pleas, circa 24 October 1837
 
Historical Introduction
On 26 July 1837, through his attorneys and commenced litigation against JS and to reclaim an unpaid promissory note owed to Latter-day Saint . JS and Cowdery had become indebted to Barker on 7 July 1836 in the amount of $621.32. The promissory note they gave him was intended to be paid in money or land by 1 September 1836. At some point before 26 July 1837, the note was assigned to Bump and a balance of $214.34 remained unpaid. On 26 July, the Court of Common Pleas issued a capias for JS and Cowdery’s apprehension. Sheriff took JS into custody the next day as he and several other church leaders traveled through , Ohio, on a trip north to visit Latter-day Saints in . When Kimball took JS’s bail bond, Anson Cook and others signed the bond as sureties guaranteeing JS’s appearance at the next term of court. The debt was apparently satisfied before the October term, however, and the plaintiff discontinued the suit.
 
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.
 

1836 (1)

July (1)

7 July 1836

JS and Oliver Cowdery, Promissory Note, Kirtland Township, Geauga Co., OH, to William Barker

 
Geauga Co., Ohio, Court of Common Pleas

1837 (5)

July (2)

26 July 1837

Charles H. Foot, Capias ad Respondendum, to Geauga Co. Sheriff, for JS and Oliver Cowdery, Chardon, Geauga Co., OH

27 July 1837

Anson Cook and Others, Bond, Geauga Co., OH

October (3)

Ca. 24 October 1837

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

  • Ca. 24 Oct. 1837; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 213, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notations in handwriting of David D. Aiken with signature of Abel Kimball.
Ca. 24 October 1837

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 24 Oct. 1837; Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 237, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; signature presumably of Van R. Humphrey.
Ca. 24 October 1837

Execution, Chardon, Geauga Co., OH

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Editorial Title
Introduction to Barker for the use of Bump v. JS and O. Cowdery
ID #
15350
Total Pages
1
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    Footnotes

    1. [1]

      Hitchcock and Wilder were partners in the Painesville, Ohio, law firm Hitchcock & Wilder. (History of Geauga and Lake Counties, Ohio, 61.)

      History of Geauga and Lake Counties, Ohio, with Illustrations and Biographical Sketches of Its Pioneers and Most Prominent Men. Philadelphia: Williams Brothers, 1878.

    2. [2]

      Capias ad Respondendum, 26 July 1837 [Barker for the use of Bump v. JS and O. Cowdery]. “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 the suit, and to whom the officer may pay over the avails of the judgment.” (Swan, Practice in Civil Actions and Proceedings at Law in Ohio, 1:36.)

      Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

    3. [3]

      Promissory Note, 7 July 1836 [Barker for the use of Bump v. JS and O. Cowdery]; Capias ad Respondendum, 26 July 1837 [Barker for the use of Bump v. JS and O. Cowdery]. This writ commands the officer to arrest the defendant and bring him before the court to answer the plaintiff’s charges. (“Capias ad Respondendum,” in Bouvier, Law Dictionary, 1:152; An Act Concerning Mesne Process in Civil and Criminal Cases [10 Feb. 1831], Statutes of Ohio, vol. 3, p. 1718, sec. 1.)

      Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

      Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

    4. [4]

      Transcript of Proceedings, ca. 24 Oct. 1837 [Barker for the use of Bump v. JS and O. Cowdery]. JS was accompanied by Sidney Rigdon, Brigham Young, and Thomas B. Marsh. They were stopped en route at Painesville, where JS was detained “all day by malicious and vexatious Law suits.” He and Rigdon were taken into custody in relation to Seymour & Griffith v. Rigdon and JS, and JS was also arrested in connection with the Barker suit. According to Young, JS was arrested six times that day. (JS History, vol. B-1, 767, addenda, 6nS; Minutes, 3 September 1837; Introduction to Seymour & Griffith v. Rigdon and JS; “History of Brigham Young,” Deseret News, 10 Feb. 1858, 386.)

      Deseret News. Salt Lake City. 1850–.

    5. [5]

      Transcript of Proceedings, ca. 24 Oct. 1837 [Barker for the use of Bump v. JS and O. Cowdery].

    6. [6]

      Transcript of Proceedings, ca. 24 Oct. 1837 [Barker for the use of Bump v. JS and O. Cowdery].