Introduction to Bump v. S. Smith and JS

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Introduction to Bump v. S. Smith and JS Promissory Note, 27 September 1837 [Bump v. S. Smith and JS] Docket Entry, circa 2 January 1838 [Bump v. S. Smith and JS]
Introduction to Bump v. S. Smith and JS
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Bump v. S. Smith and JS

Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 2 January 1838

Historical Introduction

Samuel Smith
13 Mar. 1808–30 July 1844. Farmer, logger, scribe, builder, tavern operator. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Royalton, Windsor Co., Vermont, by Mar. 1810; to Lebanon, Grafton Co., New Hampshire, 1811...
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and his brother JS borrowed $43 from
Ebenezer Jennings
ca. Dec. 1793–20 Aug. 1868. Born in Vermont. Served in War of 1812. Married Electa Willard, by ca. 1819. Moved to Geauga Co., Ohio, by 1823; to Nauvoo, Hancock Co., Illinois, by May 1842; and to Genesee Co., Michigan. Died in Genesee Co.
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on 27 September 1837, payable in sixty days “with use,” meaning interest would be assessed. The purpose of the loan is unknown. Apparently
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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then bought the note from Jennings. When the Smiths defaulted on the note, Bump gave an oath against them on 2 January 1838. In response, Justice of the Peace
Warren A. Cowdery
17 Oct. 1788–23 Feb. 1851. Physician, druggist, farmer, editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Married Patience Simonds, 22 Sept. 1814, in Pawlet, Rutland Co. Moved to Freedom, Cattaraugus Co., New York, 1816...
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issued a capias to constable
Luke Johnson
3 Nov. 1807–8 Dec. 1861. Farmer, teacher, doctor. Born at Pomfret, Windsor Co., Vermont. Son of John Johnson and Alice (Elsa) Jacobs. Lived at Hiram, Portage Co., Ohio, when baptized into Church of Jesus Christ of Latter-day Saints by JS, 10 May 1831. Ordained...
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, who noted in his return that JS was in his custody; Samuel Smith was not found.
1
Docket Entry, ca. 2 Jan. 1838 [Bump v. S. Smith and JS]; “Usury,” in American Dictionary; “Cepi,” in Bouvier, Law Dictionary, 1:161. When a summons was not the first process in an action, the law allowed a capias to be issued “where it shall be proven on oath or affirmation, to the satisfaction of the justice, that the plaintiff will be in danger of losing his or her debt, or demand, unless the defendant shall be arrested.” It does not appear that the oath preceding the capias had to be written. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, p. 1745, sec. 11.)
Comprehensive Works Cited
An American Dictionary of the English Language: Intended to Exhibit, I. the Origin, Affinities and Primary Signification of English Words, as far as They Have Been Ascertained. . . . Edited by Noah Webster. New York: S. Converse, 1828.
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.
The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.
JS confessed judgment on the note and was assessed damages for $44.10 plus $1.04 costs ($45.14 total). Text in the docket entry suggests Cowdery issued an
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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that was served by the plaintiff, contrary to state statute.
2
Docket Entry, ca. 2 Jan. 1838 [Bump v. S. Smith and JS]. The execution should have been served by a constable. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, pp. 1744, 1758, secs. 2, 114.)
Comprehensive Works Cited
Bump obtained property valued at $37.76 for payment of the judgment, with an additional $7.28 received in May. The judgment was paid in full; however, the sum payment indicates ten cents in court fees remained due.
3
Docket Entry, ca. 2 Jan. 1838 [Bump v. S. Smith and JS].

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)
September (1)
27 September 1837
Samuel Smith and JS, Promissory Note, Kirtland Township, Geauga Co., OH, to Ebenezer Jennings
27 Sept. 1837. Not extant.
Ca. 2 Jan. 1838; in Docket Entry, Cowdery, Docket Book, 282; handwriting of Warren A. Cowdery.

Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court
1838 (3)
January (3)
2 January 1838
Warren A. Cowdery, Capias, to Luke Johnson, for Samuel Smith and JS, Kirtland Township, Geauga Co., OH
2 Jan. 1838. Not extant.
1
See Docket Entry, ca. 2 Jan. 1838 [Bump v. S. Smith and JS].

2 January 1838
Execution, Kirtland Township, Geauga Co., OH
2 Jan. 1838. Not extant.
1
See Docket Entry, ca. 2 Jan. 1838 [Bump v. S. Smith and JS].

Ca. 2 January 1838
Docket Entry, Kirtland Township, Geauga Co., OH
Ca. 2 Jan. 1838; Cowdery, Docket Book, 282; handwriting of Warren A. Cowdery; signature of Jacob Bump.

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Footnotes
[1]
Docket Entry, ca. 2 Jan. 1838 [Bump v. S. Smith and JS]; “Usury,” in American Dictionary; “Cepi,” in Bouvier, Law Dictionary, 1:161. When a summons was not the first process in an action, the law allowed a capias to be issued “where it shall be proven on oath or affirmation, to the satisfaction of the justice, that the plaintiff will be in danger of losing his or her debt, or demand, unless the defendant shall be arrested.” It does not appear that the oath preceding the capias had to be written. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, p. 1745, sec. 11.)
An American Dictionary of the English Language: Intended to Exhibit, I. the Origin, Affinities and Primary Signification of English Words, as far as They Have Been Ascertained. . . . Edited by Noah Webster. New York: S. Converse, 1828.
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.
[2]
Docket Entry, ca. 2 Jan. 1838 [Bump v. S. Smith and JS]. The execution should have been served by a constable. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, pp. 1744, 1758, secs. 2, 114.)
[3]
Docket Entry, ca. 2 Jan. 1838 [Bump v. S. Smith and JS].