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Introduction to D. Lake v. JS

D. Lake v. JS
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 4 December 1834
Geauga Co., Ohio, Court of Common Pleas, 19 June 1835
 
Historical Introduction
In November 1834, former Latter-day Saint brought a lawsuit against JS seeking payment for Lake’s participation in the 1834 expedition. After antagonists expelled church members from , Missouri, in late 1833, Latter-day Saints traveled from and to assist the refugees. At the outset, camp members were asked to consecrate, or donate, money or goods to support the expedition. Individuals who brought family members on the march were evidently exempt. There is no indication that participants were promised payment for their services. Lake was listed as donating $0.00 at the march’s commencement; he may have been accompanied by family members.
After returning to , initiated a lawsuit against JS seeking payment for labor and expenses on the expedition. The suit was filed with , justice of the peace for in , and was brought under the common law “action of debt.” Dowen issued a summons for JS on 24 November 1834, and JS appeared for the trial four days later. After the parties gave “the proofs & allegations,” Dowen adjourned the court until 4 December. On that day, he ruled in Lake’s favor and ordered JS to pay $63.67 plus costs of $8.04.
About a week later, JS appealed the decision to the Court of Common Pleas. He entered into a $150 recognizance guaranteeing his ability to pay whatever the court decided upon appeal. On 7 May 1835, , by his attorneys and , filed a declaration stating his claims that JS owed him $200 for his labor and monetary contributions to the camp. Lake also changed the common law action from debt to assumpsit, possibly because the latter action allowed greater flexibility in seeking damages for a breach of contract, whereas a debt suit sought payment of a certain sum. A short time later, JS, by his attorney , filed a plea denying that he made the implied contract with Lake and requesting a jury trial. On 19 June, before the jury could consider the case, Judge Matthew Birchard held that Lake had not adduced sufficient evidence that the contract had been made and “direct[ed] that he [Lake] become non suit,” meaning the suit was dismissed. Lake was ordered to pay his own costs, assessed at $10.86, as well as JS’s $25.64 costs. He evidently failed to pay any of the costs.
 
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.
 
D. Lake v. JS, Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court
 
24 November 1834 Summons, for JS, Kirtland Township, Geauga Co., OH
24 Nov. 1834. Not extant.
 
Between 24 November and 4 December 1834 Docket Entry, Kirtland Township, Geauga Co., OH
Between 24 Nov. and 4 Dec. 1834. Not extant.
10 Dec. 1834. Not extant.
Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book Q, pp. 506–507, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
10 December 1834 Ebenezer Jennings, Bond, Kirtland Township, Geauga Co., OH, to John C. Dowen
10 Dec. 1834. Not extant.
10 Dec. 1834. Not extant.
Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book Q, p. 507, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
D. Lake v. JS, Geauga Co., Ohio, Court of Common Pleas
 
Between 24 November and 4 December 1834 Docket Entry, Copy, Kirtland Township, Geauga Co., OH
10 Dec. 1834. Not extant.
Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book Q, pp. 506–507, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
10 December 1834 Ebenezer Jennings, Bond, Copy, Kirtland Township, Geauga Co., OH
10 Dec. 1834. Not extant.
Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book Q, p. 507, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
Ca. 7 May 1835 Payne and Willson on behalf of Dennis Lake, Declaration, Geauga Co., OH
Ca. 7 May 1835. Not extant.
Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book Q, pp. 507–508, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
Between 7 May and ca. 16 June 1835 Benjamin Bissell on behalf of JS, Plea, Geauga Co., OH
Between 7 May and ca. 16 June 1835. Not extant.
Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book Q, p. 508, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
19 June 1835 Docket Entry, Judgment, Chardon, Geauga Co., OH
19 June 1835; Geauga County Court of Common Pleas, Journal Book M, p. 431, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
Ca. 19 June 1835 Docket Entry, Costs, Chardon, Geauga Co., OH
Ca. 19 June 1835; Geauga County Court of Common Pleas, Execution Docket F, p. 312, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
Ca. 19 June 1835 Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 19 June 1835; Geauga County Court of Common Pleas, Record Book Q, pp. 506–508, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; probable signature of Matthew Birchard.
 
29 June 1835 Fieri Facias, Chardon, Geauga Co., OH
29 June 1835. Not extant.
D. Lake v. JS
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 4 December 1834
Geauga Co., Ohio, Court of Common Pleas, 19 June 1835
 
Historical Introduction
In November 1834, former Latter-day Saint brought a lawsuit against JS seeking payment for Lake’s participation in the 1834 expedition. After antagonists expelled church members from , Missouri, in late 1833, Latter-day Saints traveled from and to assist the refugees. At the outset, camp members were asked to consecrate, or donate, money or goods to support the expedition. Individuals who brought family members on the march were evidently exempt. There is no indication that participants were promised payment for their services. Lake was listed as donating $0.00 at the march’s commencement; he may have been accompanied by family members.
After returning to , initiated a lawsuit against JS seeking payment for labor and expenses on the expedition. The suit was filed with , justice of the peace for in , and was brought under the common law “action of debt.” Dowen issued a summons for JS on 24 November 1834, and JS appeared for the trial four days later. After the parties gave “the proofs & allegations,” Dowen adjourned the court until 4 December. On that day, he ruled in Lake’s favor and ordered JS to pay $63.67 plus costs of $8.04.
About a week later, JS appealed the decision to the Court of Common Pleas. He entered into a $150 recognizance guaranteeing his ability to pay whatever the court decided upon appeal. On 7 May 1835, , by his attorneys and , filed a declaration stating his claims that JS owed him $200 for his labor and monetary contributions to the camp. Lake also changed the common law action from debt to assumpsit, possibly because the latter action allowed greater flexibility in seeking damages for a breach of contract, whereas a debt suit sought payment of a certain sum. A short time later, JS, by his attorney , filed a plea denying that he made the implied contract with Lake and requesting a jury trial. On 19 June, before the jury could consider the case, Judge Matthew Birchard held that Lake had not adduced sufficient evidence that the contract had been made and “direct[ed] that he [Lake] become non suit,” meaning the suit was dismissed. Lake was ordered to pay his own costs, assessed at $10.86, as well as JS’s $25.64 costs. He evidently failed to pay any of the costs.
 
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.
 
D. Lake v. JS, Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court
 
24 November 1834 Summons, for JS, Kirtland Township, Geauga Co., OH
24 Nov. 1834. Not extant.
 
Between 24 November and 4 December 1834 Docket Entry, Kirtland Township, Geauga Co., OH
Between 24 Nov. and 4 Dec. 1834. Not extant.
10 Dec. 1834. Not extant.
Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book Q, pp. 506–507, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
10 December 1834 Ebenezer Jennings, Bond, Kirtland Township, Geauga Co., OH, to John C. Dowen
10 Dec. 1834. Not extant.
10 Dec. 1834. Not extant.
Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book Q, p. 507, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
D. Lake v. JS, Geauga Co., Ohio, Court of Common Pleas
 
Between 24 November and 4 December 1834 Docket Entry, Copy, Kirtland Township, Geauga Co., OH
10 Dec. 1834. Not extant.
Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book Q, pp. 506–507, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
10 December 1834 Ebenezer Jennings, Bond, Copy, Kirtland Township, Geauga Co., OH
10 Dec. 1834. Not extant.
Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book Q, p. 507, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
Ca. 7 May 1835 Payne and Willson on behalf of Dennis Lake, Declaration, Geauga Co., OH
Ca. 7 May 1835. Not extant.
Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book Q, pp. 507–508, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
Between 7 May and ca. 16 June 1835 Benjamin Bissell on behalf of JS, Plea, Geauga Co., OH
Between 7 May and ca. 16 June 1835. Not extant.
Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book Q, p. 508, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
19 June 1835 Docket Entry, Judgment, Chardon, Geauga Co., OH
19 June 1835; Geauga County Court of Common Pleas, Journal Book M, p. 431, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
Ca. 19 June 1835 Docket Entry, Costs, Chardon, Geauga Co., OH
Ca. 19 June 1835; Geauga County Court of Common Pleas, Execution Docket F, p. 312, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
Ca. 19 June 1835 Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 19 June 1835; Geauga County Court of Common Pleas, Record Book Q, pp. 506–508, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; probable signature of Matthew Birchard.
 
29 June 1835 Fieri Facias, Chardon, Geauga Co., OH
29 June 1835. Not extant.