Introduction to Holmes v. Dayton et al.

Home >
The Papers >

Introduction to Holmes v. Dayton et al. Summons, 28 March 1837 [Holmes v. Dayton et al.] Declaration, circa 25 April 1837 [Holmes v. Dayton et al.] Docket Entry, 5 June 1837 [Holmes v. Dayton et al.] Transcript of Proceedings, circa 5 June 1837 [Holmes v. Dayton et al.] Docket Entry, Costs, circa 5 June 1837 [Holmes v. Dayton et al.] Notice, 23 June 1837 [Holmes v. Dayton et al.]
Introduction to Holmes v. Dayton et al.
Page
Hide editing marks

Holmes v. Dayton, Slitor, and JS

Geauga Co., Ohio, Court of Common Pleas, 5 June 1837

Historical Introduction

On 15 November 1836, JS,
Hiram Dayton
1 Nov. 1798–10 Dec. 1881. Farmer, canal builder. Born at Herkimer, Herkimer Co., New York. Son of Friend Dayton and Anne Herrington. Married Permelia Bundy, 1 Nov. 1820. Moved to Parkman, Geauga Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter...
View Full Bio
, and
Truman Slitor
27 Mar. 1809–before 1896. Farmer, carpenter, sawmill operator. Born in Schuyler, Herkimer Co., New York. Son of James Slitor and Fannie Mandigo. Married Jane Vanzandt. Moved to Burton, Geauga Co., Ohio, by 1830. Moved to Potter, Yates Co., New York, by 1834...
View Full Bio
signed a promissory note for $208.30, which they gave to Ezra Holmes. The reason they took on the debt is unknown, but each of these men was involved in land transactions in the
Kirtland Township
Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...
More Info
, Ohio, area in fall 1836.
1
For a sample of JS land transactions in fall 1836, some of which he purchased individually and some with financial help from other Latter-day Saints, see JSP, D5:295n60; see also Geauga Co., OH, Deed Records, 1795–1921, v. 22, pp. 340, 345–346, microfilm 20,239, U.S. and Canada Record Collection, FHL. On 5 October 1836, William Miller, William Smith, Don Carlos Smith, and JS contracted with Peter French and his wife, Sarah, for $11,777.50 for slightly more than 239 acres of land in Kirtland Township. This was the largest documented land purchase JS made in Ohio. (Mortgage to Peter French, 5 Oct. 1836.)
Comprehensive Works Cited
JSP, D5 / Rogers, Brent M., Elizabeth A. Kuehn, Christian K. Heimburger, Max H Parkin, Alexander L. Baugh, and Steven C. Harper, eds. Documents, Volume 5: October 1835–January 1838. Vol. 5 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
U.S. and Canada Record Collection. FHL.
Dayton was a church member at the time, and Slitor may have been as well; he was baptized before September 1837, when he was ordained an elder.
2
Kirtland Elders Quorum, “Record,” 26 Sept. 1837.
Kirtland Elders Quorum. “A Record of the First Quorurum of Elders Belonging to the Church of Christ: In Kirtland Geauga Co. Ohio,” 1836–1838, 1840–1841. CCLA.
The two men were related by marriage; Slitor’s older brother Richard was married to Dayton’s sister Amanda.
3
Pioneer and General History of Geauga County, 462–463.
Historical Society of Geauga County. Pioneer and General History of Geauga County, with Sketches of Some of the Pioneers and Prominent Men. Evansville, IN: Unigraphic, 1973.

JS,
Dayton
View Full Bio
, and
Slitor
View Full Bio
failed to repay the note on 1 January 1837, when it was due, and Holmes brought this
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.”
View Glossary
action.
4
Apparently $25 of the debt was paid, as the judgment was not for $208.30, but $183.30.
Though JS and Slitor were personally served with notice of the action against them, the defendants failed to appear for the trial during the court’s June term.

The reason JS did not appear may have been his involvement in other legal actions, one a criminal action based on
Grandison Newell
2 May 1785–10 June 1874. Farmer, clockmaker, furniture maker, manufacturer, merchant, banker. Born in Barkhamsted, Litchfield Co., Connecticut. Son of Solomon Newell and Damaris Johnson. Married Betsy Smith, 16 Apr. 1807. Moved to Winsted, Litchfield Co.;...
View Full Bio
’s accusation that JS had tried to kill him,
5
See Transcript of Proceedings, 5 June 1837, State of Ohio on Complaint of Newell v. JS [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. T, p. 53, microfilm 20,279, U.S. and Canada Record Collection, FHL. This criminal action transpired at the end of May and first of June 1837, approximately the time the default judgment was rendered in the Holmes case. (Firmage and Mangrum, Zion in the Courts, 55.)
Firmage, Edwin Brown, and Richard Collin Mangrum. Zion in the Courts: A Legal History of the Church of Jesus Christ of Latter-day Saints, 1830–1890. Urbana: University of Illinois Press, 1988.
and another a civil action brought by
Timothy Martindale
20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...
View Full Bio
, concerning a $5,000 note.
6
Historical Introduction to Letter from Newel K. Whitney, 20 Apr. 1837; Transcript of Proceedings, ca. 5 June 1837 [Martindale v. JS et al.].
Though JS,
Slitor
View Full Bio
, and
Dayton
View Full Bio
failed to appear in court, they did satisfy the judgment against them on 15 July 1837.

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)
November (1)
15 November 1836
Hiram Dayton and Others, Promissory Note, Kirtland Township, Geauga Co., OH, to Ezra Holmes
15 Nov. 1836. Not extant.
1
See Transcript of Proceedings, ca. 5 June 1837 [Holmes v. Dayton et al.].

Holmes v. Dayton et al., Court of Common Pleas
1837 (7)
March (1)
28 March 1837
David D. Aiken, Summons, to Geauga Co. Sheriff, for Hiram Dayton and Others, Chardon, Geauga Co., OH
28 Mar. 1837. Not extant.
1
Copy of summons left with Hiram Dayton’s wife, Permelia Dayton. (See Transcript of Proceedings, ca. 5 June 1837 [Holmes v. Dayton et al.].)
2
Copy of summons left with Truman Slitor. (See Transcript of Proceedings, ca. 5 June 1837 [Holmes v. Dayton et al.].)
3
Copy of summons left with JS. (See Transcript of Proceedings, ca. 5 June 1837 [Holmes v. Dayton et al.].)
Ca. 5 June 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 86, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.

April (1)
Ca. 25 April 1837
Ezra Holmes, Declaration, Geauga Co., OH
Ca. 25 Apr. 1837. Not extant.
Ca. 25 June 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 86–87, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.

June (5)
5 June 1837
Docket Entry, Chardon, Geauga Co., OH
5 June 1837; Geauga County Court of Common Pleas, Journal, vol. N, p. 190, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.

Ca. 5 June 1837
Transcript of Proceedings, Chardon, Geauga Co., OH [Holmes v. Dayton et al.]
Ca. 5 June 1837; Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 86–87, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; signature presumably of Van R. Humphrey.

Ca. 5 June 1837
Docket Entry, Costs, Chardon, Geauga Co., OH
Ca. 5 June 1837; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 53, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; signature of Heber Canfield; notations in handwriting of David D. Aiken.

19 June 1837
Fieri Facias, Chardon, Geauga Co., OH
19 June 1837. Not extant.
1
See Docket Entry, Costs, ca. 5 June 1837 [Holmes v. Dayton et al.].

23 June 1837
Heber Canfield on behalf of Abel Kimball, Notice, Geauga Co., OH
23 June 1837; “Sheriff Sale,” Painesville (OH) Telegraph, 23 June 1837, [3].

View entire transcript
|
Cite this page
Source Note
Document Transcript
Page
Document Information
Footnotes
[1]
For a sample of JS land transactions in fall 1836, some of which he purchased individually and some with financial help from other Latter-day Saints, see JSP, D5:295n60; see also Geauga Co., OH, Deed Records, 1795–1921, v. 22, pp. 340, 345–346, microfilm 20,239, U.S. and Canada Record Collection, FHL. On 5 October 1836, William Miller, William Smith, Don Carlos Smith, and JS contracted with Peter French and his wife, Sarah, for $11,777.50 for slightly more than 239 acres of land in Kirtland Township. This was the largest documented land purchase JS made in Ohio. (Mortgage to Peter French, 5 Oct. 1836.)
JSP, D5 / Rogers, Brent M., Elizabeth A. Kuehn, Christian K. Heimburger, Max H Parkin, Alexander L. Baugh, and Steven C. Harper, eds. Documents, Volume 5: October 1835–January 1838. Vol. 5 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
[2]
Kirtland Elders Quorum, “Record,” 26 Sept. 1837.
Kirtland Elders Quorum. “A Record of the First Quorurum of Elders Belonging to the Church of Christ: In Kirtland Geauga Co. Ohio,” 1836–1838, 1840–1841. CCLA.
[3]
Pioneer and General History of Geauga County, 462–463.
Historical Society of Geauga County. Pioneer and General History of Geauga County, with Sketches of Some of the Pioneers and Prominent Men. Evansville, IN: Unigraphic, 1973.
[4]
Apparently $25 of the debt was paid, as the judgment was not for $208.30, but $183.30.
[5]
See Transcript of Proceedings, 5 June 1837, State of Ohio on Complaint of Newell v. JS [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. T, p. 53, microfilm 20,279, U.S. and Canada Record Collection, FHL. This criminal action transpired at the end of May and first of June 1837, approximately the time the default judgment was rendered in the Holmes case. (Firmage and Mangrum, Zion in the Courts, 55.)
Firmage, Edwin Brown, and Richard Collin Mangrum. Zion in the Courts: A Legal History of the Church of Jesus Christ of Latter-day Saints, 1830–1890. Urbana: University of Illinois Press, 1988.
[6]
Historical Introduction to Letter from Newel K. Whitney, 20 Apr. 1837; Transcript of Proceedings, ca. 5 June 1837 [Martindale v. JS et al.].