Introduction to Joseph Smith Sr. v. J. Hurlbut
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Introduction to Joseph Smith Sr. v. J. Hurlbut
Promissory Note, 27 March 1818 [Joseph Smith Sr. v. J. Hurlbut]
List of Goods, between 10 May and circa August 1818 [Joseph Smith Sr. v. J. Hurlbut]
List of Services, between circa 12 January and 6 February 1819 [Joseph Smith Sr. v. J. Hurlbut]
Docket Entry, between 12 January and circa 6 February 1819 [Joseph Smith Sr. v. J. Hurlbut]
Bond, 8 February 1819 [Joseph Smith Sr. v. J. Hurlbut]
Capias ad Respondendum, 20 February 1819 [Joseph Smith Sr. v. J. Hurlbut]
Statement of Issues, circa 26 June 1819 [Joseph Smith Sr. v. J. Hurlbut]
Docket Entry, 31 July 1819 [Joseph Smith Sr. v. J. Hurlbut]
Docket Entry, circa 19 August 1819, Draft [Joseph Smith Sr. v. J. Hurlbut]
Docket Entry, circa 19 August 1819 [Joseph Smith Sr. v. J. Hurlbut]
Introduction to Joseph Smith Sr. v. J. Hurlbut
Page
Joseph Smith Sr. v. J. Hurlbut
Ontario Co., New York, Justice of the Peace Court, 6 February 1819
J. Hurlbut v. Joseph Smith Sr.
Ontario Co., New York, Court of Common Pleas, circa August 1819
Historical Introduction
JS’s first recorded interaction with the law occurred at the age of thirteen when he served as a witness in a case brought by his and older brother against , a prominent citizen of , New York. On 27 March 1818, and signed a promissory note to pay Hurlbut sixty-five dollars in grain for the purchase of two horses. During the subsequent summer, Joseph Sr. and his sons Alvin, JS, and worked on the farms of Hurlbut and his widowed mother, performing various services. Hurlbut also sold goods to the Smiths and rented them a plow. The Smiths paid Hurlbut fifty-three dollars toward the note on 18 August 1818. However, in January 1819, before the remaining sum could be paid, Smith Sr. and Alvin brought a “” suit against Hurlbut, asserting that the horses had proven unsound. After an initial hearing before Abraham Spear, a justice of the peace in , New York, the plaintiffs requested a jury trial, which occurred on 6 February 1819. The witnesses included JS and , and the jury awarded the plaintiffs $40.78 in damages and $4.76 in court costs.
The next day, hired an attorney to appeal the verdict to the court of common pleas as well as to initiate a new suit against the Smiths. In June 1819, Hurlbut filed a statement of issues alleging that the Smiths had failed to satisfy the promissory note and claiming $140 in damages. According to the common law , the Smiths were required to file a responding to the statement. However, they were unable to do so, and on 31 July Hurlbut’s attorney motioned that a default judgment be entered. At the August 1819 term of the court of common pleas, First Judge Nathaniel W. Howell and his associate judges held that the Smiths’ failure to appear and file a plea resulted in an interlocutory judgment and Hurlbut was entitled to his damages.
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.
1818 (1)
1818 (1)
March (1)
March (1)
Promissory Note, Joseph Smith Sr. and Alvin Smith, Palmyra, Ontario Co., NY, to Jeremiah Hurlbut
- 27 Mar. 1818; Ontario County Records and Archives Center, Canandaigua, NY; handwriting probably of Joseph Smith Sr.; signatures of Joseph Smith Sr. and possibly Alvin Smith; docket probably in handwriting of Joseph Smith Sr.; notations in handwriting probably of Jeremiah Hurlbut, unidentified scribe, and Abraham Spear.
27 March 1818
Joseph Smith Sr. v. J. Hurlbut, Ontario Co., New York, Justice of the Peace Court
1818 (1)
1818 (1)
August (1)
August (1)
Jeremiah Hurlbut, List of Goods, Palmyra, Ontario Co., NY
- Between 10 May and ca. Aug. 1818. Not extant.
- Between 12 Jan. and 6 Feb. 1819; Ontario County Records and Archives Center, Canandaigua, NY; unidentified handwriting.
Between 10 May and ca. August 1818
1819 (5)
1819 (5)
January (3)
January (3)
Summons, Ontario Co., NY
- 12 Jan. 1819. Not extant.
12 January 1819
Joseph Smith Sr., Declaration, Ontario Co. NY
- Ca. 22 Jan. 1819. Not extant.
Ca. 22 January 1819
Venire, Ontario Co., NY
- 30 Jan. 1819. Not extant.
30 January 1819
February (2)
February (2)
Joseph Smith Sr., List of Services, Ontario Co., NY
- Between ca. 12 Jan. and 6 Feb. 1819; Ontario County Records and Archives Center, Canandaigua, NY; handwriting probably of Joseph Smith Sr. and unidentified scribe.
Between ca. 12 January and 6 February 1819
Docket Entry, Ontario Co., NY
- Between 12 Jan. and ca. 6 Feb. 1819. Not extant.
- 9 Feb. 1819; Ontario County Records and Archives Center, Canandaigua, NY; handwriting of Abraham Spear; certified by Abraham Spear; notation in handwriting of Abraham Spear; docket and notation in unidentified handwriting.
Between 12 January and ca. 6 February 1819
J. Hurlbut v. Joseph Smith Sr., Ontario Co., New York, Court of Common Pleas
1819 (6)
1819 (6)
February (3)
February (3)
Docket Entry, Copy, Ontario Co., NY
- 9 Feb. 1819; Ontario County Records and Archives Center, Canandaigua, NY; handwriting of Abraham Spear; certified by Abraham Spear; notation in handwriting of Abraham Spear; docket and notation in unidentified handwriting.
Between 12 January and ca. 6 February 1819
Jeremiah Hurlbut and Others, Bond, Palmyra, Ontario Co., NY, to Joseph Smith Sr., Palmyra, Ontario Co., NY
- 8 Feb. 1819; Ontario County Records and Archives Center, Canandaigua, NY; manuscript form in handwriting of Hugh McNair with manuscript additions in handwriting of Abraham Spear; signatures of Jeremiah Hurlbut, William Jackways, and Solomon Tice; witnessed by William Jackways and Lemuel Lee; certified by Abraham Spear; docket in handwriting of Hugh McNair.
8 February 1819
Hugh McNair, Capias ad Respondendum, to Ontario Co. Sheriff, for JS and Alvin Smith, Ontario Co., NY
- 20 Feb. 1819; Ontario County Records and Archives Center, Canandaigua, NY; printed form with manuscript additions in handwriting of Hugh McNair; docket in handwriting of Hugh McNair; notations in handwriting of Hugh McNair, Asa Swift, and unidentified scribe.
20 February 1819
June (1)
June (1)
Frederick Smith on behalf of Jeremiah Hurlbut, Statement of Issues, Ontario Co., NY
- Ca. 26 June 1819; Ontario County Records and Archives Center, Canandaigua, NY; printed form with manuscript additions in handwriting of Frederick Smith; docket in handwriting of Frederick Smith; notations in handwriting of Hugh McNair.
Ca. 26 June 1819
July (1)
July (1)
Docket Entry, Ontario Co., NY
- 31 July 1819; Common Rule Book, April 1819–November 1819, [94], Ontario County Records and Archives Center; unidentified handwriting.
31 July 1819
August (1)
August (1)
Docket Entry, Canandaigua, Ontario Co., NY
- Ca. 19 Aug. 1819; Common Pleas Minutes, August Term 1819, [10], Ontario County Records and Archives Center, Canandaigua, NY; handwriting of Hugh McNair. Draft.
- Ca. 19 Aug. 1819; Common Pleas, 1819–1820, 19, Ontario County Records and Archives Center, Canandaigua, NY; unidentified handwriting.
Ca. 19 August 1819
Source Note
Source Note
Document Transcript
Page
Document Information
Document Information
- Related Case Documents
Joseph Smith Sr. v. J. Hurlbut, circa August 1819
- Editorial Title
- Introduction to Joseph Smith Sr. v. J. Hurlbut
- ID #
- 12747
- Total Pages
- 1
- Print Volume Location
- Handwriting on This Page
Footnotes
Footnotes
- [1]
For more information on this case, see Walker, “Joseph Smith’s Introduction to the Law,” 117–142.
Walker, Jeffrey N. “Joseph Smith’s Introduction to the Law: The 1819 Hurlbut Case.” Mormon Historical Studies 11 (Spring 2010): 117–142.
- [2]
- [3]
- [4]
- [5]
- [6]
- [7]
- [8]
- [9]
See Court of Common Pleas, Minutes, ca. 17 Aug. 1819, Common Pleas Minutes, August Term 1819, p. [1], Ontario County Records and Archives Center, Canandaigua, NY; Docket Entry, ca. 19 Aug.1819, Draft [Joseph Smith Sr. v. J. Hurlbut]; and Docket Entry, ca. 19 Aug. 1819 [Joseph Smith Sr. v. J. Hurlbut].
Common Pleas, 1819–1820. Common Pleas Minutes, August Term 1819. Ontario County Records and Archives Center, Canandaigua, NY.