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 sixty-five dollars in grain for the purchase of two horses. During the subsequent summer, and his sons , JS, and worked on the farms of and his widowed mother, performing various services. also sold goods to the Smiths and rented them a plow. The Smiths paid fifty-three dollars toward the note on 18 August 1818. However, in January 1819, before the remaining sum could be paid, and brought a “” suit against , 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. The suit was heard at the August 1819 term. However, a scribal ambiguity in the court of common pleas docket renders the outcome of the case uncertain.
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)
March (1)
27 March 1818
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.
Joseph Smith Sr. v. J. Hurlbut, Ontario Co., New York, Justice of the Peace Court
1818 (1)
August (1)
Between 10 May and ca. August 1818
Jeremiah Hurlbut, List of Goods, Palmyra, Ontario Co., NY
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 12 January and ca. 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.
J. Hurlbut v. Joseph Smith Sr., Ontario Co., New York, Court of Common Pleas
1819 (5)
February (3)
Between 12 January and ca. 6 February 1819
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.
8 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.
20 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.
June (1)
Ca. 26 June 1819
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.
August (1)
Ca. 19 August 1819
Docket Entry, Canandaigua, Ontario Co., NY
Ca. 19 Aug. 1819; Common Pleas, 1819–1820, p. 19, Ontario County Records and Archives Center, Canandaigua, NY; unidentified handwriting.
See Docket Entry, ca. 19 Aug. 1819 [Joseph Smith Sr. v. J. Hurlbut]. The docket entry for the case simply stated “The like as the 2nd above.” Presumably this referred to the second docket entry on the page, but it could also mean the entry two above the Hurlbut v. Smith Sr. entry. Both earlier entries state “The like,” further confusing the issue.