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Introduction to Rounds qui tam v. JS Summons, 9 February 1837 [Rounds qui tam v. JS] Declaration, 22 April 1837 [Rounds qui tam v. JS] Docket Entry, Leave to Amend, 10 June 1837 [Rounds qui tam v. JS] Docket Entry, Costs, circa 10 June 1837 [Rounds qui tam v. JS] Docket Entry, Judgment, 25 October 1837 [Rounds qui tam v. JS] Docket Entry, Costs, circa 25 October 1837 [Rounds qui tam v. JS] Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. JS] Assignment of Judgment, 1 March 1838 [Rounds qui tam v. JS]

Introduction to Rounds qui tam v. JS

Page

Rounds
qui tam

An action in qui tam imposes a statute-based penalty that rewards both the informant and the state by giving the “penalty in part to whosoever will sue for the same, and the other part to the commonwealth.”

View Glossary
v. JS
Geauga Co., Ohio, Court of Common Pleas, 10 February 1837
 
Rounds for the use of the State of Ohio as well as Himself v. JS
Geauga Co., Ohio, Court of Common Pleas, 31 October 1860
 
Historical Introduction
In February 1837,
Samuel Rounds

ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...

View Full Bio
, a resident of
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

More Info
, Ohio, initiated six separate legal actions against JS,
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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, and four junior officers of the
Kirtland Safety Society

A financial institution formed to raise money and provide credit in Kirtland, Ohio. On 2 November 1836, JS, Sidney Rigdon, and others officially organized the Kirtland Safety Society as a community bank by ratifying its constitution. Sidney Rigdon served ...

View Glossary
.
1

Summons, 9 Feb. 1837 [Rounds qui tam v. JS]. In addition to suing JS and Rigdon, Rounds brought actions against Horace Kingsbury, Newel K. Whitney, Frederick G. Williams, and Warren Parrish. (See Documents Related to Rounds qui tam v. JS.)  


In November 1836, JS and other church leaders approved a constitution to organize and govern the Kirtland Safety Society Bank,
2

Constitution of the Kirtland Safety Society Bank, 2 Nov. 1836.  


likely hoping to benefit the local economy and provide financial aid to the church. Unsure whether they would be able to receive a charter for a bank from the state legislature, they altered the original articles organizing the bank to establish instead a joint stock association called the Kirtland Safety Society Anti-Banking Company.
3

For the Kirtland Safety Society’s revised articles and a discussion of the attempt to secure a charter, see Articles of Agreement for the Kirtland Safety Society Anti-Banking Company, 2 Jan. 1837; Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837.  


In January 1837, this “anti-banking company” began issuing notes, signed by JS and Rigdon as officers of the society.
4

Historical Introduction to Articles of Agreement for the Kirtland Safety Society Anti-Banking Company, 2 Jan. 1837; Kirtland Safety Society Notes, 4 Jan–9 Mar. 1837.  


Rounds

ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...

View Full Bio
’s legal actions were based on an
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

More Info
statute that granted private citizens the right to sue persons acting as officers of unauthorized banks. The penalty was $1,000, which would be divided equally between the party who brought the action and the state.
5

An Act to Prohibit the Issuing and Circulating of Unauthorized Bank Paper [27 Jan. 1816], Swan, Statutes of the State of Ohio [1840], pp. 136–137, secs. 1, 5.  


Comprehensive Works Cited

Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

The suits against the four junior officers were concluded in their favor that summer.
6

In these further suits, the plaintiff became nonsuit, meaning judgment was given against Rounds and the defendants recovered costs. (See Docket Entry, Verdict, 25 October 1837 [Rounds qui tam v. Parrish]; Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Whitney]; Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Williams]; Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Kingsbury]; and Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837; see also Walker, “Kirtland Safety Society and the Fraud of Grandison Newell,” 33–148; and Adams, “Grandison Newell’s Obsession,” 173–175.)  


Comprehensive Works Cited

Walker, Jeffrey N. “The Kirtland Safety Society and the Fraud of Grandison Newell: A Legal Examination.” BYU Studies 54, no. 3 (2015): 33–147.

Adams, Dale W. “Grandison Newell’s Obsession.” Journal of Mormon History 30 (Spring 2004): 159–188.

The
qui tam

An action in qui tam imposes a statute-based penalty that rewards both the informant and the state by giving the “penalty in part to whosoever will sue for the same, and the other part to the commonwealth.”

View Glossary
lawsuits against JS and
Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
were brought to trial in October 1837, months after the
Kirtland Safety Society

A financial institution formed to raise money and provide credit in Kirtland, Ohio. On 2 November 1836, JS, Sidney Rigdon, and others officially organized the Kirtland Safety Society as a community bank by ratifying its constitution. Sidney Rigdon served ...

View Glossary
closed its doors amid a nationwide financial panic.
7

Docket Entry, Judgment, 25 Oct. 1837 [Rounds qui tam v. JS]. For the historical context of the Kirtland Safety Society and reasons for its collapse, see Joseph Smith Documents from October 1835 through January 1838; Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837; and Documents, Volume 5, Introduction to Part 6: 20 Apr.–14 Sept. 1837.  


The jury decided in favor of the plaintiff in both cases, after which
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...

View Glossary
of the judgment for the Rigdon case was sought and partially satisfied.
8

Docket Entry, Judgment, 25 Oct. 1837 [Rounds qui tam v. JS]. Personal property totaling $716.25 was sold to facilitate payment of the judgment. (Docket Entry, Costs, ca. 25 Oct. 1837 [Rounds qui tam v. JS].) Attempts to pay judgment by levying property owned by Rigdon are recorded in docket entries for both cases, possibly due to a sheriff’s notation on the fieri facias interconnecting the two. (Docket Entry, Costs, ca. 25 Oct. 1837 [Rounds qui tam v. Rigdon].)  


Rounds

ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...

View Full Bio
assigned his half of the judgments for both cases to
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
, the other half of the judgments still belonging to the state of
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

More Info
. Newell in turn assigned his portion of the judgments to
William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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and
Oliver Granger

7 Feb. 1794–23/25 Aug. 1841. Sheriff, church agent. Born at Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumble. Married Lydia Dibble, 8 Sept. 1813, at Phelps. Member of Methodist church and licensed exhorter. Sheriff of Ontario Co. ...

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, agents of JS, for $1,600. The combination of the approximately $700 partial satisfaction of judgment and the $1,600 assignment effectively paid judgments for both cases in full.
9

It is unclear why the amount paid for the judgments exceeded what the law required by $300. Litigant costs and fees for the sheriff and county clerk totaled about $140 for both cases, and the assignment required Newell to pay “all costs” accrued on the judgments. It is unclear if Newell’s obligation included the $140 or was in addition to it. Granger died in 1841, and physical custody of Newell’s assignment of the judgment passed to Oliver’s son Gilbert Granger. On 3 March 1842, JS apparently received this assignment from a settlement with Gilbert. (Assignment of Judgment, 1 Mar. 1838 [Rounds qui tam v. JS]; JS, Journal, 3 Mar. 1842.)  


When
Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

View Full Bio
and
Granger

7 Feb. 1794–23/25 Aug. 1841. Sheriff, church agent. Born at Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumble. Married Lydia Dibble, 8 Sept. 1813, at Phelps. Member of Methodist church and licensed exhorter. Sheriff of Ontario Co. ...

View Full Bio
paid
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
for the judgment in 1838, they failed to make the payment part of the court record; therefore, court records indicated that only a portion of the judgment had been satisfied.
10

See An Act for the Relief of Grandison Newell [10 Mar. 1859], Acts of a General Nature, vol. 56, p. 271; Assignment of Judgment, 1 Mar. 1838 [Rounds qui tam v. JS]; Docket Entry, Judgment, 25 Oct. 1837 [Rounds qui tam v. JS]; and Docket Entry, Costs, ca. 25 Oct. 1837 [Rounds qui tam v. JS]. The judgment Newell assigned to Marks and Granger was only Rounds’s half. The status of the state’s portion of the judgment was unclear, thereby providing grounds for Newell to revive the judgment.  


Comprehensive Works Cited

Acts of a General Nature and Local Laws and Joint Resolutions, Passed by the Fifty-Third General Assembly, of the State of Ohio: At Its Second Session, Begun and Held in the City of Columbus, January 3, 1859, and the Fifty-Seventh Year of Said State. vol. 56 Columbus, OH: Richard Nevins, 1859.

The oversight allowed Newell to proceed against JS’s assets as though he had not received payment in full. He did so in 1859, petitioning the
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

More Info
legislature to have the judgment
assigned

“When a suit is brought in the name of one person for the use of another, the only object of naming the assignee in the suit, is to show who controls (or actually owns) the suit, and to whom the officer may pay over the avails of the judgement.”

View Glossary
to him, based on his claim that he expended personal funds to initially prosecute the cases against JS and
Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
. The legislature granted the request. In 1860, Newell sought satisfaction through the assets of JS’s estate. The legislature also authorized Newell “at his own charges and expense, in the name of the state of Ohio, to revive said judgments.”
11

An Act for the Relief of Grandison Newell [10 Mar. 1859], Acts of a General Nature, vol. 56, p. 271.  


Comprehensive Works Cited

Acts of a General Nature and Local Laws and Joint Resolutions, Passed by the Fifty-Third General Assembly, of the State of Ohio: At Its Second Session, Begun and Held in the City of Columbus, January 3, 1859, and the Fifty-Seventh Year of Said State. vol. 56 Columbus, OH: Richard Nevins, 1859.

On 29 October 1860, the probate court for
Lake County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
, Ohio, appointed
Henry Holcomb

28 Aug. 1830–7 June 1919. Tinsmith, coppersmith, hardware store owner, furnace manufacturer. Born in Youngstown, Mahoning Co., Ohio. Son of John Rogers Holcomb and Sarah Amelia Fitch. Married Emily Sawyer, 30 Aug. 1852, in Youngstown. Moved to Painesville...

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, the spouse of
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.;...

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’s granddaughter Emily E. Sawyer, as administrator of JS’s estate at Holcomb’s request.
12

Motion, 29 Oct. 1860 [Rounds for the use of the State of Ohio as well as Himself v. JS]; Lake Co., OH, Probate Court, Final Records in Estates of Deceased Persons, 1843–1903, vol. B, p. 469, microfilm 974,893, U.S. and Canada Record Collection, FHL. The probate court could grant any creditor the power to administer all assets of the deceased, which were situated in Ohio. In 1860 Newell was living with the Holcombs. (An Act Further to Amend the Act Entitled “An Act to Provide for the Settlement of the Estates of Deceased Persons,” Passed March 23, 1840 [25 Mar. 1851], Statutes of the State of Ohio, vol. 2, p. 1665, sec. 1; Hall, Thomas Newell, 139–140; 1860 U.S. Census, Painesville, Lake Co., OH, 169.)  


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Swan, Joseph R., comp. Statutes of the State of Ohio, of a General Nature, in Force January 1st, 1854: With References to Prior Repealed Laws. Cincinnati: H. W. Derby, 1854.

Hall, Mary A. Newell, comp. Thomas Newell, Who Settled in Farmington, Conn. A. D. 1632. And His Descendants. A Genealogical Table. Southington, CT: Cochrane Bros., 1878.

Census (U.S.) / U.S. Bureau of the Census. Population Schedules. Microfilm. FHL.

Two days later, the court of common pleas noted the action taken by the legislature in assigning the judgment to Newell and went on to grant Newell’s motion to revive the case against JS.
13

Docket Entry, Revived Judgment, 31 Oct. 1860 [Rounds for the use of the State of Ohio as well as Himself v. JS]. Provisions for reviving a judgment are found in An Act to Establish a Code of Civil Procedure [11 Mar. 1853], Public Statutes at Large, of the State of Ohio, vol. 3, pp. 2000–2003, secs. 400–417. Though the legislature authorized Newell to revive the judgments against JS and Rigdon, court records suggest he only revived the judgment against JS.  


Comprehensive Works Cited

The Public Statutes at Large, of the State of Ohio: From the Close of Chase's Statutes, February, 1833, to the Present Time. Arranged in Chronological Order. With References to the Judicial Decisions Construing Those Statutes. And a Supplement, Containing All Laws Passed Prior to February, 1833, Which Are Now in Force. 4 vols. Edited by Maskell E. Curwen. Cincinnati: By the author, 1853–1861.

On 24 September 1861, Holcomb petitioned the probate court for permission to sell real estate belonging to JS’s estate in
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

More Info
.
14

Lake Co., OH, Probate Court, Probate Journal, 1852–1879, vol. D, p. 175, microfilm 974,890, U.S. and Canada Records Collection, FHL.  


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

The court appointed three appraisers to provide the appraisal of the property,
15

Lake Co., OH, Probate Court, Probate Journal, vol. D, pp. 181, 185, microfilm 974,890, U.S. and Canada Records Collection, FHL; An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio [1854], p. 370, sec. 33. The law required that the court appoint “three suitable, disinterested persons” as estate appraisers who were “sworn to a faithful discharge of their trust.” (An Act Regalating the Mode of Administering Assignments in Trust for the Benefit of Creditors [6 Apr. 1859], Acts of a General Nature, vol. 56, p. 232, sec. 3.)  


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Swan, Joseph R., comp. Statutes of the State of Ohio, of a General Nature, in Force January 1st, 1854: With References to Prior Repealed Laws. Cincinnati: H. W. Derby, 1854.

Acts of a General Nature and Local Laws and Joint Resolutions, Passed by the Fifty-Third General Assembly, of the State of Ohio: At Its Second Session, Begun and Held in the City of Columbus, January 3, 1859, and the Fifty-Seventh Year of Said State. vol. 56 Columbus, OH: Richard Nevins, 1859.

and on 18 April 1862, the
Kirtland temple

JS revelation, dated Jan. 1831, directed Latter-day Saints to migrate to Ohio, where they would “be endowed with power from on high.” In Dec. 1832, JS revelation directed Saints to “establish . . . an house of God.” JS revelation, dated 1 June 1833, chastened...

More Info
and other property JS had owned were sold to
William Perkins

22 Jan. 1799–1 Dec. 1882. Teacher, attorney, insurance agent, politician. Born in Ashford, Windham Co., Connecticut. Son of William Perkins and Mary Lee. Moved to Hartford, Hartford Co., Connecticut, to study law, ca. 1822. Admitted to Connecticut bar, May...

View Full Bio
.
16

Lake Co., OH, Probate Court, Probate Journal, vol. D, pp. 232–233, microfilm 974,890, U.S. and Canada Records Collection, FHL; “Legal Notice,” Press and Advertiser (Painesville, OH), 25 Sept. 1861, [3]; Lake Co., OH, Deeds, 1840–1950, Deed Records, vol. S, pp. 526–527, 24 Oct. 1862, microfilm 974,939, U.S. and Canada Records Collection, FHL.  


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Press and Advertiser. Painesville, OH. 1860–1861.

Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
was to receive her dower interest from the sale, which amounted to $4.11, to be paid annually for the duration of her life.
17

Lake Co., OH, Probate Court, Probate Journal,vol. D, p. 214, microfilm 974,890,U.S. and Canada Records Collection, FHL; An Act to Amend an Act Entitled “An Act Relating to Dower” Passed January 28, 1823 [11 Jan. 1843], Public Statutes at Large, of the State of Ohio, vol. 2, p. 918, sec. 1.  


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

The Public Statutes at Large, of the State of Ohio: From the Close of Chase's Statutes, February, 1833, to the Present Time. Arranged in Chronological Order. With References to the Judicial Decisions Construing Those Statutes. And a Supplement, Containing All Laws Passed Prior to February, 1833, Which Are Now in Force. 4 vols. Edited by Maskell E. Curwen. Cincinnati: By the author, 1853–1861.

 
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.
 
Rounds qui tam v. JS, Geauga Co., Ohio, Court of Common Pleas

1837 (11)

February (1)

9 February 1837

David D. Aiken, Summons, to Geauga Co. Sheriff, for JS, Geauga Co., OH

  • 9 Feb. 1837; handwriting probably of David D. Aiken; notation by Abel Kimball. Not extant.
    1

    This summons was returned to the Geauga County Court of Common Pleas where Aiken copied it into Transcript of Proceedings, ca. 25 Oct. 1837 [Rounds qui tam v. JS].  


  • 9 Feb. 1837; handwriting probably of Abel Kimball. Not extant.
    2

    Second sheriff Abel Kimball’s return noted leaving a “true copy” of the summons with Emma Smith. (Transcript of Proceedings, ca. 25 Oct. 1837 [Rounds qui tam v. JS].)  


  • Ca. 25 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 362, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

April (1)

22 April 1837

Samuel Rounds, Declaration, Geauga Co., OH

  • 22 Apr. 1837; handwriting probably of Reuben Hitchcock. Not extant.
    1

    This declaration was filed on 22 April 1837 at the Geauga County Court of Common Pleas, where Aiken copied it into Common Pleas Record, vol. U. (Transcript of Proceedings, ca. 25 Oct. 1837 [Rounds qui tam v. JS]; see also Docket Entry, Leave to Amend, 10 June 1837 [Rounds qui tam v. JS].)  


  • Ca. 25 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 362–363, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

June (3)

Between ca. 22 April and 9 June 1837

JS, Demurrer, Geauga Co., OH

  • Between ca. 22 Apr. and 9 June 1837. Not extant.
    1

    See Docket Entry, Leave to Amend, 10 June 1837 [Rounds qui tam v. JS] and Transcript of Proceedings, ca. 25 Oct. 1837 [Rounds qui tam v. JS].  


10 June 1837

Docket Entry, Leave to Amend, Chardon, Geauga Co., OH

  • 10 June 1837; Geauga County Court of Common Pleas, Journal, vol. N, p. 223, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
Ca. 10 June 1837

Docket Entry, Costs, Chardon, Geauga Co., OH

  • Ca. 10 June 1837; Geauga County Court of Common Pleas, Execution Docket, vol. D, p. 15; microfilm at FHL; handwriting of David D. Aiken and Abel Kimball.

October (4)

25 October 1837

Docket Entry, Judgment, Chardon, Geauga Co., OH

  • 25 Oct. 1837; Geauga County Court of Common Pleas, Journal, vol. N, p. 237, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot and David D. Aiken.
Ca. 25 October 1837

Docket Entry, Costs, Chardon, Geauga Co., OH

  • Ca. 25 Oct. 1837; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 105, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notations by Charles H. Foot and William N. Keeny; signature of Elijah G. White.
Ca. 25 October 1837

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 25 Oct. 1837; Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 362–364, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; signature presumably of Van R. Humphrey.
Ca. 25 October 1837

JS, Bill of Exceptions, Geauga Co., OH

  • Ca. 25 Oct. 1837. Not extant.
    1

    See Transcript of Proceedings, ca. 25 Oct. 1837 [Rounds qui tam v. JS].  


November (2)

6 November 1837

Fieri Facias, to Abel Kimball, Chardon, Geauga Co., OH

  • 6 Nov. 1837; handwriting probably of David D. Aiken. Not extant.
    1

    See Docket Entry, Costs, ca. 25 Oct. 1837 [Rounds qui tam v. JS]. Kimball returned the fieri facias on 3 April 1838.  


16 November 1837

David D. Aiken, Execution, to Abel Kimball, Chardon, Geauga Co., OH

  • 16 Nov. 1837. Not extant.
    1

    See Docket Entry, 16–18 Jan. 1838 [Wilder and Strong v. Rounds].  


1838 (2)

February (1)

Between ca. 6 November 1837 and ca. 28 February 1838

Assignment, to Grandison Newell, Geauga Co., OH

  • Between ca. 6 Nov. 1837 and ca. 28 Feb. 1838. Not extant.
    1

    See Transcript of Proceedings, ca. 31 Oct. 1860 [Rounds for the use of the State of Ohio as well as Himself v. JS].  


March (1)

1 March 1838

Grandison Newell, Assignment of Judgment, to William Marks and Oliver Granger, Kirtland Township, Geauga Co., OH

  • 1 Mar. 1838; handwriting of William Marks; signature of Grandison Newell; attestation in handwriting of Lyman Cowdery.
 
Rounds for the use of the State of Ohio as well as Himself v. JS, Geauga Co., Ohio, Court of Common Pleas

1860 (3)

October (3)

29 October 1860

William Perkins on behalf of Grandison Newell, Motion, Chardon, Geauga Co., OH

  • 29 October 1860. Not extant.
  • Ca. 31 Oct. 1860; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. 36, p. 339, Geauga County Archives and Records Center, Chardon, OH; handwriting of William N. Keeny.
31 October 1860

Docket Entry, Revived Judgment, Chardon, Geauga Co., OH

  • 31 Oct. 1860; Geauga County Court of Common Pleas, Journal, vol. R, pp. 208–209, Geauga County Archives and Records Center, Chardon, OH; handwriting of William N. Keeny; probable signature of Horace Wilder.
Ca. 31 October 1860

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 31 Oct. 1860; Geauga County Court of Common Pleas, Common Pleas Record, vol. 36, p. 339, Geauga County Archives and Records Center, Chardon, OH; handwriting of William N. Keeny; probable signature of Horace Wilder.
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Rounds qui tam v. JS, Geauga Co., OH, Court of Common Pleas, 10 February 1837

Editorial Title
Introduction to Rounds qui tam v. JS
ID #
13295
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Summons, 9 Feb. 1837 [Rounds qui tam v. JS]. In addition to suing JS and Rigdon, Rounds brought actions against Horace Kingsbury, Newel K. Whitney, Frederick G. Williams, and Warren Parrish. (See Documents Related to Rounds qui tam v. JS.)  

    2. [2]

      Constitution of the Kirtland Safety Society Bank, 2 Nov. 1836.  

    3. [3]

      For the Kirtland Safety Society’s revised articles and a discussion of the attempt to secure a charter, see Articles of Agreement for the Kirtland Safety Society Anti-Banking Company, 2 Jan. 1837; Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837.  

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      Historical Introduction to Articles of Agreement for the Kirtland Safety Society Anti-Banking Company, 2 Jan. 1837; Kirtland Safety Society Notes, 4 Jan–9 Mar. 1837.  

    5. [5]

      An Act to Prohibit the Issuing and Circulating of Unauthorized Bank Paper [27 Jan. 1816], Swan, Statutes of the State of Ohio [1840], pp. 136–137, secs. 1, 5.  

      Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

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      In these further suits, the plaintiff became nonsuit, meaning judgment was given against Rounds and the defendants recovered costs. (See Docket Entry, Verdict, 25 October 1837 [Rounds qui tam v. Parrish]; Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Whitney]; Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Williams]; Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Kingsbury]; and Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837; see also Walker, “Kirtland Safety Society and the Fraud of Grandison Newell,” 33–148; and Adams, “Grandison Newell’s Obsession,” 173–175.)  

      Walker, Jeffrey N. “The Kirtland Safety Society and the Fraud of Grandison Newell: A Legal Examination.” BYU Studies 54, no. 3 (2015): 33–147.

      Adams, Dale W. “Grandison Newell’s Obsession.” Journal of Mormon History 30 (Spring 2004): 159–188.

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      Docket Entry, Judgment, 25 Oct. 1837 [Rounds qui tam v. JS]. For the historical context of the Kirtland Safety Society and reasons for its collapse, see Joseph Smith Documents from October 1835 through January 1838; Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837; and Documents, Volume 5, Introduction to Part 6: 20 Apr.–14 Sept. 1837.  

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      Docket Entry, Judgment, 25 Oct. 1837 [Rounds qui tam v. JS]. Personal property totaling $716.25 was sold to facilitate payment of the judgment. (Docket Entry, Costs, ca. 25 Oct. 1837 [Rounds qui tam v. JS].) Attempts to pay judgment by levying property owned by Rigdon are recorded in docket entries for both cases, possibly due to a sheriff’s notation on the fieri facias interconnecting the two. (Docket Entry, Costs, ca. 25 Oct. 1837 [Rounds qui tam v. Rigdon].)  

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      It is unclear why the amount paid for the judgments exceeded what the law required by $300. Litigant costs and fees for the sheriff and county clerk totaled about $140 for both cases, and the assignment required Newell to pay “all costs” accrued on the judgments. It is unclear if Newell’s obligation included the $140 or was in addition to it. Granger died in 1841, and physical custody of Newell’s assignment of the judgment passed to Oliver’s son Gilbert Granger. On 3 March 1842, JS apparently received this assignment from a settlement with Gilbert. (Assignment of Judgment, 1 Mar. 1838 [Rounds qui tam v. JS]; JS, Journal, 3 Mar. 1842.)  

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      See An Act for the Relief of Grandison Newell [10 Mar. 1859], Acts of a General Nature, vol. 56, p. 271; Assignment of Judgment, 1 Mar. 1838 [Rounds qui tam v. JS]; Docket Entry, Judgment, 25 Oct. 1837 [Rounds qui tam v. JS]; and Docket Entry, Costs, ca. 25 Oct. 1837 [Rounds qui tam v. JS]. The judgment Newell assigned to Marks and Granger was only Rounds’s half. The status of the state’s portion of the judgment was unclear, thereby providing grounds for Newell to revive the judgment.  

      Acts of a General Nature and Local Laws and Joint Resolutions, Passed by the Fifty-Third General Assembly, of the State of Ohio: At Its Second Session, Begun and Held in the City of Columbus, January 3, 1859, and the Fifty-Seventh Year of Said State. vol. 56 Columbus, OH: Richard Nevins, 1859.

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      An Act for the Relief of Grandison Newell [10 Mar. 1859], Acts of a General Nature, vol. 56, p. 271.  

      Acts of a General Nature and Local Laws and Joint Resolutions, Passed by the Fifty-Third General Assembly, of the State of Ohio: At Its Second Session, Begun and Held in the City of Columbus, January 3, 1859, and the Fifty-Seventh Year of Said State. vol. 56 Columbus, OH: Richard Nevins, 1859.

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      Motion, 29 Oct. 1860 [Rounds for the use of the State of Ohio as well as Himself v. JS]; Lake Co., OH, Probate Court, Final Records in Estates of Deceased Persons, 1843–1903, vol. B, p. 469, microfilm 974,893, U.S. and Canada Record Collection, FHL. The probate court could grant any creditor the power to administer all assets of the deceased, which were situated in Ohio. In 1860 Newell was living with the Holcombs. (An Act Further to Amend the Act Entitled “An Act to Provide for the Settlement of the Estates of Deceased Persons,” Passed March 23, 1840 [25 Mar. 1851], Statutes of the State of Ohio, vol. 2, p. 1665, sec. 1; Hall, Thomas Newell, 139–140; 1860 U.S. Census, Painesville, Lake Co., OH, 169.)  

      U.S. and Canada Record Collection. FHL.

      Swan, Joseph R., comp. Statutes of the State of Ohio, of a General Nature, in Force January 1st, 1854: With References to Prior Repealed Laws. Cincinnati: H. W. Derby, 1854.

      Hall, Mary A. Newell, comp. Thomas Newell, Who Settled in Farmington, Conn. A. D. 1632. And His Descendants. A Genealogical Table. Southington, CT: Cochrane Bros., 1878.

      Census (U.S.) / U.S. Bureau of the Census. Population Schedules. Microfilm. FHL.

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      Docket Entry, Revived Judgment, 31 Oct. 1860 [Rounds for the use of the State of Ohio as well as Himself v. JS]. Provisions for reviving a judgment are found in An Act to Establish a Code of Civil Procedure [11 Mar. 1853], Public Statutes at Large, of the State of Ohio, vol. 3, pp. 2000–2003, secs. 400–417. Though the legislature authorized Newell to revive the judgments against JS and Rigdon, court records suggest he only revived the judgment against JS.  

      The Public Statutes at Large, of the State of Ohio: From the Close of Chase's Statutes, February, 1833, to the Present Time. Arranged in Chronological Order. With References to the Judicial Decisions Construing Those Statutes. And a Supplement, Containing All Laws Passed Prior to February, 1833, Which Are Now in Force. 4 vols. Edited by Maskell E. Curwen. Cincinnati: By the author, 1853–1861.

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      Lake Co., OH, Probate Court, Probate Journal, 1852–1879, vol. D, p. 175, microfilm 974,890, U.S. and Canada Records Collection, FHL.  

      U.S. and Canada Record Collection. FHL.

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      Lake Co., OH, Probate Court, Probate Journal, vol. D, pp. 181, 185, microfilm 974,890, U.S. and Canada Records Collection, FHL; An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio [1854], p. 370, sec. 33. The law required that the court appoint “three suitable, disinterested persons” as estate appraisers who were “sworn to a faithful discharge of their trust.” (An Act Regalating the Mode of Administering Assignments in Trust for the Benefit of Creditors [6 Apr. 1859], Acts of a General Nature, vol. 56, p. 232, sec. 3.)  

      U.S. and Canada Record Collection. FHL.

      Swan, Joseph R., comp. Statutes of the State of Ohio, of a General Nature, in Force January 1st, 1854: With References to Prior Repealed Laws. Cincinnati: H. W. Derby, 1854.

      Acts of a General Nature and Local Laws and Joint Resolutions, Passed by the Fifty-Third General Assembly, of the State of Ohio: At Its Second Session, Begun and Held in the City of Columbus, January 3, 1859, and the Fifty-Seventh Year of Said State. vol. 56 Columbus, OH: Richard Nevins, 1859.

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      Lake Co., OH, Probate Court, Probate Journal, vol. D, pp. 232–233, microfilm 974,890, U.S. and Canada Records Collection, FHL; “Legal Notice,” Press and Advertiser (Painesville, OH), 25 Sept. 1861, [3]; Lake Co., OH, Deeds, 1840–1950, Deed Records, vol. S, pp. 526–527, 24 Oct. 1862, microfilm 974,939, U.S. and Canada Records Collection, FHL.  

      U.S. and Canada Record Collection. FHL.

      Press and Advertiser. Painesville, OH. 1860–1861.

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      Lake Co., OH, Probate Court, Probate Journal,vol. D, p. 214, microfilm 974,890,U.S. and Canada Records Collection, FHL; An Act to Amend an Act Entitled “An Act Relating to Dower” Passed January 28, 1823 [11 Jan. 1843], Public Statutes at Large, of the State of Ohio, vol. 2, p. 918, sec. 1.  

      U.S. and Canada Record Collection. FHL.

      The Public Statutes at Large, of the State of Ohio: From the Close of Chase's Statutes, February, 1833, to the Present Time. Arranged in Chronological Order. With References to the Judicial Decisions Construing Those Statutes. And a Supplement, Containing All Laws Passed Prior to February, 1833, Which Are Now in Force. 4 vols. Edited by Maskell E. Curwen. Cincinnati: By the author, 1853–1861.

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