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Introduction to Eaton v. JS and O. Cowdery Capias ad Respondendum, 6 June 1837 [Eaton v. JS and O. Cowdery] Special Bail, 10 June 1837 [Eaton v. JS and O. Cowdery] Declaration, circa 7 July 1837 [Eaton v. JS and O. Cowdery] Docket Entry, Judgment, 27 October 1837 [Eaton v. JS and O. Cowdery] Docket Entry, Costs, circa 27 October 1837 [Eaton v. JS and O. Cowdery] Transcript of Proceedings, circa 27 October 1837 [Eaton v. JS and O. Cowdery]

Transcript of Proceedings, circa 27 October 1837 [Eaton v. JS and O. Cowdery]

Source Note

Transcript of Proceedings, [
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

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], Geauga Co., OH, [ca. 27 Oct. 1837], Eaton v. JS and O. Cowdery (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 277–278; handwriting of Charles H. Foot; signature presumably of
Van R. Humphrey

28 July 1800–5 Sept. 1864. Teacher, lawyer, judge. Born in Goshen, Litchfield Co., Connecticut. Son of Isaiah Humphrey and Lorana Drake. Admitted to bar, 1820. Married first Stella Beach, 12 Apr. 1821, in Goshen. Moved to Hudson, Summit Co., Ohio, June 1821...

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; Geauga County Archives and Records Center, Chardon, OH.

Historical Introduction

See Introduction to Eaton v. JS and O. Cowdery.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Capias ad Respondendum, 6 June 1837 [ Eaton v. JS and O. Cowdery ] Declaration, circa 7 July 1837 [ Eaton v. JS and O. Cowdery ] Special Bail, 10 June 1837 [ Eaton v. JS and O. Cowdery ] Transcript of Proceedings, circa 27 October 1837 [ Eaton v. JS and O. Cowdery ]

Page 278

of
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.”

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, for that whereas the said defendants on the eleventh day of October A.D. 1836 at
New York

Located in northeast region of U.S. Area settled by Dutch traders, 1620s; later governed by Britain, 1664–1776. Admitted to U.S. as state, 1788. Population in 1810 about 1,000,000; in 1820 about 1,400,000; in 1830 about 1,900,000; and in 1840 about 2,400,...

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to wit at
Kirtland

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...

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in said
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...

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made their promissory note in writing and delivered the same to the said
plaintiff

7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...

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and thereby promised to pay the said
plaintiff

7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...

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or order eleven hundred forty three dollars and one cent for value received at 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 ...

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Bank at
Kirtland

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...

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Ohio six months after date which period has now elapsed and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said
plaintiff

7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...

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according to the tenor and effect thereof: And whereas also the said defendants heretofore to wit, on the first day of May AD 1837 at
Kirtland

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
in said
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
were indebted to the said
plaintiff

7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...

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in the sum of twelve hundred dollars for so much money before that time lent and advanced by the
plaintiff

7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...

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to the defendants at their special instance and request, and being so indebted they the said defendants in consideration thereof afterwards to wit, on the day and year last aforesaid at
Kirtland

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
aforesaid undertook and then and there promised to pay the
plaintiff

7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...

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the said sum of money in this court mentioned when they the said defendants should be thereunto afterwards requested: Yet the said defendants have disregarded their said promises and have not nor hath either of them paid said sums of money or any part thereof although often requested to do so, to the
plaintiff

7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...

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s damage two thousand dollars, and therefore he brings suit &c.
By Andrews & Foot his Att[orne]ys.”
And now at this term of said court that is to say at the term thereof first aforesaid comes the said
plaintiff

7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...

View Full Bio
by his attorney, and the defendants being three times demanded to come into court and defend this suit comes not but makes default— It is therefore considered by the court that the
plaintiff

7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...

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recover against the defendant Joseph Smith Jr. his damages by the court here assessed to one thousand one hundred eighty five dollars and sixty six cents, and also his costs and charges by him in and about the prosecuting of this suit in that behalf expended taxed at nine dollars and eight cents; And it is ordered by the court that the defendant pay the costs and charges by him made in and about the defending of this suit, taxed at seventy seven cents, and in default thereof, that
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...

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issue to collect the same.

Signature presumably of Van R. Humphrey.


Van R. Humphrey

28 July 1800–5 Sept. 1864. Teacher, lawyer, judge. Born in Goshen, Litchfield Co., Connecticut. Son of Isaiah Humphrey and Lorana Drake. Admitted to bar, 1820. Married first Stella Beach, 12 Apr. 1821, in Goshen. Moved to Hudson, Summit Co., Ohio, June 1821...

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Prest. [p. 278]
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Source Note

Document Transcript

Page 278

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 27 October 1837 [Eaton v. JS and O. Cowdery]
ID #
4458
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Charles H. Foot
  • Van R. Humphrey

Footnotes

  1. new scribe logo

    Signature presumably of Van R. Humphrey.

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