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Introduction to Bailey & Reynolds v. Rigdon et al. Capias ad Respondendum, 25 October 1837 [Bailey & Reynolds v. Rigdon et al.] Docket Entry, Costs, circa 3 April 1838 [Bailey & Reynolds v. Rigdon et al.] Transcript of Proceedings, circa 3 April 1838 [Bailey & Reynolds v. Rigdon et al.] Docket Entry, Discontinuance, 4 June 1838 [Bailey & Reynolds v. Rigdon et al.] Docket Entry, Costs, circa 4 June 1838 [Bailey & Reynolds v. Rigdon et al.]

Transcript of Proceedings, circa 3 April 1838 [Bailey & Reynolds v. Rigdon et al.]

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. 3 Apr. 1838, Bailey & Reynolds v. Rigdon et al. (Geauga Co., OH, Court of Common Pleas 1838); Geauga County Court of Common Pleas, Common Pleas Record, vol. V, p. 5; 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 Bailey & Reynolds v. Rigdon et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Capias ad Respondendum, 25 October 1837 [ Bailey & Reynolds v. Rigdon et al. ]
Transcript of Proceedings, circa 3 April 1838 [ Bailey & Reynolds v. Rigdon et al. ]

Page 5

Pleas before the Court of Common Pleas within and for the County of
Geauga

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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in 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...

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on the third day of April in the year of our Lord one thousand eight hundred and thirty eight.
BE IT REMEMBERED. that heretofore to wit, at the October term of said Court in the year of our Lord one thousand eight hundred and thirty seven
Nathaniel P. Bailey

7 June 1809–12 Oct. 1891. Farmer, land developer, merchant. Born in Chateaugay, Franklin Co., New York. Son of William Bailey and Phebe Platt. Moved to New York City, ca. 1826. Married Eliza Meier Lorillard, 29 July 1836, in New York City. Moved to West Farms...

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& Henry J. Reynolds sued out of the office of the Clerk of said Court a writ of
Capias ad respondendum

Latin for “that you take until answer”; a writ commanding an officer to arrest a defendant to answer the plaintiff’s plea. A defendant arrested on this writ was committed to prison unless a bail bond was given. The amount of bail would be endorsed on the ...

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against
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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& others in the words & figures following to wit:—
“The State of Ohio)
Geauga 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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ss. [scilicet])
Seal
1

TEXT: “Seal” enclosed in a hand-drawn representation of a seal.


To the
Sheriff

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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of 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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. . . Greeting: We command you that you take
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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, Joseph Smith Jr.
Hiram [Hyrum] Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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,
Edmund Bosley

25 June 1776–15 Dec. 1846. Miller. Born at Northumberland, Northumberland Co., Pennsylvania. Son of John P. Bosley and Hannah Bull. Married Ann Kelly of Northumberland Co. Lived at Livonia, Livingston Co., New York, 1792–1834. Moved to Kirtland, Geauga Co...

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&
John Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

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if they be found in your
bailiwick

The county or other district over which an arresting officer has jurisdiction.

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and them safely keep so that you have them forthwith before our Court of Common Pleas for 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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now sitting at the Court House in
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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to answer unto
Nathaniel P. Bailey

7 June 1809–12 Oct. 1891. Farmer, land developer, merchant. Born in Chateaugay, Franklin Co., New York. Son of William Bailey and Phebe Platt. Moved to New York City, ca. 1826. Married Eliza Meier Lorillard, 29 July 1836, in New York City. Moved to West Farms...

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& Henry J. Reynolds in a plea 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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damages one thousand two hundred dollars, and have you then there this writ. Witness
D[avid] D. Aiken

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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Clerk of said Court at
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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this twenty fifth day of October A.D. 1837. C[harles] H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brot on note given by defendants to
John W. Howden

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

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and by him endorsed to plaintiffs for the sum of eight hundred and twenty five dollars dated April 13th 1837. Also for goods sold and delivered, money had & received &c. Oct. 25. 1837 <​A. D.​> 1837.”
The foregoing writ was forthwith returned into Court by the Sheriff of our 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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endorsed as follows to wit:
“I have made due and diligent search and cannot find either of the defendants within my bailiwick
A[bel] Kimball

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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2d. Shff. J[abez] A. Tracy Depty.”
And thereupon it was ordered by the Court that this cause be continued until the next term of said Court. And now at this term of said Court that is to say at the term thereof first aforesaid, come the parties and by their agreement this cause is settled at the costs of the plaintiffs. It is therefore considered by the Court that the defendants recover against the plaintiffs their costs and charges by them in and about the defending of this suit in that behalf expended taxed at sixty cents; And it is ordered by the Court that the plaintiffs pay the costs and charges by them made in and about the prosecuting of this suit taxed at two dollars and fifty 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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Prst [p. 5]
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Source Note

Document Transcript

Page 5

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 3 April 1838 [Bailey & Reynolds v. Rigdon et al.]
ID #
4583
Total Pages
1
Print Volume Location
Handwriting on This Page
  • Charles H. Foot
  • Van R. Humphrey

Footnotes

  1. [1]

    TEXT: “Seal” enclosed in a hand-drawn representation of a seal.

  2. new scribe logo

    Signature presumably of Van R. Humphrey.

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