Introduction to Seymour & Griffith v. Rigdon and JS

Document Transcript

Seymour & Griffith v. Rigdon and JS
Geauga County, Ohio, Court of Common Pleas, circa 24 October 1837
 
Historical Introduction
In February and March 1837, and JS became indebted to and , who operated a dry goods business in , Ohio, under the firm of Seymour & Griffith. Rigdon and JS signed four promissory notes to the firm totaling $147. When the notes went unpaid, Seymour & Griffith began proceedings to recover payment on 27 July 1837. The court of common pleas in , Ohio, issued a writ of , authorizing the apprehension of Rigdon and JS. The two church leaders left , Ohio, in company of on the same day, 27 July, intending to travel to and visit members of the church there. However, when they arrived in Painesville, sheriff took JS and Rigdon into custody because of the debt to Seymour & Griffith; JS’s arrest was connected, in addition, to another complaint begun 26 July by Kirtland resident for an unpaid debt. JS’s history noted that he and his companions were detained in Painesville “all day by malicious and vexatious Law suits.” At some point before the October court term, the debt with Seymour & Griffith was apparently satisfied outside of the court, the plaintiffs discontinued their suit, and Rigdon and JS were “discharged by order of the plaintiffs.” The court ordered the plaintiffs to pay the costs of the suit.
 
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.

Footnotes

  1. 1

    See “Fresh Fall Goods,” Painesville (OH) Republican, 12 Jan. 1837, [4]; “Pork,” Painesville Republican, 2 Mar. 1837, [3]; and Transcript of Proceedings, ca. 3 Apr. 1838, Chase v. Seymour and Griffith [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. V, p. 19, microfilm 20,280, U.S. and Canada Record Collection, FHL. These promissory notes may have represented a personal debt owed by JS and Rigdon or had some affiliation with JS and Rigdon’s store in Chester, Ohio, operating under the firm name Rigdon, Smith & Co. (“Notice,” Messenger and Advocate, Feb. 1837, 3:458; Historical Introduction to Letter from Emma Smith, 3 May 1837.)  

    Painesville Republican. Painesville, OH. 1836–1841.

    U.S. and Canada Record Collection. FHL.

    Latter Day Saints’ Messenger and Advocate. Kirtland, OH. Oct. 1834–Sept. 1837.

  2. 2

    Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS]. Three of the promissory notes were created on 10 February 1837, with a fourth promissory note created on 9 March 1837 for $100. The three-dollar difference between the debt and the damages likely represents interest on the notes.  

  3. 3

    Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS]. See also An Act Concerning Mesne Process in Civil and Criminal Cases [10 Feb. 1831], Statutes of Ohio, vol. 3, p. 1718, sec. 1.)  

    The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.

  4. 4

    JS History, vol. B-1, 767.  

  5. 5

    Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS]. For more on the litigation from Barker, see Transcript of Proceedings, Barker for the use of Bump v. JS and O. Cowdery, ca. 24 Oct. 1837 [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 237, microfilm 20,270, U.S. and Canada Records Collection, FHL.  

    U.S. and Canada Record Collection. FHL.

  6. 6

    JS History, vol. B-1, 767, addenda, 6nS.  

  7. 7

    Transcript of Proceedings, ca. 24 Oct. 1837 [Seymour & Griffith v. Rigdon and JS].  

  8. 8

    Transcript of Proceedings, ca. 24 Oct. 1837 [Seymour & Griffith v. Rigdon and JS]. According to Ohio statute, the defendant shall recover costs against the plaintiff when a case is discontinued. Seymour & Griffith was meant to pay the defendants’ costs of $1.11, but it is not clear from extant records whether the firm did so. (An Act Prescribing Forms of Writs in Civil Causes and Directing the Mode of Proceeding Therein [1 Aug. 1792], Statutes of Ohio, vol. 1, p. 132, sec. 6; Docket Entry, Costs, ca. 24 Oct. 1837 [Seymour & Griffith v. Rigdon and JS].)  

    The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.