Joseph Smith and Civil Litigation
Between 1819 and 1844, JS participated in
approximately seventy-eight civil lawsuits in , , ,
, , and
. His roles in these cases varied. He brought
twenty of the cases as the plaintiff and acted as the defendant in
forty-eight others. He was subpoenaed to testify in seven cases, and
in three more he was a third party who was indirectly interested in
the outcome. Most of JS’s civil suits dealt with financial matters.
His experience with civil litigation was shaped by changing economic
conditions in the . Prior to the
eighteenth century, most economic transactions involved oral
promises between neighbors. But as the economy expanded, informal
transactions between local acquaintances were largely replaced by
financial agreements with distant strangers, mediated through
promissory notes and other written instruments in which the debtor
promised to repay the creditor within a certain time or on
demand. When debtors
failed to comply with the stipulations of the note, creditors hired
attorneys to collect or renegotiate the debt. When necessary,
creditors also brought litigation against negligent debtors, which
was often a costly and lengthy process.
The size of the debt determined which court a suit was
brought in. Twenty-six of JS’s civil suits
were heard before , the lowest
tier in the state court system, who were authorized to hear disputes
for up to one hundred dollars. Seven of these were
subsequently appealed or otherwise elevated to a higher court. Nearly all of the remaining
suits dealt with larger unpaid debts or sought significant damages
for wrongs committed. These cases were initiated in county-level
courts, which in , , and were known as courts of common pleas and in
and were called circuit
courts. One suit was brought by federal officials in a
United States District Court in , Illinois.
JS’s earliest exposure to a civil
lawsuit occurred in 1819, when his father and older brother— and —sued a , New York, neighbor, , for selling them
unsound horses. The Smiths won the suit before a justice of the
peace, in part based on the teenage JS’s testimony. Hurlbut appealed
to the , New York,
Court of Common Pleas, where a default judgment was rendered against
the Smiths after they failed to appear. Eleven years later JS
borrowed $190.95 from a , Pennsylvania, merchant, in part to complete the
purchase of property from his father-in-law, . As JS was preparing to leave , his creditor initiated an “amicable action”
against JS—the first civil suit in which he was a party—to ensure
payment through the courts. JS agreed to this measure and repaid the
debt the following year.
Financial growth in nineteenth-century America was usually
accomplished by first going into debt, as few individuals could
raise adequate funds for ambitious projects. During the 1830s,
church members sought to build in and a of Zion in ,
a collective endeavor that required substantial resources. While the
church sought to implement consecration and tithing to raise funds
internally, over time church leaders realized that fulfilling divine
mandates—including building a —would require additional
sources of capital.
In their efforts to build Zion, in the mid-1830s JS and other church leaders formed
multiple firms or partnerships that operated mercantile stores in
and , Ohio. The firms purchased thousands of dollars
in inventory from wholesale merchants in on credit, using promissory notes assuring repayment
in the future, usually three to six months later. Church leaders
hoped to make the required payments by selling the goods they had
purchased. In
November 1836 church leaders also established a community bank, the
, in an
effort to strengthen the local economy. The society was funded in
part by stockholders and in part by loans in the form of promissory
notes from other financial institutions. By January 1837, JS and
other church leaders had been unable to get a state charter for the
Kirtland Safety Society, so they decided to restructure it as an
unchartered banking company.
A nationwide economic downturn in 1837 dashed the
Latter-day Saints’ financial ambitions. During the ensuing financial crisis,
creditors across the
turned to the courts to collect debts and thereby “created an untold
volume of litigation.” When the -area firms failed to pay their promissory notes
to merchants on time, those in possession of the notes
hired lawyers to pursue debt litigation in the local courts, which
resulted in JS being named as a defendant in
dozens of suits. As a plaintiff, JS
sought to collect small debts on behalf of the firms before Kirtland
justices of the peace. In
addition, civil proceedings were brought against JS and others based
on an statute that banned unchartered banks. In early 1838, JS relocated from Ohio
to , but he authorized agents to settle his debts
and answer remaining lawsuits in Ohio.
Another major financial transaction that led to
subsequent litigation occurred in September 1840, when JS and other church leaders
purchased a steamboat from the federal government for $4,866.38
using a promissory note. They intended to use the boat to ferry
church members as well as transport goods for a fee on the . After operating
for only about a month, the steamboat crashed on a sandbar and was
severely damaged. The loss of the boat resulted in multiple lawsuits
in the 1840s, as JS and the other signatories attempted to recoup
their losses and in turn were sued for unfulfilled obligations. In 1842, the
cumulative weight of the church’s debts incurred in his name, or
subsequently assumed by him, led JS to avail himself of a recently
passed federal bankruptcy bill. In response,
federal officials in 1842 sued JS and the other signatories on the
1840 note to collect payment for the steamboat, resulting in a
default judgment against them.
Several civil suits resulted from confrontations
between JS and his antagonists. Some of
these stemmed from the 1838 conflict between the Latter-day Saints
and their opponents in . Others developed out of
conflicts between JS and dissenters in , Illinois, in
late 1843 and early 1844. At the May 1844 term of the , Illinois,
circuit court, JS’s critics sought to overwhelm him with litigation,
bringing six civil suits against him. Most of these suits, which
targeted JS in his capacity as mayor and judge in Nauvoo, were still
pending at his death on 27 June 1844.
JS’s record in these suits was
mixed. Of the twenty suits that JS brought as the plaintiff, he
prevailed in nine cases and lost one suit
outright; the
remaining ten were dismissed. Of the forty-eight
cases in which he was the defendant, he lost twenty-nine and the remaining nineteen were either
dismissed or not litigated. In all, civil litigation accounted for
more than 40 percent of the approximately 190 cases JS was involved
in.
For criminal prosecutions in which JS participated, see Joseph
Smith and the Criminal Justice System. For civil suits
over which he presided as a judge in , see the Joseph
Smith as a Judge finding aid. For civil suits involving
his estate, see The Estate of
JS.
JS as Plaintiff
Millet for the use of
JS v. Woodstock, Kirtland Township, OH,
Justice of the Peace Court, 20 July 1837
Rigdon, Smith &
Cowdery for the use of JS v. Woodworth,
Kirtland Township, OH, Justice of the Peace Court, ca. 31
July 1837
Cahoon, Carter &
Co. for the use of JS v. Avery, Kirtland
Township, OH, Justice of the Peace Court, 5 August 1837
Cahoon, Carter &
Co. for the use of JS v. Draper, Kirtland
Township, OH, Justice of the Peace Court, ca. August
1837
JS for the use of J.
Hitchcock and J. R. Hitchcock v. Cheney,
Geauga Co., OH, Court of Common Pleas, 24 October 1837
JS for the use of J.
Granger v. Smalling and Coltrin, Geauga
Co., OH, Court of Common Pleas, 8 November 1838
JS v.
McLellin, Clay Co., MO, Circuit Court, 21
August 1839
Rigdon, JS, O.
Cowdery, and H. Smith for the use of L. Cowdery v.
W. Smith, Geauga Co., OH, Court of Common
Pleas, 12 November 1839
Miller, Haws, JS, and
H. Smith v. B. Holladay and W. Holladay,
Hancock Co., IL, Circuit Court, 7 May 1841
JS v.
Shearer, Nauvoo, IL, Justice of the Peace
Court, 26 February 1842
JS v. Hinkle, U.S.
District Court for Lee Co., Iowa Territory, 29 April
1842
JS v. Fuller, Nauvoo,
IL, Justice of the Peace Court, 24 May 1843
JS v. Reynolds and
Wilson–B, Lee Co., IL, Circuit Court, ca.
26 June 1843
JS v. La Forest,
Nauvoo, IL, Justice of the Peace Court, 17 August 1843
JS v.
Brotherton, St. Louis, MO, Circuit Court, 22
September 1843
JS v. Reynolds and
Wilson–A, Lee Co., IL, Circuit Court, 10
May 1844
JS v.
Emmons, Nauvoo, IL, Justice of the Peace
Court, 7 June 1844
JS v. O.
Cowdery, Hancock Co., IL, Circuit Court, in
Chancery, 29 October 1844
Phelps Assignee of JS
v. Wilson Law, Hancock Co., IL, Circuit
Court, 21 May 1845
JS, H. Smith, Haws, G.
Miller, and the estate of Knight v. C. B. Street and
M. B. Street, Hancock Co., IL, Circuit
Court, ca. 22 May 1846
JS as Defendant
Noble & Co. v.
JS, Susquehanna Co., PA, Court of Common
Pleas, ca. 29 November 1830
D. Lake v.
JS, Geauga Co., OH, Court of Common Pleas, 19
June 1835
Rounds qui tam v.
JS, Geauga Co., OH, Court of Common
Pleas, 10 February 1837
Usher v.
JS–A, Kirtland Township, Geauga Co., OH,
Justice of the Peace Court, 15 March 1837
Martindale v. JS,
Whitney, Cahoon, and Johnson, Geauga Co.,
OH, Court of Common Pleas, 5 June 1837
E. Holmes v. Dayton,
Slitor, and JS, Geauga Co., OH, Court of
Common Pleas, 5 June 1837
G. Patterson and J.
Patterson v. Cahoon, Carter & Co. and Rigdon,
Smith & Cowdery, Geauga Co., OH,
Court of Common Pleas, 5 June 1837
Bank of Geauga v. JS,
Whitney, and Rigdon, Geauga Co., OH,
Court of Common Pleas, 6 June 1837
Kelley v. Rigdon,
Smith & Cowdery, Geauga Co., OH,
Court of Common Pleas, 6 June 1837
C. Lake for the Use of
Quinn v. Millet, JS, and H. Smith,
Kirtland Township, Geauga Co., OH, Justice of the Peace
Court, 10 July 1837
Usher v.
JS–B, Kirtland Township, Geauga Co., OH,
Justice of the Peace Court, 17 August 1837
Bailey, Keeler &
Remsen v. Smith & Cowdery, Geauga
Co., OH, Court of Common Pleas, circa September 1837, not
litigated
Newbould v. Rigdon,
Smith & Cowdery, Geauga Co., OH,
Court of Common Pleas, 24 October 1837
Seymour & Griffith
v. Rigdon and JS, Geauga Co., OH, Court
of Common Pleas, ca. 24 October 1837
Barker for the use of
Bump v. JS and O. Cowdery, Geauga Co.,
OH, Court of Common Pleas, ca. 24 October 1837
Eaton v. JS and O.
Cowdery, Geauga Co., OH, Court of Common
Pleas, 27 October 1837
Foster Sr. v. Luke
Johnson, Lyman Johnson, H. Smith, and JS,
Kirtland Township, Geauga Co., OH, Justice of the Peace
Court, 23 December 1837
Bump v. JS,
Kirtland Township, Geauga Co., OH, Justice of the Peace
Court, ca. 1 January 1838
Bump v. S. Smith and
JS, Kirtland Township, Geauga Co., OH,
Justice of the Peace Court, 2 January 1838
M. Allen v. JS,
Cowdery, Carter, Knight, Orton, and
Cahoon, Kirtland Township, Geauga Co., OH,
Justice of the Peace Court, 8 January 1838
W. W. Spencer v.
Cahoon, Carter, H. Smith, JS, Rigdon, and W.
Smith, Kirtland Township, Geauga Co., OH,
Justice of the Peace Court, ca. 25 January 1838
Boynton and Hyde v.
JS, Geauga Co., OH, Court of Common
Pleas, 3 April 1838
Commercial Bank of
Lake Erie v. Cahoon, JS, and Young,
Geauga Co., OH, Court of Common Pleas, 3 April 1838
Stannard v. Young,
Pratt, and JS, Geauga Co., OH, Court of
Common Pleas, 3 April 1838
Wright v. Rigdon, JS,
Cowdery, Whitney, and Johnson, Geauga
Co., OH, Court of Common Pleas, ca. 3 April 1838
L. Holmes and C.
Holmes v. JS and Cahoon, Geauga Co., OH,
Court of Common Pleas, ca. 3 April 1838
M. Allen v. O.
Granger, Geauga Co., OH, Court of Common
Pleas, 4 June 1838
Bailey & Reynolds
v. Rigdon, JS, H. Smith, Bosley, and
Johnson, Geauga Co., OH, Court of Common
Pleas, 12 June 1838
Stannard v. Young and
JS, Geauga Co., OH, Court of Common
Pleas, 3 October 1838
Underwood, Bald,
Spencer & Hufty v. Rigdon et al.,
Geauga Co., OH, Court of Common Pleas, 16 April 1839
Halsted, Haines &
Co. v. O. Granger et al., Geauga Co., OH,
Court of Common Pleas, ca. 16 April 1839
Boosinger v. JS, O.
Cowdery, Rigdon, and H. Smith, Caldwell
Co., MO, Circuit Court, 10 November 1839
Boosinger v. O.
Cowdery, JS, and H. Smith, Caldwell Co.,
MO, Circuit Court, 12 November 1839
Scribner v. Rigdon,
Smith & Co., Geauga Co., OH, Court of
Common Pleas, ca. 20 October 1840
Hibbard for the use of
Hungerford & Livingston v. Miller and
JS, Hancock Co., IL, Circuit Court, 8 May
1841
Sweeney v. Miller, JS,
H. Smith, and Haws, Hancock Co., IL,
Circuit Court, 5 May 1842
United States v. Haws,
H. W. Miller, G. Miller, JS, and H.
Smith, U. S. District Court for the District of
Illinois, Springfield, IL, 11 June 1842
W. Schwartz, Edward
Schwartz Jr., I. Schwartz, Eliza Schwartz, Horatio
Schwartz, J. Schwartz, Hiram Schwartz, and Elizabeth
Schwartz v. JS, Hancock Co., IL, Circuit
Court, ca. October 1843, not litigated
Bump Administrator of
the Estate of Stannard v. Young and JS,
Geauga Co., OH, Court of Common Pleas, ca. 4 October
1842
Clayton v. E. W.
Rhodes, O. Rhodes, Alonzo Rhodes, Alvin Rhodes, W.
Rhodes, R. Rhodes, Helen Rhodes, JS, and Hugh
Rhodes, Administrator of the Estate of E.
Rhodes, Hancock Co., IL, Circuit Court,
in Chancery, 21 October 1843
Russell v. JS et
al., Geauga Co., OH, Court of Common
Pleas, in Chancery, 18 March 1844
Bostwick v. JS and
Greene, Hancock Co., IL, Circuit Court,
20 May 1844
F. M. Higbee v.
JS–A, Hancock Co., IL, Circuit Court, 23
May 1844
Bostwick v.
JS, Hancock Co., IL, Circuit Court, in
Chancery, 27 May 1844
C. A. Foster v. JS and
Coolidge, McDonough Co., IL, Circuit
Court, 27 August 1844
F. M. Higbee v.
JS–B, McDonough Co., IL, Circuit Court,
27 August 1844
Sympson v.
JS, McDonough Co., IL, Circuit Court, 27
August 1844
Davis v. JS, Spencer,
and Greene, Hancock Co., IL, Circuit
Court, 21 October 1844
JS as Witness
Joseph Smith Sr. v. J.
Hurlbut, Ontario Co., NY, Court of Common
Pleas, ca. August 1819
Fisher v.
Stratton, Kirtland Township, OH, Justice
of the Peace Court, 29 June 1837
J. Johnson v.
Remonstrants, Geauga Co., OH, Court of
Common Pleas, 5 April 1834
Singley v.
Rigdon, Hancock Co., IL, Circuit Court, 6 May
1841
Robinson v. C.
Granger, Hancock Co., IL, Circuit Court,
6 May 1842
R. D. Foster v.
Hawn, Nauvoo, IL, Justice of the Peace
Court, 15 January 1844
Niswanger v. Wight and
Jett, Hancock Co., IL, Circuit Court, 23
May 1844
JS as Third Party
Wilder and Strong v.
Rounds, Kirtland Township, OH, Justice of
the Peace Court, 18 January 1838
Niswanger v.
Greene, Nauvoo, IL, Justice of the Peace
Court, 18 December 1840
Gray v. A.
Allen, Hancock Co., IL, Circuit Court, 10 May
1841