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Introduction to Barker for the use of Bump v. JS and O. Cowdery Promissory Note to William Barker, 7 July 1836 Capias ad Respondendum, 26 July 1837 [Barker for the use of Bump v. JS and O. Cowdery] Docket Entry, Costs, circa 24 October 1837 [Barker for the use of Bump v. JS and O. Cowdery] Transcript of Proceedings, circa 24 October 1837 [Barker for the use of Bump v. JS and O. Cowdery]

Capias ad Respondendum, 26 July 1837 [Barker for the use of Bump v. JS and O. Cowdery]

Source Note

Charles H. Foot,
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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, to
Geauga Co.

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
Sheriff [
Abel 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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], for JS and
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

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, [
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, 26 July 1837, Barker for the use of Bump v. JS and O. Cowdery (Geauga Co., OH, Court of Common Pleas 1837). Copied [ca. 24 Oct. 1837] in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 237; handwriting of Charles H. Foot; Geauga County Archives and Records Center, Chardon, OH.

Historical Introduction

See Introduction to Barker for the use of Bump v. JS and O. Cowdery.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
Capias ad Respondendum, 26 July 1837 [ Barker for the use of Bump v. JS and O. Cowdery ]
Transcript of Proceedings, circa 24 October 1837 [ Barker for the use of Bump v. JS and O. Cowdery ]

Page 237

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...

More Info
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...

More Info
. . . Greeting:— We command you to take Joseph Smith Jr. and
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

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if they may 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 their bodies before our court of common pleas for the
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
aforesaid, 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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, on the twenty fourth day of October next to answer unto
William Barker

27 Sept. 1796–24 Jan. 1882. Farmer. Born in Massachusetts. Son of Caleb Barker and Sarah Eddy. Moved to Hoosick, Rensselaer Co., New York, by 1800. Married Sylvia McFarline. Moved to Granville, Washington Co., New York, by 1830. Moved to Kirtland, Geauga ...

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for the use of
Jacob Bump

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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in a plea of assumpsit; damages one thousand dollars: and have you then there this writ. Witness
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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President of our 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 26th. day of July A.D. 1837.
C[harles] H. Foot Dep. Clerk.
[. . .]
2

TEXT: Explanatory text separates the following notations, presumably copied from the verso of the original document, from the copied body text. The notations copied below are not necessarily a complete representation of all the text on the verso of the original document.


Suit brought on note given by defendants to
plaintiff

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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of which the following is a copy
“
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 July 7. 1836 for value received we promise to pay
William Barker

27 Sept. 1796–24 Jan. 1882. Farmer. Born in Massachusetts. Son of Caleb Barker and Sarah Eddy. Moved to Hoosick, Rensselaer Co., New York, by 1800. Married Sylvia McFarline. Moved to Granville, Washington Co., New York, by 1830. Moved to Kirtland, Geauga ...

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or bearer six hundred one twenty one dollars and thirty two cents in money or land in the State of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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by the first of September next. (Signed) Joseph Smith Jr.
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

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.”
Amount appearing due $214.34— Hold to Bail in the Sum of $428.68
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...

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July 25, 1837.
[. . .]
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...

More Info
ss.} I on this 27. day of July arrested the within named defts, and took J. Smith Jr.s Bail Bond with Anson Cook, William Earl &
V. Knights [Vinson Knight]

14 Mar. 1804–31 July 1842. Farmer, druggist, school warden. Born at Norwich, Hampshire Co., Massachusetts. Son of Rudolphus Knight and Rispah (Rizpah) Lee. Married Martha McBride, July 1826. Moved to Perrysburg, Cattaraugus Co., New York, by 1830. Owned farm...

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as sureties, conditioned that J. Smith Jr. appear before the court of com. at their next to be holden 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. ...

More Info
and enter
Special Bail

“Persons who undertake generally that if the defendant be condemned in the action, he shall satisfy the debt, costs, and damages . . . or that they will do it for him.” A plaintiff could initiate a civil suit by summons, which simply notified the defendant...

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in the action—
Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

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was not found held to bail by order of
J. Bump

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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the plff. a copy of bond is herewith returned.
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...

View Full Bio
2d. Shff. [p. 237]
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Source Note

Document Transcript

Page 237

Document Information

Related Case Documents
Editorial Title
Capias ad Respondendum, 26 July 1837 [Barker for the use of Bump v. JS and O. Cowdery]
ID #
6011
Total Pages
1
Print Volume Location
Handwriting on This Page
  • Charles H. Foot

Footnotes

  1. [1]

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

  2. [2]

    TEXT: Explanatory text separates the following notations, presumably copied from the verso of the original document, from the copied body text. The notations copied below are not necessarily a complete representation of all the text on the verso of the original document.

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