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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]

Capias ad Respondendum, 6 June 1837 [Eaton v. JS and O. Cowdery]

Source Note

David 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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,
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...

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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. ...

More Info
, Geauga Co., OH, 6 June [1837], Eaton v. JS and O. Cowdery (Geauga Co., OH, Court of Common Pleas 1837). Copied [ca. 27 Oct. 1837] in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 277; handwriting of Charles H. Foot; 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 ]
Transcript of Proceedings, circa 27 October 1837 [ Eaton v. JS and O. Cowdery ]

Page 277

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 that you 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 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...

More Info
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. ...

More Info
to answer unto
Winthrop Eaton

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 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 two thousand dollars, and have you then there this writ.
Witness the Honourable
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 Judge 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. ...

More Info
this sixth day of June AD 1836.
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.
[. . .]
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 upon a promissory note dated October 11th 1836 payable six months after date given by defendants to
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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: Also for money lent and on an account stated; Amt. ap.pearing due $1150.00.
[. . .]
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.} In obedience to the command of this writ I have executed the same by bringing the body of Joseph Smith Jr. forward and he is now in court this 9th day of June 1837—
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...

View Full Bio
was not to be found in my
bailiwick

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

View Glossary
.
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. Sh[eri]ff.
E[ber] Benjamin

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Depty. [p. 277]
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Source Note

Document Transcript

Page 277

Document Information

Related Case Documents
Editorial Title
Capias ad Respondendum, 6 June 1837 [Eaton v. JS and O. Cowdery]
ID #
14598
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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