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Introduction to Kelley v. Rigdon, Smith & Cowdery Capias ad Respondendum, 22 March 1837 [Kelley v. Rigdon, Smith & Cowdery] Special Bail, 25 March 1837 [Kelley v. Rigdon, Smith & Cowdery] Declaration, circa 24 April 1837 [Kelley v. Rigdon, Smith & Cowdery] Docket Entry, Judgment, 6 June 1837 [Kelley v. Rigdon, Smith & Cowdery] Docket Entry, Costs, circa 6 June 1837 [Kelley v. Rigdon, Smith & Cowdery] Transcript of Proceedings, circa 6 June 1837 [Kelley v. Rigdon, Smith & Cowdery]

Docket Entry, Costs, circa 6 June 1837 [Kelley v. Rigdon, Smith & Cowdery]

Source Note

Docket Entry, Costs, [
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], [ca. 6 June 1837], Kelley v. Rigdon, Smith & Cowdery (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas,
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...

View Glossary
Docket, vol. G, p. 58; handwriting of
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...

View Full Bio
; Geauga County Archives and Records Center, Chardon, OH. Includes notations by
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...

View Full Bio
, [
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], ca. 19 June 1837, ca. 24 Oct. 1837, ca. 4 June 1838, ca. 6 Nov. 1838, ca. 4 June 1839, and ca. 25 Nov. 1841. Includes notations by Charles H. Foot, ca. 23 Apr. 1838, ca. 18 Sept. 1838, and ca. 24 June 1839. Includes notations by unidentified scribe, ca. 10 May 1839, ca. 12 Aug. 1842, ca. 23 Feb. 1844, and ca. 15 Jan. 1847. Includes notation by John French, ca. 26 Mar. 1844. Includes notation by Lorenzo J. Rider, ca. 30 Mar. 1847.

Historical Introduction

See Introduction to Kelley v. Rigdon, Smith & Cowdery.

Page 58

<​H[endrick] E. Paine for costs at request of P. & O [Perkins & Osborn].​>

Insertion in unidentified handwriting.


Hezekiah Kell[e]y

18 June 1804–19 July 1882. Merchant, land investor, miner. Born in Connecticut. Moved to New York City, by 1830. Married Phebe, before 1831. Invested in and sold land in Erie Co., New York, early 1830s. Sued Rigdon, Smith & Cowdery to collect on unpaid promissory...

View Full Bio
)
P & O.
vs. U. 97. )
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...

View Full Bio
)
Case
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...

View Full Bio
)
Judg[men]t. for
pl[ainti]ff

18 June 1804–19 July 1882. Merchant, land investor, miner. Born in Connecticut. Moved to New York City, by 1830. Married Phebe, before 1831. Invested in and sold land in Erie Co., New York, early 1830s. Sued Rigdon, Smith & Cowdery to collect on unpaid promissory...

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. June 5, 1837
Damages $2083.47
plff

18 June 1804–19 July 1882. Merchant, land investor, miner. Born in Connecticut. Moved to New York City, by 1830. Married Phebe, before 1831. Invested in and sold land in Erie Co., New York, early 1830s. Sued Rigdon, Smith & Cowdery to collect on unpaid promissory...

View Full Bio
’s costs
10.53
def[endan]ts do 1.56
Costs Plff Deft.
Cl[er]k [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...

View Full Bio
3 36 1 56
Sh[eri]ff. Kim. [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...

View Full Bio
2 17
Att[orne]y 5 00

Notation in handwriting of David D. Aiken.


1837. June 19., fi. fa. [
fieri facias

Abbreviated “fi. fa.” It is a writ of execution “that lies for him who has recovered any debt or damages. . . . It is a command to the sheriff, that of the goods and chattels of the party he cause to be made the sum recovered by the judgment.”

View Glossary
] issued & forwd. to
plff

18 June 1804–19 July 1882. Merchant, land investor, miner. Born in Connecticut. Moved to New York City, by 1830. Married Phebe, before 1831. Invested in and sold land in Erie Co., New York, early 1830s. Sued Rigdon, Smith & Cowdery to collect on unpaid promissory...

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s Attys. by Edwd. Babcock
Returned Oct. 24. 1837 without any endorsement.
Clk

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...

View Full Bio
’s fee $0.35.

Notation in handwriting of Charles H. Foot.


1838 April 23.
al[ias]

“Otherwise called”; a word that is “prefixed to the name of a second writ of the same kind issued in the same cause,” such as alias fieri facias.

View Glossary
. fi. fa. issued & d.d to
Shff 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
,

Notation in handwriting of David D. Aiken.


Returned June 4, 1838, the
Shff

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
having levied the same and another
Ex[ecution]

“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...

View Glossary
. in favour of
John A. Newbould

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

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vs same defendants, on lands, (see writs) which were duly appraised, and not advertised for want of time—
Shff

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
’s fees $1.35
cl[er]k

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...

View Full Bio
0.35.

Notation in handwriting of Charles H. Foot.


1838 Sept. 18. Vend. Ex. [
Venditioni Exponas

A writ of execution commanding a sheriff “to sell goods or chattels, and, in some states, lands, which he has taken in execution by virtue of a fieri facias, and which remains unsold.”

View Glossary
] &
Plu[ries]

“A writ that issues in the third instance after the first and the alias have been ineffectual.”

View Glossary
fi. fa. issued & ford. to P & O. by A[lfred] Phelps,

Notation in handwriting of David D. Aiken.


Returned Nov. 6. 1838, the property not advertised for want of funds to pay printer, and no other property found whereon to levy—
Shff

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
$1.75
Clk

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...

View Full Bio
0.50.

Notation in unidentified handwriting.


1839 May 10. al[ias]. vend. Ex. issued & forwd to P & O.
plff

18 June 1804–19 July 1882. Merchant, land investor, miner. Born in Connecticut. Moved to New York City, by 1830. Married Phebe, before 1831. Invested in and sold land in Erie Co., New York, early 1830s. Sued Rigdon, Smith & Cowdery to collect on unpaid promissory...

View Full Bio
s Attys per G. W. Mygott

Notation in handwriting of David D. Aiken.


Returned by
plff

18 June 1804–19 July 1882. Merchant, land investor, miner. Born in Connecticut. Moved to New York City, by 1830. Married Phebe, before 1831. Invested in and sold land in Erie Co., New York, early 1830s. Sued Rigdon, Smith & Cowdery to collect on unpaid promissory...

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’s atty’s. Clerk’s fees $0.50—
1839 June 4 Pl. fi. fa. issued &

Notation in handwriting of Charles H. Foot.


d.d to Perkins & Osborn Returned June 24. 1839 levied upon lands, which were appraised, advertised & offered for sale but not sold for want of bidders.
Shff

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
s fees $8.25 Clerks <​$0.35​>

Insertion in handwriting of David D. Aiken.


Notation in handwriting of David D. Aiken.


1841 Nov. 25. al. fi. fa. issued & dd
Shff. S. [Erastus Spencer]

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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— Returned March 29. 1842, the
Shff

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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having for want of goods & chattels levied on lands in
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...

More Info
(see Ex.) which were appraised (at $1600)— but not advertised by order of
plff

18 June 1804–19 July 1882. Merchant, land investor, miner. Born in Connecticut. Moved to New York City, by 1830. Married Phebe, before 1831. Invested in and sold land in Erie Co., New York, early 1830s. Sued Rigdon, Smith & Cowdery to collect on unpaid promissory...

View Full Bio
’s atty—
Shff

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

View Full Bio
’s fees $10.25 Clk 0.35.—

Notation in unidentified handwriting.


August 12. 1842. Vend Ex & al. fi. fa. issued & dd
Shff Spencer

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

View Full Bio
Retd Oct 4. 1842. lands not advertised by order of
plff

18 June 1804–19 July 1882. Merchant, land investor, miner. Born in Connecticut. Moved to New York City, by 1830. Married Phebe, before 1831. Invested in and sold land in Erie Co., New York, early 1830s. Sued Rigdon, Smith & Cowdery to collect on unpaid promissory...

View Full Bio
s Attys
Shff

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

View Full Bio
s fees $1.75 Clerks do 0.55 <​0.50​>

Insertion in handwriting of David D. Aiken.


Notation in unidentified handwriting.


1844 Feb. 23 Vend Ex & Plu fi fa. issued & dd to
S[almon] Osborn

21 Oct. 1804–4 Mar. 1904. Attorney, bank executive. Born in Walton, Delaware Co., New York. Son of Samuel Osborn and Polly Webster. Moved to Jefferson, Ashtabula Co., Ohio, 1813; to Erie, Erie Co., Pennsylvania, 1814; and to Sandusky, Huron Co., Ohio, 1816...

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Esqr

Notation in handwriting of John French.


Returned March 26. 1844. Levied upon sundry peices of Land in
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...

More Info
which was duly appraised but not advertised for want of time Sheriffs fees $7.25 Clerk <​0.50​>

Insertion in handwriting of David D. Aiken.


Notation in unidentified handwriting.


1847 Jany. 15th Al Vend Ex issd. & d.d. to Shff E.

Notation in handwriting of Lorenzo J. Rider.


Returned March 30 1847 Sheriff having sold one piece of said land containing thirteen acres to Perkins & Osborn for thirty four dollars and sixty eight cents the remainder unsold for want of bidders Shffs fees $19.95 Clerks do $2.50 Sale approved & deed ordered on payment of costs March 30 1847— Clerks fees 88c [p. 58]
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Source Note

Document Transcript

Page 58

Document Information

Related Case Documents
Editorial Title
Docket Entry, Costs, circa 6 June 1837 [Kelley v. Rigdon, Smith & Cowdery]
ID #
4510
Total Pages
1
Print Volume Location
Handwriting on This Page
  • Unidentified
  • David D. Aiken
  • Charles H. Foot
  • John French
  • Lorenzo J. Rider

Footnotes

  1. new scribe logo

    Insertion in unidentified handwriting.

  2. new scribe logo

    Notation in handwriting of David D. Aiken.

  3. new scribe logo

    Notation in handwriting of Charles H. Foot.

  4. new scribe logo

    Notation in handwriting of David D. Aiken.

  5. new scribe logo

    Notation in handwriting of Charles H. Foot.

  6. new scribe logo

    Notation in handwriting of David D. Aiken.

  7. new scribe logo

    Notation in unidentified handwriting.

  8. new scribe logo

    Notation in handwriting of David D. Aiken.

  9. new scribe logo

    Notation in handwriting of Charles H. Foot.

  10. new scribe logo

    Insertion in handwriting of David D. Aiken.

  11. new scribe logo

    Notation in handwriting of David D. Aiken.

  12. new scribe logo

    Notation in unidentified handwriting.

  13. new scribe logo

    Insertion in handwriting of David D. Aiken.

  14. new scribe logo

    Notation in unidentified handwriting.

  15. new scribe logo

    Notation in handwriting of John French.

  16. new scribe logo

    Insertion in handwriting of David D. Aiken.

  17. new scribe logo

    Notation in unidentified handwriting.

  18. new scribe logo

    Notation in handwriting of Lorenzo J. Rider.

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