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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]

Introduction to Barker for the use of Bump v. JS and O. Cowdery

Page

Barker for the use of Bump v. JS and O. Cowdery
Geauga Co., Ohio, Court of Common Pleas, circa 24 October 1837
 
Historical Introduction
On 26 July 1837,
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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through his attorneys
Reuben Hitchcock

2 Sept. 1806–9 Dec. 1883. Attorney, judge, railroad executive. Born in Burton, Geauga Co., Ohio. Son of Peter Hitchcock and Nabby Cook. Moved to New Haven, New Haven Co., Connecticut. Graduated from Yale University, 1826. Taught at Burton Academy, ca. 1826...

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and
Eli Wilder

27 Nov. 1813–3 June 1904. Lawyer, judge, realtor. Born in Hartland, Hartford Co., Connecticut. Son of Eli Wilder and Mary Johnson. Moved to Ashtabula Co., Ohio, 1837. Formed law partnership with Reuben Hitchcock, 11 July 1837, in Painesville, Geauga Co., ...

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1

Hitchcock and Wilder were partners in the Painesville, Ohio, law firm Hitchcock & Wilder. (History of Geauga and Lake Counties, Ohio, 61.)


Comprehensive Works Cited

History of Geauga and Lake Counties, Ohio, with Illustrations and Biographical Sketches of Its Pioneers and Most Prominent Men. Philadelphia: Williams Brothers, 1878.

commenced litigation against 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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to reclaim an unpaid promissory note owed to Latter-day Saint
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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.
2

Capias ad Respondendum, 26 July 1837 [Barker for the use of Bump v. JS and O. Cowdery]. “When a suit is brought in the name of one person for the use of another, . . . the only object of naming the assignee in the suit, is to show who controls the suit, and to whom the officer may pay over the avails of the judgment.” (Swan, Practice in Civil Actions and Proceedings at Law in Ohio, 1:36.)


Comprehensive Works Cited

Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

JS and Cowdery had become indebted to Barker on 7 July 1836 in the amount of $621.32. The promissory note they gave him was intended to be paid in money or
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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land by 1 September 1836. At some point before 26 July 1837, the note was assigned to Bump and a balance of $214.34 remained unpaid. On 26 July, the
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...

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Court of Common Pleas issued a capias for JS and Cowdery’s apprehension.
3

Promissory Note, 7 July 1836 [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]. This writ commands the officer to arrest the defendant and bring him before the court to answer the plaintiff’s charges. (“Capias ad Respondendum,” in Bouvier, Law Dictionary, 1:152; An Act Concerning Mesne Process in Civil and Criminal Cases [10 Feb. 1831], Statutes of Ohio, vol. 3, p. 1718, sec. 1.)


Comprehensive Works Cited

Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

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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took JS into custody the next day as he and several other church leaders traveled through
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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, Ohio, on a trip north to visit Latter-day Saints in
Canada

In late eighteenth and early nineteenth centuries, Canada referred to British colonies of Upper Canada and Lower Canada. Divided into Upper Canada and Lower Canada, 1791; reunited 10 Feb. 1841. Boundaries corresponded roughly to present-day Ontario (Upper...

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.
4

Transcript of Proceedings, ca. 24 Oct. 1837 [Barker for the use of Bump v. JS and O. Cowdery]. JS was accompanied by Sidney Rigdon, Brigham Young, and Thomas B. Marsh. They were stopped en route at Painesville, where JS was detained “all day by malicious and vexatious Law suits.” He and Rigdon were taken into custody in relation to Seymour & Griffith v. Rigdon and JS, and JS was also arrested in connection with the Barker suit. According to Young, JS was arrested six times that day. (JS History, vol. B-1, 767, addenda, 6nS; Minutes, 3 September 1837; Introduction to Seymour & Griffith v. Rigdon and JS; “History of Brigham Young,” Deseret News, 10 Feb. 1858, 386.)


Comprehensive Works Cited

Deseret News. Salt Lake City. 1850–.

When Kimball took JS’s bail bond, Anson Cook and others signed the bond as sureties guaranteeing JS’s appearance at the next term of court.
5

Transcript of Proceedings, ca. 24 Oct. 1837 [Barker for the use of Bump v. JS and O. Cowdery].


The debt was apparently satisfied before the October term, however, and the plaintiff discontinued the suit.
6

Transcript of Proceedings, ca. 24 Oct. 1837 [Barker for the use of Bump v. JS and O. Cowdery].


 
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.
 

1836 (1)

July (1)

7 July 1836

JS and Oliver Cowdery, Promissory Note, Kirtland Township, Geauga Co., OH, to William Barker
1

Note for $621.32 due 1 September 1836.


  • 7 July 1836. Not extant.
  • Ca. 24 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 237, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
Geauga Co., Ohio, Court of Common Pleas

1837 (5)

July (2)

26 July 1837

Charles H. Foot, Capias ad Respondendum, to Geauga Co. Sheriff, for JS and Oliver Cowdery, Chardon, Geauga Co., OH

  • 26 July 1837. Not extant.
  • Ca. 24 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 237, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
27 July 1837

Anson Cook and Others, Bond, Geauga Co., OH

  • 27 July 1837. Not extant.
    1

    See Transcript of Proceedings, ca. 24 Oct. 1837 [Barker for the use of Bump v. JS and O. Cowdery].


October (3)

Ca. 24 October 1837

Docket Entry, Costs, Chardon, Geauga Co., OH

  • Ca. 24 Oct. 1837; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 213, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notations in handwriting of David D. Aiken with signature of Abel Kimball.
Ca. 24 October 1837

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 24 Oct. 1837; Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 237, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; signature presumably of Van R. Humphrey.
Ca. 24 October 1837

Execution, Chardon, Geauga Co., OH

  • Ca. 24 Oct. 1837. Not extant.
    1

    See Transcript of Proceedings, ca. 24 Oct. 1837 [Barker for the use of Bump v. JS and O. Cowdery]. Although the transcript includes instruction for an execution to be issued, the execution is not recorded in the execution docket book. (See Docket Entry, Costs, ca. 24 Oct. 1837 [Barker for the use of Bump v. JS and O. Cowdery].)


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Introduction to Barker for the use of Bump v. JS and O. Cowdery
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    Footnotes

    1. [1]

      Hitchcock and Wilder were partners in the Painesville, Ohio, law firm Hitchcock & Wilder. (History of Geauga and Lake Counties, Ohio, 61.)

      History of Geauga and Lake Counties, Ohio, with Illustrations and Biographical Sketches of Its Pioneers and Most Prominent Men. Philadelphia: Williams Brothers, 1878.

    2. [2]

      Capias ad Respondendum, 26 July 1837 [Barker for the use of Bump v. JS and O. Cowdery]. “When a suit is brought in the name of one person for the use of another, . . . the only object of naming the assignee in the suit, is to show who controls the suit, and to whom the officer may pay over the avails of the judgment.” (Swan, Practice in Civil Actions and Proceedings at Law in Ohio, 1:36.)

      Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

    3. [3]

      Promissory Note, 7 July 1836 [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]. This writ commands the officer to arrest the defendant and bring him before the court to answer the plaintiff’s charges. (“Capias ad Respondendum,” in Bouvier, Law Dictionary, 1:152; An Act Concerning Mesne Process in Civil and Criminal Cases [10 Feb. 1831], Statutes of Ohio, vol. 3, p. 1718, sec. 1.)

      Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

      Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

    4. [4]

      Transcript of Proceedings, ca. 24 Oct. 1837 [Barker for the use of Bump v. JS and O. Cowdery]. JS was accompanied by Sidney Rigdon, Brigham Young, and Thomas B. Marsh. They were stopped en route at Painesville, where JS was detained “all day by malicious and vexatious Law suits.” He and Rigdon were taken into custody in relation to Seymour & Griffith v. Rigdon and JS, and JS was also arrested in connection with the Barker suit. According to Young, JS was arrested six times that day. (JS History, vol. B-1, 767, addenda, 6nS; Minutes, 3 September 1837; Introduction to Seymour & Griffith v. Rigdon and JS; “History of Brigham Young,” Deseret News, 10 Feb. 1858, 386.)

      Deseret News. Salt Lake City. 1850–.

    5. [5]

      Transcript of Proceedings, ca. 24 Oct. 1837 [Barker for the use of Bump v. JS and O. Cowdery].

    6. [6]

      Transcript of Proceedings, ca. 24 Oct. 1837 [Barker for the use of Bump v. JS and O. Cowdery].

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