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Introduction to D. Lake v. JS Docket Entry, between 24 November and 4 December 1834 [D. Lake v. JS] Bond, 10 December 1834 [D. Lake v. JS] Declaration, circa 7 May 1835 [D. Lake v. JS] Plea, between 7 May and circa 16 June 1835 [D. Lake v. JS] Docket Entry, Judgment, 19 June 1835 [D. Lake v. JS] Docket Entry, Costs, circa 19 June 1835 [D. Lake v. JS] Transcript of Proceedings, circa 19 June 1835 [D. Lake v. JS]

Introduction to D. Lake v. JS

Page

D. Lake v. JS
Geauga Co., Ohio, Justice of the Peace Court, 4 December 1834
Geauga Co., Ohio, Court of Common Pleas, 19 June 1835
 
Historical Introduction
In November 1834, former Latter-day Saint
Dennis Lake

24 Sept. 1812–12 Sept. 1883. Farmer, laborer. Born in Ernestown, Lenox and Addington Co., Upper Canada. Son of James Lake Jr. and Mary. Married Mary Ann Pickle, 17 Nov. 1831, at Ernestown. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1832...

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brought a lawsuit against JS seeking payment for Lake’s participation in the 1834
Camp of Israel

A group of approximately 205 men and about 20 women and children led by JS to Missouri, May–July 1834, to redeem Zion by helping the Saints who had been driven from Jackson County, Missouri, regain their lands; later referred to as “Zion’s Camp.” A 24 February...

View Glossary
expedition.
1

Transcript of Proceedings, ca. 19 June 1835 [D. Lake v. JS].


After antagonists expelled church members from
Jackson County

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

More Info
, Missouri, in late 1833, Latter-day Saints traveled from
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

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and
Michigan Territory

Organized as territory, 1805, with Detroit as capital. De facto state government organized within territory, 1836, although not formally recognized as state by federal government until 1837. Lansing became new state capital, 1847. Population in 1810 about...

More Info
to assist the refugees. At the outset, camp members were asked to consecrate, or donate, money or goods to support the expedition.
2

See “Joseph Smith Documents from April 1834 through September 1835.”


Individuals who brought family members on the march were evidently exempt. There is no indication that participants were promised payment for their services. Lake was listed as donating $0.00 at the march’s commencement; he may have been accompanied by family members.
3

See Account with the Church of Christ, ca. 11–29 Aug. 1834.


After returning to
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

More Info
,
Lake

24 Sept. 1812–12 Sept. 1883. Farmer, laborer. Born in Ernestown, Lenox and Addington Co., Upper Canada. Son of James Lake Jr. and Mary. Married Mary Ann Pickle, 17 Nov. 1831, at Ernestown. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1832...

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initiated a lawsuit against JS seeking payment for labor and expenses on the expedition.
4

Transcript of Proceedings, ca. 19 June 1835 [D. Lake v. JS]. Brigham Young recalled that Lake charged JS “$30 a month for going up in Zion’s camp to Missouri” and that he said JS “had promised him a lot of land.” (See “History of Brigham Young,” Deseret News [Salt Lake City], 10 Feb. 1858, 385.)


Comprehensive Works Cited

Deseret News. Salt Lake City. 1850–.

The suit was filed with
John C. Dowen

ca. 1796–2 Feb. 1885. Farmer, justice of the peace. Born in New York. Married Huldah. Moved to Deerfield, Oneida Co., New York, by Oct. 1823. Moved to Kirtland, Geauga Co., Ohio, by July 1833. Elected justice of the peace, 1833. Justice of the peace in case...

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, justice of the peace for
Kirtland Township

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
in
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
, and was brought under the common law “action of debt.”
5

Docket Entry, between 24 Nov. and 4 Dec. 1834 [D. Lake v. JS]. The action of debt “lies for the recovery of a sum certain,” suggesting that there needed to be a contract, either written or oral, that promised payment of a specific amount. Lake may have originally chosen this action because it “is a more extensive remedy for the recovery of money, than assumpsit or covenant, for it lies to recover money due upon legal liabilities” as well as “for work and labour.” (Swan, Practice in Civil Actions and Proceedings at Law, 1:15; “Debt, remedies,” in Bouvier, Law Dictionary, 1:290.)


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.

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.

Dowen issued a summons for JS on 24 November 1834, and JS appeared for the trial four days later. After the parties gave “the proofs & allegations,” Dowen adjourned the court until 4 December. On that day, he ruled in Lake’s favor and ordered JS to pay $63.67 plus costs of $8.04.
6

Docket Entry, between 24 Nov. and 4 Dec. 1834 [D. Lake v. JS]. Ohio law authorized justices of the peace to hear debt cases up to one hundred dollars. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Acts of a General Nature [1831], p. 171, sec. 1.)


Comprehensive Works Cited

Acts of a General Nature, Enacted, Revised and Ordered to Be Reprinted, at the First Session of the Twenty-Ninth General Assembly of the State of Ohio. Columbus: Olmsted and Bailhache, 1831.

About a week later, JS appealed the decision to 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...

More Info
Court of Common Pleas. He entered into a $150
recognizance

“An obligation of record . . . to do some act required by law,” such as “to keep the peace, to pay a debt, or the like.” Recognizance is “somewhat like an ordinary bond, the difference being that a bond is the creation of a fresh debt, or obligation de novo...

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guaranteeing his ability to pay whatever the court decided upon appeal.
7

Bond, 10 Dec. 1834 [D. Lake v. JS].


On 7 May 1835,
Lake

24 Sept. 1812–12 Sept. 1883. Farmer, laborer. Born in Ernestown, Lenox and Addington Co., Upper Canada. Son of James Lake Jr. and Mary. Married Mary Ann Pickle, 17 Nov. 1831, at Ernestown. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1832...

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, by his attorneys
Henry Payne

30 Nov. 1810–9 Sept. 1896. Attorney, railroad executive, politician. Born in Hamilton, Madison Co., New York. Son of Elisha Payne. Graduated from Hamilton College, 1832, in Clinton, Oneida Co., New York. Studied law under John C. Spencer, in Canandaigua, ...

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and
Hiram Willson

Apr. 1808–11 Nov. 1866. Teacher, lawyer, judge. Born in Madison Co., New York. Graduated from Hamilton College, 1832, in Clinton, Oneida Co., New York. Studied law, ca. 1832, in Canadaigua, Ontario Co., New York. Moved to Painesville, Geauga Co., Ohio, 1833...

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, filed a declaration stating his claims that JS owed him $200 for his labor and monetary contributions to the camp.
8

Declaration, 7 May 1835 [D. Lake v. JS].


Lake also changed the common law action from debt to
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.”

View Glossary
,
possibly because the latter action allowed greater flexibility in seeking damages for a breach of contract, whereas a debt suit sought payment of a certain sum.
9

Lake may have intended to show that it was implied or assumed that participants in the Camp of Israel march would be paid for their services, and that JS’s failure to do so constituted a breach of contract. Lake’s declaration stated four ways that JS owed him $200. The suit was not seeking $800 from JS, but was actually a single debt, expressed in different ways. This followed legal procedures of the times. (Swan, Practice in Civil Actions and Proceedings at Law, 1:14, 212–217; see also “Assumpsit, in contracts” and “Assumpsit in practice,” in Bouvier, Law Dictionary, 1:99–100.)


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.

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.

A short time later, JS, by his attorney
Benjamin Bissell

1805–13 Oct. 1878. Lawyer, senator, judge. Born at Hartwick, Otsego Co., New York. Son of Benjamin Bissell and Elizabeth Heath. Moved to Painesville, Geauga Co., Ohio, Jan. 1829. Married Sarah Bright, 10 Apr. 1829, at Painesville. Partner with Salmon B. Axtell...

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, filed a plea denying that he made the implied contract with Lake and requesting a jury trial.
10

Plea, between 7 May and ca. 16 June 1835 [D. Lake v. JS].


On 19 June, before the jury could consider the case, Judge
Matthew Birchard

19 Jan. 1804–16 June 1876. Lawyer, postmaster, editor. Born in Becket, Berkshire Co., Massachusetts. Son of Nathan Birchard and Marcy Ashley. Moved to Windham, Portage Co., Ohio, 1812. Admitted to Ohio bar, 1817. Moved to Warren, Trumbull Co., Ohio, 1822....

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held that Lake had not adduced sufficient evidence that the contract had been made and “direct[ed] that he [Lake] become
non suit

“A judgment given against a plaintiff, when he is unable to prove his case, or when he refuses or neglects to proceed to trial of a cause after it has been put at issue, without determining such issue.”

View Glossary
,” meaning the suit was dismissed. Lake was ordered to pay his own costs, assessed at $10.86, as well as JS’s $25.64 costs. He evidently failed to pay any of the costs.
11

See Docket Entry, Judgment, 19 June 1835 [D. Lake v. JS]; Docket Entry, Costs, ca. 19 June 1835 [D. Lake v. JS]; and Transcript of Proceedings, ca. 19 June 1835 [D. Lake v. JS]. See also “Judgment of Nonsuit,” in Bouvier, Law Dictionary, 1:551–552.


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.

 
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.
 
Geauga Co., Ohio, Justice of the Peace Court

1834 (3)

November (1)

24 November 1834

Summons, for JS, Kirtland Township, Geauga Co., OH

  • 24 Nov. 1834. Not extant.
    1

    See Transcript of Proceedings, ca. 19 June 1835 [D. Lake v. JS].


December (2)

Between 24 November and 4 December 1834

Docket Entry, Kirtland Township, Geauga Co., OH

  • Between 24 Nov. and 4 Dec. 1834. Not extant.
    1

    Justice of the Peace John C. Dowen recorded the entry in his docket book. He also made a certified copy on 10 December, which was subsequently copied into the Geauga County Court of Common Pleas transcript of proceedings. (See Transcript of Proceedings, ca. 19 June 1835 [D. Lake v. JS].)


  • 10 Dec. 1834. Not extant.
  • Ca. 19 June 1835;
    2

    JS filed Dowen’s 10 December 1834 certified copy of the docket entry with the Geauga County Court of Common Pleas during the March 1835 term. It was copied into the transcript of proceedings around 19 June 1835. (See Transcript of Proceedings, ca. 19 June 1835 [D. Lake v. JS].)


    in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. Q, pp. 506–507, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
10 December 1834

Ebenezer Jennings, Bond, Kirtland Township, Geauga Co., OH, to John C. Dowen

  • 10 Dec. 1834. Not extant.
    1

    This represents the original bond that Justice of the Peace John C. Dowen either transcribed directly into or attached to his docket.


  • 10 Dec. 1834. Not extant.
    2

    This represents the certified copy of the bond made by Dowen and subsequently copied into the Geauga County Court of Common Pleas transcript of proceedings. (See Transcript of Proceedings, ca. 19 June 1835 [D. Lake v. JS].)


  • Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. Q, p. 507, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
Geauga Co., Ohio, Court of Common Pleas

1834 (2)

December (2)

Between 24 November and 4 December 1834

Docket Entry, Copy, Kirtland Township, Geauga Co., OH

  • 10 Dec. 1834. Not extant.
    1

    This represents the certified copy of the docket entry made by Justice of the Peace John C. Dowen and subsequently copied into the Geauga County Court of Common Pleas transcript of proceedings.


  • Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. Q, pp. 506–507, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
    2

    This represents the version copied into the Geauga County Court of Common Pleas transcript of proceedings.


10 December 1834

Ebenezer Jennings, Bond, Copy, Kirtland Township, Geauga Co., OH, to John C. Dowen

  • 10 Dec. 1834. Not extant.
    1

    This represents the certified copy of the bond made by Justice of the Peace John C. Dowen and subsequently copied into the Geauga County Court of Common Pleas transcript of proceedings.


  • Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. Q, p. 507, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
    2

    This represents the version copied into the Geauga County Court of Common Pleas transcript of proceedings.


1835 (6)

May (1)

Ca. 7 May 1835

Payne and Willson on behalf of Dennis Lake, Declaration, Geauga Co., OH

  • Ca. 7 May 1835. Not extant.
  • Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. Q, pp. 507–508, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.

June (5)

Between 7 May and ca. 16 June 1835

Benjamin Bissell on behalf of JS, Plea, Geauga Co., OH

  • Between 7 May and ca. 16 June 1835. Not extant.
  • Ca. 19 June 1835; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. Q, p. 508, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
19 June 1835

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

  • 19 June 1835; Geauga County Court of Common Pleas, Journal, vol. M, p. 431, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
Ca. 19 June 1835

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

  • Ca. 19 June 1835; Geauga County Court of Common Pleas, Execution Docket, vol. F, p. 312, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
Ca. 19 June 1835

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 19 June 1835; Geauga County Court of Common Pleas, Common Pleas Record, vol. Q, pp. 506–508, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; probable signature of Matthew Birchard.
29 June 1835

Fieri Facias, Chardon, Geauga Co., OH

  • 29 June 1835. Not extant.
    1

    See Docket Entry, Costs, ca. 19 June 1835 [D. Lake v. JS].


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Related Case Documents
Editorial Title
Introduction to D. Lake v. JS
ID #
14510
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Transcript of Proceedings, ca. 19 June 1835 [D. Lake v. JS].

    2. [2]

      See “Joseph Smith Documents from April 1834 through September 1835.”

    3. [3]

      See Account with the Church of Christ, ca. 11–29 Aug. 1834.

    4. [4]

      Transcript of Proceedings, ca. 19 June 1835 [D. Lake v. JS]. Brigham Young recalled that Lake charged JS “$30 a month for going up in Zion’s camp to Missouri” and that he said JS “had promised him a lot of land.” (See “History of Brigham Young,” Deseret News [Salt Lake City], 10 Feb. 1858, 385.)

      Deseret News. Salt Lake City. 1850–.

    5. [5]

      Docket Entry, between 24 Nov. and 4 Dec. 1834 [D. Lake v. JS]. The action of debt “lies for the recovery of a sum certain,” suggesting that there needed to be a contract, either written or oral, that promised payment of a specific amount. Lake may have originally chosen this action because it “is a more extensive remedy for the recovery of money, than assumpsit or covenant, for it lies to recover money due upon legal liabilities” as well as “for work and labour.” (Swan, Practice in Civil Actions and Proceedings at Law, 1:15; “Debt, remedies,” in Bouvier, Law Dictionary, 1:290.)

      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.

      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.

    6. [6]

      Docket Entry, between 24 Nov. and 4 Dec. 1834 [D. Lake v. JS]. Ohio law authorized justices of the peace to hear debt cases up to one hundred dollars. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Acts of a General Nature [1831], p. 171, sec. 1.)

      Acts of a General Nature, Enacted, Revised and Ordered to Be Reprinted, at the First Session of the Twenty-Ninth General Assembly of the State of Ohio. Columbus: Olmsted and Bailhache, 1831.

    7. [7]

      Bond, 10 Dec. 1834 [D. Lake v. JS].

    8. [8]

      Declaration, 7 May 1835 [D. Lake v. JS].

    9. [9]

      Lake may have intended to show that it was implied or assumed that participants in the Camp of Israel march would be paid for their services, and that JS’s failure to do so constituted a breach of contract. Lake’s declaration stated four ways that JS owed him $200. The suit was not seeking $800 from JS, but was actually a single debt, expressed in different ways. This followed legal procedures of the times. (Swan, Practice in Civil Actions and Proceedings at Law, 1:14, 212–217; see also “Assumpsit, in contracts” and “Assumpsit in practice,” in Bouvier, Law Dictionary, 1:99–100.)

      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.

      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.

    10. [10]

      Plea, between 7 May and ca. 16 June 1835 [D. Lake v. JS].

    11. [11]

      See Docket Entry, Judgment, 19 June 1835 [D. Lake v. JS]; Docket Entry, Costs, ca. 19 June 1835 [D. Lake v. JS]; and Transcript of Proceedings, ca. 19 June 1835 [D. Lake v. JS]. See also “Judgment of Nonsuit,” in Bouvier, Law Dictionary, 1:551–552.

      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.

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