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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–.
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.
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.
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.
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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