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Introduction to Fisher v. Stratton Docket Entry, circa 29 June 1837 [Fisher v. Stratton]

Introduction to Fisher v. Stratton

Page

Fisher v. Stratton
Geauga Co., Ohio, Justice of the Peace Court, 29 June 1837
 
Historical Introduction
On 24 June 1837, Cyrus B. Fisher initiated legal proceedings against Hiram Stratton in an action of
trespass

“An unlawful act committed with violence, vi et armis, to the person, property or relative rights of another.” This could include the “carrying away, to the damage of the plaintiff,” of property. The violence may be actual or implied. “Of actual violence,...

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, stemming from a dispute over a cow.
1

Docket Entry, ca. 29 June 1837 [Fisher v. Stratton]. Fisher filed a trespass suit against Stratton on 21 June 1837, but he withdrew it for unknown reasons before the trial began on 24 June. JS was not named as a witness in the earlier case. (Docket Entry, ca. 24 June 1837 [Fisher v. Stratton–A].)


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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issued a summons as
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...

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, Ohio, justice of the peace notifying Stratton to appear before him on 29 June. JS was among those subpoenaed as witnesses for the defendant.
2

Docket Entry, ca. 29 June 1837 [Fisher v. Stratton].


Apparently, Stratton had agreed to pay Fisher to keep a cow for an extended period, but Fisher alleged that Stratton repossessed the cow illegally. Stratton’s initial defense was that the matter had previously been settled by arbitration.
3

Docket Entry, ca. 29 June 1837 [Fisher v. Stratton]. For Ohio law governing arbitration, see An Act Authorizing and Regulating Arbitrations [17 Feb. 1831], Acts of a General Nature, 264–266.


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.

After his witness,
Josiah Butterfield

13 Mar. 1795–3 Mar. 1871. Farmer, stockman. Born at Dunstable, Middlesex Co., Massachusetts. Son of Abel Butterfield and Mercy Farnsworth. Married first Polly Moulton, 30 Oct. 1819. Moved to Buxton, York Co., Maine, 1820. Baptized into Church of Jesus Christ...

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, failed to prove this point, JS and other defense witnesses “substantiated the point, that the Defen[dan]t hired, or let a certain cow to the Plaintiff for one or three years, on the Defendants paying yearly, the interest of $25,00.” The witnesses further showed that “the cow was Kept from about the middle of Nov. [1836] to the first of April, at the expense of the Plaintiff” and “that the cow nearly paid for her keeping till the first of Jan. 1837.” The court awarded the plaintiff ten dollars in damages. Fisher acknowledged receipt of the money from Stratton in August.
4

Docket Entry, ca. 29 June 1837 [Fisher v. Stratton].


 
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.
 

1837 (7)

June (7)

24 June 1837

Summons, for Hiram Stratton, Kirtland Township, Geauga Co., OH

  • 24 June 1837. Not extant.
    1

    See Docket Entry, ca. 29 June 1837 [Fisher v. Stratton]. According to the docket entry, this summons was issued “on application of the plaintiff.” It is unclear whether Cyrus B. Fisher gave his application orally or in writing.


Ca. 24 June 1837

Subpoena, for Jonathan Fisher Jr. and Others, Kirtland Township, Geauga Co., OH

  • Ca. 24 June 1837. Not extant.
    1

    See Docket Entry, ca. 29 June 1837 [Fisher v. Stratton]. According to the docket entry, this subpoena was issued “on application of the plaintiff.” It is unclear whether Cyrus B. Fisher gave his application orally or in writing.


Ca. 24 June 1837

Subpoena, for JS and Others, Kirtland Township, Geauga Co., OH

  • Ca. 24 June 1837. Not extant.
    1

    See Docket Entry, ca. 29 June 1837 [Fisher v. Stratton]. According to the docket entry, this subpoena was issued on “application of the Defendant.” It is unclear whether Hiram Stratton gave his application orally or in writing.


29 June 1837

Cyrus B. Fisher, Bill of Particulars, Kirtland Township, Geauga Co., OH

  • 29 June 1837. Not extant.
    1

    See Docket Entry, ca. 29 June 1837 [Fisher v. Stratton].


29 June 1837

Hiram Stratton, Demurrer, Kirtland Township, Geauga Co., OH

  • 29 June 1837. Not extant.
    1

    See Docket Entry, ca. 29 June 1837 [Fisher v. Stratton].


29 June 1837

Execution, to Burton Phelps, Kirtland Township, Geauga Co., OH

  • 29 June 1837. Not extant.
    1

    See Docket Entry, ca. 29 June 1837 [Fisher v. Stratton].


Ca. 29 June 1837

Docket Entry, Kirtland Township, Geauga Co., OH

  • Ca. 29 June 1837; Cowdery, Docket Book, 55; handwriting of Oliver Cowdery; notations in handwriting of Warren F. Cowdery; signature presumably of Cyrus B. Fisher.
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Related Case Documents
Editorial Title
Introduction to Fisher v. Stratton
ID #
15843
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Docket Entry, ca. 29 June 1837 [Fisher v. Stratton]. Fisher filed a trespass suit against Stratton on 21 June 1837, but he withdrew it for unknown reasons before the trial began on 24 June. JS was not named as a witness in the earlier case. (Docket Entry, ca. 24 June 1837 [Fisher v. Stratton–A].)

    2. [2]

      Docket Entry, ca. 29 June 1837 [Fisher v. Stratton].

    3. [3]

      Docket Entry, ca. 29 June 1837 [Fisher v. Stratton]. For Ohio law governing arbitration, see An Act Authorizing and Regulating Arbitrations [17 Feb. 1831], Acts of a General Nature, 264–266.

      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.

    4. [4]

      Docket Entry, ca. 29 June 1837 [Fisher v. Stratton].

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