The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
Introduction to Joseph Smith Sr. v. J. Hurlbut Promissory Note, 27 March 1818 [Joseph Smith Sr. v. J. Hurlbut] List of Goods, between 10 May and circa August 1818 [Joseph Smith Sr. v. J. Hurlbut] List of Services, between circa 12 January and 6 February 1819 [Joseph Smith Sr. v. J. Hurlbut] Docket Entry, between 12 January and circa 6 February 1819 [Joseph Smith Sr. v. J. Hurlbut] Bond, 8 February 1819 [Joseph Smith Sr. v. J. Hurlbut] Capias ad Respondendum, 20 February 1819 [Joseph Smith Sr. v. J. Hurlbut] Statement of Issues, circa 26 June 1819 [Joseph Smith Sr. v. J. Hurlbut] Docket Entry, 31 July 1819 [Joseph Smith Sr. v. J. Hurlbut] Docket Entry, circa 19 August 1819, Draft [Joseph Smith Sr. v. J. Hurlbut] Docket Entry, circa 19 August 1819 [Joseph Smith Sr. v. J. Hurlbut]

Introduction to Joseph Smith Sr. v. J. Hurlbut

Page

Joseph Smith Sr. v. J. Hurlbut
Ontario Co., New York, Justice of the Peace Court, 6 February 1819
 
J. Hurlbut v. Joseph Smith Sr.
Ontario Co., New York, Court of Common Pleas, circa August 1819
 
Historical Introduction
JS’s first recorded interaction with the law occurred at the age of thirteen when he served as a witness in a case brought by his
father

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

View Full Bio
and older brother
Alvin

11 Feb. 1798–19 Nov. 1823. Farmer, carpenter. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; returned to Tunbridge, before May 1803. Moved to Royalton, Windsor Co., Vermont, 1804, and to...

View Full Bio
against
Jeremiah Hurlbut

18 Feb. 1791–20 Aug. 1850. Farmer. Born in Wyoming Valley, Luzerne Co., Pennsylvania. Son of John Hurlburt and Hannah Millet. Moved to Palmyra, Ontario Co., New York. Married first Cynthia Harris, Jan. 1820. Married second Esther McIntyre. Moved to Brighton...

View Full Bio
, a prominent citizen of
Palmyra

Known as Swift’s Landing and Tolland before being renamed Palmyra, 1796. Incorporated, Mar. 1827, two years after completion of adjacent Erie Canal. Population in 1820 about 3,700. Joseph Sr. and Lucy Mack Smith family lived in village briefly, beginning ...

More Info
, New York.
1

For more information on this case, see Walker, “Joseph Smith’s Introduction to the Law,” 117–142.


Comprehensive Works Cited

Walker, Jeffrey N. “Joseph Smith’s Introduction to the Law: The 1819 Hurlbut Case.” Mormon Historical Studies 11 (Spring 2010): 117–142.

On 27 March 1818,
Joseph Smith Sr.

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

View Full Bio
and
Alvin Smith

11 Feb. 1798–19 Nov. 1823. Farmer, carpenter. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; returned to Tunbridge, before May 1803. Moved to Royalton, Windsor Co., Vermont, 1804, and to...

View Full Bio
signed a promissory note to pay Hurlbut sixty-five dollars in grain for the purchase of two horses.
2

Promissory Note, 27 Mar. 1818 [Joseph Smith Sr. v. J. Hurlbut].


During the subsequent summer, Joseph Sr. and his sons Alvin, JS, and
Hyrum

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
worked on the farms of Hurlbut and his widowed mother, performing various services.
3

See List of Services, between ca. 12 Jan. and 6 Feb. 1819 [Joseph Smith Sr. v. J. Hurlbut].


Hurlbut also sold goods to the Smiths and rented them a plow.
4

See List of Goods, between 10 May and ca. Aug. 1818 [Joseph Smith Sr. v. J. Hurlbut].


The Smiths paid Hurlbut fifty-three dollars toward the note on 18 August 1818.
5

Promissory Note, 27 Mar. 1818 [Joseph Smith Sr. v. J. Hurlbut].


However, in January 1819, before the remaining sum could be paid, Smith Sr. and Alvin brought a “
trespass on the case

A legal writ that permits an individual to sue for damages for wrongs committed without force. This action is sometimes referred to as simply “case.” Trespass on the case was a broad category that encompassed more specific common law actions such as assumpsit...

View Glossary
” suit against Hurlbut, asserting that the horses had proven unsound. After an initial hearing before Abraham Spear, a justice of the peace in
Ontario County

Created from Montgomery Co., 27 Jan. 1789. Area settled, summer 1789. Named for Lake Ontario on northern border. Known as “Genesee country.” Area historically occupied by Seneca Indians. County seat, Canandaigua. Population in 1820 about 35,000. Population...

More Info
, New York, the plaintiffs requested a jury trial, which occurred on 6 February 1819. The witnesses included JS and
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
, and the jury awarded the plaintiffs $40.78 in damages and $4.76 in court costs.
6

See Docket Entry, between 12 Jan. and ca. 6 Feb. 1819 [Joseph Smith Sr. v. J. Hurlbut].


The next day,
Hurlbut

18 Feb. 1791–20 Aug. 1850. Farmer. Born in Wyoming Valley, Luzerne Co., Pennsylvania. Son of John Hurlburt and Hannah Millet. Moved to Palmyra, Ontario Co., New York. Married first Cynthia Harris, Jan. 1820. Married second Esther McIntyre. Moved to Brighton...

View Full Bio
hired an attorney to appeal the verdict to the court of common pleas as well as to initiate a new suit against the Smiths.
7

See Bond, 8 Feb. 1819 [Joseph Smith Sr. v. J. Hurlbut]; and Capias ad Respondendum, 20 Feb. 1819 [Joseph Smith Sr. v. J. Hurlbut].


In June 1819, Hurlbut filed a statement of issues alleging that the Smiths had failed to satisfy the promissory note and claiming $140 in damages.
8

Statement of Issues, ca. 26 June 1819 [Joseph Smith Sr. v. J. Hurlbut].


According to the common law
pleading system

Medieval and early modern common law courts in England developed a complex system of pretrial pleading in civil suits. Attorneys of both parties were required to file a series of legal documents, known as pleadings, that were designed “to render the facts...

View Glossary
, the Smiths were required to file a
plea

English common law courts developed a complex process of pleading in civil suits that required the parties to file a series of legal documents, or pleadings, in order to define the dispute precisely. Courts in England’s American colonies and, later, in the...

View Glossary
responding to the statement. However, they were unable to do so, and on 31 July Hurlbut’s attorney motioned that a default judgment be entered. At the August 1819 term of the court of common pleas, First Judge Nathaniel W. Howell and his associate judges held that the Smiths’ failure to appear and file a plea resulted in an interlocutory judgment and Hurlbut was entitled to his damages.
9

See Court of Common Pleas, Minutes, ca. 17 Aug. 1819, Common Pleas Minutes, August Term 1819, p. [1], Ontario County Records and Archives Center, Canandaigua, NY; Docket Entry, ca. 19 Aug.1819, Draft [Joseph Smith Sr. v. J. Hurlbut]; and Docket Entry, ca. 19 Aug. 1819 [Joseph Smith Sr. v. J. Hurlbut].


Comprehensive Works Cited

Common Pleas, 1819–1820. Common Pleas Minutes, August Term 1819. Ontario County Records and Archives Center, Canandaigua, NY.

 
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.
 
 

1818 (1)

March (1)

27 March 1818

Promissory Note, Joseph Smith Sr. and Alvin Smith, Palmyra, Ontario Co., NY, to Jeremiah Hurlbut

  • 27 Mar. 1818; Ontario County Records and Archives Center, Canandaigua, NY; handwriting probably of Joseph Smith Sr.; signatures of Joseph Smith Sr. and possibly Alvin Smith; docket probably in handwriting of Joseph Smith Sr.; notations in handwriting probably of Jeremiah Hurlbut, unidentified scribe, and Abraham Spear.
 
Joseph Smith Sr. v. J. Hurlbut, Ontario Co., New York, Justice of the Peace Court

1818 (1)

August (1)

Between 10 May and ca. August 1818

Jeremiah Hurlbut, List of Goods, Palmyra, Ontario Co., NY

  • Between 10 May and ca. Aug. 1818. Not extant.
    1

    The formatting of the extant version suggests that it was copied from a nonextant account book kept by Jeremiah Hurlbut, who inscribed goods and services provided to Joseph Smith Sr. and his sons during the period in which they worked for the Hurlbuts.


  • Between 12 Jan. and 6 Feb. 1819; Ontario County Records and Archives Center, Canandaigua, NY; unidentified handwriting.
    2

    This copy was evidently made by an unidentified scribe for use during the first trial in the justice of the peace court.


1819 (5)

January (3)

12 January 1819

Summons, Ontario Co., NY

  • 12 Jan. 1819. Not extant.
    1

    See Docket Entry, between 12 Jan. and ca. 6 Feb. 1819 [Joseph Smith Sr. v. J. Hurlbut].


Ca. 22 January 1819

Joseph Smith Sr., Declaration, Ontario Co. NY

  • Ca. 22 Jan. 1819. Not extant.
    1

    Justice of the Peace Abraham Spear noted in his docket that “plaintiffs Declaration was for several articles of account and one item was for Damages which Plaintiff sustained in the purchase of a span of horses of Defendant which horses was said to be unsound.” (Docket Entry, between 12 Jan. and ca. 6 Feb. 1819 [Joseph Smith Sr. v. J. Hurlbut].)


30 January 1819

Venire, Ontario Co., NY

  • 30 Jan. 1819. Not extant.
    1

    See Docket Entry, between ca. 12 Jan. and ca. 6 Feb. 1819 [Joseph Smith Sr. v. J. Hurlbut].


February (2)

Between ca. 12 January and 6 February 1819

Joseph Smith Sr., List of Services, Ontario Co., NY

  • Between ca. 12 Jan. and 6 Feb. 1819; Ontario County Records and Archives Center, Canandaigua, NY; handwriting probably of Joseph Smith Sr. and unidentified scribe.
    1

    This list was apparently compiled from discrete entries in a nonextant daybook kept by Joseph Smith Sr., documenting services provided to Hurlbut during summer 1818.


Between 12 January and ca. 6 February 1819

Docket Entry, Ontario Co., NY

  • Between 12 Jan. and ca. 6 Feb. 1819. Not extant.
    1

    Justice of the Peace Abraham Spear presumably recorded entries for this case in his docket book (no longer extant) from 12 January, the beginning of the case, through 6 February, the date of the jury trial. Entries in the docket dated 12 January and 6 February 1819 and a notation for 9 February are all written in past tense, whereas entries dated 22 and 30 January 1819 are written in present tense. It is unclear whether the entries in past tense were inscribed on the day of the described proceedings or a few days later.


  • 9 Feb. 1819;
    2

    Justice Spear made a certified copy of the case entry in his docket book on 9 February 1819 in preparation for the appeal; this certified copy was subsequently filed with the Court of Common Pleas.


    Ontario County Records and Archives Center, Canandaigua, NY; handwriting of Abraham Spear; certified by Abraham Spear; notation in handwriting of Abraham Spear; docket and notation in unidentified handwriting.
 
J. Hurlbut v. Joseph Smith Sr., Ontario Co., New York, Court of Common Pleas

1819 (6)

February (3)

Between 12 January and ca. 6 February 1819

Docket Entry, Copy, Ontario Co., NY

  • 9 Feb. 1819;
    1

    This represents the certified copy of the docket entry made by Justice of the Peace Abraham Spear in preparation for the appeal; this certified copy was subsequently filed with the Court of Common Pleas.


    Ontario County Records and Archives Center, Canandaigua, NY; handwriting of Abraham Spear; certified by Abraham Spear; notation in handwriting of Abraham Spear; docket and notation in unidentified handwriting.
8 February 1819

Jeremiah Hurlbut and Others, Bond, Palmyra, Ontario Co., NY, to Joseph Smith Sr., Palmyra, Ontario Co., NY

  • 8 Feb. 1819; Ontario County Records and Archives Center, Canandaigua, NY; manuscript form in handwriting of Hugh McNair with manuscript additions in handwriting of Abraham Spear; signatures of Jeremiah Hurlbut, William Jackways, and Solomon Tice; witnessed by William Jackways
    1

    There were evidently two men named William Jackways, given that the signatures are distinct.


    and Lemuel Lee; certified by Abraham Spear; docket in handwriting of Hugh McNair.
20 February 1819

Hugh McNair, Capias ad Respondendum, to Ontario Co. Sheriff, for JS and Alvin Smith, Ontario Co., NY

  • 20 Feb. 1819; Ontario County Records and Archives Center, Canandaigua, NY; printed form with manuscript additions in handwriting of Hugh McNair; docket in handwriting of Hugh McNair; notations in handwriting of Hugh McNair, Asa Swift, and unidentified scribe.

June (1)

Ca. 26 June 1819

Frederick Smith on behalf of Jeremiah Hurlbut, Statement of Issues, Ontario Co., NY

  • Ca. 26 June 1819;
    1

    The statement of issues is undated, but it was presumably written around 26 June 1819, when the court of common pleas clerk filed it.


    Ontario County Records and Archives Center, Canandaigua, NY; printed form with manuscript additions in handwriting of Frederick Smith; docket in handwriting of Frederick Smith; notations in handwriting of Hugh McNair.

July (1)

31 July 1819

Docket Entry, Ontario Co., NY

  • 31 July 1819; Common Rule Book, April 1819–November 1819, [94], Ontario County Records and Archives Center; unidentified handwriting.

August (1)

Ca. 19 August 1819

Docket Entry, Canandaigua, Ontario Co., NY

  • Ca. 19 Aug. 1819; Common Pleas Minutes, August Term 1819, [10], Ontario County Records and Archives Center, Canandaigua, NY; handwriting of Hugh McNair. Draft.
  • Ca. 19 Aug. 1819; Common Pleas, 1819–1820, 19, Ontario County Records and Archives Center, Canandaigua, NY; unidentified handwriting.
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page

Document Information

Related Case Documents

Joseph Smith Sr. v. J. Hurlbut, circa August 1819

Editorial Title
Introduction to Joseph Smith Sr. v. J. Hurlbut
ID #
12747
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      For more information on this case, see Walker, “Joseph Smith’s Introduction to the Law,” 117–142.

      Walker, Jeffrey N. “Joseph Smith’s Introduction to the Law: The 1819 Hurlbut Case.” Mormon Historical Studies 11 (Spring 2010): 117–142.

    2. [2]

      Promissory Note, 27 Mar. 1818 [Joseph Smith Sr. v. J. Hurlbut].

    3. [3]

      See List of Services, between ca. 12 Jan. and 6 Feb. 1819 [Joseph Smith Sr. v. J. Hurlbut].

    4. [4]

      See List of Goods, between 10 May and ca. Aug. 1818 [Joseph Smith Sr. v. J. Hurlbut].

    5. [5]

      Promissory Note, 27 Mar. 1818 [Joseph Smith Sr. v. J. Hurlbut].

    6. [6]

      See Docket Entry, between 12 Jan. and ca. 6 Feb. 1819 [Joseph Smith Sr. v. J. Hurlbut].

    7. [7]

      See Bond, 8 Feb. 1819 [Joseph Smith Sr. v. J. Hurlbut]; and Capias ad Respondendum, 20 Feb. 1819 [Joseph Smith Sr. v. J. Hurlbut].

    8. [8]

      Statement of Issues, ca. 26 June 1819 [Joseph Smith Sr. v. J. Hurlbut].

    9. [9]

      See Court of Common Pleas, Minutes, ca. 17 Aug. 1819, Common Pleas Minutes, August Term 1819, p. [1], Ontario County Records and Archives Center, Canandaigua, NY; Docket Entry, ca. 19 Aug.1819, Draft [Joseph Smith Sr. v. J. Hurlbut]; and Docket Entry, ca. 19 Aug. 1819 [Joseph Smith Sr. v. J. Hurlbut].

      Common Pleas, 1819–1820. Common Pleas Minutes, August Term 1819. Ontario County Records and Archives Center, Canandaigua, NY.

    © 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06