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Introduction to JS for the use of J. Granger v. Smalling and Coltrin Capias ad Respondendum, 28 February 1838 [JS for the use of J. Granger v. Smalling and Coltrin] Docket Entry, Discharge, 3 April 1838 [JS for the use of J. Granger v. Smalling and Coltrin] Declaration to the Geauga County Court of Common Pleas, 7 May 1838 [JS for the use of J. Granger v. Smalling and Coltrin] Docket Entry, Leave to Amend Plea, circa 4 June 1838 [JS for the use of J. Granger v. Smalling and Coltrin] Amended Plea and Notice, circa 6 August 1838 [JS for the use of J. Granger v. Smalling and Coltrin] Docket Entry, Verdict and Notice of Appeal, 8 November 1838 [JS for the use of J. Granger v. Smalling and Coltrin] Docket Entry, Costs, 8 November 1838 [JS for the use of J. Granger v. Smalling and Coltrin] Transcript of Proceedings, circa 8 November 1838 [JS for the use of J. Granger v. Smalling and Coltrin]

Introduction to JS for the use of J. Granger v. Smalling and Coltrin

Page

JS for the use of J. Granger v. Smalling and Coltrin
Geauga Co., Ohio, Court of Common Pleas, 8 November 1838
 
Historical Introduction
On 30 September 1836,
Cyrus Smalling

8 Feb. 1789–18 Feb. 1866. Farmer. Born in Connecticut. Married Ruth. Moved to New York, by 1817. Baptized into Church of Jesus Christ of Latter-day Saints, in Broome Co., New York. Moved to Kirtland, Geauga Co., Ohio, ca. 1833. Participated in Camp of Israel...

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and
John Coltrin

July 1775–13 Aug. 1846. Born in Tolland, Tolland Co., Connecticut. Son of John Coltrin and Rebecca Maxon. Moved to Colrain, Hampshire Co., Massachusetts, by 1790. Married first Sarah Graham, ca. 1793–1794. Moved to New York, ca. late 1790s; to Ovid, Seneca...

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signed a promissory note obligating them to pay $500 to JS. JS
assigned it

“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 (or actually owns) the suit, and to whom the officer may pay over the avails of the judgement.”

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to
Julius Granger

16 Dec. 1805–26 Apr. 1871. Born in Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumbull. Moved to Kent Co., Michigan Territory, by 1833. Moved to Geauga Co., Ohio, by 1838. Married Caroline H. Merrill, 20 Feb. 1840, in Geauga Co. Moved...

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by February 1838, at which time JS brought a lawsuit against Smalling and Coltrin for the unpaid note.
1

See Historical Introduction to Declaration, 7 May 1838 [JS for the use of J. Granger v. Smalling and Coltrin].


Presumably in response to JS filing a
praecipe

“The written instructions given by an attorney or plaintiff to the clerk or prothonotary of a court, whose duty it is to make out the writ.”

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, the
clerk

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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of the court issued a writ of
capias ad respondendum

Latin for “that you take until answer”; a writ commanding an officer to arrest a defendant to answer the plaintiff’s plea. A defendant arrested on this writ was committed to prison unless a bail bond was given. The amount of bail would be endorsed on the ...

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against Smalling and Coltrin. The language “
for the use of

“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 (or actually owns) the suit, and to whom the officer may pay over the avails of the judgement.”

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” in the case name indicated that Granger would be paid for the note even though JS was responsible for the lawsuit.
Smalling

8 Feb. 1789–18 Feb. 1866. Farmer. Born in Connecticut. Married Ruth. Moved to New York, by 1817. Baptized into Church of Jesus Christ of Latter-day Saints, in Broome Co., New York. Moved to Kirtland, Geauga Co., Ohio, ca. 1833. Participated in Camp of Israel...

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was taken into custody on 5 March, but the sheriff was unable to locate
Coltrin

July 1775–13 Aug. 1846. Born in Tolland, Tolland Co., Connecticut. Son of John Coltrin and Rebecca Maxon. Moved to Colrain, Hampshire Co., Massachusetts, by 1790. Married first Sarah Graham, ca. 1793–1794. Moved to New York, ca. late 1790s; to Ovid, Seneca...

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. Smalling was released on bond to appear at the next term of court. During the next term, in April 1838, the case was not heard, and Smalling was discharged by filing
common bail

“Formal entry of fictitious sureties in the proper office of the court.”

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. On 7 May, JS filed a declaration, or complaint, with the court, which specified $1,000 in debt and damages. In a plea, Smalling countered JS’s action of debt with claims that JS was indebted to him for $2,000. He also claimed $1,500 was owed him relating to
Kirtland Safety Society

A financial institution formed to raise money and provide credit in Kirtland, Ohio. On 2 November 1836, JS, Sidney Rigdon, and others officially organized the Kirtland Safety Society as a community bank by ratifying its constitution. Sidney Rigdon served ...

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banknotes.
The case was heard by a twelve-man jury on 8 November 1838. Following the testimony of unidentified witnesses,
2

See Docket Entry, Costs, 8 Nov. 1838 [JS for the use of J. Granger v. Smalling and Coltrin].


the jury found for the defendant, and JS was assessed court costs. JS gave notice of appeal to the state supreme court; however, supreme court records make no mention of the appeal.
 
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)

September (1)

30 September 1836

Cyrus Smalling and John Coltrin, Promissory Note, Geauga Co. or Cuyahoga Co., OH, to JS

  • 30 Sept. 1836. Not extant.
    1

    See Transcript of Proceedings, ca. 8 Nov. 1838 [JS for the use of J. Granger v. Smalling and Coltrin].


 
JS for the use of J. Granger v. Smalling and Coltrin, Court of Common Pleas

1838 (11)

February (1)

28 February 1838

David D. Aiken, Capias ad Respondendum, to Abel Kimball, for John Coltrin and Cyrus Smalling, Chardon, Geauga Co., OH

  • 28 Feb. 1838. Not extant.
  • Ca. 6 Nov. 1838; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. V, p. 501, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.

March (1)

5 March 1838

Cyrus Smalling, Bond, Geauga Co., OH

  • 5 Mar. 1838. Not extant.
    1

    See Transcript of Proceedings, ca. 8 Nov. 1838 [JS for the use of J. Granger v. Smalling and Coltrin]. Second sheriff Abel Kimball took Smalling’s bail bond with Leonard Risk as surety.


  • 5 Mar. 1838. Not extant.
    2

    See Transcript of Proceedings, ca. 8 Nov. 1838 [JS for the use of J. Granger v. Smalling and Coltrin]. Kimball returned a copy of the bond to the Geauga County Court of Common Pleas.


April (1)

3 April 1838

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

  • 3 Apr. 1838; Geauga County Court of Common Pleas, Journal, vol. N, p. 291, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.

May (2)

7 May 1838

Perkins & Osborn on behalf of JS, Declaration, Chardon, Geauga Co., OH

  • 7 May 1838. Not extant.
  • Ca. 6 Nov. 1838; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 501–502, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
Ca. May 1838

Cyrus Smalling, Plea, Geauga Co., OH

  • Ca. May 1838. Not extant.
    1

    See Transcript of Proceedings, ca. 8 Nov. 1838 [JS for the use of J. Granger v. Smalling and Coltrin].


June (1)

Ca. 4 June 1838

Docket Entry, Leave to Amend Plea, Chardon, Geauga Co., OH

  • Ca. 4 June 1838; Geauga County Court of Common Pleas, Execution Docket, vol. D, p. 42, Geauga County Archives and Records Center, Chardon, OH; microfilm at FHL; handwriting of David D. Aiken; notations in handwriting of David D. Aiken and Abel Kimball.

August (1)

Ca. 6 August 1838

James Paine on behalf of Cyrus Smalling, Amended Plea and Notice, Geauga Co., OH

  • Ca. 6 Aug. 1838. Not extant.
  • Ca. 8 Nov. 1838; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 502–503, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.

November (4)

8 November 1838

Docket Entry, Verdict and Notice of Appeal, Chardon, Geauga Co., OH

  • 8 Nov. 1838; Geauga County Court of Common Pleas, Journal, vol. N, p. 407, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
8 November 1838

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

  • 8 Nov. 1838; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 569, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notation in handwriting of David D. Aiken.
8 November 1838

JS, Notice, Geauga Co., OH

  • 8 Nov. 1838. Not extant.
    1

    See Docket Entry, Verdict and Notice of Appeal, 8 Nov. 1838 [JS for the use of J. Granger v. Smalling and Coltrin]; and Transcript of Proceedings, ca. 8 Nov. 1838 [JS for the use of J. Granger v. Smalling and Coltrin]. Although JS gave notice of appeal to the Supreme Court, its records do not document this case.


Ca. 8 November 1838

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 8 Nov. 1838;
    1

    It appears that the clerk had all of the above mentioned documents in front of him while he summarized the proceedings.


    Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 501–504, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; signature probably of Van R. Humphrey.
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Editorial Title
Introduction to JS for the use of J. Granger v. Smalling and Coltrin
ID #
13296
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      See Historical Introduction to Declaration, 7 May 1838 [JS for the use of J. Granger v. Smalling and Coltrin].

    2. [2]

      See Docket Entry, Costs, 8 Nov. 1838 [JS for the use of J. Granger v. Smalling and Coltrin].

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