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Introduction to M. Allen v. O. Granger Docket Entry, circa 5 February 1838 [M. Allen v. O. Granger] Bond, 13 February 1838 [M. Allen v. O. Granger] Declaration, circa 4 May 1838 [M. Allen v. O. Granger] Plea, circa 12 May 1838 [M. Allen v. O. Granger] Transcript of Proceedings, circa 4 June 1838 [M. Allen v. O. Granger] Docket Entry, Costs, circa 4 June 1838 [M. Allen v. O. Granger]

Introduction to M. Allen v. O. Granger

Page

M. Allen v. O. Granger
Geauga Co., Ohio, Justice of the Peace Court, 5 February 1838
Geauga Co., Ohio, Court of Common Pleas, 4 June 1838
 
Historical Introduction
On 8 August 1837,
Kirtland

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
Frederick G. Williams

28 Oct. 1787–10 Oct. 1842. Ship’s pilot, teacher, physician, justice of the peace. Born at Suffield, Hartford Co., Connecticut. Son of William Wheeler Williams and Ruth Granger. Moved to Newburg, Cuyahoga Co., Ohio, 1799. Practiced Thomsonian botanical system...

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awarded
Matthew Allen

15 Jan. 1800–possibly before 1839. Born in Peru, Clinton Co., New York. Married Anna C. Stanclift, ca. 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 3 Dec. 1836, in Kirtland, Geauga Co., Ohio. Ordained an elder, 21 Dec. 1836, in Kirtland...

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claims for a debt of twenty-three dollars against JS,
Jared Carter

14 June 1801–6 July 1849. Born at Killingworth, Middlesex Co., Connecticut. Son of Gideon Carter and Johanna Sims. Moved to Benson, Rutland Co., Vermont, by 1810. Married Lydia Ames, 20 Sept. 1823, at Benson. Moved to Chenango, Broome Co., New York, by Jan...

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,
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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,
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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,
Vinson Knight

14 Mar. 1804–31 July 1842. Farmer, druggist, school warden. Born at Norwich, Hampshire Co., Massachusetts. Son of Rudolphus Knight and Rispah (Rizpah) Lee. Married Martha McBride, July 1826. Moved to Perrysburg, Cattaraugus Co., New York, by 1830. Owned farm...

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, and
Roger Orton

Ca. 1799–1851. Miller. Son of Roger Orton and Esther Avery. Moved to Geneseo, Ontario Co., New York, by 1810. Married Clarissa Bicknell, ca. 1822. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, by 1834. Participated in Camp ...

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as partners in the Kirtland Steam Company (see Introduction to M. Allen v. JS et al.). Eight days later,
Oliver Granger

7 Feb. 1794–23/25 Aug. 1841. Sheriff, church agent. Born at Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumble. Married Lydia Dibble, 8 Sept. 1813, at Phelps. Member of Methodist church and licensed exhorter. Sheriff of Ontario Co. ...

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became surety for the defendants, thereby obtaining a stay of
execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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and acquiring responsibility for both the debt and court costs if JS and the others did not pay. By January 1838 only $14.66 had been collected on the judgment,
1

On January 24, $9.25 was collected towards the judgment, and another $5.41 was collected on January 26, but Warren A. Cowdery failed to include the latter amount in the docket entry for the case. (Docket Entry, ca. 8 Jan. 1838 [M. Allen v. JS et al.].)


and the debt therefore fell to Granger, who was then summoned to court. After hearing the testimony of several witnesses on 3 February 1838, justice of the peace
Warren A. Cowdery

17 Oct. 1788–23 Feb. 1851. Physician, druggist, farmer, editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Married Patience Simonds, 22 Sept. 1814, in Pawlet, Rutland Co. Moved to Freedom, Cattaraugus Co., New York, 1816...

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rendered judgment against Granger on 5 February, ordering him to pay the balance of the debt and $4.27 in court costs. Granger and
William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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posted a fifty-dollar bond against the judgment on 13 February while Granger appealed the decision to the court of common pleas.
2

Bond, 13 Feb. 1838 [M. Allen v. O. Granger].


On 4 May,
Allen

15 Jan. 1800–possibly before 1839. Born in Peru, Clinton Co., New York. Married Anna C. Stanclift, ca. 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 3 Dec. 1836, in Kirtland, Geauga Co., Ohio. Ordained an elder, 21 Dec. 1836, in Kirtland...

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’s attorney filed a declaration on his behalf before the court. In the document, Allen averred that justice of the peace
Frederick G. Williams

28 Oct. 1787–10 Oct. 1842. Ship’s pilot, teacher, physician, justice of the peace. Born at Suffield, Hartford Co., Connecticut. Son of William Wheeler Williams and Ruth Granger. Moved to Newburg, Cuyahoga Co., Ohio, 1799. Practiced Thomsonian botanical system...

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had issued an execution to constable
Luke Johnson

3 Nov. 1807–8 Dec. 1861. Farmer, teacher, doctor. Born at Pomfret, Windsor Co., Vermont. Son of John Johnson and Alice (Elsa) Jacobs. Lived at Hiram, Portage Co., Ohio, when baptized into Church of Jesus Christ of Latter-day Saints by JS, 10 May 1831. Ordained...

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to recover the money from the defendants but that he had recovered none of the debt. Allen was probably referring to the execution issued by
Warren A. Cowdery

17 Oct. 1788–23 Feb. 1851. Physician, druggist, farmer, editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Married Patience Simonds, 22 Sept. 1814, in Pawlet, Rutland Co. Moved to Freedom, Cattaraugus Co., New York, 1816...

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that Johnson returned on 24 January, even though Johnson returned that execution endorsed for a partial payment of $9.25 of the debt.
Granger

7 Feb. 1794–23/25 Aug. 1841. Sheriff, church agent. Born at Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumble. Married Lydia Dibble, 8 Sept. 1813, at Phelps. Member of Methodist church and licensed exhorter. Sheriff of Ontario Co. ...

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’s attorneys filed a plea on his behalf on 12 May, denying that he owed Allen the money claimed. For unknown reasons, Allen discontinued the suit, and the court required him to pay court costs for himself and for Granger.
3

Transcript of Proceedings, ca. 4 June 1838 [M. Allen v. O. Granger]; Docket Entry, ca. 5 Feb. 1838 [M. Allen v. O. Granger].


 
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.
 
M. Allen v. O. Granger, Geauga Co., Ohio, Justice of the Peace Court

1837 (1)

August (1)

16 August 1837

Oliver Granger, Bond, Kirtland Township, Geauga Co., OH

  • 16 Aug. 1837. Not extant.
    1

    See Docket Entry, ca. 5 Feb. 1838 [M. Allen v. O. Granger].


1838 (7)

January (3)

Ca. 8 January 1838

Execution, to Luke Johnson, Kirtland Township, Geauga Co., OH

  • Ca. 8 Jan. 1838. Not extant.
    1

    See Docket Entry, ca. 5 Feb. 1838 [M. Allen v. O. Granger].


24 January 1838

Scire Facias, for Oliver Granger, Kirtland Township, Geauga Co., OH

  • 24 Jan. 1838. Not extant.
    1

    See Docket Entry, ca. 5 Feb. 1838 [M. Allen v. O. Granger].


29 January 1838

Oliver Granger, Praecipe, to Luke Johnson and Others, Kirtland Township, Geauga Co., OH

  • 29 Jan. 1838. Not extant.
    1

    See Docket Entry, ca. 5 Feb. 1838 [M. Allen v. O. Granger].


February (4)

1 February 1838

Subpoena, for Luke Johnson and Others, Kirtland Township, Geauga Co., OH

  • 1 Feb. 1838. Not extant.
    1

    See Docket Entry, ca. 5 Feb. 1838 [M. Allen v. O. Granger]. Individual subpoenas may have been issued for each of the defendants.


Ca. 2 February 1838

Subpoena, Kirtland Township, Geauga Co., OH

  • Ca. 2 Feb. 1838. Not extant.
    1

    See Docket Entry, ca. 5 Feb. 1838 [M. Allen v. O. Granger].


Ca. 5 February 1838

Docket Entry, Kirtland Township, Geauga Co., OH

  • Ca. 5 Feb. 1838; Cowdery, Docket Book, 358; handwriting of Warren A. Cowdery; notations in handwriting of Warren A. Cowdery.
  • Ca. Apr. 1838. Not extant.
    1

    Certified copy mentioned in Transcript of Proceedings, ca. 4 June 1838 [M. Allen v. O. Granger].


  • Ca. 4 June 1838; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. V, p. 147, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
13 February 1838

Oliver Granger and William Marks, Bond, Kirtland Township, Geauga Co., OH, to Warren A. Cowdery, Kirtland Township, Geauga Co., OH

  • 13 Feb. 1838; Cowdery, Docket Book, inserted slip of paper attached to p. 358; handwriting of Warren A. Cowdery; signatures of Oliver Granger and William Marks; certified by Warren A. Cowdery.
  • 13 Feb. 1838. Not extant.
    1

    Certified copy mentioned in Transcript of Proceedings, ca. 4 June 1838 [M. Allen v. O. Granger].


  • Ca. 4 June 1838; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 147–148, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
M. Allen v. O. Granger, Geauga Co., Ohio, Court of Common Pleas

1838 (6)

February (2)

Ca. 5 February 1838

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

  • Ca. Apr. 1838. Not extant.
    1

    This represents the certified copy of the bond made by Justice of the Peace Warren A. Cowdery and subsequently copied into the Geauga County Court of Common Pleas transcript of proceedings. (Transcript of Proceedings, ca. 4 June 1838 [M. Allen v. O. Granger].)


  • Ca. 4 June 1838; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. V, p. 147, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
    2

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


13 February 1838

Oliver Granger and William Marks, Bond, Copy, Kirtland Township, Geauga Co., OH, to Warren A. Cowdery, Kirtland Township, Geauga Co., OH

  • 13 Feb. 1838. Not extant.
    1

    This represents the certified copy of the bond made by Justice of the Peace Warren A. Cowdery and subsequently copied into the Geauga County Court of Common Pleas transcript of proceedings. (Transcript of Proceedings, ca. 4 June 1838 [M. Allen v. O. Granger].)


  • Ca. 4 June 1838; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 147–148, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
    2

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


May (2)

Ca. 4 May 1838

Matthew Allen, Declaration, Kirtland Township, Geauga Co., OH

  • Ca. 4 May 1838. Not extant.
  • Ca. 4 June 1838; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. V, p. 148, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
Ca. 12 May 1838

Oliver Granger, Plea, Kirtland Township, Geauga Co., OH

  • Ca. 12 May 1838. Not extant.
  • Ca. 4 June 1838; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. V, p. 148, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

June (2)

Ca. 4 June 1838

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 4 June 1838; Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 147–149, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; signature presumably of Van R. Humphrey.
Ca. 4 June 1838

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

  • Ca. 4 June 1838; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 481, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
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Related Case Documents
Editorial Title
Introduction to M. Allen v. O. Granger
ID #
12980
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      On January 24, $9.25 was collected towards the judgment, and another $5.41 was collected on January 26, but Warren A. Cowdery failed to include the latter amount in the docket entry for the case. (Docket Entry, ca. 8 Jan. 1838 [M. Allen v. JS et al.].)

    2. [2]

      Bond, 13 Feb. 1838 [M. Allen v. O. Granger].

    3. [3]

      Transcript of Proceedings, ca. 4 June 1838 [M. Allen v. O. Granger]; Docket Entry, ca. 5 Feb. 1838 [M. Allen v. O. Granger].

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