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Introduction to Rigdon, Smith & Cowdery for the use of JS v. Woodworth Docket Entry, circa 31 July 1837 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth]

Introduction to Rigdon, Smith & Cowdery for the use of JS v. Woodworth

Page

Rigdon, Smith & Cowdery for the use of JS v. Woodworth
Geauga Co., Ohio, Justice of the Peace Court, circa 31 July 1837
 
Historical Introduction
On 19 September 1836, Eli Woodworth became indebted to the
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...

More Info
, Ohio, mercantile firm of
Rigdon, Smith & Cowdery

A mercantile partnership composed of Sidney Rigdon, JS, and Oliver Cowdery, likely formed in June 1836. The partnership purchased wholesale goods on credit, using promissory notes, from merchants in Buffalo, New York, in June 1836. In September 1836, the ...

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for $5.88.
1

Promissory Note, 19 Sept. 1836 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth].


He likely incurred the debt purchasing goods from the firm. The note was subsequently
assigned

“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 JS, who then sued Woodworth for payment. On 31 July 1837, Woodworth and an unidentified agent representing JS
2

On 31 July, JS and Sidney Rigdon were visiting members of the church in Canada. Ohio law allowed justices of the peace to proceed with a hearing in the absence of a party as long as that party was represented by an agent. (See Historical Introduction to Notice, ca. Late Aug. 1837, in JSP, D5:418n282; An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, p. 1747, sec. 22.)


Comprehensive Works Cited

JSP, D5 / Rogers, Brent M., Elizabeth A. Kuehn, Christian K. Heimburger, Max H Parkin, Alexander L. Baugh, and Steven C. Harper, eds. Documents, Volume 5: October 1835–January 1838. Vol. 5 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.

The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.

appeared before Justice of the Peace
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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.
3

Docket Entry, ca. 31 July 1837 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth]. Cowdery’s docket book notes that they appeared “without process,” meaning that the parties bypassed preliminary legal proceedings, such as the court issuing a summons for the defendant to appear. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, p. 1747, sec. 29.)


Comprehensive Works Cited

The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.

Woodworth filed a
bill of particulars

“A detailed informal statement of a plaintiff’s cause of action or of a defendant’s set-off.” If a plaintiff makes a general declaration without specifying a cause of action, the judge may stay the proceedings and order the plaintiff to provide such a bill...

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with Cowdery that claimed that a lesser amount was owed based on a “book acc[ou]nt” for $3.50.
4

Docket Entry, ca. 31 July 1837 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth]. Woodworth was required to file his bill of particulars before he was able to submit evidence that he had worked for the plaintiffs. (An Act to Regulate the Practice of the Judicial Courts [8 Mar. 1831], Statutes of Ohio, vol. 3, p. 1684, sec. 78.)


Comprehensive Works Cited

The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.

Latter-day Saint William Tennet testified in support of Woodworth’s claim, explaining that Woodworth had worked for the plaintiff. After evaluating the evidence, the court ruled that Woodworth should pay $1.68 to the plaintiff plus costs of the suit.
5

Docket Entry, ca. 31 July 1837 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth].


 
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)

19 September 1836

Eli Woodworth, Promissory Note, Kirtland Township, Geauga Co., OH, to Rigdon, Smith & Cowdery
1

Note for $5.88.


  • 19 Sept. 1836. Not extant.
  • Ca. 31 July 1837; in Docket Entry, Cowdery, Docket Book, 135; handwriting of Oliver Cowdery.
 
Rigdon, Smith & Cowdery for the use of JS v. Woodworth, Geauga Co., Ohio, Justice of the Peace Court

1837 (3)

July (2)

Ca. 31 July 1837

Bill of Particulars, Kirtland Township, Geauga Co., OH

  • Ca. 31 July 1837. Not extant.
    1

    See Docket Entry, ca. 31 July 1837 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth].


Ca. 31 July 1837

Docket Entry, Kirtland Township, Geauga Co., OH

  • Ca. 31 July 1837; Cowdery, Docket Book, 135; handwriting of Oliver Cowdery. Notation in handwriting of Warren F. Cowdery.

September (1)

15 September 1837

Execution, to James Markell, Kirtland Township, Geauga Co., OH

  • 15 Sept. 1837. Not extant.
    1

    See Docket Entry, ca. 31 July 1837 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth].


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Editorial Title
Introduction to Rigdon, Smith & Cowdery for the use of JS v. Woodworth
ID #
14871
Total Pages
1
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    Footnotes

    1. [1]

      Promissory Note, 19 Sept. 1836 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth].

    2. [2]

      On 31 July, JS and Sidney Rigdon were visiting members of the church in Canada. Ohio law allowed justices of the peace to proceed with a hearing in the absence of a party as long as that party was represented by an agent. (See Historical Introduction to Notice, ca. Late Aug. 1837, in JSP, D5:418n282; An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, p. 1747, sec. 22.)

      JSP, D5 / Rogers, Brent M., Elizabeth A. Kuehn, Christian K. Heimburger, Max H Parkin, Alexander L. Baugh, and Steven C. Harper, eds. Documents, Volume 5: October 1835–January 1838. Vol. 5 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.

      The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.

    3. [3]

      Docket Entry, ca. 31 July 1837 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth]. Cowdery’s docket book notes that they appeared “without process,” meaning that the parties bypassed preliminary legal proceedings, such as the court issuing a summons for the defendant to appear. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, p. 1747, sec. 29.)

      The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.

    4. [4]

      Docket Entry, ca. 31 July 1837 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth]. Woodworth was required to file his bill of particulars before he was able to submit evidence that he had worked for the plaintiffs. (An Act to Regulate the Practice of the Judicial Courts [8 Mar. 1831], Statutes of Ohio, vol. 3, p. 1684, sec. 78.)

      The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.

    5. [5]

      Docket Entry, ca. 31 July 1837 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth].

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