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Introduction to Seymour & Griffith v. Rigdon and JS Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS] Docket Entry, Costs, circa 24 October 1837 [Seymour & Griffith v. Rigdon and JS] Transcript of Proceedings, circa 24 October 1837 [Seymour & Griffith v. Rigdon and JS]

Introduction to Seymour & Griffith v. Rigdon and JS

Page

Seymour & Griffith v. Rigdon and JS
Geauga County, Ohio, Court of Common Pleas, circa 24 October 1837
 
Historical Introduction
In February and March 1837,
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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and JS became indebted to
John Seymour

15 May 1803–13 Feb. 1891. Merchant, manufacturer, land developer, traveling salesman. Born in Litchfield, Litchfield Co., Connecticut. Son of Moses Seymour and Mabel Strong. Moved to Painesville, Geauga Co., Ohio, by Nov. 1836. Plaintiff in case of Seymour...

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and
Thomas Griffith

ca. 1802–20 July 1841. Merchant. Born in Ireland. Married Sarah. Moved to Painesville, Geauga Co., Ohio, by 1830. Episcopalian. Partner with John S. Seymour in dry goods store of Seymour & Griffith, by 1837, in Painesville. Plaintiff in case of Seymour & ...

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, who operated a dry goods business in
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

More Info
, Ohio, under the firm of Seymour & Griffith.
1

See “Fresh Fall Goods,” Painesville (OH) Republican, 12 Jan. 1837, [4]; “Pork,” Painesville Republican, 2 Mar. 1837, [3]; and Transcript of Proceedings, ca. 3 Apr. 1838, Chase v. Seymour and Griffith [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. V, p. 19, microfilm 20,280, U.S. and Canada Record Collection, FHL. These promissory notes may have represented a personal debt owed by JS and Rigdon or had some affiliation with JS and Rigdon’s store in Chester, Ohio, operating under the firm name Rigdon, Smith & Co. (“Notice,” Messenger and Advocate, Feb. 1837, 3:458; Historical Introduction to Letter from Emma Smith, 3 May 1837.)


Comprehensive Works Cited

Painesville Republican. Painesville, OH. 1836–1841.

U.S. and Canada Record Collection. FHL.

Latter Day Saints’ Messenger and Advocate. Kirtland, OH. Oct. 1834–Sept. 1837.

Rigdon and JS signed four promissory notes to the firm totaling $147.
2

Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS]. Three of the promissory notes were created on 10 February 1837, with a fourth promissory note created on 9 March 1837 for $100. The three-dollar difference between the debt and the damages likely represents interest on the notes.


When the notes went unpaid, Seymour & Griffith began proceedings to recover payment on 27 July 1837. The court of common pleas in
Geauga County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
, Ohio, 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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, authorizing the apprehension of Rigdon and JS.
3

Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS]. See also An Act Concerning Mesne Process in Civil and Criminal Cases [10 Feb. 1831], Statutes of Ohio, vol. 3, p. 1718, sec. 1.)


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.

The two church leaders left
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, in company of
Thomas B. Marsh

1 Nov. 1800–Jan. 1866. Farmer, hotel worker, waiter, horse groom, grocer, type foundry worker, teacher. Born at Acton, Middlesex Co., Massachusetts. Son of James Marsh and Molly Law. Married first Elizabeth Godkin, 1 Nov. 1820, at New York City. Moved to ...

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on the same day, 27 July, intending to travel to
Canada

In late eighteenth and early nineteenth centuries, Canada referred to British colonies of Upper Canada and Lower Canada. Divided into Upper Canada and Lower Canada, 1791; reunited 10 Feb. 1841. Boundaries corresponded roughly to present-day Ontario (Upper...

More Info
and visit members of the church there.
4

JS History, vol. B-1, 767.


However, when they arrived in Painesville, sheriff
Abel Kimball

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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took JS and Rigdon into custody because of the debt to Seymour & Griffith; JS’s arrest was connected, in addition, to another complaint begun 26 July by Kirtland resident
William Barker

27 Sept. 1796–24 Jan. 1882. Farmer. Born in Massachusetts. Son of Caleb Barker and Sarah Eddy. Moved to Hoosick, Rensselaer Co., New York, by 1800. Married Sylvia McFarline. Moved to Granville, Washington Co., New York, by 1830. Moved to Kirtland, Geauga ...

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for an unpaid debt.
5

Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS]. For more on the litigation from Barker, see Transcript of Proceedings, Barker for the use of Bump v. JS and O. Cowdery, ca. 24 Oct. 1837 [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 237, microfilm 20,270, U.S. and Canada Records Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

JS’s history noted that he and his companions were detained in Painesville “all day by malicious and vexatious Law suits.”
6

JS History, vol. B-1, 767, addenda, 6nS.


At some point before the October court term, the debt with Seymour & Griffith was apparently satisfied outside of the court, the plaintiffs discontinued their suit, and Rigdon and JS were “discharged by order of the plaintiffs.”
7

Transcript of Proceedings, ca. 24 Oct. 1837 [Seymour & Griffith v. Rigdon and JS].


The court ordered the plaintiffs to pay the costs of the suit.
8

Transcript of Proceedings, ca. 24 Oct. 1837 [Seymour & Griffith v. Rigdon and JS]. According to Ohio statute, the defendant shall recover costs against the plaintiff when a case is discontinued. Seymour & Griffith was meant to pay the defendants’ costs of $1.11, but it is not clear from extant records whether the firm did so. (An Act Prescribing Forms of Writs in Civil Causes and Directing the Mode of Proceeding Therein [1 Aug. 1792], Statutes of Ohio, vol. 1, p. 132, sec. 6; Docket Entry, Costs, ca. 24 Oct. 1837 [Seymour & Griffith v. Rigdon and JS].)


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.

 
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 (4)

February (3)

10 February 1837

JS and Sidney Rigdon, Promissory Note, Kirtland Township, Geauga Co., OH, to Seymour & Griffith, 10 Feb. 1837–A
1

Note for twenty dollars.


  • 10 Feb. 1837. Not extant.
    2

    See Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS].


10 February 1837

JS and Sidney Rigdon, Promissory Note, Kirtland Township, Geauga Co., OH, to Seymour & Griffith, 10 Feb. 1837–B
1

Note for twenty dollars.


  • 10 Feb. 1837. Not extant.
    2

    See Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS].


10 February 1837

JS and Sidney Rigdon, Promissory Note, Kirtland Township, Geauga Co., OH, to Seymour & Griffith, 10 Feb. 1837–C
1

Note for seven dollars.


  • 10 Feb. 1837. Not extant.
    2

    See Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS].


March (1)

9 March 1837

JS and Sidney Rigdon, Promissory Note, Kirtland Township, Geauga Co., OH, to Seymour & Griffith
1

Note for $100.


  • 9 Mar. 1837. Not extant.
    2

    See Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS].


 
Seymour & Griffith v. Rigdon and JS, Geauga Co., Ohio, Court of Common Pleas

1837 (3)

July (1)

27 July 1837

David D. Aiken, Capias ad Respondendum, to Geauga Co. Sheriff, for JS and Sidney Rigdon, Chardon, Geauga Co., OH

  • 27 July 1837. Not extant.
  • 24 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 383, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

October (2)

Ca. 24 October 1837

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

  • Ca. 24 Oct. 1837; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 212, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
Ca. 24 October 1837

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 24 Oct. 1837; Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 383, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; signature presumably of Van R. Humphrey.
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Editorial Title
Introduction to Seymour & Griffith v. Rigdon and JS
ID #
14870
Total Pages
1
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    Footnotes

    1. [1]

      See “Fresh Fall Goods,” Painesville (OH) Republican, 12 Jan. 1837, [4]; “Pork,” Painesville Republican, 2 Mar. 1837, [3]; and Transcript of Proceedings, ca. 3 Apr. 1838, Chase v. Seymour and Griffith [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. V, p. 19, microfilm 20,280, U.S. and Canada Record Collection, FHL. These promissory notes may have represented a personal debt owed by JS and Rigdon or had some affiliation with JS and Rigdon’s store in Chester, Ohio, operating under the firm name Rigdon, Smith & Co. (“Notice,” Messenger and Advocate, Feb. 1837, 3:458; Historical Introduction to Letter from Emma Smith, 3 May 1837.)

      Painesville Republican. Painesville, OH. 1836–1841.

      U.S. and Canada Record Collection. FHL.

      Latter Day Saints’ Messenger and Advocate. Kirtland, OH. Oct. 1834–Sept. 1837.

    2. [2]

      Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS]. Three of the promissory notes were created on 10 February 1837, with a fourth promissory note created on 9 March 1837 for $100. The three-dollar difference between the debt and the damages likely represents interest on the notes.

    3. [3]

      Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS]. See also An Act Concerning Mesne Process in Civil and Criminal Cases [10 Feb. 1831], Statutes of Ohio, vol. 3, p. 1718, sec. 1.)

      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]

      JS History, vol. B-1, 767.

    5. [5]

      Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS]. For more on the litigation from Barker, see Transcript of Proceedings, Barker for the use of Bump v. JS and O. Cowdery, ca. 24 Oct. 1837 [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 237, microfilm 20,270, U.S. and Canada Records Collection, FHL.

      U.S. and Canada Record Collection. FHL.

    6. [6]

      JS History, vol. B-1, 767, addenda, 6nS.

    7. [7]

      Transcript of Proceedings, ca. 24 Oct. 1837 [Seymour & Griffith v. Rigdon and JS].

    8. [8]

      Transcript of Proceedings, ca. 24 Oct. 1837 [Seymour & Griffith v. Rigdon and JS]. According to Ohio statute, the defendant shall recover costs against the plaintiff when a case is discontinued. Seymour & Griffith was meant to pay the defendants’ costs of $1.11, but it is not clear from extant records whether the firm did so. (An Act Prescribing Forms of Writs in Civil Causes and Directing the Mode of Proceeding Therein [1 Aug. 1792], Statutes of Ohio, vol. 1, p. 132, sec. 6; Docket Entry, Costs, ca. 24 Oct. 1837 [Seymour & Griffith v. Rigdon and JS].)

      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.

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