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Introduction to Martindale v. JS et al. Capias ad Respondendum, 16 February 1837 [Martindale v. JS et al.] Special Bail, 21 March 1837 [Martindale v. JS et al.] Declaration, circa 24 April 1837 [Martindale v. JS et al.] Docket Entry, Judgment, 5 June 1837 [Martindale v. JS et al.] Docket Entry, Costs, circa 5 June 1837 [Martindale v. JS et al.] Transcript of Proceedings, circa 5 June 1837 [Martindale v. JS et al.]

Special Bail, 21 March 1837 [Martindale v. JS et al.]

Source Note

Edmund Bosley

25 June 1776–15 Dec. 1846. Miller. Born at Northumberland, Northumberland Co., Pennsylvania. Son of John P. Bosley and Hannah Bull. Married Ann Kelly of Northumberland Co. Lived at Livonia, Livingston Co., New York, 1792–1834. Moved to Kirtland, Geauga Co...

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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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, Special Bail, before
David D. Aiken

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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, [
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

More Info
], Geauga Co., OH, 21 Mar. 1837, Martindale v. JS et al. (Geauga Co., OH, Court of Common Pleas 1837). Copied [ca. 5 June 1837] in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 107; handwriting of
David D. Aiken

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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; Geauga County Archives and Records Center, Chardon, OH. Includes seal.

Historical Introduction

See Introduction to Martindale v. JS et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
Special Bail, 21 March 1837 [ Martindale v. JS et al. ]
Transcript of Proceedings, circa 5 June 1837 [ Martindale v. JS et al. ]

Page 107

“
Timothy D. Martindale

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

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)
vs.)
Assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money. Assumpsit was a form of trespass on the case. In Ohio law, it was “the usual remedy upon promissory notes.”

View Glossary
Joseph Smith Jr.
Newel K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
)
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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&
John Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

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)
The State of Ohio)
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
ss. [scilicet])
Be it remembered that on the twenty first day of March in the year of our Lord one thousand eight hundred and thirty seven,
Edmund Bosley

25 June 1776–15 Dec. 1846. Miller. Born at Northumberland, Northumberland Co., Pennsylvania. Son of John P. Bosley and Hannah Bull. Married Ann Kelly of Northumberland Co. Lived at Livonia, Livingston Co., New York, 1792–1834. Moved to Kirtland, Geauga Co...

View Full Bio
&
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 ...

View Full Bio
of the county of
Geauga

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
personally appeared before me
D[avid] D. Aiken

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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Clerk of the court of common pleas for said county of
Geauga

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
, and severally acknowledged themselves to owe unto
Timothy D. Martindale

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

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the sum of ten thousand dollars each, to be levied upon their several goods and chattels, lands, tenements, and real estates, upon condition that if the defendants Joseph Smith Jr.
Newel K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
,
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.,...

View Full Bio
&
John Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

View Full Bio
, shall be condemned in this action at the suit of
Timothy D. Martindale

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

View Full Bio
the plaintiff, the sd. defendants shall pay the costs and condemnation of the court, or be rendered or render themselves into the custody of the sheriff of said
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
for the same; or in case of failure that the said
Edmund Bosley

25 June 1776–15 Dec. 1846. Miller. Born at Northumberland, Northumberland Co., Pennsylvania. Son of John P. Bosley and Hannah Bull. Married Ann Kelly of Northumberland Co. Lived at Livonia, Livingston Co., New York, 1792–1834. Moved to Kirtland, Geauga Co...

View Full Bio
&
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 ...

View Full Bio
will pay the costs and condemnation for them.
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 ...

View Full Bio
L.S.
1

TEXT: Instances of “L.S.” (locus sigilli, Latin for “location of the seal”) are enclosed in hand-drawn representations of seals.


Edmund Bosley

25 June 1776–15 Dec. 1846. Miller. Born at Northumberland, Northumberland Co., Pennsylvania. Son of John P. Bosley and Hannah Bull. Married Ann Kelly of Northumberland Co. Lived at Livonia, Livingston Co., New York, 1792–1834. Moved to Kirtland, Geauga Co...

View Full Bio
L.S.
Taken and acknowledged the day and year above written, before me in open court.
D. D. Aiken

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...

View Full Bio
Clerk. [p. 107]
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Source Note

Document Transcript

Page 107

Document Information

Related Case Documents
Editorial Title
Special Bail, 21 March 1837 [Martindale v. JS et al.]
ID #
13640
Total Pages
1
Print Volume Location
Handwriting on This Page
  • David D. Aiken

Footnotes

  1. [1]

    TEXT: Instances of “L.S.” (locus sigilli, Latin for “location of the seal”) are enclosed in hand-drawn representations of seals.

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