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Introduction to Rigdon et al. for the use of L. Cowdery v. W. Smith Attachment, 17 May 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith] Transcript of Proceedings, circa 12 November 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith] Docket Entry, Costs, circa 12 November 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith]

Transcript of Proceedings, circa 12 November 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith]

Source Note

Transcript of Proceedings,
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. ...

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, Geauga Co., OH, ca. 12 Nov. 1839, Rigdon et al. for the use of L. Cowdery v. W. Smith (Geauga Co., OH, Court of Common Pleas 1839); Geauga County Court of Common Pleas, Common Pleas Record, vol. X, pp. 146–147; 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.

Historical Introduction

See Introduction to Rigdon et al. for the use of L. Cowdery v. W. Smith.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Attachment, 17 May 1839 [ Rigdon et al. for the use of L. Cowdery v. W. Smith ]
Transcript of Proceedings, circa 12 November 1839 [ Rigdon et al. for the use of L. Cowdery v. W. Smith ]

Page 146

Pleas before the Court of Common Pleas within and for 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...

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in the State of
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

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at a term of said Court begun and held at
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. ...

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on the twelfth day of November in the year of our Lord one thousand eight hundred and thirty nine.
Be it remembered that heretofore to wit on the seventeenth day of May in the year aforesaid
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 others for the use of
Lyman Cowdery

12 Mar. 1802–22 Apr. 1881. Lawyer, probate judge. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Older brother of Oliver Cowdery. Married Eliza Alexander, 20 Apr. 1825. Served as probate judge in Ontario Co., NY, mid-1830s...

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sued out of the office of 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 said Court a writ of
attachment

The legal process of seizing the property of a defendant, in whatever hands the same may be found, in order to ensure satisfaction of a judgment or to coerce the defendant into appearing in court and answering the plaintiff’s claim. In some jurisdictions,...

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against
William Smith

13 Mar. 1811–13 Nov. 1893. Farmer, newspaper editor. Born at Royalton, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Lebanon, Grafton Co., New Hampshire, 1811; to Norwich, Windsor Co., 1813; and to Palmyra, Ontario Co., New York, 1816...

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in the words and figures following to wit:—
“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...

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ss: [scilicet])
Seal
1

TEXT: “Seal” enclosed in a hand-drawn representation of a seal.


To the
Sheriff

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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of our 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...

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. . . Greeting:— We command you to attach the lands tenements goods chattels rights credits monies and effects of
William Smith

13 Mar. 1811–13 Nov. 1893. Farmer, newspaper editor. Born at Royalton, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Lebanon, Grafton Co., New Hampshire, 1811; to Norwich, Windsor Co., 1813; and to Palmyra, Ontario Co., New York, 1816...

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wheresoever they may be found and the same to keep or so to provide that the same or the value thereof may be forth coming to answer the judgment of our Court of Common Pleas within and for the 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...

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in a certain action of
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.”

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therein prosecuted by
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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, Joseph Smith Junior,
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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&
Hiram [Hyrum] Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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partners trading under the 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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and
H. Smith & Co.

A mercantile company created and run by Hyrum Smith. It is unclear when Smith started the business. An extant daybook and ledger for the company indicate that he sold goods between July and November 1836. It is not clear if Smith operated an independent store...

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for the use of
Lyman Cowdery

12 Mar. 1802–22 Apr. 1881. Lawyer, probate judge. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Older brother of Oliver Cowdery. Married Eliza Alexander, 20 Apr. 1825. Served as probate judge in Ontario Co., NY, mid-1830s...

View Full Bio
against the said
William Smith

13 Mar. 1811–13 Nov. 1893. Farmer, newspaper editor. Born at Royalton, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Lebanon, Grafton Co., New Hampshire, 1811; to Norwich, Windsor Co., 1813; and to Palmyra, Ontario Co., New York, 1816...

View Full Bio
for two thousand dollars damages; and in what manner you shall execute this writ make appear to [p. 146]
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Source Note

Document Transcript

Page 146

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 12 November 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith]
ID #
4478
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Charles H. Foot

Footnotes

  1. [1]

    TEXT: “Seal” enclosed in a hand-drawn representation of a seal.

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