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Introduction to D. Lake v. JS Docket Entry, between 24 November and 4 December 1834 [D. Lake v. JS] Bond, 10 December 1834 [D. Lake v. JS] Declaration, circa 7 May 1835 [D. Lake v. JS] Plea, between 7 May and circa 16 June 1835 [D. Lake v. JS] Docket Entry, Judgment, 19 June 1835 [D. Lake v. JS] Docket Entry, Costs, circa 19 June 1835 [D. Lake v. JS] Transcript of Proceedings, circa 19 June 1835 [D. Lake v. JS]

Transcript of Proceedings, circa 19 June 1835 [D. Lake v. JS]

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. ...

More Info
, Geauga Co., OH], [ca. 19 June 1835], D. Lake v. JS (Geauga Co., OH, Court of Common Pleas 1835); Geauga County Court of Common Pleas, Common Pleas Record, vol. Q, pp. 506–508; 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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; probable signature of
Matthew Birchard

19 Jan. 1804–16 June 1876. Lawyer, postmaster, editor. Born in Becket, Berkshire Co., Massachusetts. Son of Nathan Birchard and Marcy Ashley. Moved to Windham, Portage Co., Ohio, 1812. Admitted to Ohio bar, 1817. Moved to Warren, Trumbull Co., Ohio, 1822....

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

Historical Introduction

See Introduction to D. Lake v. JS.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Declaration, circa 7 May 1835 [ D. Lake v. JS ] Docket Entry, between 24 November and 4 December 1834 [ D. Lake v. JS ] Bond, 10 December 1834 [ D. Lake v. JS ] Plea, between 7 May and circa 16 June 1835 [ D. Lake v. JS ] Transcript of Proceedings, circa 19 June 1835 [ D. Lake v. JS ]

Page 508

sums of money, nor either of them, nor any part thereof; to the damage of the said
plaintiff

24 Sept. 1812–12 Sept. 1883. Farmer, laborer. Born in Ernestown, Lenox and Addington Co., Upper Canada. Son of James Lake Jr. and Mary. Married Mary Ann Pickle, 17 Nov. 1831, at Ernestown. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1832...

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two hundred & fifty dollars, and thereupon he brings suit &c.
Paine [Payne] & Willson attorneys for
Plaintiff

24 Sept. 1812–12 Sept. 1883. Farmer, laborer. Born in Ernestown, Lenox and Addington Co., Upper Canada. Son of James Lake Jr. and Mary. Married Mary Ann Pickle, 17 Nov. 1831, at Ernestown. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1832...

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.”
Endorsed on the foregoing, was the following Plea, 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.)
Com. Pleas vac. before J.T. 1835
And now comes the said Joseph Smith Jr. & says that he did not undertake & promise the said
plaintiff

24 Sept. 1812–12 Sept. 1883. Farmer, laborer. Born in Ernestown, Lenox and Addington Co., Upper Canada. Son of James Lake Jr. and Mary. Married Mary Ann Pickle, 17 Nov. 1831, at Ernestown. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1832...

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, in manner & form as he has complained of him in his declaration, & puts himself up
on the country

Phrase used in pleadings meaning the defendant wished a trial by jury.

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.—
B[enjamin] Bissell

1805–13 Oct. 1878. Lawyer, senator, judge. Born at Hartwick, Otsego Co., New York. Son of Benjamin Bissell and Elizabeth Heath. Moved to Painesville, Geauga Co., Ohio, Jan. 1829. Married Sarah Bright, 10 Apr. 1829, at Painesville. Partner with Salmon B. Axtell...

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Attorney for Deft.”—
And afterwards to wit: on the day and year first aforesaid, to wit; on the sixteenth day of June in the year of our Lord one thousand eight hundred and thirty five.— came as well the said
Dennis Lake

24 Sept. 1812–12 Sept. 1883. Farmer, laborer. Born in Ernestown, Lenox and Addington Co., Upper Canada. Son of James Lake Jr. and Mary. Married Mary Ann Pickle, 17 Nov. 1831, at Ernestown. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1832...

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as the the said Joseph Smith Junr. by their attornies aforesaid, and were at issue on the plea of
Non assumpsit

Non-assumpsit was the usual plea for the defendant in assumpsit, or breach of contract, suits. It allowed the defendant to argue that “he did not undertake or promise, in manner and form” as claimed by the plaintiff.

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, and thereupon came a Jury to wit: Thomas J. Rodgers [Thomas Jefferson Rogers], Philetus Hovey, Absalom Wells,
Charles W. Briggs

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, George King 1st. Levi Shepherd, Erastus Spencer <​Larned​>, Anson Peas[e],
Erastus Spencer

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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, Timothy Carter, Ralza[mond] Spencer and Joseph P. Cowles, who duly <​were​> duly empannelled and sworn.— And no evidence being adduced by the
Plaintiff

24 Sept. 1812–12 Sept. 1883. Farmer, laborer. Born in Ernestown, Lenox and Addington Co., Upper Canada. Son of James Lake Jr. and Mary. Married Mary Ann Pickle, 17 Nov. 1831, at Ernestown. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1832...

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in support of his claim, the Court directed that he become
Non suit

“A judgment given against a plaintiff, when he is unable to prove his case, or when he refuses or neglects to proceed to trial of a cause after it has been put at issue, without determining such issue.”

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: Thereupon it was considered and adjudged by the Court that the said Joseph Smith Junr. recover against the said
Dennis Lake

24 Sept. 1812–12 Sept. 1883. Farmer, laborer. Born in Ernestown, Lenox and Addington Co., Upper Canada. Son of James Lake Jr. and Mary. Married Mary Ann Pickle, 17 Nov. 1831, at Ernestown. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1832...

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the costs by him about the defence of this suit taxed at <​in that​> behalf expended, taxed at twenty five dollars and sixty four cents.— And it was ordered by the Court that the said
Dennis Lake

24 Sept. 1812–12 Sept. 1883. Farmer, laborer. Born in Ernestown, Lenox and Addington Co., Upper Canada. Son of James Lake Jr. and Mary. Married Mary Ann Pickle, 17 Nov. 1831, at Ernestown. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1832...

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pay the costs by him a made and expended in the prosecution of this suit taxed at ten dollars and eighty six cents

Probable signature of Matthew Birchard.


M[atthew] Birchard

19 Jan. 1804–16 June 1876. Lawyer, postmaster, editor. Born in Becket, Berkshire Co., Massachusetts. Son of Nathan Birchard and Marcy Ashley. Moved to Windham, Portage Co., Ohio, 1812. Admitted to Ohio bar, 1817. Moved to Warren, Trumbull Co., Ohio, 1822....

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PJ [President Judge] [p. 508]
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Source Note

Document Transcript

Page 508

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 19 June 1835 [D. Lake v. JS]
ID #
4494
Total Pages
3
Print Volume Location
Handwriting on This Page
  • David D. Aiken
  • Matthew Birchard

Footnotes

  1. new scribe logo

    Probable signature of Matthew Birchard.

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