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Introduction to Scribner v. Rigdon, Smith & Cowdery Summons, 26 October 1837 [Scribner v. Rigdon, Smith & Cowdery] Declaration, circa 4 December 1837 [Scribner v. Rigdon, Smith & Cowdery] Docket Entry, Judgment, 5 April 1838 [Scribner v. Rigdon, Smith & Cowdery] Docket Entry, Continuance, 7 November 1838 [Scribner v. Rigdon, Smith & Cowdery] Docket Entry, Costs, circa 20 October 1840 [Scribner v. Rigdon, Smith & Cowdery] Transcript of Proceedings, circa 20 October 1840 [Scribner v. Rigdon, Smith & Cowdery]

Transcript of Proceedings, circa 20 October 1840 [Scribner v. Rigdon, Smith & Cowdery]

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. 20 Oct. 1840, Scribner v. Rigdon, Smith & Cowdery (Geauga Co., OH, Court of Common Pleas 1840); Geauga County Court of Common Pleas, Common Pleas Record, vol. X, pp. 530–532; handwriting of Charles H. Foot; Geauga County Archives and Records Center, Chardon, OH.

Historical Introduction

See Introduction to Scribner v. Rigdon, Smith & Cowdery.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Summons, 26 October 1837 [ Scribner v. Rigdon, Smith & Cowdery ] Declaration, circa 4 December 1837 [ Scribner v. Rigdon, Smith & Cowdery ]
Transcript of Proceedings, circa 20 October 1840 [ Scribner v. Rigdon, Smith & Cowdery ]

Page 530

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 twentieth day of October in the year of our Lord one thousand eight hundred and forty.—
Be it remembered, that heretofore to wit at the October Term of said Court in the year of our Lord one thousand eight hundred and thirty seven
Jonathan F. Scribner

2 Apr. 1810–by 1880. Farmer, merchant. Born in Andover, Merrimack Co., New Hampshire. Son of Benjamin Scribner and Mary Ann White. Moved to Buffalo, Erie Co., New York, by 1836. Married Mary Sheldon, 28 Jan. 1836, in New York. Moved to Sheldon, Franklin Co...

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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 summons against
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 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)
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 that you summon
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, Jr &
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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if he be found in your
Bailiwick

The county or other district over which an arresting officer has jurisdiction.

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to appear forthwith before our Court of Common Pleas now sitting at the Court-House in the town of
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
, to answer
Jonathan F. Scribler [Scribner]

2 Apr. 1810–by 1880. Farmer, merchant. Born in Andover, Merrimack Co., New Hampshire. Son of Benjamin Scribner and Mary Ann White. Moved to Buffalo, Erie Co., New York, by 1836. Married Mary Sheldon, 28 Jan. 1836, in New York. Moved to Sheldon, Franklin Co...

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in a plea 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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to his damage fifteen hundred dollars, as is said Herein fail not but of this writ and your service make due return.
Witness
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 our said Court, 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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the 26th day of October Anno Domini one thousand eight hundred and thirty seven.—
C[harles] H. Foot Dep Clerk”—
Upon which writ was the following endorsment to wit:—
“Suit brot to recover for goods &c sold and delivered to defts for money had & recd to the use of
plff

2 Apr. 1810–by 1880. Farmer, merchant. Born in Andover, Merrimack Co., New Hampshire. Son of Benjamin Scribner and Mary Ann White. Moved to Buffalo, Erie Co., New York, by 1836. Married Mary Sheldon, 28 Jan. 1836, in New York. Moved to Sheldon, Franklin Co...

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s And also for money lent & advanced to defts— amt claimed to be due $850.00. Oct 26. 1837—”
The foregoing writ was forthwith returned into Court by the
Sheriff

14 Oct. 1813–31 Oct. 1882. Farmer, sheriff. Born in Wilmington, Windham Co., Vermont. Son of Silas Axtell and Deborah Perry. Moved to Chautauque Co., New York, ca. 1826. Moved to Perry, Geauga Co., Ohio, ca. 1831. Served as deputy sheriff, 1838, in Geauga...

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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...

More Info
endorsed as follows 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...

More Info
ss)
I have executed the command of this writ by leaving true copies at the residence of Joseph Smith Jr and
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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with their wives they being absent this 27 Oct 1837—
A. D. Axtell [Abner P. Axtell]

14 Oct. 1813–31 Oct. 1882. Farmer, sheriff. Born in Wilmington, Windham Co., Vermont. Son of Silas Axtell and Deborah Perry. Moved to Chautauque Co., New York, ca. 1826. Moved to Perry, Geauga Co., Ohio, ca. 1831. Served as deputy sheriff, 1838, in Geauga...

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Dept Shff”—
Whereupon it was ordered by the Court that this cause be continued until the next Term of said Court.— Afterwards to wit on the forth day of December in the year last aforesaid the said
plaintiff

2 Apr. 1810–by 1880. Farmer, merchant. Born in Andover, Merrimack Co., New Hampshire. Son of Benjamin Scribner and Mary Ann White. Moved to Buffalo, Erie Co., New York, by 1836. Married Mary Sheldon, 28 Jan. 1836, in New York. Moved to Sheldon, Franklin Co...

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filed in 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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s office aforesaid his declaration 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...

More Info
ss)
Court of Common Pleas
Vacation

“Period of time between the end of one term [of court] and beginning of another.”

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after October Term A.D. 1837.—
Jonathan F. Scribner

2 Apr. 1810–by 1880. Farmer, merchant. Born in Andover, Merrimack Co., New Hampshire. Son of Benjamin Scribner and Mary Ann White. Moved to Buffalo, Erie Co., New York, by 1836. Married Mary Sheldon, 28 Jan. 1836, in New York. Moved to Sheldon, Franklin Co...

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complains of
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...

View Full Bio
[p. 530]
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Cite this page

Source Note

Document Transcript

Page 530

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 20 October 1840 [Scribner v. Rigdon, Smith & Cowdery]
ID #
4480
Total Pages
3
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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