The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
Introduction to JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney Summons, 9 June 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney] Declaration, circa 10 July 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney] Docket Entry, Judgment, 24 October 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney] Transcript of Proceedings, circa 24 October 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney] Docket Entry, Costs, circa 24 October 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney]

Transcript of Proceedings, circa 24 October 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney]

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. 24 Oct. 1837, JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 275–276; unidentified handwriting; signature presumably of
Van R. Humphrey

28 July 1800–5 Sept. 1864. Teacher, lawyer, judge. Born in Goshen, Litchfield Co., Connecticut. Son of Isaiah Humphrey and Lorana Drake. Admitted to bar, 1820. Married first Stella Beach, 12 Apr. 1821, in Goshen. Moved to Hudson, Summit Co., Ohio, June 1821...

View Full Bio
; Geauga County Archives and Records Center, Chardon, OH.

Historical Introduction

See Introduction to JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Summons, 9 June 1837 [ JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney ] Declaration, circa 10 July 1837 [ JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney ]
Transcript of Proceedings, circa 24 October 1837 [ JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney ]

Page 275

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...

More Info
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...

More Info
, on the twenty fourth day of October in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered that heretofore to wit, at the June term of said court in the year above written Joseph Smith Jr. for the use of
[John] Hitchcock

16 Feb. 1785–9 Mar. 1844. Merchant. Born in Greenwich, Fairfield Co., Connecticut. Son of Thomas Hitchcock and Clemence Reynolds. Married Electa Hall. Moved to New York City, by 1810. Died in New York City.

View Full Bio
&
[James R.] Hitchcock

4 Apr. 1814–23 Mar. 1869. Merchant. Born in New York City. Son of John Hitchcock and Electa Hall. Presbyterian. Married Eleanor, after 1850. Died in New York City.

View Full Bio
by
R[euben] Hitchcock

2 Sept. 1806–9 Dec. 1883. Attorney, judge, railroad executive. Born in Burton, Geauga Co., Ohio. Son of Peter Hitchcock and Nabby Cook. Moved to New Haven, New Haven Co., Connecticut. Graduated from Yale University, 1826. Taught at Burton Academy, ca. 1826...

View Full Bio
his attorney sued out of the office of the Clerk of said court a writ of summons against
Elijah Cheney

14 Sept. 1785–3 Nov. 1863. Farmer, laborer. Born at Great Barrington, Berkshire Co., Massachusetts. Son of John Cheney and Elizabeth Granger. Married Achsa Thompson, 14 Mar. 1811. Moved to Bethany, Genesee Co., New York, by 1812; to Sempronius, Cayuga Co....

View Full Bio
, in the words & 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. [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...

View Full Bio
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
. . . Greeting:—
We command you that you summon
Elijah Cheney

14 Sept. 1785–3 Nov. 1863. Farmer, laborer. Born at Great Barrington, Berkshire Co., Massachusetts. Son of John Cheney and Elizabeth Granger. Married Achsa Thompson, 14 Mar. 1811. Moved to Bethany, Genesee Co., New York, by 1812; to Sempronius, Cayuga Co....

View Full Bio
to appear forthwith before our court of common pleas for 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
now sitting at the court house in
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 unto Joseph Smith Jr. for the use of
John Hitchcock

16 Feb. 1785–9 Mar. 1844. Merchant. Born in Greenwich, Fairfield Co., Connecticut. Son of Thomas Hitchcock and Clemence Reynolds. Married Electa Hall. Moved to New York City, by 1810. Died in New York City.

View Full Bio
&
James R. Hitchcock

4 Apr. 1814–23 Mar. 1869. Merchant. Born in New York City. Son of John Hitchcock and Electa Hall. Presbyterian. Married Eleanor, after 1850. Died in New York City.

View Full Bio
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.”

View Glossary
to their damage three hundred dollars as is said. Herein fail not but of this writ and your services make due return. Witness
Van R. Humph[r]ey

28 July 1800–5 Sept. 1864. Teacher, lawyer, judge. Born in Goshen, Litchfield Co., Connecticut. Son of Isaiah Humphrey and Lorana Drake. Admitted to bar, 1820. Married first Stella Beach, 12 Apr. 1821, in Goshen. Moved to Hudson, Summit Co., Ohio, June 1821...

View Full Bio
President of 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. ...

More Info
this ninth day of June A. D. 1837—
C[harles] H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. on note by
def[endan]t

14 Sept. 1785–3 Nov. 1863. Farmer, laborer. Born at Great Barrington, Berkshire Co., Massachusetts. Son of John Cheney and Elizabeth Granger. Married Achsa Thompson, 14 Mar. 1811. Moved to Bethany, Genesee Co., New York, by 1812; to Sempronius, Cayuga Co....

View Full Bio
Sept. 21. 1836 payable to pl[ainti]ff on demand with use for $200.39: Also for money had & recd. to use of plff: Also for money lent & advanced to
deft

14 Sept. 1785–3 Nov. 1863. Farmer, laborer. Born at Great Barrington, Berkshire Co., Massachusetts. Son of John Cheney and Elizabeth Granger. Married Achsa Thompson, 14 Mar. 1811. Moved to Bethany, Genesee Co., New York, by 1812; to Sempronius, Cayuga Co....

View Full Bio
: Amount appearing due $200.00 June 9, 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...

View Full Bio
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 a true copy of the same with the within named
Elijah Cheney

14 Sept. 1785–3 Nov. 1863. Farmer, laborer. Born at Great Barrington, Berkshire Co., Massachusetts. Son of John Cheney and Elizabeth Granger. Married Achsa Thompson, 14 Mar. 1811. Moved to Bethany, Genesee Co., New York, by 1812; to Sempronius, Cayuga Co....

View Full Bio
this 10. day of June 1837—
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...

View Full Bio
2d. Shff.
A[bner] 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...

View Full Bio
Dept.”
And thereupon it was ordered by the court that this cause be continued until the next term of said court— Afterwards to wit, on the tenth day of July in the year aforesaid the plaintiffs by their said
attorney

2 Sept. 1806–9 Dec. 1883. Attorney, judge, railroad executive. Born in Burton, Geauga Co., Ohio. Son of Peter Hitchcock and Nabby Cook. Moved to New Haven, New Haven Co., Connecticut. Graduated from Yale University, 1826. Taught at Burton Academy, ca. 1826...

View Full Bio
filed in the office of the Clerk aforesaid, their 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. [scilicet])
In the Court of Common Pleas,
vacation

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

View Glossary
after the June term AD 1837— Joseph Smith Jr. for the use of
John Hitchcock

16 Feb. 1785–9 Mar. 1844. Merchant. Born in Greenwich, Fairfield Co., Connecticut. Son of Thomas Hitchcock and Clemence Reynolds. Married Electa Hall. Moved to New York City, by 1810. Died in New York City.

View Full Bio
&
James R. Hitchcock

4 Apr. 1814–23 Mar. 1869. Merchant. Born in New York City. Son of John Hitchcock and Electa Hall. Presbyterian. Married Eleanor, after 1850. Died in New York City.

View Full Bio
complains of
Elijah Cheney

14 Sept. 1785–3 Nov. 1863. Farmer, laborer. Born at Great Barrington, Berkshire Co., Massachusetts. Son of John Cheney and Elizabeth Granger. Married Achsa Thompson, 14 Mar. 1811. Moved to Bethany, Genesee Co., New York, by 1812; to Sempronius, Cayuga Co....

View Full Bio
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.”

View Glossary
for that whereas the said
defendant

14 Sept. 1785–3 Nov. 1863. Farmer, laborer. Born at Great Barrington, Berkshire Co., Massachusetts. Son of John Cheney and Elizabeth Granger. Married Achsa Thompson, 14 Mar. 1811. Moved to Bethany, Genesee Co., New York, by 1812; to Sempronius, Cayuga Co....

View Full Bio
on the twenty first day of September AD 1836 at
Kirtland

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
in 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
made his promissory note in writing, and delivering delivered the same to the plaintiff and thereby promised to pay the plaintiff two hundred dollars & thirty nine cents with use on demand for value received and the said
defendant

14 Sept. 1785–3 Nov. 1863. Farmer, laborer. Born at Great Barrington, Berkshire Co., Massachusetts. Son of John Cheney and Elizabeth Granger. Married Achsa Thompson, 14 Mar. 1811. Moved to Bethany, Genesee Co., New York, by 1812; to Sempronius, Cayuga Co....

View Full Bio
in consideration of the premises promised to pay the amount of the said note to the said plaintiff according to the tenor and effect thereof, and also for that whereas the said
defendant

14 Sept. 1785–3 Nov. 1863. Farmer, laborer. Born at Great Barrington, Berkshire Co., Massachusetts. Son of John Cheney and Elizabeth Granger. Married Achsa Thompson, 14 Mar. 1811. Moved to Bethany, Genesee Co., New York, by 1812; to Sempronius, Cayuga Co....

View Full Bio
heretofore to wit, on the twenty second day of September AD 1836 at
Kirtland

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
in 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 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...

More Info
was indebted to said plaintiff in the sum of four hundred dollars for the work, labour, care, diligence and attention of him the said plaintiff by him the said plaintiff before that time done performed and bestowed in and about the business of [p. 275]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page 275

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 24 October 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney]
ID #
4462
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Unidentified

Footnotes

  1. [1]

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

© 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06