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Docket Entry, Costs, circa 5 June 1837 [Rounds qui tam v. Kingsbury] Docket Entry, Overruled Demurrer and Continuance, 10 June 1837 [Rounds qui tam v. Kingsbury] Docket Entry, Verdict, 25 October 1837 [Rounds qui tam v. Kingsbury] Docket Entry, Costs, circa 25 October 1837 [Rounds qui tam v. Kingsbury] Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Kingsbury] Docket Entry, Costs, circa 5 June 1837 [Rounds qui tam v. Whitney] Docket Entry, Overruled Demurrer and Continuance, 10 June 1837 [Rounds qui tam v. Whitney] Docket Entry, Verdict, 25 October 1837 [Rounds qui tam v. Whitney] Docket Entry, Costs, circa 25 October 1837 [Rounds qui tam v. Whitney] Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Whitney] Docket Entry, Costs, circa 5 June 1837 [Rounds qui tam v. Williams] Docket Entry, Overruled Demurrer and Continuance, 10 June 1837 [Rounds qui tam v. Williams] Docket Entry, Verdict, 25 October 1837 [Rounds qui tam v. Williams] Docket Entry, Costs, circa 25 October 1837 [Rounds qui tam v. Williams] Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Williams] Docket Entry, Costs, circa 5 June 1837 [Rounds qui tam v. Rigdon] Docket Entry, Overruled Demurrer and Continuance, 10 June 1837 [Rounds qui tam v. Rigdon] Docket Entry, Verdict, 25 October 1837 [Rounds qui tam v. Rigdon] Docket Entry, Costs, circa 25 October 1837 [Rounds qui tam v. Rigdon] Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Rigdon] Notice, 20 February 1838 [Rounds qui tam v. Rigdon] Docket Entry, Costs, circa 5 June 1837 [Rounds qui tam v. Parrish] Docket Entry, Overruled Demurrer and Continuance, 10 June 1837 [Rounds qui tam v. Parrish] Docket Entry, Verdict, 25 October 1837 [Rounds qui tam v. Parrish] Docket Entry, Costs, circa 25 October 1837 [Rounds qui tam v. Parrish] Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Parrish]

Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Kingsbury]

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. 25 Oct. 1837, Rounds
qui tam

An action in qui tam imposes a statute-based penalty that rewards both the informant and the state by giving the “penalty in part to whosoever will sue for the same, and the other part to the commonwealth.”

View Glossary
v. Kingsbury
(Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 358–359; handwriting of Charles H. Foot; 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...

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; Geauga County Archives and Records Center, Chardon, OH. Transcription from a digital color image made of the original in 2011.

Historical Introduction

See Introduction to Rounds qui tam v. JS.

Page 358

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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on the twenty fourth day of October in the year of our Lord one thousand eight hundred & thirty seven.
Be it remembered that heretofore to wit, on the ninth day of February in the year above written
Samuel D. Rounds

ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...

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qui. tam. 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
H[orace] Kingsbury

Ca. 1798–12 Mar. 1853. Jeweler, silversmith. Born in New Hampshire. Married first Dianthe Stiles, 20 July 1826. Moved to Painesville, Geauga Co., Ohio, 1827. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder by John P. Greene, 9...

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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...

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...

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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
Horace Kingsbury

Ca. 1798–12 Mar. 1853. Jeweler, silversmith. Born in New Hampshire. Married first Dianthe Stiles, 20 July 1826. Moved to Painesville, Geauga Co., Ohio, 1827. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder by John P. Greene, 9...

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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 before our Court of Common Pleas to be held 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. ...

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the twenty first day of March next to answer unto
Samuel D. Rounds

ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...

View Full Bio
who sues as well for 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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as for himself in a plea of debt for one thousand dollars, damage one thousand dollars, as is said. Herein fail not but of this writ and your service make due return. Witness the Honourable
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...

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President 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. ...

More Info
the ninth day of February Anno Domini one thousand eight hundred and thirty seven.
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.”
Upon which writ was the following endorsment to wit:
“Suit brot. to recover of
def[endan]t.

Ca. 1798–12 Mar. 1853. Jeweler, silversmith. Born in New Hampshire. Married first Dianthe Stiles, 20 July 1826. Moved to Painesville, Geauga Co., Ohio, 1827. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder by John P. Greene, 9...

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a penalty of one thousand dollars incurred by acting on the 4th day of Jan.y 1837. as an officer of a Bank not incorporated by the law of this State and denominated “The Kirtland Safety Society Anti Banking Co.” contrary to the statute in such case made and provided: Amt. claimed to be due $1000. Feb.y 8. 1837.”
Afterwards to wit, at the March term of said Court in the year aforesaid, the foregoing writ was returned into court by 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 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 handing the within named
Horace Kingsbury

Ca. 1798–12 Mar. 1853. Jeweler, silversmith. Born in New Hampshire. Married first Dianthe Stiles, 20 July 1826. Moved to Painesville, Geauga Co., Ohio, 1827. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder by John P. Greene, 9...

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a true copy of the same with the endorsments thereof thereon, this 10th Feb. 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. Sheriff.”
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 twenty fourth day of April in the year aforesaid, the
plaintiff

ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...

View Full Bio
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...

View Full Bio
’s office aforesaid, his declaration, 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...

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ss. [scilicet])
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 April Term A.D. 1837.—
Samuel D. Rounds

ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...

View Full Bio
who sues as well for 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
as for himself, complains of
Horace Kingsbury

Ca. 1798–12 Mar. 1853. Jeweler, silversmith. Born in New Hampshire. Married first Dianthe Stiles, 20 July 1826. Moved to Painesville, Geauga Co., Ohio, 1827. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder by John P. Greene, 9...

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in a plea of debt, For that the said
Horace Kingsbury

Ca. 1798–12 Mar. 1853. Jeweler, silversmith. Born in New Hampshire. Married first Dianthe Stiles, 20 July 1826. Moved to Painesville, Geauga Co., Ohio, 1827. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder by John P. Greene, 9...

View Full Bio
on the fourth day of January in the year of our Lord one thousand eight hundred and thirty seven at
Kirtland Township

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...

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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...

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did act as an officer, servant, agent and trustee of a certain Bank called “The Kirtland Safety Society Anti Banking Co.” which said Bank was not then and there incorporated by law; contrary to the Statute in such case made and provided, whereby and by force of the said Statute the
defendant

Ca. 1798–12 Mar. 1853. Jeweler, silversmith. Born in New Hampshire. Married first Dianthe Stiles, 20 July 1826. Moved to Painesville, Geauga Co., Ohio, 1827. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder by John P. Greene, 9...

View Full Bio
has forfeited for said offence the sum of one thousand dollars: and thereby and by force of the said Statute an action hath accrued to the
plaintiff

ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...

View Full Bio
who sues as aforesaid to have and demand of and from the
defendant

Ca. 1798–12 Mar. 1853. Jeweler, silversmith. Born in New Hampshire. Married first Dianthe Stiles, 20 July 1826. Moved to Painesville, Geauga Co., Ohio, 1827. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder by John P. Greene, 9...

View Full Bio
for the said 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
and for himself the said sum of one thousand dollars, one half for said 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
and the other half for the said
plaintiff

ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...

View Full Bio
. And also for that the said
defendant

Ca. 1798–12 Mar. 1853. Jeweler, silversmith. Born in New Hampshire. Married first Dianthe Stiles, 20 July 1826. Moved to Painesville, Geauga Co., Ohio, 1827. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder by John P. Greene, 9...

View Full Bio
afterwards to wit, on the day and year last aforesaid at
Kirtland township

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...

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aforesaid in 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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aforesaid, did act as an officer of a certain other Bank called “the Kirtland Safety Society Anti Banking Co.” which said last mentioned Bank was not then and there incorporated by law, by then and there paying out and receiving money for said Bank, contrary to the Statute in such case made and provided, whereby and by force of the said Statue the said
defendant

Ca. 1798–12 Mar. 1853. Jeweler, silversmith. Born in New Hampshire. Married first Dianthe Stiles, 20 July 1826. Moved to Painesville, Geauga Co., Ohio, 1827. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder by John P. Greene, 9...

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has forfeited for said last mentioned offence the further sum of one thousand dollars and thereby and by force of said statute, an action hath accrued to the
plaintiff

ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...

View Full Bio
who sues as aforesaid to have and demand of and from the said 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
and for himself the said last mentioned sum of one thousand dollars, one half for the said 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
, and the other half for the
plaintiff

ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...

View Full Bio
: And also for that the said
defendant

Ca. 1798–12 Mar. 1853. Jeweler, silversmith. Born in New Hampshire. Married first Dianthe Stiles, 20 July 1826. Moved to Painesville, Geauga Co., Ohio, 1827. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder by John P. Greene, 9...

View Full Bio
afterwards to wit, on the [p. 358]
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Source Note

Document Transcript

Page 358

Document Information

Related Case Documents

Documents Related to Rounds qui tam v. JS

Editorial Title
Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Kingsbury]
ID #
7481
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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