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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. Rigdon]

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.”

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v. Rigdon
(Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 359–362; 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.

Historical Introduction

See Introduction to Rounds qui tam v. JS.

Page 361

ordered by the Court that this cause be continued until the next term of said court.
And now at this term of said Court that is to say at the term thereof first aforesaid come the said parties by their counsel, and thereupon came a Jury to wit: Amos Cunningham, John McMackin,
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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, Gerry Bates, George D. Lee, William C. Mathews, William Graham,
Benjamin Adams

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, Harrison P. Stebbins, Jonathan Hoyt, Heman Dodge and Thadeus Cook, who being duly empannelled and sworn well and truly to try the issue joined between the parties and a true verdict to give do find that the
defendant

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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is indebted 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...

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in the sum of one thousand dollars, Whereupon the
defendant

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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files his motion to set as
It is therefore considered by the Court that 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...

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recover against the
defendant

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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his debt aforesaid so found as aforesaid, and also his costs and charges by him in and about the prosecuting of this suit in that behalf expended taxed at twenty two dollars and seventy seven cents: And it is ordered by the Court that the
defendant

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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pay the costs and charges by him made in and about the defending of this suit taxed at Eighty one cents, and in default thereof that
execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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issue to collect the same. The
defendant

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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excepts to the opinion of the Court, and files his Bill of Exceptions signed and sealed by the Judges thereof, in the words and figures following to wit:—
“
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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)
ads)
[Samuel] 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.)
This cause came on for trial before the Court and Jury upon the pleadings. And the
Pl[ainti]ff

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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in order to maintain his suit introduced witnesses and offered to prove by them that the “Society” described in the declaration, existed at the time therein stated, 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...

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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...

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; but it appearing that said Society was organised by written articles of association then in their possession the
Def[endan]t

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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by his counsel objected to such proof without first showing notice to said Society to produce said articles: but the Court overruled the objection and admitted the evidence. The
Plff

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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did not produce any of the Bills loaned, in Court. The
Plff

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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further offered to prove that before and at the time in the declaration mentioned said “Society” consisting of sundry individuals carried on the business of issuing paper or bills of the likeness and similitude of Bank Bills of various denominations which would pass and circulate, by delivery of which (among others produced and offered in evidence and subscribed by the
deft

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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) the following is a copy to wit:
“[$3 Kirtland Safety Society bank note]”
That said Society at the same time loaned said paper or bills to sundry individuals that the
deft

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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was a director in said “Society” and that he assisted in loaning the same, to which the
deft

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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by his counsel also objected, but the Court overruled said objection and admitted the evidence, and the
Plff

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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rested— And thereupon the
deft

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
by his counsel moved the Court to charge the Jury that the Statute upon which the suit was founded was not in force, that the loaning of said paper or bills was not a loaning of money if the Statute was in force and that there was no evidence that would [p. 361]
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Source Note

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Page 361

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Related Case Documents

Documents Related to Rounds qui tam v. JS

Editorial Title
Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Rigdon]
ID #
7464
Total Pages
4
Print Volume Location
Handwriting on This Page
  • Charles H. Foot

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