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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. Whitney]

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. 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. Whitney
Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 356–357; 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 [357]

did act as an officer, servant, agent and trustee of a 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 the force of the <​said​> Statute, the
defendant

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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has forfeited for said offence the 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...

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

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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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...

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and for himself the said 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

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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, 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 and denominated “The Kirtland Safety Society Anti Banking Co.” which said last mentioned Bank was not then and there incorporated by law, by then and there assisting in the discounting of paper and lending money for said Bank, contrary to the Statute in such case made and provided, whereby and by force of the said Statute the said
defendant

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
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
defendant

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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 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 of 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

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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...

More Info
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 not incorporated by law, contrary to the Statute in such case made and provided, whereby and by force of the said Statute the
defendant

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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 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
. Yet the said
defendant

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
though often requested so to do, hath not paid the said several sums of one thousand dollars nor any nor either of them nor any part thereof to 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 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, but has always neglected and refused so to do, which is to the damage of 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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the sum of one thousand dollars, and therefore he brings this suit &c.
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...

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Atty. for Pl[ainti]ff.”
Afterwards to wit, at the June term of said Court in the year aforesaid, this cause came on to be heard on a
demurrer

English common law courts developed a complex process of pleading in civil suits that required the parties to file a series of legal documents, or pleadings, in order to define the dispute precisely. Courts in England’s American colonies and, later, in the...

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to the declaration of 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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, and was argued by counsel: On consideration whereof it was adjudged by the Court that the said demurrer be overruled, with costs. Whereupon on motion of the
defendant

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
leave was given him to amend, on payment of costs: And it was 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 comes the
defendant

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
, and 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
being three times demanded to come into Court and prosecute his suit, comes not but makes default. It is therefore ordered 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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become
nonsuit

“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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; And that the
defendant

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
recover against him, his costs and charges by him in and about the defending of this suit in that behalf expended taxed at seven dollars and fifteen cents: And it is ordered 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...

View Full Bio
pay the costs and charges by him made in and about the prosecuting of this suit, taxed at three dollars and sixty two 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.

Signature presumably of Van R. Humphrey.


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
Prest [p. [357]]
View entire transcript

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Source Note

Document Transcript

Page [357]

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. Whitney]
ID #
7486
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Charles H. Foot
  • Van R. Humphrey

Footnotes

  1. new scribe logo

    Signature presumably of Van R. Humphrey.

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