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Introduction to E. Holmes v. Dayton et al. Summons, 28 March 1837 [E. Holmes v. Dayton et al.] Declaration, circa 25 April 1837 [E. Holmes v. Dayton et al.] Docket Entry, 5 June 1837 [E. Holmes v. Dayton et al.] Transcript of Proceedings, circa 5 June 1837 [E. Holmes v. Dayton et al.] Docket Entry, Costs, circa 5 June 1837 [E. Holmes v. Dayton et al.] Notice, 23 June 1837 [E. Holmes v. Dayton et al.]

Transcript of Proceedings, circa 5 June 1837 [E. Holmes v. Dayton et al.]

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. 5 June 1837, E. Holmes v. Dayton et al. (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 86–87; handwriting of
David 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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; 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 E. Holmes v. Dayton et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Summons, 28 March 1837 [ E. Holmes v. Dayton et al. ] Declaration, circa 25 April 1837 [ E. Holmes v. Dayton et al. ]
Transcript of Proceedings, circa 5 June 1837 [ E. Holmes v. Dayton et al. ]

Page 86

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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and State of Ohio, on the fifth day of June in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered, that heretofore, to wit, at the March term of said court in the year aforesaid, <​Ezra Holmes​> by
L[ord] Sterling

14 May 1805–21 Jan. 1905. Lawyer, judge. Born in Lima, Ontario Co., New York. Son of James Sterling and Mabel Chester. Married Ellen Elizabeth Allen Sterling, 1 Nov. 1835. Moved to Willoughby, Lake Co., Ohio, before 1837. Admitted to the bar, 1837. Attorney...

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the his Attorney, sued out of the office of the clerk of said court, a writ of summons against
Hiram Dayton

1 Nov. 1798–10 Dec. 1881. Farmer, canal builder. Born at Herkimer, Herkimer Co., New York. Son of Friend Dayton and Anne Herrington. Married Permelia Bundy, 1 Nov. 1820. Moved to Parkman, Geauga Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter...

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& others, 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])
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 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:
Seal
1

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


We command you, that you Summon
Hiram Dayton

1 Nov. 1798–10 Dec. 1881. Farmer, canal builder. Born at Herkimer, Herkimer Co., New York. Son of Friend Dayton and Anne Herrington. Married Permelia Bundy, 1 Nov. 1820. Moved to Parkman, Geauga Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter...

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,
Freeman [Truman] G. Slitor

27 Mar. 1809–before 1896. Farmer, carpenter, sawmill operator. Born in Schuyler, Herkimer Co., New York. Son of James Slitor and Fannie Mandigo. Married Jane Vanzandt. Moved to Burton, Geauga Co., Ohio, by 1830. Moved to Potter, Yates Co., New York, by 1834...

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& Joseph Smith Junior, to appear forthwith before our court of common pleas for said county, 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. ...

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, to answer unto Ezra Holmes 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 five hundred dollars, as is said. Herein fail not, but of this writ and your services make due return. Witness,
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 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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, this twenty eighth day of March A.D. 1837.
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 brought on note of hand given by defendants to plaintiff, for the sum of two hundred and eight dollars and thirty cents, Dated Nov. 15th. 1836, and due the first day of January following; also for goods sold & money lent. Damages $500.— March 28th. 1837.”
The foregoing writ was forthwith 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...

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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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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...

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ss. [scilicet]} In obedience to the command of the within, I have executed the same by leaving a true copy of this writ with
Hiram Dayton

1 Nov. 1798–10 Dec. 1881. Farmer, canal builder. Born at Herkimer, Herkimer Co., New York. Son of Friend Dayton and Anne Herrington. Married Permelia Bundy, 1 Nov. 1820. Moved to Parkman, Geauga Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter...

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’s wife on the 28th. inst. handed
Freeman G. Slitor

27 Mar. 1809–before 1896. Farmer, carpenter, sawmill operator. Born in Schuyler, Herkimer Co., New York. Son of James Slitor and Fannie Mandigo. Married Jane Vanzandt. Moved to Burton, Geauga Co., Ohio, by 1830. Moved to Potter, Yates Co., New York, by 1834...

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& Joseph Smith Jnr. each a true copy on the 28th. 1837. Shffs Office March 29th. 1837.
A[bel] 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...

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Shff.
E[ber] Benjamin

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Dep[u]ty.”
And thereupon it was ordered by the Court, that this cause be continued until the next term of the said Court.
Afterwards, to wit, on the twenty fifth day of April in the year aforesaid, the plaintiff by his said
attorney

14 May 1805–21 Jan. 1905. Lawyer, judge. Born in Lima, Ontario Co., New York. Son of James Sterling and Mabel Chester. Married Ellen Elizabeth Allen Sterling, 1 Nov. 1835. Moved to Willoughby, Lake Co., Ohio, before 1837. Admitted to the bar, 1837. Attorney...

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, filed his declaration withe the Clerk aforesaid, 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])
Court of Common Pleas, March term A.D. 1837— Declaration in
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
.
Ezra Holmes)
vs.)
Hiram Dayton

1 Nov. 1798–10 Dec. 1881. Farmer, canal builder. Born at Herkimer, Herkimer Co., New York. Son of Friend Dayton and Anne Herrington. Married Permelia Bundy, 1 Nov. 1820. Moved to Parkman, Geauga Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter...

View Full Bio
)
Truman Slitor

27 Mar. 1809–before 1896. Farmer, carpenter, sawmill operator. Born in Schuyler, Herkimer Co., New York. Son of James Slitor and Fannie Mandigo. Married Jane Vanzandt. Moved to Burton, Geauga Co., Ohio, by 1830. Moved to Potter, Yates Co., New York, by 1834...

View Full Bio
&)
Joseph Smith Jr.)
Ezra Holmes complains of
Hiram Dayton

1 Nov. 1798–10 Dec. 1881. Farmer, canal builder. Born at Herkimer, Herkimer Co., New York. Son of Friend Dayton and Anne Herrington. Married Permelia Bundy, 1 Nov. 1820. Moved to Parkman, Geauga Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter...

View Full Bio
Truman Slitor

27 Mar. 1809–before 1896. Farmer, carpenter, sawmill operator. Born in Schuyler, Herkimer Co., New York. Son of James Slitor and Fannie Mandigo. Married Jane Vanzandt. Moved to Burton, Geauga Co., Ohio, by 1830. Moved to Potter, Yates Co., New York, by 1834...

View Full Bio
& Joseph Smith Junior 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 defendants on the fifteenth day of November A.D. 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...

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in said County of Geauga, made their promissory note in [p. 86]
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Source Note

Document Transcript

Page 86

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 5 June 1837 [E. Holmes v. Dayton et al.]
ID #
4501
Total Pages
2
Print Volume Location
Handwriting on This Page
  • David D. Aiken

Footnotes

  1. [1]

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

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