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 Martindale v. JS et al. Capias ad Respondendum, 16 February 1837 [Martindale v. JS et al.] Special Bail, 21 March 1837 [Martindale v. JS et al.] Declaration, circa 24 April 1837 [Martindale v. JS et al.] Docket Entry, Judgment, 5 June 1837 [Martindale v. JS et al.] Docket Entry, Costs, circa 5 June 1837 [Martindale v. JS et al.] Transcript of Proceedings, circa 5 June 1837 [Martindale v. JS et al.]

Transcript of Proceedings, circa 5 June 1837 [Martindale v. JS 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. ...

More Info
], Geauga Co., OH, ca. 5 June 1837, Martindale v. JS et al. (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 106–108; 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...

View Full Bio
; 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 Martindale v. JS et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Special Bail, 21 March 1837 [ Martindale v. JS et al. ] Capias ad Respondendum, 16 February 1837 [ Martindale v. JS et al. ] Declaration, circa 24 April 1837 [ Martindale v. JS et al. ] Transcript of Proceedings, circa 5 June 1837 [ Martindale v. JS et al. ]

Page 108

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
the said defendants (the said
Newel K. Whitney

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
using the name & style of
N. K. Whitney

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
) made their promissory note in writing and delivered the same to the said
plaintiff

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

View Full Bio
, and thereby then & there jointly and severally promised for value received to pay the said
plaintiff

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

View Full Bio
or order five thousand dollars on the first day of January next after the date thereof, which period has now elapsed; and the said defendants then and there in consideration of the premises jointly and severally promised the said
plaintiff

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

View Full Bio
to pay him the amount of the said note according to its tenor and effect; And also for that whereas afterwar[d]s, to wit, on the twentieth day of February A.D. 1837. 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
aforesaid, in the
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
aforesaid, the said defendants were jointly and severally indebted to the said
plaintiff

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

View Full Bio
in the sum of six thousand dollars for so much money by the said defendants before that time lent and advanced to, and paid, laid out and expended for the said defendants and at their special instance and request; and also in the further sum of six thousand dollars for so much money by the said defendants before that time had and received to and for the use of the said
plaintiff

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

View Full Bio
: and being so indebted they the said defendants in consideration thereof afterwards to wit, on the day and year last aforesaid, 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
aforesaid, in the
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
aforesaid, jointly and severally undertook and then and there faithfully promised the said
plaintiff

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

View Full Bio
to pay him the said sums of money in this court mentioned on request: Yet they have disregarded their promises & have not paid nor hath any or either of them paid the said several sums of money, or any or either of them or any part thereof; to the damage of the said
plaintiff

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

View Full Bio
of seven thousand five hundred dollars, & therefore he brings his suit, &c.
R. 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
Plff

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

View Full Bio
s. Att[orne]y.”
And now at this term of said court that is to say, at the term thereof first aforesaid, come the said parties and by their mutual agreement this cause is settled and discontinued at the costs of the defendants. It is therefore considered by the court, that the
plaintiff

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

View Full Bio
recover against the defendants his costs and charges by him in and about the prosecuting of this suit, in that behalf expended, taxed at five dollars and fifty cents: and it is ordered by the court, that the defendants pay the costs and charges by them made in and about the defending of this suit, taxed at ninety 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...

View Glossary
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. 108]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page 108

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 5 June 1837 [Martindale v. JS et al.]
ID #
4507
Total Pages
3
Print Volume Location
Handwriting on This Page
  • David D. Aiken
  • Van R. Humphrey

Footnotes

  1. new scribe logo

    Signature presumably of Van R. Humphrey.

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