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Joseph Smith and Civil Litigation

Joseph Smith and Civil Litigation

Between 1819 and 1844, JS participated in approximately seventy-eight civil lawsuits in , , , , , and . His roles in these cases varied. He brought twenty of the cases as the plaintiff and acted as the defendant in forty-eight others. He was subpoenaed to testify in seven cases, and in three more he was a third party who was indirectly interested in the outcome. Most of JS’s civil suits dealt with financial matters. His experience with civil litigation was shaped by changing economic conditions in the . Prior to the eighteenth century, most economic transactions involved oral promises between neighbors. But as the economy expanded, informal transactions between local acquaintances were largely replaced by financial agreements with distant strangers, mediated through promissory notes and other written instruments in which the debtor promised to repay the creditor within a certain time or on demand. When debtors failed to comply with the stipulations of the note, creditors hired attorneys to collect or renegotiate the debt. When necessary, creditors also brought litigation against negligent debtors, which was often a costly and lengthy process.

The size of the debt determined which court a suit was brought in. Twenty-six of JS’s civil suits were heard before , the lowest tier in the state court system, who were authorized to hear disputes for up to one hundred dollars.

Seven of these were subsequently appealed or otherwise elevated to a higher court. Nearly all of the remaining suits dealt with larger unpaid debts or sought significant damages for wrongs committed. These cases were initiated in county-level courts, which in , , and were known as courts of common pleas and in and were called circuit courts.

Pennsylvania Constitution of 1790, art. 5, sec. 4; An Act concerning the Courts of Common Pleas and General Sessions of the Peace in the Several Counties of this State [5 Apr. 1813], Laws of the State of New-York, vol. 2, p. 141, sec. 1; Ohio Constitution of 1802, art. 3, sec. 3; An Act to Establish Judicial Districts and Circuits, and Prescribe the Times and Places of Holding Courts [17 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 163, sec. 15; An Act to Establish Circuit Courts [23 Feb. 1841], Laws of the State of Illinois [1840–1841], pp. 103–105, 108, secs. 1, 4, 9, 18.

Comprehensive Works Cited

Pennsylvania Constitution, 1790. Basic Documents of Pennsylvania Including Proprietary Charters and Deeds, Indian Deeds, and State Constitutions 1681–1873. Pennsylvania State Archives.

Laws of the State of New-York, Revised and Passed at the Thirty-Sixth Session of the Legislature, With Marginal Notes and References. 2 Vols. Albany: H. C. Southwick and Company, 1813.

Ohio Constitution, 1802. Ohio History Connection.

The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 2nd ed. St. Louis: Chambers and Knapp, 1840.

Laws of the State of Illinois, Passed by the Twelfth General Assembly, at Their Session, Began and Held at Springfield, on the Seventh of December, One Thousand Eight Hundred and Forty. Springfield, IL: William Walters, 1841.

One suit was brought by federal officials in a United States District Court in , Illinois.

JS’s earliest exposure to a civil lawsuit occurred in 1819, when his father and older brother— and —sued a , New York, neighbor, , for selling them unsound horses. The Smiths won the suit before a justice of the peace, in part based on the teenage JS’s testimony. Hurlbut appealed to the , New York, Court of Common Pleas, where a default judgment was rendered against the Smiths after they failed to appear. Eleven years later JS borrowed $190.95 from a , Pennsylvania, merchant, in part to complete the purchase of property from his father-in-law, . As JS was preparing to leave , his creditor initiated an “amicable action” against JS—the first civil suit in which he was a party—to ensure payment through the courts. JS agreed to this measure and repaid the debt the following year.

Financial growth in nineteenth-century America was usually accomplished by first going into debt, as few individuals could raise adequate funds for ambitious projects. During the 1830s, church members sought to build in and a of Zion in , a collective endeavor that required substantial resources. While the church sought to implement consecration and tithing to raise funds internally, over time church leaders realized that fulfilling divine mandates—including building a —would require additional sources of capital.

In their efforts to build Zion, in the mid-1830s JS and other church leaders formed multiple firms or partnerships that operated mercantile stores in and , Ohio. The firms purchased thousands of dollars in inventory from wholesale merchants in on credit, using promissory notes assuring repayment in the future, usually three to six months later. Church leaders hoped to make the required payments by selling the goods they had purchased. In November 1836 church leaders also established a community bank, the , in an effort to strengthen the local economy. The society was funded in part by stockholders and in part by loans in the form of promissory notes from other financial institutions. By January 1837, JS and other church leaders had been unable to get a state charter for the Kirtland Safety Society, so they decided to restructure it as an unchartered banking company.

A nationwide economic downturn in 1837 dashed the Latter-day Saints’ financial ambitions.

During the ensuing financial crisis, creditors across the turned to the courts to collect debts and thereby “created an untold volume of litigation.” When the -area firms failed to pay their promissory notes to merchants on time, those in possession of the notes hired lawyers to pursue debt litigation in the local courts, which resulted in JS being named as a defendant in dozens of suits. As a plaintiff, JS sought to collect small debts on behalf of the firms before Kirtland justices of the peace. In addition, civil proceedings were brought against JS and others based on an statute that banned unchartered banks. In early 1838, JS relocated from Ohio to , but he authorized agents to settle his debts and answer remaining lawsuits in Ohio.

Another major financial transaction that led to subsequent litigation occurred in September 1840, when JS and other church leaders purchased a steamboat from the federal government for $4,866.38 using a promissory note. They intended to use the boat to ferry church members as well as transport goods for a fee on the . After operating for only about a month, the steamboat crashed on a sandbar and was severely damaged. The loss of the boat resulted in multiple lawsuits in the 1840s, as JS and the other signatories attempted to recoup their losses and in turn were sued for unfulfilled obligations. In 1842, the cumulative weight of the church’s debts incurred in his name, or subsequently assumed by him, led JS to avail himself of a recently passed federal bankruptcy bill. In response, federal officials in 1842 sued JS and the other signatories on the 1840 note to collect payment for the steamboat, resulting in a default judgment against them.

Several civil suits resulted from confrontations between JS and his antagonists. Some of these stemmed from the 1838 conflict between the Latter-day Saints and their opponents in . Others developed out of conflicts between JS and dissenters in , Illinois, in late 1843 and early 1844. At the May 1844 term of the , Illinois, circuit court, JS’s critics sought to overwhelm him with litigation, bringing six civil suits against him. Most of these suits, which targeted JS in his capacity as mayor and judge in Nauvoo, were still pending at his death on 27 June 1844.

JS’s record in these suits was mixed. Of the twenty suits that JS brought as the plaintiff, he prevailed in nine cases and lost one suit outright; the remaining ten were dismissed. Of the forty-eight cases in which he was the defendant, he lost twenty-nine and the remaining nineteen were either dismissed or not litigated. In all, civil litigation accounted for more than 40 percent of the approximately 190 cases JS was involved in.

For criminal prosecutions in which JS participated, see Joseph Smith and the Criminal Justice System. For civil suits over which he presided as a judge in , see the Joseph Smith as a Judge finding aid. For civil suits involving his estate, see The Estate of JS.

JS as Plaintiff

Millet for the use of JS v. Woodstock, Kirtland Township, OH, Justice of the Peace Court, 20 July 1837

Rigdon, Smith & Cowdery for the use of JS v. Woodworth, Kirtland Township, OH, Justice of the Peace Court, ca. 31 July 1837

Cahoon, Carter & Co. for the use of JS v. Avery, Kirtland Township, OH, Justice of the Peace Court, 5 August 1837

Cahoon, Carter & Co. for the use of JS v. Draper, Kirtland Township, OH, Justice of the Peace Court, ca. August 1837

JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney, Geauga Co., OH, Court of Common Pleas, 24 October 1837

JS for the use of J. Granger v. Smalling and Coltrin, Geauga Co., OH, Court of Common Pleas, 8 November 1838

JS v. McLellin, Clay Co., MO, Circuit Court, 21 August 1839

Rigdon, JS, O. Cowdery, and H. Smith for the use of L. Cowdery v. W. Smith, Geauga Co., OH, Court of Common Pleas, 12 November 1839

Miller, Haws, JS, and H. Smith v. B. Holladay and W. Holladay, Hancock Co., IL, Circuit Court, 7 May 1841

JS v. Shearer, Nauvoo, IL, Justice of the Peace Court, 26 February 1842

JS v. Hinkle, U.S. District Court for Lee Co., Iowa Territory, 29 April 1842

JS v. Fuller, Nauvoo, IL, Justice of the Peace Court, 24 May 1843

JS had acquired rights under Illinois statute to operate a ferry in 1841. In 1843, Samuel Fuller began running a competing ferry, leading JS to take legal action against him. Illinois law allowed ferry rights owners to either seize the boat of an unauthorized competitor or, through a local justice of the peace, require the unlicensed competitor to pay the rights owner a fee of $15 per person ferried. The justice of the peace was required to give the unlicensed offender five days’ notice of proceedings against him. JS’s journal entry for 19 May 1843 stated, “gave a warrant agai[n]st Samu[e]l Fuller for running a boat on the Ferry.” It is unclear if this warrant was issued by JS or by another justice of the peace at JS’s request. The warrant apparently was not served. On 20 May, JS “called at court room on case of Samuel Fuller,” but the court adjourned before rendering a decision. On 24 May, the case against Fuller was nonsuited on the grounds that no notice was given to him of the proceedings. The Nauvoo City Council passed an ordinance on 1 June 1843 that incorporated language from the state statute and that granted JS exclusive rights to operate a ferry around Nauvoo. Because the documents for this case are apparently not extant, it is not introduced or featured on the website. (An Act to Provide for the Establishment of Ferries [12 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 308, sec. 11; JS, Journal, 19–21 and 24 May 1843; Ordinance, 1 June 1843.)

Comprehensive Works Cited

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

JS v. Reynolds and Wilson–B, Lee Co., IL, Circuit Court, ca. 26 June 1843

JS v. La Forest, Nauvoo, IL, Justice of the Peace Court, 17 August 1843

JS v. Brotherton, St. Louis, MO, Circuit Court, 22 September 1843

JS v. Reynolds and Wilson–A, Lee Co., IL, Circuit Court, 10 May 1844

JS v. Emmons, Nauvoo, IL, Justice of the Peace Court, 7 June 1844

JS v. O. Cowdery, Hancock Co., IL, Circuit Court, in Chancery, 29 October 1844

Phelps Assignee of JS v. Wilson Law, Hancock Co., IL, Circuit Court, 21 May 1845

JS, H. Smith, Haws, G. Miller, and the estate of Knight v. C. B. Street and M. B. Street, Hancock Co., IL, Circuit Court, ca. 22 May 1846

JS as Defendant

Noble & Co. v. JS, Susquehanna Co., PA, Court of Common Pleas, ca. 29 November 1830

D. Lake v. JS, Geauga Co., OH, Court of Common Pleas, 19 June 1835

Rounds qui tam v. JS, Geauga Co., OH, Court of Common Pleas, 10 February 1837

Usher v. JS–A, Kirtland Township, Geauga Co., OH, Justice of the Peace Court, 15 March 1837

Martindale v. JS, Whitney, Cahoon, and Johnson, Geauga Co., OH, Court of Common Pleas, 5 June 1837

E. Holmes v. Dayton, Slitor, and JS, Geauga Co., OH, Court of Common Pleas, 5 June 1837

G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery, Geauga Co., OH, Court of Common Pleas, 5 June 1837

Bank of Geauga v. JS, Whitney, and Rigdon, Geauga Co., OH, Court of Common Pleas, 6 June 1837

Kelley v. Rigdon, Smith & Cowdery, Geauga Co., OH, Court of Common Pleas, 6 June 1837

C. Lake for the Use of Quinn v. Millet, JS, and H. Smith, Kirtland Township, Geauga Co., OH, Justice of the Peace Court, 10 July 1837

Usher v. JS–B, Kirtland Township, Geauga Co., OH, Justice of the Peace Court, 17 August 1837

Bailey, Keeler & Remsen v. Smith & Cowdery, Geauga Co., OH, Court of Common Pleas, circa September 1837, not litigated

Newbould v. Rigdon, Smith & Cowdery, Geauga Co., OH, Court of Common Pleas, 24 October 1837

Seymour & Griffith v. Rigdon and JS, Geauga Co., OH, Court of Common Pleas, ca. 24 October 1837

Barker for the use of Bump v. JS and O. Cowdery, Geauga Co., OH, Court of Common Pleas, ca. 24 October 1837

Eaton v. JS and O. Cowdery, Geauga Co., OH, Court of Common Pleas, 27 October 1837

Foster Sr. v. Luke Johnson, Lyman Johnson, H. Smith, and JS, Kirtland Township, Geauga Co., OH, Justice of the Peace Court, 23 December 1837

Bump v. JS, Kirtland Township, Geauga Co., OH, Justice of the Peace Court, ca. 1 January 1838

Bump v. S. Smith and JS, Kirtland Township, Geauga Co., OH, Justice of the Peace Court, 2 January 1838

M. Allen v. JS, Cowdery, Carter, Knight, Orton, and Cahoon, Kirtland Township, Geauga Co., OH, Justice of the Peace Court, 8 January 1838

W. W. Spencer v. Cahoon, Carter, H. Smith, JS, Rigdon, and W. Smith, Kirtland Township, Geauga Co., OH, Justice of the Peace Court, ca. 25 January 1838

Boynton and Hyde v. JS, Geauga Co., OH, Court of Common Pleas, 3 April 1838

Commercial Bank of Lake Erie v. Cahoon, JS, and Young, Geauga Co., OH, Court of Common Pleas, 3 April 1838

Stannard v. Young, Pratt, and JS, Geauga Co., OH, Court of Common Pleas, 3 April 1838

Wright v. Rigdon, JS, Cowdery, Whitney, and Johnson, Geauga Co., OH, Court of Common Pleas, ca. 3 April 1838

L. Holmes and C. Holmes v. JS and Cahoon, Geauga Co., OH, Court of Common Pleas, ca. 3 April 1838

M. Allen v. O. Granger, Geauga Co., OH, Court of Common Pleas, 4 June 1838

Bailey & Reynolds v. Rigdon, JS, H. Smith, Bosley, and Johnson, Geauga Co., OH, Court of Common Pleas, 12 June 1838

Stannard v. Young and JS, Geauga Co., OH, Court of Common Pleas, 3 October 1838

Underwood, Bald, Spencer & Hufty v. Rigdon et al., Geauga Co., OH, Court of Common Pleas, 16 April 1839

Halsted, Haines & Co. v. O. Granger et al., Geauga Co., OH, Court of Common Pleas, ca. 16 April 1839

Boosinger v. JS, O. Cowdery, Rigdon, and H. Smith, Caldwell Co., MO, Circuit Court, 10 November 1839

Boosinger v. O. Cowdery, JS, and H. Smith, Caldwell Co., MO, Circuit Court, 12 November 1839

Scribner v. Rigdon, Smith & Co., Geauga Co., OH, Court of Common Pleas, ca. 20 October 1840

Hibbard for the use of Hungerford & Livingston v. Miller and JS, Hancock Co., IL, Circuit Court, 8 May 1841

Sweeney v. Miller, JS, H. Smith, and Haws, Hancock Co., IL, Circuit Court, 5 May 1842

United States v. Haws, H. W. Miller, G. Miller, JS, and H. Smith, U. S. District Court for the District of Illinois, Springfield, IL, 11 June 1842

W. Schwartz, Edward Schwartz Jr., I. Schwartz, Eliza Schwartz, Horatio Schwartz, J. Schwartz, Hiram Schwartz, and Elizabeth Schwartz v. JS, Hancock Co., IL, Circuit Court, ca. October 1843, not litigated

Bump Administrator of the Estate of Stannard v. Young and JS, Geauga Co., OH, Court of Common Pleas, ca. 4 October 1842

Clayton v. E. W. Rhodes, O. Rhodes, Alonzo Rhodes, Alvin Rhodes, W. Rhodes, R. Rhodes, Helen Rhodes, JS, and Hugh Rhodes, Administrator of the Estate of E. Rhodes, Hancock Co., IL, Circuit Court, in Chancery, 21 October 1843

Russell v. JS et al., Geauga Co., OH, Court of Common Pleas, in Chancery, 18 March 1844

Bostwick v. JS and Greene, Hancock Co., IL, Circuit Court, 20 May 1844

F. M. Higbee v. JS–A, Hancock Co., IL, Circuit Court, 23 May 1844

Bostwick v. JS, Hancock Co., IL, Circuit Court, in Chancery, 27 May 1844

C. A. Foster v. JS and Coolidge, McDonough Co., IL, Circuit Court, 27 August 1844

F. M. Higbee v. JS–B, McDonough Co., IL, Circuit Court, 27 August 1844

Sympson v. JS, McDonough Co., IL, Circuit Court, 27 August 1844

Davis v. JS, Spencer, and Greene, Hancock Co., IL, Circuit Court, 21 October 1844

JS as Witness

Joseph Smith Sr. v. J. Hurlbut, Ontario Co., NY, Court of Common Pleas, ca. August 1819

Fisher v. Stratton, Kirtland Township, OH, Justice of the Peace Court, 29 June 1837

J. Johnson v. Remonstrants, Geauga Co., OH, Court of Common Pleas, 5 April 1834

Singley v. Rigdon, Hancock Co., IL, Circuit Court, 6 May 1841

Robinson v. C. Granger, Hancock Co., IL, Circuit Court, 6 May 1842

R. D. Foster v. Hawn, Nauvoo, IL, Justice of the Peace Court, 15 January 1844

Niswanger v. Wight and Jett, Hancock Co., IL, Circuit Court, 23 May 1844

JS as Third Party

Wilder and Strong v. Rounds, Kirtland Township, OH, Justice of the Peace Court, 18 January 1838

Niswanger v. Greene, Nauvoo, IL, Justice of the Peace Court, 18 December 1840

Gray v. A. Allen, Hancock Co., IL, Circuit Court, 10 May 1841

1
Mann, Neighbors and Strangers, 29–30.
Mann, Bruce H. Neighbors and Strangers: Law and Community in Early Connecticut. Chapel Hill: University of North Carolina Press, 1987.
2
Hoffer, Law and People in Colonial America, 98; Friedman, History of American Law, 294.
Hoffer, Peter Charles. Law and People in Colonial America. 2nd ed. Baltimore: Johns Hopkins University Press, 2019.
Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.
3
Friedman, History of American Law, 97; An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, p. 1744, sec. 1; An Act concerning Justices of the Peace and Constables [1 June 1827], Public and General Statute Laws of the State of Illinois, p. 402, sec. 1.
Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.
The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.
The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.
4
Introduction to Joseph Smith Sr. v. J. Hurlbut; Introduction to George H. Noble & Co. v. JS; Introduction to D. Lake v. JS; Introduction to M. Allen v. O. Granger; Introduction to Hibbard for the use of Hungerford & Livingston v. Miller and JS; Introduction to Robinson v. C. Granger; Introduction to Niswanger v. Wight and Jett.
5
Pennsylvania Constitution of 1790, art. 5, sec. 4; An Act concerning the Courts of Common Pleas and General Sessions of the Peace in the Several Counties of this State [5 Apr. 1813], Laws of the State of New-York, vol. 2, p. 141, sec. 1; Ohio Constitution of 1802, art. 3, sec. 3; An Act to Establish Judicial Districts and Circuits, and Prescribe the Times and Places of Holding Courts [17 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 163, sec. 15; An Act to Establish Circuit Courts [23 Feb. 1841], Laws of the State of Illinois [1840–1841], pp. 103–105, 108, secs. 1, 4, 9, 18.
Pennsylvania Constitution, 1790. Basic Documents of Pennsylvania Including Proprietary Charters and Deeds, Indian Deeds, and State Constitutions 1681–1873. Pennsylvania State Archives.
Laws of the State of New-York, Revised and Passed at the Thirty-Sixth Session of the Legislature, With Marginal Notes and References. 2 Vols. Albany: H. C. Southwick and Company, 1813.
Ohio Constitution, 1802. Ohio History Connection.
The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 2nd ed. St. Louis: Chambers and Knapp, 1840.
Laws of the State of Illinois, Passed by the Twelfth General Assembly, at Their Session, Began and Held at Springfield, on the Seventh of December, One Thousand Eight Hundred and Forty. Springfield, IL: William Walters, 1841.
6
Introduction to United States v. Haws et al.
7
Introduction to Joseph Smith Sr. v. J. Hurlbut.
8
Introduction to George H. Noble & Co. v. JS.
9
Revelation, 9 Feb. 1831 [D&C 42:30–39]; Revelation, 20 May 1831 [D&C 51:1–20]; Revelation, 26 Apr. 1832 [D&C 82:1–24]; Revelation, 8 July 1838 [D&C 119].
10
Introduction to Kirtland Mercantile Firms.
11
Introduction to the Kirtland Safety Society.
12
See Sellers, Market Revolution, 354–355; Lepler, Many Panics of 1837, 197–223; and Rousseau, “Jacksonian Monetary Policy, Specie Flows, and the Panic of 1837,” 457–488.
Sellers, Charles. The Market Revolution: Jacksonian America, 1815–1846. New York: Oxford University Press, 1991.
Lepler, Jessica M. The Many Panics of 1837: People, Politics and the Creation of a Transatlantic Financial Crisis. Cambridge: Cambridge University Press, 2013.
Rousseau, Peter L. “Jacksonian Monetary Policy, Specie Flows, and the Panic of 1837.” Journal of Economic History 62 (June 2002): 457–488.
13
Lepler, Many Panics of 1837, 225.
Lepler, Jessica M. The Many Panics of 1837: People, Politics and the Creation of a Transatlantic Financial Crisis. Cambridge: Cambridge University Press, 2013.
14
See Introduction to G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery; Introduction to Newbould v. Rigdon, Smith & Cowdery; and Introduction to L. Holmes and C. Holmes v. JS and Cahoon.
15
See Introduction to Millet for the Use of JS v. Woodstock; Introduction to Rigdon, Smith & Cowdery for the use of JS v. Woodworth; Introduction to Cahoon, Carter & Co. for the use of JS v. Avery; and Introduction to Cahoon, Carter & Co. for the use of JS v. Draper.
16
Introduction to Rounds qui tam v. JS.
17
Introduction to Ohio Agent Papers; Introduction to M. Allen v. O. Granger; Introduction to Halsted, Haines & Co. v. O. Granger et al.
18
Introduction to Miller et al. v. B. Holladay and W. Holladay; Introduction to Sweeney v. Miller et al.; Introduction to JS et al. v. C. B. Street and M. B. Street.
19
See Introduction to JS’s Bankruptcy.
20
Introduction to United States v. Haws et al.
21
Introduction to JS v. McLellin; Introduction to JS v. Hinkle (forthcoming); Introduction to JS v. Reynolds and Wilson.
22
Introduction to Bostwick v. JS and Greene; Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B; Introduction to C. A. Foster v. JS and Coolidge; Introduction to State of Illinois v. Sympson, Sympson v. JS, and State of Illinois v. JS for Perjury; Introduction to State of Illinois v. Finch, State of Illinois v. Finch on Habeas Corpus, and Davis v. JS et al.
23
Introduction to Millet for the use of JS v. Woodstock; Introduction to Rigdon, Smith & Cowdery for the use of JS v. Woodworth; Introduction to Cahoon, Carter & Co. for the use of JS v. Avery; Introduction to Cahoon, Carter & Co. for the use of JS v. Draper; Introduction to JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney; Introduction to JS v. Shearer; JS, Journal, 19 Aug. 1843; Docket Entry, Judgment, 29 Apr. 1842, JS v. Hinkle [Lee Co. Dist. Ct. 1842], Lee Co., IA, District Court Records, vol. 3, p. 173, microfilm 8545272, U.S. and Canada Record Collection, FHL; Introduction to JS v. Reynolds and Wilson.
U.S. and Canada Record Collection. FHL.
24
Introduction to JS for the use of J. Granger v. Smalling and Coltrin.
25
Introduction to JS v. McLellin; Introduction to Rigdon et al. for the use of L. Cowdery v. W. Smith; Introduction to Miller et al. v. B. Holladay and W. Holladay; JS, Journal, 24 May 1843; Introduction to JS v. Brotherton; Introduction to JS v. Reynolds and Wilson–B; Introduction to JS v. Emmons; Introduction to JS v. O. Cowdery; Introduction to Phelps Assignee of JS v. Wilson Law; Introduction to JS et al. v. C. B. Street and M. B. Street.
26
Introduction to George H. Noble & Co. v. JS; Introduction to Rounds qui tam v. JS; Introduction to Usher v. JS–A; Introduction to E. Holmes v. Dayton et al.; Introduction to G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery; Introduction to Kelley v. Rigdon, Smith & Cowdery; Introduction to C. Lake for the Use of Quinn v. Millet et al.; Introduction to Usher v. JS–B; Introduction to Eaton v. JS and O. Cowdery; Introduction to Foster Sr. v. Luke Johnson et al.; Introduction to Bump v. JS; Introduction to Bump v. S. Smith and JS; Introduction to M. Allen v. JS et al.; Introduction to W. W. Spencer v. Cahoon et al.; Introduction to Boynton and Hyde v. JS; Introduction to Wright v. Rigdon et al.; Introduction to L. Holmes and C. Holmes v. JS and Cahoon; Introduction to Stannard v. Young and JS; Introduction to Underwood, Bald, Spencer & Hufty v. Rigdon et al.; Introduction to Halsted, Haines & Co. v. O. Granger et al.; Introduction to Boosinger v. JS et al.; Introduction to Boosinger v. O. Cowdery et al.; Introduction to Scribner v. Rigdon, Smith & Cowdery; Introduction to Hibbard for the use of Hungerford & Livingston v. Miller and JS; Introduction to Sweeney v. Miller et al.; Introduction to United States v. Haws et al.; Introduction to Bump Administrator of the Estate of Stannard v. Young and JS; Introduction to Clayton v. E. W. Rhodes et al.; Introduction to Russell v. JS et al.
27
Introduction to Martindale v. JS et al.; Introduction to Bank of Geauga v. JS et al.; Introduction to Commercial Bank of Lake Erie v. Cahoon et al.; Introduction to Stannard v. Young et al.; Introduction to Bailey & Reynolds v. Rigdon et al.; Introduction to D. Lake v. JS; Introduction to Bailey, Keeler & Remsen v. Smith & Cowdery; Introduction to Newbould v. Rigdon, Smith & Cowdery; Introduction to Seymour & Griffith v. Rigdon and JS; Introduction to Barker for the use of Bump v. JS and O. Cowdery; Introduction to M. Allen v. O. Granger; Introduction to W. Schwartz et al. v. JS; Introduction to Bostwick v. JS and Greene; Introduction to F. M. Higbee v. JS–A; Introduction to Bostwick v. JS; Introduction to C. A. Foster v. JS and Coolidge; Introduction to F. M. Higbee v. JS–B; Introduction to Sympson v. JS; Introduction to Davis v. JS et al.
28
In May 1841, JS initiated a civil suit to recover damages from former Latter-day Saint George M. Hinkle for allegedly taking some of JS’s property in Far West, Missouri. On 29 April 1842, a jury ruled in JS’s favor, awarding him $200. (Praecipe, 14 May 1841, JS v. Hinkle [Lee Co. Dist. Ct. 1842], Lee Co., IA, Docket Papers, CHL; Docket Entry, Judgment, 29 Apr. 1842, JS v. Hinkle [Lee Co. Dist. Ct. 1842], Lee Co., IA, District Court Records, vol. 3, p. 173, microfilm 8545272, U.S. and Canada Record Collection, FHL.)
JS v. George M. Hinkle / Lee County, Iowa Territory, District Court. Joseph Smith v. George M. Hinkle, 1841–1842. CHL.
U.S. and Canada Record Collection. FHL.
29
JS had acquired rights under Illinois statute to operate a ferry in 1841. In 1843, Samuel Fuller began running a competing ferry, leading JS to take legal action against him. Illinois law allowed ferry rights owners to either seize the boat of an unauthorized competitor or, through a local justice of the peace, require the unlicensed competitor to pay the rights owner a fee of $15 per person ferried. The justice of the peace was required to give the unlicensed offender five days’ notice of proceedings against him. JS’s journal entry for 19 May 1843 stated, “gave a warrant agai[n]st Samu[e]l Fuller for running a boat on the Ferry.” It is unclear if this warrant was issued by JS or by another justice of the peace at JS’s request. The warrant apparently was not served. On 20 May, JS “called at court room on case of Samuel Fuller,” but the court adjourned before rendering a decision. On 24 May, the case against Fuller was nonsuited on the grounds that no notice was given to him of the proceedings. The Nauvoo City Council passed an ordinance on 1 June 1843 that incorporated language from the state statute and that granted JS exclusive rights to operate a ferry around Nauvoo. Because the documents for this case are apparently not extant, it is not introduced or featured on the website. (An Act to Provide for the Establishment of Ferries [12 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 308, sec. 11; JS, Journal, 19–21 and 24 May 1843; Ordinance, 1 June 1843.)
The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.
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On 17 August 1843, JS’s journal stated that he “issued out a capias befor Alde[r]man [George W.] Harris. vs A. La Forest,” a performer who earlier that week had been doing feats or “exhibition[s] of streng[t]h,” which apparently included lifting “cannon Anvils &c.” The nature of the dispute is unclear but may have been due to La Forest not having paid for the use of the upper room in JS’s store, for which JS had previously charged $2. La Forest “was brought to cou[r]t room & left $5. to s[e]cure for use of room till morning.” On 19 August, Willard Richards noted in JS’s journal that JS “gave him [Richards] $4.00 left as security by [A.] La. Forest. LaForest left in the night.— leaving the cannon &c in the store.” Because the documents for this case are apparently not extant, it is not introduced or featured on the website. (JS, Journal, 10 May 1843; 15–17 and 19 Aug. 1843.)

Joseph Smith and Civil Litigation

Request for Documents