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Introduction to Joseph Smith Sr. v. J. Hurlbut Promissory Note, 27 March 1818 [Joseph Smith Sr. v. J. Hurlbut] List of Goods, between 10 May and circa August 1818 [Joseph Smith Sr. v. J. Hurlbut] List of Services, between circa 12 January and 6 February 1819 [Joseph Smith Sr. v. J. Hurlbut] Docket Entry, between 12 January and circa 6 February 1819 [Joseph Smith Sr. v. J. Hurlbut] Bond, 8 February 1819 [Joseph Smith Sr. v. J. Hurlbut] Capias ad Respondendum, 20 February 1819 [Joseph Smith Sr. v. J. Hurlbut] Statement of Issues, circa 26 June 1819 [Joseph Smith Sr. v. J. Hurlbut] Docket Entry, 31 July 1819 [Joseph Smith Sr. v. J. Hurlbut] Docket Entry, circa 19 August 1819, Draft [Joseph Smith Sr. v. J. Hurlbut] Docket Entry, circa 19 August 1819 [Joseph Smith Sr. v. J. Hurlbut]

Capias ad Respondendum, 20 February 1819 [Joseph Smith Sr. v. J. Hurlbut]

Source Note

Hugh McNair,
Capias ad Respondendum

Latin for “that you take until answer”; a writ commanding an officer to arrest a defendant to answer the plaintiff’s plea. A defendant arrested on this writ was committed to prison unless a bail bond was given. The amount of bail would be endorsed on the ...

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, to
Ontario Co.

Created from Montgomery Co., 27 Jan. 1789. Area settled, summer 1789. Named for Lake Ontario on northern border. Known as “Genesee country.” Area historically occupied by Seneca Indians. County seat, Canandaigua. Population in 1820 about 35,000. Population...

More Info
Sheriff [
Phineas Bates

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], for
Joseph Smith Sr.

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

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and
Alvin Smith

11 Feb. 1798–19 Nov. 1823. Farmer, carpenter. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; returned to Tunbridge, before May 1803. Moved to Royalton, Windsor Co., Vermont, 1804, and to...

View Full Bio
,
Ontario Co.

Created from Montgomery Co., 27 Jan. 1789. Area settled, summer 1789. Named for Lake Ontario on northern border. Known as “Genesee country.” Area historically occupied by Seneca Indians. County seat, Canandaigua. Population in 1820 about 35,000. Population...

More Info
, NY, 20 Feb. 1819, J. Hurlbut v. Joseph Smith Sr. and A. Smith (Ontario Co., NY, Court of Common Pleas 1819); printed form with manuscript additions in handwriting of Hugh McNair; docket by Hugh McNair, [
Ontario Co.

Created from Montgomery Co., 27 Jan. 1789. Area settled, summer 1789. Named for Lake Ontario on northern border. Known as “Genesee country.” Area historically occupied by Seneca Indians. County seat, Canandaigua. Population in 1820 about 35,000. Population...

More Info
, NY], [20 Feb. 1819]; notation by Hugh McNair, [ca. 20 Feb. 1819]; notation by
Phineas Bates

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and Asa Swift, [between 20 Feb. and ca. May 1819]; notation by unidentified scribe, 25 May 1819; two pages; Ontario County Records and Archives Center, Canandaigua, NY. Includes seal. Transcription from a digital color image made of the original in 2011.

Historical Introduction

See Introduction to Joseph Smith Sr. v. J. Hurlbut.

Page [1]

Ontario County

Created from Montgomery Co., 27 Jan. 1789. Area settled, summer 1789. Named for Lake Ontario on northern border. Known as “Genesee country.” Area historically occupied by Seneca Indians. County seat, Canandaigua. Population in 1820 about 35,000. Population...

More Info
. ss.
[scilicet]—The PEOPLE of the state of
New-York

Located in northeast region of U.S. Area settled by Dutch traders, 1620s; later governed by Britain, 1664–1776. Admitted to U.S. as state, 1788. Population in 1810 about 1,000,000; in 1820 about 1,400,000; in 1830 about 1,900,000; and in 1840 about 2,400,...

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, by the Grace of God
, Free and Independent—To our
Sheriff

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of our county of
Ontario

Created from Montgomery Co., 27 Jan. 1789. Area settled, summer 1789. Named for Lake Ontario on northern border. Known as “Genesee country.” Area historically occupied by Seneca Indians. County seat, Canandaigua. Population in 1820 about 35,000. Population...

More Info
, Greeting:
[seal]
1

TEXT: The official seal of the Ontario Co. clerk, adhered to the page with wax.


We command you to take
Joseph Smith [Sr.]

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

View Full Bio
&
Alvin Smith

11 Feb. 1798–19 Nov. 1823. Farmer, carpenter. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; returned to Tunbridge, before May 1803. Moved to Royalton, Windsor Co., Vermont, 1804, and to...

View Full Bio
if they may be found in your
bailiwick

The county or other district over which an arresting officer has jurisdiction.

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, and them safely keep, so that you have their bodies before our Judges and Assistant Justices, at our next Court of Common Pleas, to be holden at the Court-House in the town of
Canandaigua

Located in central part of county in west-central part of state. Area settled, by 1790. Population in 1830 about 5,200. Joseph Smith Sr. imprisoned for debt for thirty days at county seat of Canandaigua village, Oct.–Nov. 1830. W. W. Phelps and Brigham Young...

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, in and for our county of Ontario, on the third Tuesday of May next, to answer unto
Jeremiah Hurlburt [Hurlbut]

18 Feb. 1791–20 Aug. 1850. Farmer. Born in Wyoming Valley, Luzerne Co., Pennsylvania. Son of John Hurlburt and Hannah Millet. Moved to Palmyra, Ontario Co., New York. Married first Cynthia Harris, Jan. 1820. Married second Esther McIntyre. Moved to Brighton...

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in a plea of
trespass on the case

A legal writ that permits an individual to sue for damages for wrongs committed without force. This action is sometimes referred to as simply “case.” Trespass on the case was a broad category that encompassed more specific common law actions such as assumpsit...

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to his damage of one hundred and forty dollars
and have you then there this Writ—Witness, JOHN NICHOLAS, Nash Esquire, First Judge of our said Court, at
Canandaigua

Located in central part of county in west-central part of state. Area settled, by 1790. Population in 1830 about 5,200. Joseph Smith Sr. imprisoned for debt for thirty days at county seat of Canandaigua village, Oct.–Nov. 1830. W. W. Phelps and Brigham Young...

More Info
, the 20 7th day of Februa[r]y 1819.
Per Curiam. H[ugh] McNair Clerk.
F[rederick] Smith Attorney.
2

TEXT: Printed form ends.


[p. [1]]
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Document Information

Related Case Documents

Joseph Smith Sr. v. J. Hurlbut, circa August 1819

Editorial Title
Capias ad Respondendum, 20 February 1819 [Joseph Smith Sr. v. J. Hurlbut]
ID #
5693
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Printed text
  • Hugh McNair
  • Frederick Smith

Footnotes

  1. [1]

    TEXT: The official seal of the Ontario Co. clerk, adhered to the page with wax.

  2. [2]

    TEXT: Printed form ends.

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