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Introduction to Rigdon et al. for the use of L. Cowdery v. W. Smith Attachment, 17 May 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith] Transcript of Proceedings, circa 12 November 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith] Docket Entry, Costs, circa 12 November 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith]

Introduction to Rigdon et al. for the use of L. Cowdery v. W. Smith

Page

Rigdon, JS, O. Cowdery, and H. Smith for the use of L. Cowdery v. W. Smith
Geauga Co., Ohio, Court of Common Pleas, 12 November 1839
 
Historical Introduction
On 17 May 1839, a writ of
attachment

The legal process of seizing the property of a defendant, in whatever hands the same may be found, in order to ensure satisfaction of a judgment or to coerce the defendant into appearing in court and answering the plaintiff’s claim. In some jurisdictions,...

View Glossary
was issued against
William Smith

13 Mar. 1811–13 Nov. 1893. Farmer, newspaper editor. Born at Royalton, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Lebanon, Grafton Co., New Hampshire, 1811; to Norwich, Windsor Co., 1813; and to Palmyra, Ontario Co., New York, 1816...

View Full Bio
by the
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
, Ohio, Court of Common Pleas. The attachment initiated a lawsuit “
for the use of

“When a suit is brought in the name of one person for the use of another, the only object of naming the assignee in the suit, is to show who controls (or actually owns) the suit, and to whom the officer may pay over the avails of the judgement.”

View Glossary
,” or on behalf of,
Lyman Cowdery

12 Mar. 1802–22 Apr. 1881. Lawyer, probate judge. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Older brother of Oliver Cowdery. Married Eliza Alexander, 20 Apr. 1825. Served as probate judge in Ontario Co., NY, mid-1830s...

View Full Bio
to collect money from Smith, who was indebted to two
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
mercantile firms,
H. Smith & Co.

A mercantile company created and run by Hyrum Smith. It is unclear when Smith started the business. An extant daybook and ledger for the company indicate that he sold goods between July and November 1836. It is not clear if Smith operated an independent store...

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(operated by
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
) and
Rigdon, Smith & Cowdery

A mercantile partnership composed of Sidney Rigdon, JS, and Oliver Cowdery, likely formed in June 1836. The partnership purchased wholesale goods on credit, using promissory notes, from merchants in Buffalo, New York, in June 1836. In September 1836, the ...

View Glossary
(operated by
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
, JS, and
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

View Full Bio
).
1

Attachment, 17 May 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith]. This type of attachment was used when the debtor had either “absconded to the injury of his creditors” or was “not a resident of the state.” By 1839, William Smith was no longer living in Ohio. (An Act Allowing and Regulating Writs of Attachment [17 Jan. 1824], Statutes of Ohio, vol. 2, p. 1321, sec. 1; Letter from Don Carlos Smith, ca. Late May 1838.)


Comprehensive Works Cited

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.

According to court documents, the plaintiffs’ attorneys filed the suit as an
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
action and claimed $2,000 in damages, meaning that William Smith’s unpaid debt was likely between $1,000 and $2,000.
2

Attachment, 17 May 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith]. The actual amount of the debt is unknown, as plaintiffs typically pleaded “any sum sufficient to cover the real demand.” (Swan, Practice in Civil Actions and Proceedings at Law, 1:216.)


Comprehensive Works Cited

Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

The nature of the debt is unknown, as is the reason for the delay in litigation, since both firms had ceased operation by summer 1837.
At some point before May 1839, the debt was assigned to
Lyman Cowdery

12 Mar. 1802–22 Apr. 1881. Lawyer, probate judge. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Older brother of Oliver Cowdery. Married Eliza Alexander, 20 Apr. 1825. Served as probate judge in Ontario Co., NY, mid-1830s...

View Full Bio
.
3

Attachment, 17 May 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith].


Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

View Full Bio
, a younger brother of Lyman, may have made the assignment, as he was the only member of the mercantile firms present in
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
at the time.
4

Oliver Cowdery returned to the Kirtland area in late 1838. He studied law there through 1839. (Walker, “Oliver Cowdery’s Legal Practice in Tiffin, Ohio,” 304.)


Comprehensive Works Cited

Walker, Jeffrey N. “Oliver Cowdery’s Legal Practice in Tiffin, Ohio.” In Days Never to Be Forgotten: Oliver Cowdery, edited by Alexander L. Baugh, 295–325. Provo, UT: Religious Studies Center, Brigham Young University, 2009.

The other partners in the firms—JS,
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
, and
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
—resided in
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
in May 1839 and may have been unaware of the debt or the litigation to collect it.
5

See Woodruff, Journal, 18 May 1839.


Comprehensive Works Cited

Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

In May, the writ of
attachment

The legal process of seizing the property of a defendant, in whatever hands the same may be found, in order to ensure satisfaction of a judgment or to coerce the defendant into appearing in court and answering the plaintiff’s claim. In some jurisdictions,...

View Glossary
was issued to
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
sheriff
Abel 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...

View Full Bio
, who attempted to find land, goods, or chattels belonging to
William Smith

13 Mar. 1811–13 Nov. 1893. Farmer, newspaper editor. Born at Royalton, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Lebanon, Grafton Co., New Hampshire, 1811; to Norwich, Windsor Co., 1813; and to Palmyra, Ontario Co., New York, 1816...

View Full Bio
that he could seize in order to pay the debt. His efforts proved unsuccessful, and in the June 1839 term of court he returned the writ.
6

Transcript of Proceedings, ca. 12 Nov. 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith].


At the November 1839 term of court, the plaintiffs discontinued the suit due to a lack of property to pay the debt.
7

Transcript of Proceedings, ca. 12 Nov. 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith]; Hammond, Cases Decided in the Supreme Court of Ohio, 9:112; see also Swan, Practice in Civil Actions and Proceedings at Law, 2:1197.


Comprehensive Works Cited

Hammond, Charles. Cases Decided in the Supreme Court of Ohio, in Bank, at December Terms, 1833, 1834. Vol. 6. Cincinnati: Robert Clarke, 1872.

Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 

1839 (4)

May (1)

17 May 1839

Charles H. Foot, Attachment, to Geauga Co. Sheriff, Chardon, Geauga Co., OH

  • 17 May 1839. Not extant.
  • Ca. 12 Nov. 1839; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. X, pp. 146–147, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.

November (3)

Ca. 12 November 1839

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 12 Nov. 1839; Geauga County Court of Common Pleas, Common Pleas Record, vol. X, pp. 146–147, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
Ca. 12 November 1839

Docket Entry, Costs, Chardon, Geauga Co., OH

  • Ca. 12 Nov. 1839; Geauga County Court of Common Pleas, Execution Docket, vol. H, p. 238, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
Ca. 12 November 1839

Execution, Chardon, Geauga Co., OH

  • Ca. 12 Nov. 1839. Not extant.
    1

    See Transcript of Proceedings, ca. 12 Nov. 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith]. Although the transcript includes instruction for an execution to be issued, the execution is not recorded in the execution docket book.


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Editorial Title
Introduction to Rigdon et al. for the use of L. Cowdery v. W. Smith
ID #
17604
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Attachment, 17 May 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith]. This type of attachment was used when the debtor had either “absconded to the injury of his creditors” or was “not a resident of the state.” By 1839, William Smith was no longer living in Ohio. (An Act Allowing and Regulating Writs of Attachment [17 Jan. 1824], Statutes of Ohio, vol. 2, p. 1321, sec. 1; Letter from Don Carlos Smith, ca. Late May 1838.)

      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.

    2. [2]

      Attachment, 17 May 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith]. The actual amount of the debt is unknown, as plaintiffs typically pleaded “any sum sufficient to cover the real demand.” (Swan, Practice in Civil Actions and Proceedings at Law, 1:216.)

      Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

    3. [3]

      Attachment, 17 May 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith].

    4. [4]

      Oliver Cowdery returned to the Kirtland area in late 1838. He studied law there through 1839. (Walker, “Oliver Cowdery’s Legal Practice in Tiffin, Ohio,” 304.)

      Walker, Jeffrey N. “Oliver Cowdery’s Legal Practice in Tiffin, Ohio.” In Days Never to Be Forgotten: Oliver Cowdery, edited by Alexander L. Baugh, 295–325. Provo, UT: Religious Studies Center, Brigham Young University, 2009.

    5. [5]

      See Woodruff, Journal, 18 May 1839.

      Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

    6. [6]

      Transcript of Proceedings, ca. 12 Nov. 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith].

    7. [7]

      Transcript of Proceedings, ca. 12 Nov. 1839 [Rigdon et al. for the use of L. Cowdery v. W. Smith]; Hammond, Cases Decided in the Supreme Court of Ohio, 9:112; see also Swan, Practice in Civil Actions and Proceedings at Law, 2:1197.

      Hammond, Charles. Cases Decided in the Supreme Court of Ohio, in Bank, at December Terms, 1833, 1834. Vol. 6. Cincinnati: Robert Clarke, 1872.

      Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

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