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Introduction to Barker for the use of Bump v. JS and O. Cowdery Promissory Note to William Barker, 7 July 1836 Capias ad Respondendum, 26 July 1837 [Barker for the use of Bump v. JS and O. Cowdery] Docket Entry, Costs, circa 24 October 1837 [Barker for the use of Bump v. JS and O. Cowdery] Transcript of Proceedings, circa 24 October 1837 [Barker for the use of Bump v. JS and O. Cowdery]

Transcript of Proceedings, circa 24 October 1837 [Barker for the use of Bump v. JS and O. Cowdery]

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. 24 Oct. 1837, Barker for the use of Bump v. JS and O. Cowdery (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 237; handwriting of Charles H. Foot; 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.

Historical Introduction

See Introduction to Barker for the use of Bump v. JS and O. Cowdery.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Promissory Note to William Barker, 7 July 1836 Capias ad Respondendum, 26 July 1837 [ Barker for the use of Bump v. JS and O. Cowdery ]
Transcript of Proceedings, circa 24 October 1837 [ Barker for the use of Bump v. JS and O. Cowdery ]

Page 237

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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in the State of
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

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, on the twenty fourth day of October in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered, that heretofore to wit, on the twenty sixth day of July in the year of our Lord one thousand eight hundred and thirty seven,
William Barker

27 Sept. 1796–24 Jan. 1882. Farmer. Born in Massachusetts. Son of Caleb Barker and Sarah Eddy. Moved to Hoosick, Rensselaer Co., New York, by 1800. Married Sylvia McFarline. Moved to Granville, Washington Co., New York, by 1830. Moved to Kirtland, Geauga ...

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for the use of
Jacob Bump

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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by Hitchcock & Wilder his attorneys, sued out of the office of the Clerk of said court, a writ of Capias against Joseph Smith Jr. 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...

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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...

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ss. [scilicet])
Seal
1

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


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:— We command you to take Joseph Smith Jr. 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...

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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 court of common pleas for 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...

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aforesaid, 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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, on the twenty fourth day of October next to answer unto
William Barker

27 Sept. 1796–24 Jan. 1882. Farmer. Born in Massachusetts. Son of Caleb Barker and Sarah Eddy. Moved to Hoosick, Rensselaer Co., New York, by 1800. Married Sylvia McFarline. Moved to Granville, Washington Co., New York, by 1830. Moved to Kirtland, Geauga ...

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for the use of
Jacob Bump

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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in a plea of assumpsit; damages one thousand dollars: and have you then there this writ. 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 our 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 26th. day of July A.D. 1837.
C[harles] H. Foot Dep. Clerk.”
Upon which Writ was the following endorsment to wit:
“Suit brought on note given by defendants to
plaintiff

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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of which the following is a copy
“
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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Ohio July 7. 1836 for value received we promise to pay
William Barker

27 Sept. 1796–24 Jan. 1882. Farmer. Born in Massachusetts. Son of Caleb Barker and Sarah Eddy. Moved to Hoosick, Rensselaer Co., New York, by 1800. Married Sylvia McFarline. Moved to Granville, Washington Co., New York, by 1830. Moved to Kirtland, Geauga ...

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or bearer six hundred one twenty one dollars and thirty two cents in money or land in the State of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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by the first of September next. (Signed) Joseph Smith Jr.
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...

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.”
Amount appearing due $214.34— Hold to Bail in the Sum of $428.68
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

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July 25, 1837.”
And now at this term of said court, that is to say, at the term thereof aforesaid, the foregoing Writ was 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.} I on this 27. day of July arrested the within named defts, and took J. Smith Jr.s Bail Bond with Anson Cook, William Earl &
V. Knights [Vinson Knight]

14 Mar. 1804–31 July 1842. Farmer, druggist, school warden. Born at Norwich, Hampshire Co., Massachusetts. Son of Rudolphus Knight and Rispah (Rizpah) Lee. Married Martha McBride, July 1826. Moved to Perrysburg, Cattaraugus Co., New York, by 1830. Owned farm...

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as sureties, conditioned that J. Smith Jr. appear before the court of com. at their next to be holden 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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and enter
Special Bail

“Persons who undertake generally that if the defendant be condemned in the action, he shall satisfy the debt, costs, and damages . . . or that they will do it for him.” A plaintiff could initiate a civil suit by summons, which simply notified the defendant...

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in the action—
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...

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was not found held to bail by order of
J. Bump

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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the plff. a copy of bond is herewith returned.
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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2d. Shff.”
And thereupon comes the said
plaintiff

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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and discontinues his suit— It is therefore considered by the court, that the defendants recover against the
plaintiff

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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, their costs and charges by them in and about the defending of this suit, in that behalf expended, taxed at one dollar and twenty seven cents— And it is ordered by the court that the
plaintiff

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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pay the costs and charges by him made in and about the prosecuting of this suit, taxed at four dollars and ninety two 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...

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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...

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Prest. [4 lines blank] [p. 237]
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Source Note

Document Transcript

Page 237

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 24 October 1837 [Barker for the use of Bump v. JS and O. Cowdery]
ID #
4465
Total Pages
1
Print Volume Location
Handwriting on This Page
  • Charles H. Foot
  • Van R. Humphrey

Footnotes

  1. [1]

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

  2. new scribe logo

    Signature presumably of Van R. Humphrey.

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