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Introduction to Stannard v. Young and JS Summons, 28 October 1837 [Stannard v. Young and JS] Declaration, circa 4 December 1837 [Stannard v. Young and JS] Docket Entry, Judgment, 3 April 1838 [Stannard v. Young and JS] Docket Entry, Costs, circa 3 April 1838 [Stannard v. Young and JS] Transcript of Proceedings, circa 3 April 1838 [Stannard v. Young and JS]

Transcript of Proceedings, circa 3 April 1838 [Stannard v. Young and JS]

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. 3 Apr. 1838, Stannard v. Young and JS (Geauga Co., OH, Court of Common Pleas 1838); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 585–586; unidentified handwriting; 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 Stannard v. Young and JS.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Summons, 28 October 1837 [ Stannard v. Young and JS ] Declaration, circa 4 December 1837 [ Stannard v. Young and JS ]
Transcript of Proceedings, circa 3 April 1838 [ Stannard v. Young and JS ]

Page 585

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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and 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 third day of April in the year of our Lord one thousand eight hundred and thirty eight Be it remembered that heretofore to wit at the October term of said Court in the year of our Lord One thousand eight hundred and thirty seven Claudius Stannard sued out of the office of the
Clerk

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...

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of said Court a writ of summons against
Brigham Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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and Joseph Smith Junior 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...

More Info
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 that you summon
Brigham Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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and Joseph Smith Junior to appear forthwith before our Court of Common Pleas for 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
now sitting 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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to answer unto Claudius Stan[n]ard in a plea of
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.”

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to his damage five hundred dollars as is said Herein fail not, but of this writ and your service make due return Witness
D[avid] 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...

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Clerk of 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 28th. day of October AD 1837 C[harles] H Foot Dep Clerk—[”]
Upon which writ was endorsed the following <​endorsment​>

Insertion in handwriting of David D. Aiken.


certificate to wit:—
“Suit brot. on promissary note given by def[endan]ts to plaintiff for the sum of $235.50 dated October 11 1836. Also for goods sold and delivered amount appearing to be due $250—”
The foregoing writ was forthwith returned into Court 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...

More Info
ss)
I have executed this writ by copy on each defendant Nov 1. 1837
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 Sh[eri]ff. J A Tracy Deputy”—
And thereupon it was ordered by the Court that this Cause be continued until the next term of said Court—
Afterwards to wit on the fourth day of December in the year of Our Lord one thousand eight hundred and thirty seven the plaintiff by his
Attorney

14 May 1805–21 Jan. 1905. Lawyer, judge. Born in Lima, Ontario Co., New York. Son of James Sterling and Mabel Chester. Married Ellen Elizabeth Allen Sterling, 1 Nov. 1835. Moved to Willoughby, Lake Co., Ohio, before 1837. Admitted to the bar, 1837. Attorney...

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filed a declaration with the
Clerk

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
aforesaid in the words and figures following to wit:—
“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...

More Info
ss [scilicet])
Claudius Stan[n]ard)
vs.)
Brigham Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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&)
Joseph Smith Junior)
Court of Common Pleas
Vacation

“Period of time between the end of one term [of court] and beginning of another.”

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after October Term AD 1837. Declaration in
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
—
Claudius Stanard complains of
Brigham Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

View Full Bio
& Joseph Smith Jr. in a plea of
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
for that whereas the said defendants on the eleventh day of October AD 1836. 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...

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in said 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...

More Info
made their promissary note in writing and delivered the same to the plaintiff [p. 585]
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Source Note

Document Transcript

Page 585

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 3 April 1838 [Stannard v. Young and JS]
ID #
5489
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Unidentified
  • David D. Aiken

Footnotes

  1. [1]

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

  2. new scribe logo

    Insertion in handwriting of David D. Aiken.

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