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Introduction to Stannard v. Young and JS Praecipe, circa 13 June 1842 [Bump Administrator of the Estate of Stannard v. Young and JS] Scire Facias, 14 June 1842 [Bump Administrator of the Estate of Stannard v. Young and JS] Praecipe, circa 3 October 1842 [Bump Administrator of the Estate of Stannard v. Young and JS] Alias Scire Facias, 4 October 1842 [Bump Administrator of the Estate of Stannard v. Young and JS] Transcript of Proceedings, circa 4 October 1842 [Bump Administrator of the Estate of Stannard v. Young and JS] Docket Entry, Sheriff’s Return, between 9 November 1842 and circa 27 March 1843 [Bump Administrator of the Estate of Stannard v. Young and JS]

Transcript of Proceedings, circa 4 October 1842 [Bump Administrator of the Estate of 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. ...

More Info
, Geauga Co., OH, ca. 4 Oct. 1842, Bump Administrator of the Estate of Stannard v. Young and JS (Geauga Co., OH, Court of Common Pleas 1842); Geauga County Court of Common Pleas, Common Pleas Record, vol. AA, pp. 474–476; handwriting of John French; 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. Alias Scire Facias, 4 October 1842 [ Bump Administrator of the Estate of Stannard v. Young and JS ] Scire Facias, 14 June 1842 [ Bump Administrator of the Estate of Stannard v. Young and JS ] Praecipe, circa 3 October 1842 [ Bump Administrator of the Estate of Stannard v. Young and JS ] Praecipe, circa 13 June 1842 [ Bump Administrator of the Estate of Stannard v. Young and JS ] Transcript of Proceedings, circa 4 October 1842 [ Bump Administrator of the Estate of Stannard v. Young and JS ]

Page 475

and whereas the said Judgment still remains unsatisfied as we are informed by the said
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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. We therefore command you that you make known to the said
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 that they appear before the Judges of our said Court of Common Pleas, forthwith to show cause if any there be why the said
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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as such Administrator ought not to have
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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against them for the damages and costs aforesaid and further to do and receive what our said Court shall then and there consider of them in this behalf and have you then there this writ. 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 pro tem of said Court this 14th day of June A.D. 1842.—
D D Aiken 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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pro tem
By John French Dep—[”]
The foregoing writ was forthwith returned into Court by the
Sheriff

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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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 have made due and diligent search for the within named
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 Smith and cannot find them in my
bailiwick

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

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June 15th 1842.
Erastus Spencer

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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Shff—”
Whereupon it was ordered by the Court that this cause be continued until the next Term of said Court.— And now at this Term of said Court that is to say at the Term thereof first aforesaid 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 files his
precipee

“The written instructions given by an attorney or plaintiff to the clerk or prothonotary of a court, whose duty it is to make out the writ.”

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for an
alias

“Otherwise called”; a word that is “prefixed to the name of a second writ of the same kind issued in the same cause,” such as alias fieri facias.

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writ of
scire facias

A writ “founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the advantage of such record.” Examples of its use were to revive a judgment not yet executed, “in order to give an opportunity to the defendant ...

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against said defendants 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]
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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Administrator of the Estate of Claudius Stannard decd.)
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)
Court of Common Pleas October Term A.D. 1842.—
In Debt on Judgment Damages $400 Clerk will issue an Alias
Scire Facias

A writ “founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the advantage of such record.” Examples of its use were to revive a judgment not yet executed, “in order to give an opportunity to the defendant ...

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, returnable forthwith endorse suit brought to revive Judgment in favor of the
Administrator

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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. Amount claimed to be due three hundred and fifty dollars.—
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...

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Pl[ainti]ff

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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s Att[orne]y—”
Whereupon an Alias writ of
Scire Facias

A writ “founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the advantage of such record.” Examples of its use were to revive a judgment not yet executed, “in order to give an opportunity to the defendant ...

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was issued by the Clerk of said Court 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
2

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


To the Sheriff 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:—
Whereas Claudius Stannard on the third day of April A.D. 1838 in our 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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recovered a Judgment 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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& Joseph Smith Junior in a certain action 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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for the sum of two hundred fifty six dollars and forty cents damages and nine dollars and eighty three cents costs amounting in all to two hundred sixty six dollars and twenty three cents, and whereas afterwards and before execution thereupon had the said Claudius Stannard died intestate, after whose death letters of Administration were granted in due form of law to
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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, and whereas the said Judgment still remains unsatisfied as we are informed by the said
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...

View Full Bio
. We therefore command you as before that you make known to the said
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
and Joseph Smith Junior that they appear before the Judges of our said Court of Common Pleas forthwith to show cause if any there be why the said
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...

View Full Bio
as such Administrator might not to have execution against them for the damages and costs aforesaid: And further to do and receive what our said Court shall then and there consider of them in this behalf. And have you then there this writ. Witness [p. 475]
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Source Note

Document Transcript

Page 475

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 4 October 1842 [Bump Administrator of the Estate of Stannard v. Young and JS]
ID #
4525
Total Pages
3
Print Volume Location
Handwriting on This Page
  • John French

Footnotes

  1. [2]

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

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