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Introduction to Allen v. Granger

Allen v. Granger
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 5 February 1838
 
Allen v. Granger
Geauga Co., Ohio, Court of Common Pleas, 4 June 1838
 
Historical Introduction
On 8 August 1837, , Ohio, justice of the peace awarded Matthew Allen claims for a debt of twenty-three dollars against JS, , , , , and as partners in the Kirtland Steam Company (see Introduction to Allen v. JS et al.). Eight days later, became surety for the defendants, thereby obtaining a stay of execution and acquiring responsibility for both the debt and court costs if JS and the others did not pay. By January 1838 only $14.66 had been collected on the judgment, and the debt therefore fell to Granger, who was then summoned to court. After hearing the testimony of several witnesses on 3 February 1838, justice of the peace rendered judgment against Granger on 5 February, ordering him to pay the balance of the debt and $4.27 in court costs. Granger and posted a fifty-dollar bond against the judgment on 13 February while Granger appealed the decision to the court of common pleas.
On 4 May, Allen’s attorney filed a declaration on his behalf before the court. In the document, Allen averred that justice of the peace had issued an execution to constable to recover the money from the defendants but that he had recovered none of the debt. Allen was probably referring to the execution issued by that Johnson returned on 24 January, even though Johnson returned that execution endorsed for a partial payment of $9.25 of the debt. ’s attorneys filed a plea on his behalf on 12 May, denying that he owed Allen the money claimed. For unknown reasons, Allen discontinued the suit, and the court required him to pay court costs for himself and for Granger.
 
Calendar of Documents
Allen v. Granger (Justice of the Peace Court)
Ca. 8 January 1838 Oliver Granger, Bond, Kirtland Township, Geauga Co., OH
16 Aug. 1837. Not extant.
 
8 August 1837 Warren A. Cowdery, Execution, to Luke Johnson, Kirtland Township, Geauga Co., OH
Ca. 8 Jan. 1838. Not extant.
 
24 January 1838 Warren A. Cowdery, Writ of Scire Facias, to Oliver Granger, Kirtland Township, Geauga Co., OH
24 Jan. 1838. Not extant.
 
29 January 1838 Oliver Granger, Praecipe, to Luke Johnson and Others, Kirtland Township, Geauga Co., OH
29 Jan. 1838. Not extant.
 
1 February 1838 Warren A. Cowdery, Subpoena, to Luke Johnson and Others, Kirtland Township, Geauga Co., OH
1 Feb. 1838. Not extant.
 
Ca. 2 February 1838 Warren A. Cowdery, Subpoena, to William Marks and Cyrus Smalling, Kirtland Township, Geauga Co., OH
Ca. 2 Feb. 1838. Not extant.
 
Ca. 5 February 1838 Docket Entry, Kirtland Township, Geauga Co., OH
Ca. 5 Feb. 1838; Cowdery, Docket Book, 358; handwriting of Warren A. Cowdery; notations in handwriting of Warren A. Cowdery.
Ca. Apr. 1838. Not extant.
Ca. 4 June 1838; in Transcript of Proceedings, Court of Common Pleas Record, vol. V, p. 147, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
13 February 1838 Oliver Granger and William Marks, Bond, to Warren A. Cowdery, Kirtland Township, Geauga Co., OH
13 Feb. 1838; Cowdery, Docket Book, inserted slip of paper attached to p. 358; handwriting of Warren A. Cowdery; signatures of Oliver Granger and William Marks; certified by Warren A. Cowdery.
13 Feb. 1838. Not extant.
Ca. 4 June 1838; in Transcript of Proceedings, Court of Common Pleas Record, vol. V, pp. 147–148, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
Allen v. Granger (Court of Common Pleas)
Ca. 4 May 1838 Matthew Allen, Declaration, Kirtland Township, Geauga Co., OH
Ca. 4 May 1838. Not extant.
Ca. 4 June 1838; in Transcript of Proceedings, Court of Common Pleas Record, vol. V, p. 148, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
Ca. 12 May 1838 Oliver Granger, Plea, Kirtland Township, Geauga Co., OH
Ca. 12 May 1838. Not extant.
Ca. 4 June 1838; in Transcript of Proceedings, Court of Common Pleas Record, vol. V, p. 148, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
Ca. 4 June 1838 Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 4 Jun. 1838; Court of Common Pleas Record, vol. V, pp. 147–149, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; possible signature of Van R. Humphrey.
 
Ca. 4 June 1838 Docket Entry, Case Costs, Chardon, Geauga Co., OH
Ca. 4 June. 1838; Court of Common Pleas, Execution Docket G, p. 481, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
Allen v. Granger
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 5 February 1838
 
Allen v. Granger
Geauga Co., Ohio, Court of Common Pleas, 4 June 1838
 
Historical Introduction
On 8 August 1837, , Ohio, justice of the peace awarded Matthew Allen claims for a debt of twenty-three dollars against JS, , , , , and as partners in the Kirtland Steam Company (see Introduction to Allen v. JS et al.). Eight days later, became surety for the defendants, thereby obtaining a stay of execution and acquiring responsibility for both the debt and court costs if JS and the others did not pay. By January 1838 only $14.66 had been collected on the judgment, and the debt therefore fell to Granger, who was then summoned to court. After hearing the testimony of several witnesses on 3 February 1838, justice of the peace rendered judgment against Granger on 5 February, ordering him to pay the balance of the debt and $4.27 in court costs. Granger and posted a fifty-dollar bond against the judgment on 13 February while Granger appealed the decision to the court of common pleas.
On 4 May, Allen’s attorney filed a declaration on his behalf before the court. In the document, Allen averred that justice of the peace had issued an execution to constable to recover the money from the defendants but that he had recovered none of the debt. Allen was probably referring to the execution issued by that Johnson returned on 24 January, even though Johnson returned that execution endorsed for a partial payment of $9.25 of the debt. ’s attorneys filed a plea on his behalf on 12 May, denying that he owed Allen the money claimed. For unknown reasons, Allen discontinued the suit, and the court required him to pay court costs for himself and for Granger.
 
Calendar of Documents
Allen v. Granger (Justice of the Peace Court)
Ca. 8 January 1838 Oliver Granger, Bond, Kirtland Township, Geauga Co., OH
16 Aug. 1837. Not extant.
 
8 August 1837 Warren A. Cowdery, Execution, to Luke Johnson, Kirtland Township, Geauga Co., OH
Ca. 8 Jan. 1838. Not extant.
 
24 January 1838 Warren A. Cowdery, Writ of Scire Facias, to Oliver Granger, Kirtland Township, Geauga Co., OH
24 Jan. 1838. Not extant.
 
29 January 1838 Oliver Granger, Praecipe, to Luke Johnson and Others, Kirtland Township, Geauga Co., OH
29 Jan. 1838. Not extant.
 
1 February 1838 Warren A. Cowdery, Subpoena, to Luke Johnson and Others, Kirtland Township, Geauga Co., OH
1 Feb. 1838. Not extant.
 
Ca. 2 February 1838 Warren A. Cowdery, Subpoena, to William Marks and Cyrus Smalling, Kirtland Township, Geauga Co., OH
Ca. 2 Feb. 1838. Not extant.
 
Ca. 5 February 1838 Docket Entry, Kirtland Township, Geauga Co., OH
Ca. 5 Feb. 1838; Cowdery, Docket Book, 358; handwriting of Warren A. Cowdery; notations in handwriting of Warren A. Cowdery.
Ca. Apr. 1838. Not extant.
Ca. 4 June 1838; in Transcript of Proceedings, Court of Common Pleas Record, vol. V, p. 147, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
13 February 1838 Oliver Granger and William Marks, Bond, to Warren A. Cowdery, Kirtland Township, Geauga Co., OH
13 Feb. 1838; Cowdery, Docket Book, inserted slip of paper attached to p. 358; handwriting of Warren A. Cowdery; signatures of Oliver Granger and William Marks; certified by Warren A. Cowdery.
13 Feb. 1838. Not extant.
Ca. 4 June 1838; in Transcript of Proceedings, Court of Common Pleas Record, vol. V, pp. 147–148, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
Allen v. Granger (Court of Common Pleas)
Ca. 4 May 1838 Matthew Allen, Declaration, Kirtland Township, Geauga Co., OH
Ca. 4 May 1838. Not extant.
Ca. 4 June 1838; in Transcript of Proceedings, Court of Common Pleas Record, vol. V, p. 148, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
Ca. 12 May 1838 Oliver Granger, Plea, Kirtland Township, Geauga Co., OH
Ca. 12 May 1838. Not extant.
Ca. 4 June 1838; in Transcript of Proceedings, Court of Common Pleas Record, vol. V, p. 148, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
Ca. 4 June 1838 Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 4 Jun. 1838; Court of Common Pleas Record, vol. V, pp. 147–149, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; possible signature of Van R. Humphrey.
 
Ca. 4 June 1838 Docket Entry, Case Costs, Chardon, Geauga Co., OH
Ca. 4 June. 1838; Court of Common Pleas, Execution Docket G, p. 481, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.