Introduction to Bump v. JS

Document Transcript

Bump v. JS
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, circa 1 January 1838
 
Historical Introduction
On 11 April 1837, JS borrowed $854.28 from , a church member in , Ohio. The nature and purpose of this transaction are unknown. paid $300 on the note nine days after its creation, and an additional $375 was paid on 26 April. At some point, the note was apparently transferred to . On 1 January 1838, a further payment of $25 was made, leaving approximately $150 outstanding on the original note. The same day the $25 payment was made, Bump gave an oath against JS for the unpaid amount. In response, Justice of the Peace issued a for JS’s arrest to constable , who noted in his return that he took the defendant into custody. Both Bump and JS were present at the trial, which presumably was held either on 1 January or soon after. Cowdery rendered judgment on the note for $100 plus $1.09 costs. Cowdery subsequently issued an execution to Constable Johnson, who obtained property valued at $100.99 for the judgment, leaving ten cents unpaid.
 
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.

Footnotes

  1. 1

    Docket Entry, ca. 1 Jan. 1838 [Bump v. JS]; “Cepi,” in Bouvier, Law Dictionary, 1:161. When a summons was not the first process in an action, the law allowed a capias to be issued “where it shall be proven on oath or affirmation, to the satisfaction of the justice, that the plaintiff will be in danger of losing his or her debt, or demand, unless the defendant shall be arrested.” It does not appear that the oath preceding the capias had to be written. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, p. 1745, sec. 11.)  

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

    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

    Docket Entry, ca. 1 Jan. 1838 [Bump v. JS]. The discrepancy between the remaining debt and the rendered judgment in this case suggests either that further payments occurred on the debt than what was recorded on the back of the promissory note and in Cowdery’s docket, or that justice Cowdery gave the maximum judgment allowed within jurisdictional limits. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, p. 1744, sec. 1.)  

    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.

  3. 3

    Docket Entry, ca. 1 Jan. 1838 [Bump v. JS].