Introduction to Rigdon, Smith & Cowdery for the use of JS v. Woodworth

Document Transcript

Rigdon, Smith & Cowdery for the use of JS v. Woodworth
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, circa 31 July 1837
 
Historical Introduction
On 19 September 1836, Eli Woodworth became indebted to the , Ohio, mercantile firm of for $5.88. He likely incurred the debt purchasing goods from the firm. The note was subsequently , who then sued Woodworth for payment. On 31 July 1837, Woodworth and an unidentified agent representing JS appeared before Justice of the Peace . Woodworth filed a with Cowdery that claimed that a lesser amount was owed based on a “book acc[ou]nt” for $3.50. Latter-day Saint William Tennet testified in support of Woodworth’s claim, explaining that Woodworth had worked for the plaintiff. After evaluating the evidence, the court ruled that Woodworth should pay $1.68 to the plaintiff plus costs of the suit.
 
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

    Promissory Note, 19 Sept. 1836 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth].  

  2. 2

    On 31 July, JS and Sidney Rigdon were visiting members of the church in Canada. Ohio law allowed justices of the peace to proceed with a hearing in the absence of a party as long as that party was represented by an agent. (See Historical Introduction to Notice, ca. Late Aug. 1837, in JSP, D5:418n282; 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. 1747, sec. 22.)  

    JSP, D5 / Rogers, Brent M., Elizabeth A. Kuehn, Christian K. Heimburger, Max H Parkin, Alexander L. Baugh, and Steven C. Harper, eds. Documents, Volume 5: October 1835–January 1838. Vol. 5 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.

    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. 31 July 1837 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth]. Cowdery’s docket book notes that they appeared “without process,” meaning that the parties bypassed preliminary legal proceedings, such as the court issuing a summons for the defendant to appear. (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. 1747, sec. 29.)  

    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.

  4. 4

    Docket Entry, ca. 31 July 1837 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth]. Woodworth was required to file his bill of particulars before he was able to submit evidence that he had worked for the plaintiffs. (An Act to Regulate the Practice of the Judicial Courts [8 Mar. 1831], Statutes of Ohio, vol. 3, p. 1684, sec. 78.)  

    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.

  5. 5

    Docket Entry, ca. 31 July 1837 [Rigdon, Smith & Cowdery for the use of JS v. Woodworth].