Docket Entry, Costs, circa 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery]

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Introduction to Newbould v. Rigdon, Smith & Cowdery Capias ad Respondendum, 20 April 1837 [Newbould v. Rigdon, Smith & Cowdery] Special Bail, 5 June 1837 [Newbould v. Rigdon, Smith & Cowdery] Declaration, circa 8 July 1837 [Newbould v. Rigdon, Smith & Cowdery] Docket Entry, Discontinuance, 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery] Docket Entry, Costs, circa 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery] Transcript of Proceedings, circa 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery]
Docket Entry, Costs, circa 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery]
Source Note
Docket Entry, Costs, [
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. 24 Oct. 1837, Newbould v. Rigdon, Smith & Cowdery (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas,
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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Docket, vol. G, p. 140; handwriting of
David 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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; notations by Charles H. Foot, [
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. 14 Nov. 1837, ca. 3 Apr. 1838, and ca. 23 Apr. 1838; notation by
David D. Aiken
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, ca. 4 June 1838; Geauga County Archives and Records Center, Chardon, OH.
Historical Introduction
Page 140
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Jonn. F. Card for costs.

John A. Newbould
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) P[erkins] & O[sborn].

vs <U. 351>)
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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.

Sidney Rigdon
19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...
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,)

Joseph Smith Jr. &)

Oliver Cowdery
3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...
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.)

Judgt. for plff. Oct. 24. 1837 for his costs $10.78

defts do. 1.03

Plff
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. deft.

Clk. A. [David D. Aiken]
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3 21 1 03

Shff. K [Abel 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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2 57

Atty 5 00

Notations in handwriting of Charles H. Foot.
1837 Nov. 14. fi. fa. [
fieri facias
Abbreviated “fi. fa.” It is a writ of execution “that lies for him who has recovered any debt or damages. . . . It is a command to the sheriff, that of the goods and chattels of the party he cause to be made the sum recovered by the judgment.”
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] issued & d.d. to M. L. Miner. Returned April 3. 1838 wholly unsatisfied for want of property Shffs fees $1.50 Clerks $0.35.— 1838 April 23.
al[ias]
“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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fi. fa. issued & d.d to
Shff Kimball
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Notation in handwriting of David D. Aiken.
Returned June 4. 1838, the
sheriff
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having levied the same & another writ of
al.
“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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fi. fa. in fav. of the same <
H. Kelly [Hezekiah Kelley]
18 June 1804–19 July 1882. Merchant, land investor, miner. Born in Connecticut. Moved to New York City, by 1830. Married Phebe, before 1831. Invested in and sold land in Erie Co., New York, early 1830s. Sued Rigdon, Smith & Cowdery to collect on unpaid promissory...
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>
plff
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vs the same defts on lands (see writ) which were duly appraised and were not sold for want of time.— Shff’s fees $6.85 Clk 0.35 [p. 140]
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