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Introduction to D. Lake v. JS

D. Lake v. JS
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 4 December 1834
Geauga Co., Ohio, Court of Common Pleas, 19 June 1835
 
Historical Introduction
In November 1834, former Latter-day Saint brought a lawsuit against JS seeking payment for Lake’s participation in the 1834 expedition. After antagonists expelled church members from , Missouri, in late 1833, Latter-day Saints traveled from and to assist the refugees. At the outset, camp members were asked to consecrate, or donate, money or goods to support the expedition. Individuals who brought family members on the march were evidently exempt. There is no indication that participants were promised payment for their services. Lake was listed as donating $0.00 at the march’s commencement; he may have been accompanied by family members.
After returning to , initiated a lawsuit against JS seeking payment for labor and expenses on the expedition. The suit was filed with , justice of the peace for in , and was brought under the common law “action of debt.” Dowen issued a summons for JS on 24 November 1834, and JS appeared for the trial four days later. After the parties gave “the proofs & allegations,” Dowen adjourned the court until 4 December. On that day, he ruled in Lake’s favor and ordered JS to pay $63.67 plus costs of $8.04.
About a week later, JS appealed the decision to the Court of Common Pleas. He entered into a $150 guaranteeing his ability to pay whatever the court decided upon appeal. On 7 May 1835, , by his attorneys and , filed a declaration stating his claims that JS owed him $200 for his labor and monetary contributions to the camp. Lake also changed the common law action from debt to , possibly because the latter action allowed greater flexibility in seeking damages for a breach of contract, whereas a debt suit sought payment of a certain sum. A short time later, JS, by his attorney , filed a plea denying that he made the implied contract with Lake and requesting a jury trial. On 19 June, before the jury could consider the case, Judge Matthew Birchard held that Lake had not adduced sufficient evidence that the contract had been made and “direct[ed] that he [Lake] become ,” meaning the suit was dismissed. Lake was ordered to pay his own costs, assessed at $10.86, as well as JS’s $25.64 costs. He evidently failed to pay any of the costs.
 
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.
D. Lake v. JS
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 4 December 1834
Geauga Co., Ohio, Court of Common Pleas, 19 June 1835
 
Historical Introduction
In November 1834, former Latter-day Saint brought a lawsuit against JS seeking payment for Lake’s participation in the 1834 expedition. After antagonists expelled church members from , Missouri, in late 1833, Latter-day Saints traveled from and to assist the refugees. At the outset, camp members were asked to consecrate, or donate, money or goods to support the expedition. Individuals who brought family members on the march were evidently exempt. There is no indication that participants were promised payment for their services. Lake was listed as donating $0.00 at the march’s commencement; he may have been accompanied by family members.
After returning to , initiated a lawsuit against JS seeking payment for labor and expenses on the expedition. The suit was filed with , justice of the peace for in , and was brought under the common law “action of debt.” Dowen issued a summons for JS on 24 November 1834, and JS appeared for the trial four days later. After the parties gave “the proofs & allegations,” Dowen adjourned the court until 4 December. On that day, he ruled in Lake’s favor and ordered JS to pay $63.67 plus costs of $8.04.
About a week later, JS appealed the decision to the Court of Common Pleas. He entered into a $150 guaranteeing his ability to pay whatever the court decided upon appeal. On 7 May 1835, , by his attorneys and , filed a declaration stating his claims that JS owed him $200 for his labor and monetary contributions to the camp. Lake also changed the common law action from debt to , possibly because the latter action allowed greater flexibility in seeking damages for a breach of contract, whereas a debt suit sought payment of a certain sum. A short time later, JS, by his attorney , filed a plea denying that he made the implied contract with Lake and requesting a jury trial. On 19 June, before the jury could consider the case, Judge Matthew Birchard held that Lake had not adduced sufficient evidence that the contract had been made and “direct[ed] that he [Lake] become ,” meaning the suit was dismissed. Lake was ordered to pay his own costs, assessed at $10.86, as well as JS’s $25.64 costs. He evidently failed to pay any of the costs.
 
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.
 
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court
 
Geauga Co., Ohio, Court of Common Pleas