Introduction to Bump v. S. Smith and JS

Document Transcript

Bump v. S. Smith and JS
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 2 January 1838
 
Historical Introduction
and his brother JS borrowed $43 from Ebenezer Jennings on 27 September 1837, payable in sixty days “with use,” meaning interest would be assessed. The purpose of the loan is unknown. Apparently then bought the note from Jennings. When the Smiths defaulted on the note, Bump gave an oath against them on 2 January 1838. In response, Justice of the Peace issued a capias to constable , who noted in his return that JS was in his custody; Samuel Smith was not found. JS confessed judgment on the note and was assessed damages for $44.10 plus $1.04 costs ($45.14 total). Text in the docket entry suggests Cowdery issued an that was served by the plaintiff, contrary to state statute. Bump obtained property valued at $37.76 for payment of the judgment, with an additional $7.28 received in May. The judgment was paid in full; however, the sum payment indicates ten cents in court fees remained due.
 
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. 2 Jan. 1838 [Bump v. S. Smith and JS]; “Usury,” in American Dictionary; “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.)  

    An American Dictionary of the English Language: Intended to Exhibit, I. the Origin, Affinities and Primary Signification of English Words, as far as They Have Been Ascertained. . . . Edited by Noah Webster. New York: S. Converse, 1828.

    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. 2 Jan. 1838 [Bump v. S. Smith and JS]. The execution should have been served by a constable. (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, pp. 1744, 1758, secs. 2, 114.)  

    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. 2 Jan. 1838 [Bump v. S. Smith and JS].