Introduction to Stannard v. Young and JS

Document Transcript

Stannard v. Young and JS
Geauga Co., Ohio, Court of Common Pleas, 3 October 1838
 
Bump Administrator of the Estate of Stannard v. Young and JS
Geauga Co., Ohio, Court of Common Pleas, circa 4 October 1842
 
Historical Introduction
In October 1837, Claudius Stannard, a longtime resident of , Ohio, commenced legal proceedings against JS and . Young and JS borrowed $235.50 from Stannard on 11 October 1836, about a week after they and Parley P. Pratt entered into an agreement with Stannard to purchase a stone quarry. The promissory note was to be paid when the first annual payment for the agreement became due on 3 October 1837. The note was not paid, however, and Stannard commenced an action in assumpsit. The matter came to trial in April 1838, but JS and Young had relocated to three months earlier, and in their absence, a default judgment was rendered against them.
Stannard died in 1841. The following May, successfully petitioned the probate court to be appointed as administrator for Stannard’s estate. After failed attempts in June and October 1842 to locate JS and , who were now residing in , the court revived the judgment Stannard obtained against them in accordance with law. In March 1843, Sheriff Luther Bates levied the defendants’ property, which he offered for sale to satisfy the judgment. The property went unsold, however, “for want of bidders.” It is unknown whether Bump collected the judgment.
 
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

    See Agreement with Claudius Stannard, 3 Oct. 1836 and Introduction to Stannard v. Young et al. Although payments for the promissory note and agreement were due on the same day, the promissory note appears to be a separate transaction from the agreement. The note does not correspond to the amount and terms of payment identified in the agreement with Stannard, and the transcript of proceedings makes a distinction between the signers of the note and the signers of the agreement.  

  2. 2

    Summons, 28 Oct. 1837 [Stannard v. Young and JS].)  

  3. 3

    See Transcript of Proceedings, ca. 3 Apr. 1838 [Stannard v. Young and JS]; and Historical Introduction to Revelation, 12 Jan. 1838–C.  

  4. 4

    Lake Co., OH, Probate Court, Probate Record, vol. A, pp. 358–360, microfilm 974,901, U.S. and Canada Record Collection, FHL. For criteria specifying to whom letters of administration could be granted, see An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio [1840], 341, sec. 12.  

    U.S. and Canada Record Collection. FHL.

    Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

  5. 5

    JS Journal, 1 June 1842 and 1 Oct. 1842.  

  6. 6

    Scire Facias, 14 June 1842 [Bump Administrator of the Estate of Stannard v. Young and JS]. A judgment was considered dormant if execution on it had not been applied for by the prevailing party “within five years from the date of any judgment.” It could be revived through issuing a writ of scire facias, which required the defendant to show why the plaintiff should not have the advantage of the record—in this case, the previous judgment. (An Act Concerning Mesne Process, in Civil and Criminal Cases [10 Feb. 1831], Statutes of the State of Ohio [1840], 668–669, 671–672, secs. 85–87, 101–102.) Alias Scire Facias, 4 Oct. 1842 [Bump Administrator of the Estate of Stannard v. Young and JS]; Transcript of Proceedings, ca. 4 Oct. 1842 [Bump Administrator of the Estate of Stannard v. Young and JS]; An Act Concerning Mesne Process, in Civil and Criminal Cases [10 Feb. 1831], Statutes of the State of Ohio [1840], 672, sec. 103.  

    Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

  7. 7

    Four pieces of JS’s property were appraised at $1,034 and offered for sale. (Docket Entry, Sheriff’s Return, between 9 Nov. 1842 and 27 Mar. 1843 [Bump Administrator of the Estate of Stannard v. Young and JS].)  

  8. 8

    Docket Entry, Sheriff’s Return, between 9 Nov. 1842 and 27 Mar. 1843 [Bump Administrator of the Estate of Stannard v. Young and JS].