Introduction to Usher v. JS–A and Usher v. JS–B

Document Transcript

Usher v. JS–A
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 15 March 1837
 
Usher v. JS–B
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 17 August 1837
 
Historical Introduction
In early 1837, Moses Usher initiated an action for debt against JS before , one of the justices of the peace for , Ohio. The nature of the original debt is unknown. On 15 March 1837, Hanson ruled in favor of Usher and required JS to pay a judgment of $35.70 plus court costs.
On 31 July 1837, made a certified copy of his docket entry for the case, which he subsequently gave to a new justice of the peace, . Cowdery issued a writ of to collect the debt on 17 August 1837. Around the same time, , a nephew of Oliver Cowdery, created an entry for the case in Cowdery’s docket book, summarizing the “original suit” before Hanson and noting the issuance of the writ of scire facias.
Apparently unbeknownst to , on 17 August Usher transferred ’s judgment to , ending Usher’s interest in the case. Because Granger was likely acting as an agent for JS, this would have canceled the debt. Despite the transfer, Cowdery commenced proceedings against JS on 24 August. JS was not present, having traveled to to visit Latter-day Saints there, and the court affirmed Hanson’s judgment of $36.60 plus court costs. There is no indication in Cowdery’s docket that he issued a writ of to collect the judgment or 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.

Footnotes

  1. 1

    Docket Entry, between 17 and ca. 24 Aug. 1837 [Usher v. JS–B]. The previous year, Latter-day Saints alleged that Hanson was biased against them. (See Petition to Arial Hanson, 7 Nov. 1836.)  

  2. 2

    Docket Entry, between 17 and ca. 24 Aug. 1837 [Usher v. JS–B]. Ohio law provided that unfinished cases in a justice’s dockets, upon demand, be certified and transferred to his successor or another justice of the peace in the township. Cowdery received his commission as justice of the peace on 15 May 1837. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Acts of a General Nature, pp. 171–172, secs. 3–5; Kirtland Township Trustees’ Minutes and Poll Book, 15 Apr., 29 Apr., and 6 June 1837, pp. 153–154.)  

    Acts of a General Nature, Enacted, Revised and Ordered to Be Reprinted, at the First Session of the Twenty-Ninth General Assembly of the State of Ohio. Columbus: Olmsted and Bailhache, 1831.

    Kirtland Township Trustees’ Minutes and Poll Book, 1817–1838. Lake County Historical Society, Painesville, OH.

  3. 3

    Docket Entry, between 17 and ca. 24 Aug. 1837 [Usher v. JS–B].  

  4. 4

    Docket Entry, between 17 and ca. 24 Aug. 1837 [Usher v. JS–B]  

  5. 5

    Docket Entry, between 17 and ca. 24 Aug. 1837 [Usher v. JS–B]. For further information on Granger’s appointment as JS’s agent, see Historical Introduction to Notice, ca. Late August 1837, in JSP, D5:418n283; and Power of Attorney to Oliver Granger, 27 Sept. 1837.  

    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.

  6. 6

    Docket Entry, between 17 and ca. 24 Aug. 1837 [Usher v. JS–B].