Capias ad Respondendum, 20 February 1819 [Joseph Smith Sr. v. J. Hurlbut]

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Introduction to Joseph Smith Sr. v. J. Hurlbut Promissory Note, 27 March 1818 [Joseph Smith Sr. v. J. Hurlbut] List of Goods, between 10 May and circa August 1818 [Joseph Smith Sr. v. J. Hurlbut] List of Services, between circa 12 January and 6 February 1819 [Joseph Smith Sr. v. J. Hurlbut] Docket Entry, between 12 January and circa 6 February 1819 [Joseph Smith Sr. v. J. Hurlbut] Bond, 8 February 1819 [Joseph Smith Sr. v. J. Hurlbut] Capias ad Respondendum, 20 February 1819 [Joseph Smith Sr. v. J. Hurlbut] Statement of Issues, circa 26 June 1819 [Joseph Smith Sr. v. J. Hurlbut] Docket Entry, 31 July 1819 [Joseph Smith Sr. v. J. Hurlbut] Docket Entry, circa 19 August 1819, Draft [Joseph Smith Sr. v. J. Hurlbut] Docket Entry, circa 19 August 1819 [Joseph Smith Sr. v. J. Hurlbut]
Capias ad Respondendum, 20 February 1819 [Joseph Smith Sr. v. J. Hurlbut]
Source Note

Hugh McNair,
Capias ad Respondendum
Latin for “that you take until answer”; a writ commanding an officer to arrest a defendant to answer the plaintiff’s plea. A defendant arrested on this writ was committed to prison unless a bail bond was given. The amount of bail would be endorsed on the ...
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, to
Ontario Co.
Created from Montgomery Co., 27 Jan. 1789. Area settled, summer 1789. Named for Lake Ontario on northern border. Known as “Genesee country.” Area historically occupied by Seneca Indians. County seat, Canandaigua. Population in 1820 about 35,000. Population...
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Sheriff [
Phineas Bates
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], for
Joseph Smith Sr.
12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...
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and
Alvin Smith
11 Feb. 1798–19 Nov. 1823. Farmer, carpenter. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; returned to Tunbridge, before May 1803. Moved to Royalton, Windsor Co., Vermont, 1804, and to...
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,
Ontario Co.
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, NY, 20 Feb. 1819, J. Hurlbut v. Joseph Smith Sr. and A. Smith (Ontario Co., NY, Court of Common Pleas 1819); printed form with manuscript additions in handwriting of Hugh McNair; docket by Hugh McNair, [
Ontario Co.
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, NY], [20 Feb. 1819]; notation by Hugh McNair, [ca. 20 Feb. 1819]; notation by
Phineas Bates
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and Asa Swift, [between 20 Feb. and ca. May 1819]; notation by unidentified scribe, 25 May 1819; two pages; Ontario County Records and Archives Center, Canandaigua, NY. Includes seal. Transcription from a digital color image made of the original in 2011.

Historical Introduction
See Introduction to Joseph Smith Sr. v. J. Hurlbut.
Page [2]
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Docket in handwriting of Hugh McNair.
Ont.
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Com Pleas

Jeremiah Hurlburt
18 Feb. 1791–20 Aug. 1850. Farmer. Born in Wyoming Valley, Luzerne Co., Pennsylvania. Son of John Hurlburt and Hannah Millet. Moved to Palmyra, Ontario Co., New York. Married first Cynthia Harris, Jan. 1820. Married second Esther McIntyre. Moved to Brighton...
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v

Joseph Smith
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&

Alvin Smith
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Notation in handwriting of Hugh McNair.
Dr $140..—

F Smith Atty

Notation in handwriting of Asa Swift.
Cepi
“I have taken”; a sheriff’s return of a capias, or similar process.
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Corpus as to
Joseph Smith
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None Est as to
A Smith
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fees $1.68

P[hineas] P Bates
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Sh[erif]f

A[sa] R Swift Dp

Notation in unidentified handwriting.
Filed 25th May 1819 [p. [2]]
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Document Information
Related Case Documents
Joseph Smith Sr. v. J. Hurlbut, circa August 1819
Editorial Title
Capias ad Respondendum, 20 February 1819 [Joseph Smith Sr. v. J. Hurlbut]
ID #
5693
Total Pages
2
Print Volume Location
Handwriting on This Page
Hugh McNair
Asa Swift
Unidentified
Footnotes
Docket in handwriting of Hugh McNair.
Notation in handwriting of Hugh McNair.
Notation in handwriting of Asa Swift.
Notation in unidentified handwriting.