Docket Entry, Costs, circa 27 October 1837 [Eaton v. JS and O. Cowdery]

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Introduction to Eaton v. JS and O. Cowdery Capias ad Respondendum, 6 June 1837 [Eaton v. JS and O. Cowdery] Special Bail, 10 June 1837 [Eaton v. JS and O. Cowdery] Declaration, circa 7 July 1837 [Eaton v. JS and O. Cowdery] Docket Entry, Judgment, 27 October 1837 [Eaton v. JS and O. Cowdery] Docket Entry, Costs, circa 27 October 1837 [Eaton v. JS and O. Cowdery] Transcript of Proceedings, circa 27 October 1837 [Eaton v. JS and O. Cowdery]
Docket Entry, Costs, circa 27 October 1837 [Eaton v. JS and O. Cowdery]
Source Note
Docket Entry, Costs, [
Chardon
Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...
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, Geauga Co., OH], [ca. 27 Oct. 1837], Eaton v. JS and O. Cowdery (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas,
Execution
“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...
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Docket, vol. G, p. 157; handwriting of
David D. Aiken
20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...
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; Geauga County Archives and Records Center, Chardon, OH. Includes notation by
David D. Aiken
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, [
Chardon
Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...
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, Geauga Co., OH], ca. 27 Mar. 1838. Includes notation by unidentified scribe, ca. 3 Apr. 1838. Includes notation by
David D. Aiken
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, ca. 29 Apr. 1839. Includes notation by Charles H. Foot, ca. 24 June 1839. Includes notations by
David D. Aiken
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with signature of
Abel Kimball
20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...
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, ca. 14 Aug. 1840.
Historical Introduction
See Introduction to Eaton v. JS and O. Cowdery.
Page 157
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Winthrop Eaton
7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...
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) A[ndrews] & F[oot]

vs <U. 277.>)
assumpsit
An action brought to recover damages for breach of a simple contract or for the recovery of money. Assumpsit was a form of trespass on the case. In Ohio law, it was “the usual remedy upon promissory notes.”
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Joseph Smith Jr.)

&
Oliver Cowdery
3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...
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)

Judgt. for
pl[ainti]ff.
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Oct. 24. 1837

Damages $1185.66

Plff
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’s Costs 9.08

def[endan]ts do .77

Plff
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Deft.

Cl[er]k. A. [David D. Aiken]
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2 61 0 77

Sh[eri]ff. K. [Abel Kimball]
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1 47

Att[orne]y 5.00

Notation in handwriting of David D. Aiken.
1838 March 27
Ca. Sa.
Latin for “that you take until satisfaction”; a writ of execution to arrest a defendant until his or her personal appearance in court on the return day to satisfy a judgment in a personal action for the recovery of money. The defendant, in turn, may give ...
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[
Capias ad Satisfaciendum
Latin for “that you take until satisfaction”; a writ of execution to arrest a defendant until his or her personal appearance in court on the return day to satisfy a judgment in a personal action for the recovery of money. The defendant, in turn, may give ...
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] issued & ford. to
Shff
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per Rufus Merrill.
Notation in unidentified handwriting.
Returned April 3. 1838 Deft. not found consequently unsatisfied—
Shff
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s fees $1.35
Clk
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s 0.35

1839 April 28 <29>.
fi. fa.
Abbreviated “fi. fa.” It is a writ of execution “that lies for him who has recovered any debt or damages. . . . It is a command to the sheriff, that of the goods and chattels of the party he cause to be made the sum recovered by the judgment.”
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[
fieri facias
Abbreviated “fi. fa.” It is a writ of execution “that lies for him who has recovered any debt or damages. . . . It is a command to the sheriff, that of the goods and chattels of the party he cause to be made the sum recovered by the judgment.”
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] issued & d.d to
Shff Kimball
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Notation in handwriting of Charles H. Foot.
Returned June 24. 1839 unsatisfied for want of property.
Notations in handwriting of David D. Aiken.
Shff
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s fees $1.35
Clk
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s 0.35

Augt. 14. 1840 Recd. of
plff.
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per
Mess Andrews
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& Foot, six dollars and seventy-six cents & gave receipt.

D. D. Aiken
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Rec’d of
D. D. Aiken
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two ²/₁₀₀ Dollars on acct of my fees.

Signature of Abel Kimball.

A. Kimball
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[16 lines blank] [p. 157]
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Source Note
Document Transcript
Page 157
Document Information
Related Case Documents
Editorial Title
Docket Entry, Costs, circa 27 October 1837 [Eaton v. JS and O. Cowdery]
ID #
4459
Total Pages
1
Print Volume Location
Handwriting on This Page
David D. Aiken
Unidentified
Charles H. Foot
Abel Kimball
Footnotes
Notation in unidentified handwriting.
Notation in handwriting of Charles H. Foot.
Notations in handwriting of David D. Aiken.
Signature of Abel Kimball.