Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. H. Smith]

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Docket Entry, Judgment, 3 April 1838 [Boynton and Hyde v. H. Smith] Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. H. Smith] Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. H. Smith] Docket Entry, Judgment, 3 April 1838 [Boynton and Hyde v. Rigdon] Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. Rigdon] Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. Rigdon]
Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. H. Smith]
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. 3 Apr. 1838, Boynton and Hyde v. H. Smith (Geauga Co., OH, Court of Common Pleas 1838); 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. 357; handwriting of Charles H. Foot and
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 notations 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. 21 Sept. 1841. Includes notation by
Erastus Spencer
30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...
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, [
Geauga Co.
Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...
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, OH], [ca. 21 Sept. 1841].
Historical Introduction
See Introduction to Boynton and Hyde v. JS.
Page 357
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<
John W. Howden
Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....
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endorser for costs>
Insertion in unidentified handwriting.

Charles H. Foot handwriting begins.
Ray Boynton
13 Dec. 1804–ca. 1854. Merchant. Born in Shelburne, Chittenden Co., Vermont. Son of Jeddediah Boynton. Moved to Hinesburg, Chittenden Co., by 1820. Moved to New York City, by 1831. Married Anna Brookes, 4 June 1833, in New York City. Operated dry goods store...
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&) [George] Lynde

Harry Hyde
ca. 1815–after Sept. 1856. Merchant. Born in Rensselaerville, Albany Co., New York. Son of Isaac Hyde and Lydia Foster. Moved to Brooklyn, Kings Co., New York, by 1832. Partnered with Ray Boynton, 1830s, to operate dry goods store, Boynton & Hyde, in New ...
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)

vs <U 492>)
Insertion in handwriting of David D. Aiken.

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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Hiram [Hyrum] Smith
9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...
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)

Judgt for plffs April 3. 1838

Damages $881.15

pl[ainti]ffs Costs
Charles H. Foot handwriting ends; David D. Aiken begins.
9.81

David D. Aiken handwriting ends; Charles H. Foot begins.
def[endan]t
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s do
1.49

Plffs
Deft
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s

Cl[er]k. A. [David D. Aiken]
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2 94 <1> <1> 1.49

Sh[eri]ff. Kim. [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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1 87

Att[orne]y.
5 00

Notation in handwriting of David D. Aiken.
1841 July 8. fi. fa. [
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 & dd
Shff S. [Erastus Spencer]
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Returned Sept 21, 1841, wholly unsatisfied.
Shff
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$1.35
Clk
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35

The
Clerk
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’s fees on part of
plff
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have been paid by
Howden
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, the endorser

D. D. Aiken
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Notation in handwriting of Erastus Spencer.
My fees have been paid by
Houer [John Howden]
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endorser for costs as above stated

E Spencer
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[p. 357]
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Source Note
Document Transcript
Page 357
Document Information
Related Case Documents
Documents Related to Boynton and Hyde v. JS
Editorial Title
Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. H. Smith]
ID #
5994
Total Pages
1
Print Volume Location
Handwriting on This Page
Unidentified
Charles H. Foot
David D. Aiken
Erastus Spencer
Footnotes
Insertion in unidentified handwriting.
Charles H. Foot handwriting begins.
Insertion in handwriting of David D. Aiken.
Notation in handwriting of David D. Aiken.
Notation in handwriting of Erastus Spencer.

	David D. Aiken handwriting ends; Charles H. Foot begins. Plffs	Deft 9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co... View Full Bio s
Cl[er]k. A. [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... View Full Bio	Charles H. Foot handwriting ends; David D. Aiken begins. 2 94 <1> <1>	1.49
David D. Aiken handwriting ends; Charles H. Foot begins. Sh[eri]ff. Kim. [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... View Full Bio	Charles H. Foot handwriting ends; David D. Aiken begins. 1 87
David D. Aiken handwriting ends; Charles H. Foot begins. Att[orne]y.	Charles H. Foot handwriting ends; David D. Aiken begins. 5 00