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

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Introduction to Boynton and Hyde v. JS Summons, 26 October 1837 [Boynton and Hyde v. JS] Declaration, circa 30 November 1837 [Boynton and Hyde v. JS] Docket Entry, Verdict, 3 April 1838 [Boynton and Hyde v. JS] Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. JS] Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. JS]
Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. JS]
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. JS (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. 356; handwriting of Charles H. Foot; Geauga County Archives and Records Center, Chardon, OH. Includes notations by
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 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. 8 July 1841, ca. 21 Sept. 1841, ca. 25 Nov. 1841, and ca. 29 Mar. 1842. 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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, [after ca. 29 Mar. 1842]. Transcription from a digital color image made of the original in 2011.

Historical Introduction
See Introduction to Boynton and Hyde v. JS.
Page 356
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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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)
Insertion in unidentified handwriting.
<
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>

vs U 512)
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.)

Judgt. for pl[ainti]ffs April 3. 1838

Damages $881.15

plffs costs 9.71

def[endan]ts do 1.49

Plffs Defts

Clk. A. [David D. Aiken]
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2 ◊7
1
TEXT: Possibly “2 77”.
2 94 1.49

Shff. 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 77

Atty. 5 00

Notations 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.
Shff S. [Erastus Spencer]
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Returned

Sept 21. 1841 wholly unsatisfied, Shff $1.10 Clk 35

1841 Nov. 25 al[ias] fi. fa. issued & dd
Shff. S.
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Returned

March 29. 1842, the Shff having, for want of goods & chattels, levied on land in
Kirtland
Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...
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(see
Ex.
“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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) which was duly appraised (at $48.00) but not advertised, by order of plff—

Shff’s fees $5.65 Clk 0.35.—

My fees & int. on part of plff. have been paid by
Howden
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the endorser for costs.

D. D. Aiken
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Notation in handwriting of Erastus Spencer.
my fees are paid by
Howden
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endorser for costs

Erastus Spencer
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[12 lines blank] [p. 356]
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Source Note
Document Transcript
Page 356
Document Information
Related Case Documents
Editorial Title
Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. JS]
ID #
4533
Total Pages
1
Print Volume Location
Handwriting on This Page
Charles H. Foot
Unidentified
David D. Aiken
Erastus Spencer
Footnotes
Insertion in unidentified handwriting.
[1]
TEXT: Possibly “2 77”.
Notations in handwriting of David D. Aiken.
Notation in handwriting of Erastus Spencer.