Introduction to JS for the use of J. Granger v. Smalling and Coltrin
Page
JS for the use of J. Granger v. Smalling and Coltrin
Geauga Co., Ohio, Court of Common Pleas, 8 November 1838
Historical Introduction
On 30 September 1836, and signed a promissory note obligating them to pay $500 to JS. JS to by February 1838, at which time JS brought a lawsuit against Smalling and Coltrin for the unpaid note. Presumably in response to JS filing a , the of the court issued a writ of against Smalling and Coltrin. The language “” in the case name indicated that Granger would be paid for the note even though JS was responsible for the lawsuit.
was taken into custody on 5 March, but the sheriff was unable to locate . Smalling was released on bond to appear at the next term of court. During the next term, in April 1838, the case was not heard, and Smalling was discharged by filing . On 7 May, JS filed a declaration, or complaint, with the court, which specified $1,000 in debt and damages. In a plea, Smalling countered JS’s action of debt with claims that JS was indebted to him for $2,000. He also claimed $1,500 was owed him relating to banknotes.
The case was heard by a twelve-man jury on 8 November 1838. Following the testimony of unidentified witnesses, the jury found for the defendant, and JS was assessed court costs. JS gave notice of appeal to the state supreme court; however, supreme court records make no mention of the appeal.
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.
1836 (1)
September (1)
30 September 1836
Cyrus Smalling and John Coltrin, Promissory Note, Geauga Co. or Cuyahoga Co., OH, to JS
30 Sept. 1836. Not extant.
JS for the use of J. Granger v. Smalling and Coltrin, Court of Common Pleas
1838 (11)
February (1)
28 February 1838
David D. Aiken, Capias ad Respondendum, to Abel Kimball, for John Coltrin and Cyrus Smalling, Chardon, Geauga Co., OH
3 Apr. 1838; Geauga County Court of Common Pleas, Journal, vol. N, p. 291, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
May (2)
7 May 1838
Perkins & Osborn on behalf of JS, Declaration, Chardon, Geauga Co., OH
Docket Entry, Leave to Amend Plea, Chardon, Geauga Co., OH
Ca. 4 June 1838; Geauga County Court of Common Pleas, Execution Docket, vol. D, p. 42, Geauga County Archives and Records Center, Chardon, OH; microfilm at FHL; handwriting of David D. Aiken; notations in handwriting of David D. Aiken and Abel Kimball.
August (1)
Ca. 6 August 1838
James Paine on behalf of Cyrus Smalling, Amended Plea and Notice, Geauga Co., OH
Docket Entry, Verdict and Notice of Appeal, Chardon, Geauga Co., OH
8 Nov. 1838; Geauga County Court of Common Pleas, Journal, vol. N, p. 407, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
8 November 1838
Docket Entry, Costs, Chardon, Geauga Co., OH
8 Nov. 1838; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 569, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notation in handwriting of David D. Aiken.
8 November 1838
JS, Notice, Geauga Co., OH
8 Nov. 1838. Not extant.
Ca. 8 November 1838
Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 8 Nov. 1838; Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 501–504, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; signature probably of Van R. Humphrey.