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Summons, 9 Feb. 1837 [Rounds qui tam v. JS]. In addition to suing JS and Rigdon, Rounds brought actions against Horace Kingsbury, Newel K. Whitney, Frederick G. Williams, and Warren Parrish. (See “Documents Related to Rounds qui tam v. JS.”)
For the Kirtland Safety Society’s revised articles and a discussion of the attempt to secure a charter, see Articles of Agreement for the Kirtland Safety Society Anti-Banking Company, 2 Jan. 1837; Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837.
An Act to Prohibit the Issuing and Circulating of Unauthorized Bank Paper [27 Jan. 1816], Swan, Statutes of the State of Ohio [1840], pp. 136–137, secs. 1, 5.
Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.
In these further suits, the plaintiff became nonsuit, meaning judgment was given against Rounds and the defendants recovered costs. (See Docket Entry, Verdict, 25 October 1837 [Rounds qui tam v. Parrish]; Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Whitney]; Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Williams]; Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Kingsbury]; and Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837; see also Walker, “Kirtland Safety Society and the Fraud of Grandison Newell,” 33–148; and Adams, “Grandison Newell’s Obsession,” 173–175.)
Walker, Jeffrey N. “The Kirtland Safety Society and the Fraud of Grandison Newell: A Legal Examination.” BYU Studies 54, no. 3 (2015): 33–147.
Adams, Dale W. “Grandison Newell’s Obsession.” Journal of Mormon History 30 (Spring 2004): 159–188.
Docket Entry, Judgment, 25 Oct. 1837 [Rounds qui tam v. JS]. For the historical context of the Kirtland Safety Society and reasons for its collapse, see Joseph Smith Documents from October 1835 through January 1838; Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837; and Documents, Volume 5, Introduction to Part 6: 20 Apr.–14 Sept. 1837.
Docket Entry, Judgment, 25 Oct. 1837 [Rounds qui tam v. JS]. Personal property totaling $716.25 was sold to facilitate payment of the judgment. (Docket Entry, Costs, ca. 25 Oct. 1837 [Rounds qui tam v. JS].) Attempts to pay judgment by levying property owned by Rigdon are recorded in docket entries for both cases, possibly due to a sheriff’s notation on the fieri facias interconnecting the two. (Docket Entry, Costs, ca. 25 Oct. 1837 [Rounds qui tam v. Rigdon].)
It is unclear why the amount paid for the judgments exceeded what the law required by $300. Litigant costs and fees for the sheriff and county clerk totaled about $140 for both cases, and the assignment required Newell to pay “all costs” accrued on the judgments. It is unclear if Newell’s obligation included the $140 or was in addition to it. Granger died in 1841, and physical custody of Newell’s assignment of the judgment passed to Oliver’s son Gilbert Granger. On 3 March 1842, JS apparently received this assignment from a settlement with Gilbert. (Assignment of Judgment, 1 Mar. 1838 [Rounds qui tam v. JS]; JS, Journal, 3 Mar. 1842.)
See An Act for the Relief of Grandison Newell [10 Mar. 1859], Acts of a General Nature, vol. 56, p. 271; Assignment of Judgment, 1 Mar. 1838 [Rounds qui tam v. JS]; Docket Entry, Judgment, 25 Oct. 1837 [Rounds qui tam v. JS]; and Docket Entry, Costs, ca. 25 Oct. 1837 [Rounds qui tam v. JS]. The judgment Newell assigned to Marks and Granger was only Rounds’s half. The status of the state’s portion of the judgment was unclear, thereby providing grounds for Newell to revive the judgment.
Acts of a General Nature and Local Laws and Joint Resolutions, Passed by the Fifty-Third General Assembly, of the State of Ohio: At Its Second Session, Begun and Held in the City of Columbus, January 3, 1859, and the Fifty-Seventh Year of Said State. Vol. 56. Columbus, OH: Richard Nevins, 1859.
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