Introduction to Wright v. Rigdon et al., Page 1
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Introduction to Wright v. Rigdon et al. Capias ad Respondendum, 11 October 1837 [Wright v. Rigdon et al.] Recognizance, 24 October 1837 [Wright v. Rigdon et al.] Declaration, circa 4 December 1837 [Wright v. Rigdon et al.] Transcript of Proceedings, circa 3 April 1838 [Wright v. Rigdon et al.] Docket Entry, Costs, circa 3 April 1838 [Wright v. Rigdon et al.]

Introduction to Wright v. Rigdon et al.

Page

Wright v. Rigdon, JS, Cowdery, Whitney, and Johnson
Geauga Co., Ohio, Court of Common Pleas, circa 3 April 1838
 
Historical Introduction
On 3 October 1836, JS, , , , and signed two $500 promissory notes for unspecified goods or services provided by . The first note was due 1 May 1837, and the second was due 1 October 1837. On 11 October 1837, after default on both notes, Wright pursued legal action in the court of common pleas to collect the debt. , sheriff of , arrested Newel K. Whitney and John Johnson in on 19 October and required them to enter into a $2,000 bail bond until they could arrange for special bail. This occurred five days later when Whitney, Johnson, , and offered a $3,000 surety for payment of the judgment if rendered against the defendants. Kimball did not find the other defendants within his jurisdiction because JS, Cowdery, and Rigdon had left for , Missouri, to oversee ecclesiastical affairs there. Wright’s complaint, filed 4 December 1837, appears to have multiple claims. One assessed $1,000 for the two notes, several for $1,200 each, and one for $1,500 damages. This was according to legal practice of the 1800s and actually represented the single claim of $1,000 for the two notes. The transcript of proceedings noted that the defendants failed to appear. As a result, the court awarded Wright $1,055.31 in damages, plus court costs.
 
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 (2)

October (2)

3 October 1836

Rigdon, Smith & Cowdery and Others, Promissory Note, Kirtland Township, Geauga Co., OH, to Justus Wright, 3 Oct. 1836–A

3 October 1836

Rigdon, Smith & Cowdery and Others, Promissory Note, Kirtland Township, Geauga Co., OH, to Justus Wright, 3 Oct. 1836–B

 
Wright v. Rigdon et al., Court of Common Pleas

1837 (4)

October (3)

11 October 1837

David D. Aiken, Capias ad Respondendum, to Geauga Co. Sheriff, for Sidney Rigdon and Others, Chardon, Geauga Co., OH

19 October 1837

Newel K. Whitney and John Johnson, Bond, Kirtland Township, Geauga Co., OH

24 October 1837

Recognizance, Chardon, Geauga Co., OH, for Newel K. Whitney and Others

December (1)

Ca. 4 December 1837

Justus Wright, Declaration, Chardon, Geauga Co., OH

1838 (2)

April (2)

Ca. 3 April 1838

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 3 Apr. 1838; Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 101–103, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; signature presumably of Van R. Humphrey.
Ca. 3 April 1838

Docket Entry, Costs, Chardon, Geauga Co., OH

  • Ca. 3 Apr. 1838; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 328, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken and Charles H. Foot.
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Editorial Title
Introduction to Wright v. Rigdon et al.
ID #
12752
Total Pages
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    Footnotes

    1. [1]

      The bail bond was a means to protect the sheriff from responsibility for payment of the debt if the defendant failed to appear. (See Swan, Practice in Civil Actions and Proceedings at Law in Ohio, 1:154–157, 161, 164.

      Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

    2. [2]

      Introduction to Documents, Volume 5: October 1835–January 1838; Historical Introduction to Minutes, 6 Nov. 1837; see also JSP, D5:503n297.

      JSP, D5 / Rogers, Brent M., Elizabeth A. Kuehn, Christian K. Heimburger, Max H Parkin, Alexander L. Baugh, and Steven C. Harper, eds. Documents, Volume 5: October 1835–January 1838. Vol. 5 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.

    3. [3]

      For a discussion of this type of pleading, see Historical Introduction to Declaration to the Geauga County Court of Common Pleas, 7 May 1838, in JSP, D6:137; Swan, Practice in Civil Actions and Proceedings at Law, 1:216–217, 217nA; and Hammond, Cases Decided in the Supreme Court of Ohio, 307.

      JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.

      Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

      Hammond, Charles. Cases Decided in the Supreme Court of Ohio, in Bank, at December Terms, 1833, 1834. Vol. 6. Cincinnati: Robert Clarke, 1872.

    4. [4]

      Transcript of Proceedings, circa 3 April 1838 [Wright v. Rigdon et al.].

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