January 24, 1838
Allen v. Granger, Smith, Cowdery, Carter, Knight, Orton, and Cahoon: The execution returned $9.25 but no further property was found against which to levy court costs.
Legal Events
January 25, 1838
Spencer v. Cahoon, Carter, Smith, Smith, Rigdon, and Smith: On November 9, 1835, the Kirtland Temple building committee incurred a $50 debt to William Spencer, payable "when called for." When this action was commenced six defendants were named, including Joseph Smith, but the court determined that only Cahoon, Carter, and Hyrum Smith were members of the committee and discharged the others.
January 26, 1838
Allen v. Granger, Smith, Cowdery, Carter, Knight, Orton, and Cahoon: $5.41 of the judgment was received.
February 28, 1838
Smith for use of Granger v. Smalling and Coltrin: Joseph Smith obtained from the county clerk a writ requiring the sheriff to find the defendant and then to require him to answer the complaint (capias ad respondendum) against John Coltrin and Cyrus Smalling for failure to pay a $500 promissory note for services provided by Julius Granger.
About March 1838
Lory Holmes & Charles Holmes v. Joseph Smith Jr. & Reynolds Cahoon. Court of Common Pleas, Geauga County. The plaintiffs sued on two promissory notes of $5,000 each. A default judgment rendered was for $10,071. Satisfied in full.
April 2, 1838
Stannard v. Young, Pratt, and Smith: Having initiated a suit against Joseph Smith, Brigham Young, and Parley P. Pratt, the day before the case was scheduled to be heard, the parties settled. Apparently some additional payment was made and the farm returned.
April 3, 1838
Rounds qui tam v. Smith: The writ of collection (fieri facias) was returned. Sheriff Abel Kimball had levied another writ in favor of the same plaintiffs against Sidney Rigdon upon properties sold for $604.50 and another property sold for $111.75. This matter remained unsettled until after Joseph Smith's death, when the judgment was revived and satisfied.
April 3, 1838
Wright v. Whitney and Johnson: The defendant, being demanded to appear at court three times, did not come and made default. The plaintiff recovered against Whitney and Johnson his damages of $1,055.31, plus costs ($11.51). Defendants pay own costs ($1.89). Execution was issued to collect on judgment.
April 3, 1838
Holmes and Holmes v. Smith and Cahoon: The defendants, having been called to appear, made default. The plaintiffs recovered in full against the defendants $10,071.48, plus $10.38 costs.
April 3, 1838
Stannard v. Young and Smith: The defendants made default, and the plaintiff recovered damages of $256.40, plus costs of $10.44. Execution was issued to collect on the same.
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