Transcript of Proceedings, 8 January 1842 [Boosinger v. JS et al.]
Source Note
Transcript of Proceedings, , MO, 8 Jan. 1842, Boosinger v. JS et al. (Caldwell Co., MO, Circuit Court 1839); handwriting of Elliot Roberts; certified by Elliot Roberts, 8 Jan. 1842; certified by , 28 Feb. 1842; docket by Elliot Roberts, [, MO], [8 Jan. 1842]; thirteen pages; Letters Related to George Boosinger, Huntington Library, San Marino, CA. Includes seal.
In January 1842, presumably at ’s request, Elliot Roberts, clerk of the Circuit Court in , made certified transcripts of the proceedings in the two 1839 lawsuits. Given that the Caldwell County Courthouse and all original court records were destroyed by fire in 1860, few if any of JS’s original legal papers produced by the Caldwell County Circuit Court are extant.
This document was in ’s possession and presumably was retained by his descendants for an unknown time upon his death. In 1953, it was one of several miscellaneous Boosinger papers in the possession of M. S. MacCarthy of Glendale, California. Sometime between 1953 and 1958, the Boosinger papers were transferred from M. S. MacCarthy to Mrs. H. W. Deegan. In 1958, Deegan sold the Boosinger papers to the Huntington Library, San Marino, California.
History of Caldwell and Livingston Counties, Missouri, 251–252.
History of Caldwell and Livingston Counties, Missouri, Written and Compiled from the Most Authentic Official and Private Sources. . . . St. Louis: National Historical Co., 1886.
“List of Boosinger Papers relating to Early Periods in the History of The Church of Jesus Christ of Latter Day Saints,” 14 Dec. 1953, Fife Mormon Collection, 1940–1972, Folk Collection 4, no. 1, series II, vol. 16, no. 650, Special Collections and Archives, Merrill-Cazier Library, Utah State University, Logan.
“List of Boosinger Papers relating to Early Periods in the History of The Church of Jesus Christ of Latter Day Saints,” 14 Dec. 1953. Fife Mormon Collection, 1940–1972, Folk Collection 4, no. 1, series II, vol. 16, no. 650, Special Collections and Archives, Merrill-Cazier Library, Utah State University, Logan.
five Dollars and that your property has been attached to pay the same and unless you appear at the next Term of said Court to be holden on the second monday of November next on or before the third day thereof and put in your plea to said action or otherwise defend the same judgment will be rendered against you and your property sold to satisfy the same and it is ordered by the— Court that this order of publication be published in some news paper printed in this for four waks [weeks] successively the last publication to be four weeks before the next term of this Court till which time this Cause is Continued
And afterwards to wit at our November Term 1839 the following proceedings was had to wit
vs)
Assumpsit by
Joseph Smith jr & .
Defendants in this Cause by their Attorney file their Motion to dissolve the Attachment which is overruled. Defendants then filed their plea of non assumpsit, and both parties being ready [p. 8]