According to his lawyer, James A. Briggs, D. P. Hurlbut "had some trouble with the Mormons at Kirtland... and he had the prophet, Joseph Smith, arrested on a warrant of a justice of the peace for assault and battery..." If this is correct, Hurlbut probably filed his complaint against Joseph Smith with a Justice of the Peace in Painesville, several miles north of the Mormon stronghold. But according to Kirtland Justice of the Peace, John C. Dowen, "Hurlbut said he would "kill" Jo Smith. He meant he would kill Mormonism. The Mormons urged me to issue a writ against him. I did... He was brought to trial..." What probably happened was that Hurlbut and Smith brought charges against each other almost simultaneously. A combined pre-trial hearing was scheduled to take place before two Justices of the Peace in Painesville. This caused Smith to file a complaint on December 21, 1833 against Hurlbut before the Justice of the Peace in Kirtland, J. C. Dowen. A warrant for Hurlbut's arrest was issued Hurlbut appeared before the Justice of the Peace in Painesville..
[Broadhurst, Dale R., Mormon Chronology, http://olivercowdery.com/history/morchrn2.htm]