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Introduction to Dana v. Brink Summons, 14 February 1843 [Dana v. Brink] Subpoena, 15 February 1843 [Dana v. Brink] Subpoena, 18 February 1843 [Dana v. Brink] Subpoena, 23 February 1843 [Dana v. Brink] Subpoena, 27 February 1843 [Dana v. Brink] Bill of Particulars, circa 2 March 1843 [Dana v. Brink] Execution, 10 March 1843 [Dana v. Brink] Trial Report, 4–22 March 1843 [Dana v. Brink] Bond, 29 March 1843 [Dana v. Brink] Notice of Appeal, 31 March 1843 [Dana v. Brink] Subpoena, 4 April 1843 [Dana v. Brink] Subpoena, 7 April 1843 [Dana v. Brink] Supersedeas, 8 April 1843 [Dana v. Brink] Subpoena, 13 April 1843 [Dana v. Brink] Attachment, 19 April 1843 [Dana v. Brink] Docket Entry, between 31 March and circa 19 April 1843 [Dana v. Brink] Execution, 10 May 1843 [Dana v. Brink] Execution, 2 October 1843 [Dana v. Brink] Bond, 16 May 1843 [Dana v. Brink] Supersedeas, 16 May 1843 [Dana v. Brink] Docket Entry, Motions, 18 May 1843 [Dana v. Brink] Docket Entry, Motion Overruled and Continuance, 27 May 1843 [Dana v. Brink] Praecipe, 24 August 1843 [Dana v. Brink] Subpoena, 25 August 1843 [Dana v. Brink] Praecipe, circa 15 September 1843 [Dana v. Brink] Subpoena, 15 September 1843–A [Dana v. Brink] Subpoena, 15 September 1843–B [Dana v. Brink] Notice, 29 September 1843 [Dana v. Brink] Summons, 30 September 1843 [Dana v. Brink] Certiorari, 30 September 1843 [Dana v. Brink] Motion, 16 October 1843–A [Dana v. Brink] Motion, 16 October 1843–B [Dana v. Brink] Docket Entry, Motions, 16 October 1843 [Dana v. Brink] Docket Entry, Motions Overruled, 17 October 1843 [Dana v. Brink] Praecipe, 18 October 1843–A [Dana v. Brink] Praecipe, 18 October 1843–B [Dana v. Brink] Subpoena, 18 October 1843–A [Dana v. Brink] Subpoena, 18 October 1843–B [Dana v. Brink] Affidavit, 20 October 1843–A [Dana v. Brink] Affidavit, 20 October 1843–B [Dana v. Brink] Affidavit, 20 October 1843–C [Dana v. Brink] Affidavit, 20 October 1843–D [Dana v. Brink] Affidavit, 20 October 1843–E [Dana v. Brink] Docket Entry, Continuance, 20 October 1843 [Dana v. Brink] Praecipe, 5 November 1843 [Dana v. Brink] Subpoena, 25 November 1843–A [Dana v. Brink] Subpoena, 25 November 1843–B [Dana v. Brink] Praecipe, 6 March 1844 [Dana v. Brink] Subpoena, 11 March 1844–A [Dana v. Brink] Subpoena, 11 March 1844–B [Dana v. Brink] Subpoena, 11 March 1844–C [Dana v. Brink] Praecipe, 18 May 1844 [Dana v. Brink] Subpoena, 18 May 1844 [Dana v. Brink] Attachment, 20 May 1844–A [Dana v. Brink] Attachment, 20 May 1844–B [Dana v. Brink] Attachment, 20 May 1844–C [Dana v. Brink] Subpoena, 21 May 1844 [Dana v. Brink] Affidavit, 22 May 1844–A [Dana v. Brink] Affidavit, 22 May 1844–B [Dana v. Brink] Affidavit, 22 May 1844–C [Dana v. Brink] Docket Entry, Discharge from Attachment, 22 May 1844 [Dana v. Brink] Docket Entry, Jury Impaneled, 22 May 1844 [Dana v. Brink] Affidavit, 23 May 1844 [Dana v. Brink] Verdict, 23 May 1844 [Dana v. Brink] Docket Entry, Verdict and Motion, 23 May 1844 [Dana v. Brink] Motions, circa 23 May 1844 [Dana v. Brink] Docket Entry, Motions, 24 May 1844 [Dana v. Brink] Docket Entry, circa 27 May 1844 [Dana v. Brink] Docket Entry, Motions Overruled and Verdict Sustained, 27 May 1844 [Dana v. Brink] Praecipe, circa 27 May 1844 [Dana v. Brink] Case File Wrapper, circa May 1844 [Dana v. Brink] Docket Entry, Judgment, between 20 July and circa 18 October 1844 [Dana v. Brink] Docket Entry, Fee Bill, between 20 July and circa 18 October 1844 [Dana v. Brink]

Affidavit, 20 October 1843–E [Dana v. Brink]

Source Note

William Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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, Affidavit, before
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

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on behalf of
Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

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, [
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
], Hancock Co., IL, 20 Oct. 1843, Dana v. Brink (Hancock Co., IL, Circuit Court 1844); handwriting of
William Marr

5 Feb. 1817–5 Sept. 1844. Lawyer. Born in Scarborough, Cumberland Co., Maine. Son of Robert P. Marr and Olive Plaisted. Graduated from Bowdoin College, 1839, in Brunswick, Cumberland Co. Graduated from Harvard Law School, 1842. Moved to Nauvoo, Hancock Co...

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; signature of
William Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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; certified by
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

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on behalf of
Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

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, 20 Oct. 1843; docket and notation by
Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

View Full Bio
, [
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
, Hancock Co., IL], 20 Oct. 1843; notation by unidentified scribe, [
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, IL], [ca. 20 Oct. 1843]; four pages; Hancock County Legal Papers, 1830–1868, BYU.

Historical Introduction

See Introduction to Dana v. Brink.

Page [1]

Charles R Dana

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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)
vs)
William B. Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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)
Hancock

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
Circuit Court Oct. term AD 1843
I
William B. Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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, the defendant in the above entitled cause, of the County of
Hancock

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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and State of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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of lawful age being duly sworn do depose and say that there are two individuals <​to wit Catharine Wilkey and Matilda Stafford​> that are material witnesses for
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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in this cause without whose testimony <​
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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​> I cannot safely proceed to the trial thereof that said witnesses reside at
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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in the County of
Hancock

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
that or about the first of October AD 1843. this
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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<​by the order of the
Clerk

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

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of the Court​> sent to the place of residence of the said witnesses for the purpose of having them served with a subpena in this cause, but one of said witnesses Mrs. Catharine Wilkey <​as appears by return of said Subpena could not be foun[d] in said
county

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
​> was <​being​> absent on a visit to
New York

Located in northeast region of U.S. Area settled by Dutch traders, 1620s; later governed by Britain, 1664–1776. Admitted to U.S. as state, 1788. Population in 1810 about 1,000,000; in 1820 about 1,400,000; in 1830 about 1,900,000; and in 1840 about 2,400,...

More Info
, whither she had gone some time in May last and from whence she is not expected to return untill some time after the expiration of the present term of this Court as this
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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is informed and verily believes to be true— that
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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hopes and expects to procure the attendance of the said Catharine Wilkey at the next term of this Court— by which witness
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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expect to show the state of health of the
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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of said
Plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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at the time
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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was called to render medical service to said
Plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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and for a long time previous and subsequent to his attendance as Physican on said
Plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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— that said witness Catharine Wilkey was intimately acquainted with
Plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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s
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

View Full Bio
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Related Case Documents
Editorial Title
Affidavit, 20 October 1843–E [Dana v. Brink]
ID #
7202
Total Pages
4
Print Volume Location
Handwriting on This Page
  • William Marr

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