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Introduction to Dana v. Brink Bond, 16 May 1843, Copy [Dana v. Brink et al.] Praecipe, 17 September 1844–A [Dana v. Brink et al.] Praecipe, 17 September 1844–B [Dana v. Brink et al.] Summons, 17 September 1844 [Dana v. Brink et al.] Declaration, circa 21 September 1844 [Dana v. Brink et al.] Docket Entry, Judgment and Scire Facias, 23 October 1844 [Dana v. Brink et al.] Case File Wrapper, circa October 1844 [Dana v. Brink et al.] Praecipe, 14 November 1844 [Dana v. Brink et al.] Docket Entry, Fieri Facias, between 20 November 1844 and circa 18 February 1845 [Dana v. Brink et al.] Scire Facias, 23 December 1844 [Dana v. Brink et al.] Docket Entry, circa 23 December 1844 [Dana v. Brink et al.] Docket Entry, Alias Scire Facias and Continuance, 21 May 1845 [Dana v. Brink et al.] Alias Scire Facias, 5 June 1845 [Dana v. Brink et al.] Docket Entry, Pluries Scire Facias and Continuance, 21 October 1845 [Dana v. Brink] Pluries Scire Facias, 10 January 1846 [Dana v. Brink et al.] Docket Entry, Alias Pluries Scire Facias, 19 May 1846 [Dana v. Brink et al.] Docket Entry, Dismissal, 19 October 1846 [Dana v. Brink et al.] Docket Entry, circa 19 October 1846 [Dana v. Brink et al.] Case File Wrapper, circa October 1846 [Dana v. Brink et al.]

Alias Scire Facias, 5 June 1845 [Dana v. Brink et al.]

Source Note

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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,
Alias

“Otherwise called”; a word that is “prefixed to the name of a second writ of the same kind issued in the same cause,” such as alias fieri facias.

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Scire Facias

A writ “founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the advantage of such record.” Examples of its use were to revive a judgment not yet executed, “in order to give an opportunity to the defendant ...

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, to
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
Sheriff [
Miner R. Deming

24 Feb. 1810–10 Sept. 1845. Teacher, farmer. Born in Sharon, Litchfield Co., Connecticut. Son of Stephen Deming and Sarah Buel. Moved to Cincinnati, 1836. Married Abigail Barnum, 2 Aug. 1836, in Danbury, Fairfield Co., Connecticut. Moved to St. Mary’s Township...

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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...

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, Hancock Co., IL, 5 June 1845, Dana v. Brink et al. (Hancock Co., IL, Circuit Court 1844); handwriting of
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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; docket 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...

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], [5 June 1845]; notation by
Miner R. Deming

24 Feb. 1810–10 Sept. 1845. Teacher, farmer. Born in Sharon, Litchfield Co., Connecticut. Son of Stephen Deming and Sarah Buel. Moved to Cincinnati, 1836. Married Abigail Barnum, 2 Aug. 1836, in Danbury, Fairfield Co., Connecticut. Moved to St. Mary’s Township...

View Full Bio
, [
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], 23 June 1845; notation 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...

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], 27 June 1845; three pages; Hancock County Courthouse, Carthage, IL; microfilm at FHL. Includes seal.

Historical Introduction

See Introduction to Dana v. Brink.

Page [1]

State of Illinois) Sct [scilicet]
Hancock 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
)
The People of the 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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To the
Sheriff

24 Feb. 1810–10 Sept. 1845. Teacher, farmer. Born in Sharon, Litchfield Co., Connecticut. Son of Stephen Deming and Sarah Buel. Moved to Cincinnati, 1836. Married Abigail Barnum, 2 Aug. 1836, in Danbury, Fairfield Co., Connecticut. Moved to St. Mary’s Township...

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of 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
Greeting
Whereas
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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, on the 21st. day of September A D 1844. filed in the Circuit Court for the said 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
, in 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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s Office thereof his declaration against
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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,
Jonah R Ball

4 Aug. 1803–5 Apr. 1845. Farmer. Born in Shutesbury, Franklin Co., Massachusetts. Son of Jonas Ball and Elizabeth (Betsey) Warren. Married Sophronia Hoar, 13 May 1832, in Vernon, Windham Co., Vermont. Moved to Nauvoo, Hancock Co., Illinois, by July 1843. ...

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and
Moses Smith

23 Mar. 1800–15 May 1849. Frontiersman, postmaster, merchant, lumberman. Born in Bennington Co., Vermont. Married Lydia Perce, 1825, in Madison Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 19 Aug. 1832. Credited with settling ...

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. And thereupon sued out of our said Circuit Court on the said fourteenth day of September A D 1844 a Certain writ of Summons, against the said
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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,
Jonah R Ball

4 Aug. 1803–5 Apr. 1845. Farmer. Born in Shutesbury, Franklin Co., Massachusetts. Son of Jonas Ball and Elizabeth (Betsey) Warren. Married Sophronia Hoar, 13 May 1832, in Vernon, Windham Co., Vermont. Moved to Nauvoo, Hancock Co., Illinois, by July 1843. ...

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and
Moses Smith

23 Mar. 1800–15 May 1849. Frontiersman, postmaster, merchant, lumberman. Born in Bennington Co., Vermont. Married Lydia Perce, 1825, in Madison Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 19 Aug. 1832. Credited with settling ...

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, which said writ of Summons, was afterwards to wit, on the fourth day of October A D 1844, returned by the
Sheriff

24 Feb. 1810–10 Sept. 1845. Teacher, farmer. Born in Sharon, Litchfield Co., Connecticut. Son of Stephen Deming and Sarah Buel. Moved to Cincinnati, 1836. Married Abigail Barnum, 2 Aug. 1836, in Danbury, Fairfield Co., Connecticut. Moved to St. Mary’s Township...

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of said 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
with the following endorsement thereon to wit,
“I have served the within Summons by reading the same to the within named
Jonah R Ball

4 Aug. 1803–5 Apr. 1845. Farmer. Born in Shutesbury, Franklin Co., Massachusetts. Son of Jonas Ball and Elizabeth (Betsey) Warren. Married Sophronia Hoar, 13 May 1832, in Vernon, Windham Co., Vermont. Moved to Nauvoo, Hancock Co., Illinois, by July 1843. ...

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on this 4th October A D 1844,”
M[iner] R Deming

24 Feb. 1810–10 Sept. 1845. Teacher, farmer. Born in Sharon, Litchfield Co., Connecticut. Son of Stephen Deming and Sarah Buel. Moved to Cincinnati, 1836. Married Abigail Barnum, 2 Aug. 1836, in Danbury, Fairfield Co., Connecticut. Moved to St. Mary’s Township...

View Full Bio
Sheriff
H C

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
Ills.
By T[imothy] Gridley Jr Deputy
“I Cannot in my
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
, find the within named
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...

View Full Bio
,
Moses Smith

23 Mar. 1800–15 May 1849. Frontiersman, postmaster, merchant, lumberman. Born in Bennington Co., Vermont. Married Lydia Perce, 1825, in Madison Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 19 Aug. 1832. Credited with settling ...

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on this 4th of October A D 1844.
M R Deming

24 Feb. 1810–10 Sept. 1845. Teacher, farmer. Born in Sharon, Litchfield Co., Connecticut. Son of Stephen Deming and Sarah Buel. Moved to Cincinnati, 1836. Married Abigail Barnum, 2 Aug. 1836, in Danbury, Fairfield Co., Connecticut. Moved to St. Mary’s Township...

View Full Bio
Sheriff
HC

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
Ills
By T Gridley Jr. Depty
And whereas afterwards, to wit, on the Twenty third day of October A D 1844, such proceedings were thereupon had that the said
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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, in our said Circuit Court recovered a Judgment against the said
Jonah R Ball

4 Aug. 1803–5 Apr. 1845. Farmer. Born in Shutesbury, Franklin Co., Massachusetts. Son of Jonas Ball and Elizabeth (Betsey) Warren. Married Sophronia Hoar, 13 May 1832, in Vernon, Windham Co., Vermont. Moved to Nauvoo, Hancock Co., Illinois, by July 1843. ...

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impleaded with
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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and
Moses Smith

23 Mar. 1800–15 May 1849. Frontiersman, postmaster, merchant, lumberman. Born in Bennington Co., Vermont. Married Lydia Perce, 1825, in Madison Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 19 Aug. 1832. Credited with settling ...

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for the sum of Two Hundred and sixty Eight Dollars and Ninety Eight and one half Cents damages, besides his Cost. about his suit in that behalf expended as appears to us of Record, upon the Record of which Judgment a Memorandum is entered in the words and figures following to wit, “Which may be discharged upon the payment of the damages aforesaid and that he have
execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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for the Damages and Costs aforesaid” [p. [1]]
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Related Case Documents
Editorial Title
Alias Scire Facias, 5 June 1845 [Dana v. Brink et al.]
ID #
5958
Total Pages
3
Print Volume Location
Handwriting on This Page
  • David E. Head

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