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Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B Praecipe, 1 May 1844 [F. M. Higbee v. JS–A] Affidavit, 1 May 1844 [F. M. Higbee v. JS–A] Capias ad Respondendum, 1 May 1844 [F. M. Higbee v. JS–A] Capias ad Respondendum, 1 May 1844, Copy [F. M. Higbee v. JS–A] Docket Entry, Dismissal, 23 May 1844 [F. M. Higbee v. JS–A] Docket Entry, Fee Bill, between 16 August and circa 14 November 1844 [F. M. Higbee v. JS–A] Docket Entry, Fieri Facias, between 11 September and circa 9 December 1844 [F. M. Higbee v. JS–A] Docket Entry, between 23 May 1844 and circa 15 April 1845 [F. M. Higbee v. JS–A] Certificate, 23 February 1846 [F. M. Higbee v. JS–A] Certificate, 23 February 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption–A [F. M. Higbee v. JS–A] Certificate, 23 February 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption–B [F. M. Higbee v. JS–A] Certificate, 2 April 1846 [F. M. Higbee v. JS–A] Petition to Nauvoo Municipal Court, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Habeas Corpus, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Habeas Corpus, 6 May 1844, Copy [F. M. Higbee v. JS–A on Habeas Corpus] Notice, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Summons, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Subpoena, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Account of Hearing, 8 May 1844, Copy [F. M. Higbee v. JS–A on Habeas Corpus] Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Trial Report Draft, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Trial Report, 12–15 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Trial Report, 12–15 May 1844, as Published in Times and Seasons [F. M. Higbee v. JS–A on Habeas Corpus] Execution, 4 June 1844 [F. M. Higbee v. JS–A on Habeas Corpus]

Capias ad Respondendum, 1 May 1844, Copy [F. M. Higbee v. JS–A]

Source Note

on behalf of , Capias ad Respondendum, to Sheriff [], for JS, , Hancock Co., IL, 1 May 1844, F. M. Higbee v. JS–A (Hancock Co., IL, Circuit Court 1844). Featured version copied between 6 and 8 May 1844; handwriting of ; docket and notations by , [], Hancock Co., IL, [1] May 1844; notation by , 8 May 1844; two pages; JS Collection (Supplement), CHL. Includes seal, docket, and notations.
Single leaf measuring 9¾ × 7⅞ inches (25 × 20 cm). The paper is ruled with twenty-nine horizontal lines printed in blue ink. The document was trifolded and docketed for filing.
The document was filed by , who served as JS’s scribe from December 1841 until JS’s death in June 1844 and served as church historian from December 1842 until his own death in March 1854. The Church Historical Department (now CHL) published a register of the JS Collection in 1973. However, the department’s staff continued to locate documents authored by or directed to JS in uncataloged church financial records and in name and subject files. The department also acquired additional JS documents from donors, collectors, and dealers. These newly located and acquired documents were kept together in a supplement to the JS Collection that was closed to further acquisitions in 1984 and was named the JS Collection (Supplement), 1833–1844. The document’s notation and later inclusion in the JS Collection Supplement suggest continuous institutional custody.

Footnotes

  1. [1]

    JS, Journal, 13 Dec. 1841 and 21 Dec. 1842; Orson Spencer, “Death of Our Beloved Brother Willard Richards,” Deseret News (Salt Lake City), 16 Mar. 1854, [2].

    Deseret News. Salt Lake City. 1850–.

  2. [2]

    See the full bibliographic entry for JS Collection (Supplement), 1833–1844, in the CHL catalog. A preliminary inventory of the supplement was created in 1992 and its cataloging was finalized in 2017.

Historical Introduction

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. History, 1838–1856, volume F-1 [1 May 1844–8 August 1844] “History of Joseph Smith” Capias ad Respondendum, 1 May 1844 [ F. M. Higbee v. JS–A ]
Capias ad Respondendum, 1 May 1844, Copy [ F. M. Higbee v. JS–A ]
Trial Report, 12–15 May 1844 [ F. M. Higbee v. JS–A on Habeas Corpus ] Trial Report, 12–15 May 1844, as Published in Times and Seasons [ F. M. Higbee v. JS–A on Habeas Corpus ] Plea, 20 May 1844 [ F. M. Higbee v. JS–B ]

Page [1]

State of Illinois) ss
)
To the people of the State of
To the of said : Greeting:
We command you that you take Joseph Smith if to be found in your and him safely keep, so that you have his body before the Circuit Court of said County of on the first day of the next term thereof, to be holden at the Court House in on the third monday in the month of May inst: to answer of a plea of the case damage the sum of five thousand dollars as he says. And you have then there this Writ and make return thereon in what manner you execute the same—
Seal
Witness Clerk of said Circuit Court at this First day of May in the year of our Lord one thousand eight hundred and forty four
Clerk
By Depy [1/2 page blank] [p. [1]]
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Document Information

Related Case Documents
Editorial Title
Capias ad Respondendum, 1 May 1844, Copy [F. M. Higbee v. JS–A]
ID #
2002
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Thomas Bullock

Footnotes

  1. [1]

    “Ss” is an abbreviation for the Latin scilicet, meaning “namely” or “to wit.” (“Scilicet,” in Bouvier, Law Dictionary, 2:379.)

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2nd ed. 2 vols. Philadelphia: T. and J. W. Johnson, 1843.

  2. [2]

    William Backenstos was elected sheriff of Hancock County in 1842. (Gregg, History of Hancock County, Illinois, 283, 449.)

    Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.

  3. [3]

    That is, 20 May 1844.

  4. [4]

    TEXT: “Seal” is surrounded by a hand-drawn representation of a seal.

  5. [5]

    Jacob B. Backenstos was appointed clerk of the Hancock County Circuit Court in 1843. (Gregg, History of Hancock County, Illinois, 240.)

    Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.

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