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Introduction to JS v. Brotherton Receipt, 16 October 1841 [JS v. Brotherton] Declaration, circa 3 March 1842 [JS v. Brotherton] Summons, 4 March 1842 [JS v. Brotherton] Notice, circa 8 April 1842 [JS v. Brotherton] Dedimus, 9 April 1842 [JS v. Brotherton] John Taylor, Deposition, 17 May 1842 [JS v. Brotherton] Hyrum Smith, Deposition, 17 May 1842 [JS v. Brotherton] Orson Spencer, Deposition, 17 May 1842 [JS v. Brotherton] Lyman Wight, Deposition, 17 May 1842 [JS v. Brotherton] Henry G. Sherwood, Deposition, 17 May 1842 [JS v. Brotherton] John S. Fullmer, Deposition, 18 May 1842 [JS v. Brotherton] Depositions, 17–18 May 1842 [JS v. Brotherton] Certification, 27 May 1842 [JS v. Brotherton] Plea, circa 20 July 1842 [JS v. Brotherton] Docket Entry, Plea, 21 July 1842 [JS v. Brotherton] Braxton W. Gillock, Deposition, 21 July 1842 [JS v. Brotherton] George Beebe, Deposition, 21 July 1842 [JS v. Brotherton] William Harris, Deposition, 21 July 1842 [JS v. Brotherton] J. J. Johnson, Deposition, 21 July 1842 [JS v. Brotherton] Silas Heaight, Deposition, 21 July 1842 [JS v. Brotherton] Lyman Johnson, Deposition, 21 July 1842 [JS v. Brotherton] Depositions, 21 July 1842 [JS v. Brotherton] Notice, 20 January 1843 [JS v. Brotherton] John C. Bennett, Deposition, 24–25 January 1843 [JS v. Brotherton] Depositions, 25 January 1843 [JS v. Brotherton] Docket Entry, Dismissal, 22 September 1843 [JS v. Brotherton]

Declaration, circa 3 March 1842 [JS v. Brotherton]

Source Note

Leslie & Field on behalf of JS, Declaration, St. Louis Co., MO, ca. [3] Mar. 1842, JS v. Brotherton (St. Louis Co., MO, Circuit Court 1843); handwriting of Miran Leslie; docket and notation by Miran Leslie, [St. Louis Co., MO, ca. 3 Mar. 1842]; two pages; St. Louis County Circuit Court, Civil Case Files, MSA. Includes seal.

Historical Introduction

See Introduction to JS v. Brotherton.

Page [1]

State of Missouri) Ss [scilicet])
County of Saint Louis)
In the Saint Louis Circuit Court March Term 1842.
Joseph Smith 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 by Leslie & Field his attorneys complains of
Marshall Brotherton

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of the County of Saint Louis aforesaid in a plea of
trespass

“An unlawful act committed with violence, vi et armis, to the person, property or relative rights of another.” This could include the “carrying away, to the damage of the plaintiff,” of property. The violence may be actual or implied. “Of actual violence,...

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for that the said
defendant

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heretofore to wit on the first day of december in the year of our Lord one thousand eight hundred and forty one with force and arms to wit at the county of Saint Louis aforesaid seized took and carried away certain goods & chattels to wit fifteen Barrels of Molasses five Barrells of sugar and one Barrel of rice. three hogsheads of sugar one sack of Coffee & one Box of tea of the said plantiff of great value to wit of the value of fifteen hundred dollars there then found and being and converted and disposed of the same to his own use To the [illegible] By means whereof the said Plantiff hath been to put to great trouble and expense in traveling <​& indeavoring to​> to procure possession of said goods & chattels amounting <​in​> the whole to a large sum of money to wit the sum of one hundred dollars. And also the said plantiffs by means of the said premises hath been put to great expense in buying other goods & chattels in place of those so seized and taken as aforesaid— and to great expense and loss for the want of said goods & chattels amounting in all to the sum of five hundred dollars All which is to the damage of the said Plantiff the sum of two thousand dollars to recover which with past [p. [1]]
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Related Case Documents

JS v. Brotherton, 22 September 1843

Editorial Title
Declaration, circa 3 March 1842 [JS v. Brotherton]
ID #
19147
Total Pages
2
Print Volume Location
Handwriting on This Page
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