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Introduction to C. A. Foster v. JS and Coolidge Ordinance, 1 March 1841–D, Thomas Bullock Copy Ordinance, 1 March 1841–E, Thomas Bullock Copy Praecipe, 9 May 1844 [C. A. Foster v. JS and Coolidge] Summons, 9 May 1844 [C. A. Foster v. JS and Coolidge] Declaration, circa 9 May 1844 [C. A. Foster v. JS and Coolidge] Praecipe, 10 May 1844 [C. A. Foster v. JS and Coolidge] Subpoena, 10 May 1844 [C. A. Foster v. JS and Coolidge] Praecipe, circa 20 May 1844 [C. A. Foster v. JS and Coolidge] Subpoena, 21 May 1844 [C. A. Foster v. JS and Coolidge] Demurrer, circa 21 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Demurrer, 22 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Demurrer, 22 May 1844, Copy [C. A. Foster v. JS and Coolidge] Affidavit, 23 May 1844 [C. A. Foster v. JS and Coolidge] Affidavit, 24 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Withdrawn Demurrer, 27 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Withdrawn Demurrer, 27 May 1844, Copy [C. A. Foster v. JS and Coolidge] Pleas, circa 27 May 1844 [C. A. Foster v. JS and Coolidge] Affidavit, 28 May 1844–A [C. A. Foster v. JS and Coolidge] Affidavit, 28 May 1844–B [C. A. Foster v. JS and Coolidge] Docket Entry, Motion, Change of Venue, and Pleas, 28 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Motion, Change of Venue, and Pleas, 28 May 1844, Copy [C. A. Foster v. JS and Coolidge] Demurrer, circa 28 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Sustained Demurrer, 29 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Sustained Demurrer, 29 May 1844, Copy [C. A. Foster v. JS and Coolidge] Bill of Costs, 10 August 1844–A [C. A. Foster v. JS and Coolidge] Bill of Costs, 10 August 1844–B [C. A. Foster v. JS and Coolidge] Transcript of Proceedings, 10 August 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Fee Bill, between 16 August and circa 24 October 1844 [C. A. Foster v. JS and Coolidge] Case File Wrapper, circa October 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Certificate of Levy, 4 November 1844 [C. A. Foster v. JS and Coolidge] Praecipe, circa 13 August 1844 [C. A. Foster v. JS and Coolidge] Subpoena, 14 August 1844 [C. A. Foster v. JS and Coolidge] Affidavit, 26 August 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Dismissal, 27 August 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, circa 27 August 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Dismissal, circa August 1844 [C. A. Foster v. JS and Coolidge]

Demurrer, circa 21 May 1844 [C. A. Foster v. JS and Coolidge]

Source Note

Almon Babbitt

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

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,
Onias Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

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, and
George Bachman

ca. 1802–after Mar. 1857. Possibly born in New York. Son of Jacob Bachman and Sarah Borzenbanack. Practiced law in Springfield, Sangamon Co., Illinois, and in Hancock Co., Illinois, 1840s. Member of jury that testified about manner of deaths of JS and Hyrum...

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on behalf of JS and
Joseph W. Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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, Demurrer,
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. [21] May 1844, C. A. Foster v. JS and Coolidge (Hancock Co., IL, Circuit Court 1844); handwriting of
Almon Babbitt

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

View Full Bio
and
Onias Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

View Full Bio
; docket by
Almon Babbitt

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

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, ca. 21 May 1844]; 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...

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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], 22 May 1844; notation by James M. Campbell, [
Macomb

Incorporated as city, 1841. McDonough Co. seat. JS’s brother Don Carlos Smith lived nearby Macomb, 1839. Branch of church organized in city, June 1839.

More Info
, McDonough Co., IL], 12 Aug. 1844; two pages; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb.

Historical Introduction

See Introduction to C. A. Foster v. JS and Coolidge.

Page [1]

Almon Babbitt handwriting begins.


State of Illinois)
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
)
Charles A Foster

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

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)
vs)
Trespass vi et armis

“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,...

View Glossary
)
Joseph Smith)
Joseph W Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

View Full Bio
)
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
May Term 1844
and the said defendants by their attorneys comes and defends the wrong and injury complained of by the
plaintiff

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

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and says that the
declaration

English common law courts developed a complex process of pleading in civil suits that required the parties to file a series of legal documents, or pleadings, in order to define the dispute precisely. Courts in England’s American colonies and, later, in the...

View Glossary
and the matters therein contained in manner and form as the same are above stated and set forth are not sufficient in law for said
Plaintiff

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

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to have or maintain his aforesaid
action

In civil practice: a legal demand for the recovery of what is due. In criminal law: a governmental prosecution in a court of justice against one or more individuals accused of a crime.

View Glossary
thereof against the said defendants and they the said defendants are not bound by law to answer the same and this they are ready to verify wherefore by reason of the insufficiency of the said declaration [3 words illegible] <​in this [illegible]​> in this behalf the said defendnts prays Judgement and that the said
plaintiff

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

View Full Bio
may be barred from being or maintaining his aforesaid thereof against him
[Almon] Babbitt

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

View Full Bio
[Onias] Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

View Full Bio
Backman [George Bachman]

ca. 1802–after Mar. 1857. Possibly born in New York. Son of Jacob Bachman and Sarah Borzenbanack. Practiced law in Springfield, Sangamon Co., Illinois, and in Hancock Co., Illinois, 1840s. Member of jury that testified about manner of deaths of JS and Hyrum...

View Full Bio
Atty for Defts

Almon Babbitt handwriting ends; Onias Skinner begins.


Joinder in
demurrer

English common law courts developed a complex process of pleading in civil suits that required the parties to file a series of legal documents, or pleadings, in order to define the dispute precisely. Courts in England’s American colonies and, later, in the...

View Glossary
Warren & Higbee [p. [1]]
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Source Note

Document Transcript

Page [1]

Document Information

Related Case Documents
Editorial Title
Demurrer, circa 21 May 1844 [C. A. Foster v. JS and Coolidge]
ID #
4896
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Almon Babbitt
  • Onias Skinner

Footnotes

  1. new scribe logo

    Almon Babbitt handwriting begins.

  2. new scribe logo

    Almon Babbitt handwriting ends; Onias Skinner begins.

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