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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23 May 1844 [C. A. Foster v. JS and Coolidge] Affidavit, 24 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Withdrawn Demurrer, 27 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Withdrawn Demurrer, 27 May 1844, Copy [C. A. Foster v. JS and Coolidge] Pleas, circa 27 May 1844 [C. A. Foster v. JS and Coolidge] Affidavit, 28 May 1844–A [C. A. Foster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 28 May 1844 [C. A. Foster v. JS and Coolidge]

Source Note

Warren & Higbee and
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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on behalf of
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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, 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. [28] May 1844, C. A. Foster v. JS and Coolidge (Hancock Co., IL, Circuit Court 1844); handwriting probably 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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; docket probably by
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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, [
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. 28 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], 29 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]

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
)
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 A D 44
[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.
Smith &
Cooledge [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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And 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 ...

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as to the
pleas

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...

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of the said Defendants by them secondly, thirdly and fourthly above pleaded saith that the same and the matters therein contained in manner and form as the same are above plea[d]ed and set forth are not sufficient in law to bar or preclude him the said
Plantiff

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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from having or maintaining 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.

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thereof against the said defendants 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 ...

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is not bound by law to answer the same and this the said
Plantiff

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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is ready to verify— wherefore by reason of the insufficiency of the said pleas in this behalf 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 ...

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pray judgment and his damages by him sustained on occasion of the commiting of the said trespass to be adjudged to pn [plaintiff] &c—
by his Attorney Warren & Highbee &
[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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Related Case Documents
Editorial Title
Demurrer, circa 28 May 1844 [C. A. Foster v. JS and Coolidge]
ID #
4888
Total Pages
2
Print Volume Location
Handwriting on This Page
  • William Marr

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