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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]

Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]

Source Note

Docket Entry,
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Hancock Co., IL, [12] May 1844, F. M. Higbee v. JS–A on Habeas Corpus (Nauvoo, IL, Municipal Court 1844); Nauvoo Municipal Court Docket Book, 95–96; handwriting of
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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; CHL. Includes notation by
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, [
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Hancock Co., IL], 4 June 1844. Includes notation by
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

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, 6 Nov. 1844.

Historical Introduction

See 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.

Page 95

Municipal Court
State of Illinois) sc[ilice]t.
City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
)
On Habeus corpus May 7 <​6​>th 1844
Docketing .12½
Habeus corpus .50
Calling Court. 1.00
Service of writ &c. .55
Sheriffs fees. <​allowed for returning prisoner​> 2.00
Subpoena issued .25
Summons for Court .25
Serving Subpoena. 1.60
Notice To
F[rancis] M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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.30 <​.25​>
Service of notice .30
Swearing 9. witnesse .56¼
9 Witness[e]s fees— 4.50
Justices fees. 18.75 <​23.75​>
Entering final jud[g]ment 25
35.88¾
Executi[o]n

“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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—
25
36.13¾
<​return of Execution​> <​12½​>
<​Marshalls fee​> <​50​>
<​36.76¼​>

Insertions in handwriting of Thomas Bullock.


This day came Joseph Smith Senior and upon the reading and filing the petition for a writ of Habeus Corpus to be directed to one
John D. Parker

22 Nov. 1799–26 Feb. 1891. Farmer, wainwright. Born in Saratoga, Saratoga Co., New York. Son of Abel Parker and Mary Davies. Served in War of 1812 as teamster in General John E. Wool’s company, 1813–1814. Married Harriet Sherwood. Moved to Galway, Saratoga...

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Deputy Sheriff of
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 ...

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to have forthwith before the Municipal Court the body of the said Joseph Smith Senior upon said writ; Said writ of Habeus Corpus was issued by the clerk in accordence with the prayer of the Petitioner
May Term.— Monday May 6th. 1844. 10 oclk A.M. Present Joseph Smith chief Justice. Aldermen
N[ewel] K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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and
Orson Spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

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associate. Justices, Adjourned to May 7th 10 o clock A. M.—
May 7th. 1844. 10 oclok A.M.
Present. Joseph Aldermen
George A Smith

26 June 1817–1 Sept. 1875. Born at Potsdam, St. Lawrence Co., New York. Son of John Smith and Clarissa Lyman. Baptized into Church of Jesus Christ of Latter-day Saints by Joseph H. Wakefield, 10 Sept. 1832, at Potsdam. Moved to Kirtland, Geauga Co., Ohio,...

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and
George W. Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

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.— Adjourned until Wednesday May 8th 1844 10, oclck. A.M.—
May 8th. 1844 10 oclock A.M.—
Present Aldemen
N. K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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,
Daniel H. Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

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,
Samuel Bennett

Ca. 1810–May 1893. Market inspector, barometer manufacturer, physician. Born in England. Married Selina Campion, 9 Aug. 1836. Baptized into Church of Jesus Christ of Latter-day Saints, by 1839, in U.S. Ordained an elder, 23 Dec. 1839, in Philadelphia. Served...

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.
Wm Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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,
Orson Spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

View Full Bio
,
George W. Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

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,
Gustavus Hills

29 Jan. 1804–18 Oct. 1846. Music teacher, engraver, jeweler, newspaper editor, judge. Born in Chatham, Middlesex Co., Connecticut. Son of Lebbeus Hills and Mary Gibson. Married Elizabeth Mansfield, 25 Dec. 1827, in Middletown, Middlesex Co. Moved to Warren...

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, &
George A Smith

26 June 1817–1 Sept. 1875. Born at Potsdam, St. Lawrence Co., New York. Son of John Smith and Clarissa Lyman. Baptized into Church of Jesus Christ of Latter-day Saints by Joseph H. Wakefield, 10 Sept. 1832, at Potsdam. Moved to Kirtland, Geauga Co., Ohio,...

View Full Bio
,
N. K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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was elected President pro tem.
Exparte. Joseph Smith Senior on Habeus Corpus
This case came before the Court upon a return to a writ of Habeus corpus, which was issued by this court, on the sixth of May instant, which writ, with the return of <​thereon​> by
Lorenzo D. Wasson

1819–28 July 1857. Born in New York. Son of Benjamin Wasson and Elizabeth Hale. Lived at Harpursville, Broome Co., New York, by 1836. Moved to Farmington, Fulton Co., Illinois, Aug. 1836; to Palestine Grove, Ogle Co. (later Amboy, Lee Co.), Illinois, Dec....

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to whom was Committed the Service is on file in the Clerk’s office.
The Petition of said Joseph Smith for said writ, is on file, together with a copy of “the “
Capias ad Respondendum

Latin for “that you take until answer”; a writ commanding an officer to arrest a defendant to answer the plaintiff’s plea. A defendant arrested on this writ was committed to prison unless a bail bond was given. The amount of bail would be endorsed on the ...

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.” from the Circuit Court, dated May 1st 1844, <​on complaint <​Action​> of
Francis M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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,​> by which said Joseph Smith was arrested. also the copy of the Habeus Corpus. and return thereon with the body of the
petitioner

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

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before the court,— Subpoena issued
Seasonable Notice was given
Francis M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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of the issueing of the Habeus Corpus. and of his privilege to appear before said court and shew cause why said Joseph Smith Senior should not be discharged, which notice with the return thereon is on file. Said
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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did not appear on the Trial.
The petitioner, Joseph Smith Senior, moved to waive the illegality of the papers and proceed to trial on the merits of the case, which motion was sustained by the Court
(carr[i]ed over)— [p. 95]
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Source Note

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Page 95

Document Information

Related Case Documents
Editorial Title
Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]
ID #
8497
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Willard Richards
  • Thomas Bullock

Footnotes

  1. new scribe logo

    Insertions in handwriting of Thomas Bullock.

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