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Introduction to State of Illinois v. Finch, State of Illinois v. Finch on Habeas Corpus, and Davis v. JS et al. Mittimus, 23 November 1843 [State of Illinois v. Finch] Petition, 23 November 1843 [State of Illinois v. Finch on Habeas Corpus] Habeas Corpus, 23 November 1843 [State of Illinois v. Finch on Habeas Corpus] Habeas Corpus, 23 November 1843, Copy [State of Illinois v. Finch on Habeas Corpus] Subpoena, 24 November 1843 [State of Illinois v. Finch on Habeas Corpus] Attachment, 24 November 1843 [State of Illinois v. Finch on Habeas Corpus] Docket Entry, 23–circa 24 November 1843 [State of Illinois v. Finch on Habeas Corpus] Execution, 15 December 1843 [State of Illinois v. Finch on Habeas Corpus]

Docket Entry, 23–circa 24 November 1843 [State of Illinois v. Finch 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, 23–ca. 24 Nov. 1843, State of IL v. Finch on Habeas Corpus (Nauvoo, IL, Municipal Court 1843); Nauvoo Municipal Court Docket Book, 89–90; 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 notations 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], ca. 15 Dec. 1843 and ca. 29 Jan. 1844.

Historical Introduction

See Introduction to State of Illinois v. Finch, State of Illinois v. Finch on Habeas Corpus, and Davis v. JS et al.

Page 89

Municipal Court
State of Illinois) ss. [scilicet]
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

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

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, November 23d. A. D. 1843.
Habeus Corpus $.50
<​allowed Sheriff—​> <​1.00​>
Docketing suit .12½
Subpoena ,25
Service on Subpoena ,94
Attachment

The legal process of seizing the property of a defendant, in whatever hands the same may be found, in order to ensure satisfaction of a judgment or to coerce the defendant into appearing in court and answering the plaintiff’s claim. In some jurisdictions,...

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issued
,25
Docket fee 3,00
Swearing Witnesses ,31 <​,43¾​>
Marshal’s fees 3,55
Associate Justi[c]es fees 15.00 <​13.75​>
<​Entering final Judgment​> 25 <​25​>
Excution

“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
Costs— $24,30¼
This day came
John M. Finch

30 Sept. 1815–13 Dec. 1888. Steamboat owner, speculator, postmaster, merchant, politician. Born in Montrose, Susquehanna Co., Pennsylvania. Moved to Rock Island, Rock Island Co., Illinois, 1838, where he owned a steamboat that operated on Mississippi River...

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, 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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to have forthwith before the Municipal Court, the body of said
John M. Finch

30 Sept. 1815–13 Dec. 1888. Steamboat owner, speculator, postmaster, merchant, politician. Born in Montrose, Susquehanna Co., Pennsylvania. Moved to Rock Island, Rock Island Co., Illinois, 1838, where he owned a steamboat that operated on Mississippi River...

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, upon said Writ of Habeus Corpus: said Writ of Habeus Corpus was issued by the
Clerk

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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, in accordance with the prayer of the petitioner.
Friday Morning 10 o’clock November 24th 1843
Special Term.
Present Joseph Smith Chief Justice, Aldermen
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.,...

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,
Geo. 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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,
Hiram Kimball

31 May 1806–27 Apr. 1863. Merchant, iron foundry operator, mail carrier. Born in West Fairlee, Orange Co., Vermont. Son of Phineas Kimball and Abigail. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, 1833, and established several stores. Married ...

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,
Geo. 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
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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. Associate Justices,
The
Marshal

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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made his return on the original Writ, which Writ, with the return thereon is now on file.
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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made his return on the copy of the original writ served on him, with the body of the prisoner before the court, which copy with the return is now on file.
A copy of the commitment by which the
petitioner

30 Sept. 1815–13 Dec. 1888. Steamboat owner, speculator, postmaster, merchant, politician. Born in Montrose, Susquehanna Co., Pennsylvania. Moved to Rock Island, Rock Island Co., Illinois, 1838, where he owned a steamboat that operated on Mississippi River...

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commitment by which the
petitioner

30 Sept. 1815–13 Dec. 1888. Steamboat owner, speculator, postmaster, merchant, politician. Born in Montrose, Susquehanna Co., Pennsylvania. Moved to Rock Island, Rock Island Co., Illinois, 1838, where he owned a steamboat that operated on Mississippi River...

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was held in custody; together with the petition, are on file,
Then came the petitioner
John M. Finch

30 Sept. 1815–13 Dec. 1888. Steamboat owner, speculator, postmaster, merchant, politician. Born in Montrose, Susquehanna Co., Pennsylvania. Moved to Rock Island, Rock Island Co., Illinois, 1838, where he owned a steamboat that operated on Mississippi River...

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by his Attorney
George P. Stiles

18 July 1816–Sept. 1885. Attorney, judge, politician. Born in Watertown, Jefferson Co., New York. Son of John Stiles and Persis Cole. Moved to Le Ray, Jefferson Co., by 1820. Moved to Pamela, Jefferson Co., by 1830. Married first Julian Mackemer, 7 Nov. 1841...

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and moved the court to dispense with the errors of the original papers, and proceed to trial on the merits of the cause, which was objected to by the city Attorney
S[idney] Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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. Court decided ther to hear the whole matter.
The City Attorney,
S. Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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, moved <​for​> a
Nole prosequi

“An entry made on the record, by which the prosecutor or plaintiff declares that he will proceed no further.”

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. The court decided that the
city Attorney

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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was out of his place, and <​that​> his motion could not be carried.
Amos Davis

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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, Major Russel,
W[illiam] H. Rollosson

8 Jan. 1820–9 Oct. 1864. Merchant, politician, military officer. Born in Williamsburg, James City and York counties, Virginia. Attended Williams College, 1837–1839, in Williamstown, Berkshire Co., Massachusetts. Moved to Nauvoo, Hancock Co., Illinois, ca....

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,
J[oseph] H. Jackson

?–? Moved to Nauvoo, Hancock Co., Illinois, by fall 1842. Moved to Carthage, Hancock Co., winter 1842–1843. Returned to Nauvoo, spring 1843. Hired to sell land for JS, 20 May 1843. Appointed aide-de-camp to lieutenant general in Nauvoo Legion, by 5 Jan. 1844...

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and
R[obert] D. Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

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sworn and testified: also
Pulaski Cahoon

18 Sept. 1820–15 Feb. 1892. Liquor merchant, shoe and boot retailer, harness maker. Born in Harpersfield, Ashtabula Co., Ohio. Son of Reynolds Cahoon and Thirza Stiles. Moved near Kirtland, Geauga Co., Ohio, 1825. Baptized into Church of Jesus Christ of Latter...

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, & Henry Marr. Sworn
Attachment was issued for Mrs Elvira Davis; but <​she was​> not found.
Court adjourned for dinner at 1¼. o clock P.M. until 3. Court met at 3 o’clock P.M. according to adjournment. As in the morning except
Hiram Kimball

31 May 1806–27 Apr. 1863. Merchant, iron foundry operator, mail carrier. Born in West Fairlee, Orange Co., Vermont. Son of Phineas Kimball and Abigail. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, 1833, and established several stores. Married ...

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. who was absent. [p. 89]
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Source Note

Document Transcript

Page 89

Document Information

Related Case Documents
Editorial Title
Docket Entry, 23–circa 24 November 1843 [State of Illinois v. Finch on Habeas Corpus]
ID #
10552
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Willard Richards

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