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Introduction to Niswanger v. Greene Docket Entry, circa 4–18 December 1840 [Niswanger v. Greene]

Docket Entry, circa 4–18 December 1840 [Niswanger v. Greene]

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....

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], Hancock Co., IL, ca. [4]–18 Dec. 1840, Niswanger v. Greene (Hancock Co., IL, Justice of the Peace Court, 1840); Daniel H. Wells, Docket Book, 90; handwriting of
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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; CHL.

Historical Introduction

See Introduction to Niswanger v. Greene.

Page 90

State of Illinois)
Wm Niswanger

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vs
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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)
John P Green[e]

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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Action of Debt

An action in debt is a common-law remedy designed “for the recovery of a sum certain.” Debt is a “more extensive remedy for the recovery of money, than assumpsit or covenant, for it lies to recover money due upon legal liabilities, as for money lent, paid...

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brot on Book acc[oun]t
Demand $71.25
Jus Cert
56½
43¾
12
1 12¼
cons[table] fees
.37½
Sub[poenas] 30
67½
1 79
Witn[ess] fees
Pt $3.50
5 29
Jus cos
1 12½
const cost
68¾
Witn
$5.31¼
1 on recpt
4.31
Cost paid to me this 30th day of Jan 1841
Upon the oath of the
Plaintiff

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that unless the
Defendant

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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be held to bail imediately there is danger of the above Demand being lost
Capias

Latin for “that you take”; a writ or process commanding a sheriff or other officer to take a defendant into legal custody. Each use of this term is adapted to the purposes indicated by additional words used for its designation. When a summons was not the ...

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issued returnable in case
special bail

“Persons who undertake generally that if the defendant be condemned in the action, he shall satisfy the debt, costs, and damages . . . or that they will do it for him.” A plaintiff could initiate a civil suit by summons, which simply notified the defendant...

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be entered on the 11th day of Dec. inst at ten oclock A M Subpena iss to
David Dort

6 Jan. 1793–10 Mar. 1841. Farmer, miller. Born at Gilsum, Cheshire Co., New Hampshire. Son of John Dort and Elishaba Briggs. Married first JS’s cousin Mary (Polly) Mack, 2 June 1813, at Gilsum. After Mary’s death, married her sister Fanny Mack. Moved to Pontiac...

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officer [Lewis] Robison, December 5th <​7th​> A D 1840
Capias returned by const. special bail entered by Joseph Smith <​sworn in my office​> December 4th A D 1840
December 11th A D 1840 the parties appeared and said that they were ready for trial
David Dort

6 Jan. 1793–10 Mar. 1841. Farmer, miller. Born at Gilsum, Cheshire Co., New Hampshire. Son of John Dort and Elishaba Briggs. Married first JS’s cousin Mary (Polly) Mack, 2 June 1813, at Gilsum. After Mary’s death, married her sister Fanny Mack. Moved to Pontiac...

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A[lbert] P Rockwood

9 June 1805–25 Nov. 1879. Stonecutter, merchant, prison warden. Born in Holliston, Middlesex Co., Massachusetts. Son of Luther Rockwood and Ruth Perry. Married Nancy Haven, 4 Apr. 1827. Baptized into Church of Jesus Christ of Latter-day Saints by Brigham ...

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Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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H[enry] G Sherwood

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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Wm Law

8 Sept. 1809–12/19 Jan. 1892. Merchant, millwright, physician. Born in Co. Tyrone, Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co...

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R[obert] B Thompson

1 Oct. 1811–27 Aug. 1841. Clerk, editor. Born in Great Driffield, Yorkshire, England. Methodist. Immigrated to Upper Canada, 1834. Baptized into Church of Jesus Christ of Latter-day Saints by Parley P. Pratt, May 1836, in Upper Canada. Ordained an elder by...

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J[ohn] F Weld

11 Dec. 1809–28 July 1892. Physician, surgeon. Born in Berkshire, Franklin Co., Vermont. Son of Daniel Weld and Lydia Fuller. Moved to Cornish, Cheshire Co., New Hampshire, by 1810. Moved to Sonora Township, Hancock Co., Illinois, 1827. Attended Dartmouth...

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were sworn as witnesses in the above case after hearing part of the testimony the
Defendant

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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brought in an order from J Smith for fifty Dollars as a sett off beside his other act &C as per papers filed upon which it is adjudged the case stands adjourned until the 18th inst at ten oclock A M for the
Plaintiff

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to prepare himself for trial all the witnesses claimed attendance
December 18th A D 1840 R W Lyons on the part of the
Plaintiff

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and withdrew the suit at his own cost saying that the parties had comprised the case
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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, J,P,
Received of
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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all papers filed as an offsett to the above
J P Green

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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Decided on this 18th of Dec 1840 [p. 90]
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Source Note

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Page 90

Document Information

Related Case Documents
Editorial Title
Docket Entry, circa 4–18 December 1840 [Niswanger v. Greene]
ID #
14330
Total Pages
1
Print Volume Location
Handwriting on This Page
  • Daniel H. Wells

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