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Introduction to Sweeney v. Miller et al. Promissory Note, 16 April 1841 [Sweeney v. Miller et al.] Praecipe, 7 April 1842 [Sweeney v. Miller et al.] Recognizance, 7 April 1842 [Sweeney v. Miller et al.] Declaration, circa 18 April 1842 [Sweeney v. Miller et al.] Declaration, circa 18 April 1842, Copy [Sweeney v. Miller et al.] Docket Entry, Judgment, 5 May 1842 [Sweeney v. Miller et al.] Scire Facias, 15 August 1842 [Sweeney v. Miller et al.] Docket Entry, Scire Facias, between 16 August and circa 27 September 1842 [Sweeney v. Miller et al.] Docket Entry, Pleas, 3 October 1842 [Sweeney v. Miller et al.] Docket Entry, Replication, 4 October 1842 [Sweeney v. Miller et al.] Docket Entry, Execution, 5 October 1842 [Sweeney v. Miller et al.] Docket Entry, circa 5 October 1842 [Sweeney v. Miller et al.] Docket Entry, Alias Fieri Facias, circa 23 April 1843 [Sweeney v. Miller et al.] Fee Bill, circa April 1843 [Sweeney v. Miller et al.] Praecipe, 15 January 1844 [Sweeney v. Miller et al.] Docket Entry, Pluries Fieri Facias, between 3 April and circa 4 May 1844 [Sweeney v. Miller et al.] Docket Entry, Fee Bill, between 17 April and 16 July 1845 [Sweeney v. Miller et al.] Assignment of Judgment, 14 August 1845 [Sweeney v. Miller et al.] Receipt, 12 November 1845 [Sweeney v. Miller et al.] Praecipe, 28 November 1845 [Sweeney v. Miller et al.] Docket Entry, Venditioni Exponas, between 16 December 1845 and circa 11 March 1846 [Sweeney v. Miller et al.] Assignment of Judgment, 4 April 1846 [Sweeney v. Miller et al.] Certificate, 4 May 1846 [Sweeney v. Miller et al.] Certificate, 4 May 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption [Sweeney v. Miller et al.] Fee Bill, circa May 1846 [Sweeney v. Miller et al.] Deed, 5 August 1847 [Sweeney v. Miller et al.]

Docket Entry, Judgment, 5 May 1842 [Sweeney v. Miller et al.]

Source Note

Docket Entry, Judgment, [
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...

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, Hancock Co., IL, 5 May 1842], Sweeney v. Miller et al. (Hancock Co., IL, Circuit Court 1842); Hancock County Circuit Court Record, vol. C, p. 262; handwriting of
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

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; Hancock County Courthouse, Carthage, IL; microfilm at FHL.

Historical Introduction

See Introduction to Sweeney v. Miller et al.

Page 262

Hugh J Sweeney)
vs)
Assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money, but not done under seal or by matter of record. Assumpsit was a form of trespass on the case.

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George Miller

25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...

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Joseph Smith)
Hiram [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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&
Peter Haws

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

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This day came the plaintiff by his attorney and the Defendants <​Joseph Smith
Hiram 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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&
Peter Haws

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

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​> being three times solemly called came not nor any person for them but made default whereupon it is considered by the court that the plaintiff have and recover of the Defendants his damages and as those damages are unknown to the court it is ordered that the
clerk

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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assess the same and the
clerk

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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having assessed the same at the sum of Fifty Eight dollars and ninety seven cents which being exhibited to and approved of by the Court It is ordered that the plaintiff have and recover of the Defendants the said sum of fifty Eight dollars & ninety seven cents his damages assessed by the
clerk

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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aforesaid Together with his Costs by him in this behalf expended and may have
execution

“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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&c And it is further ordered that ordered a
scire facias

A writ “founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the advantage of such record.” Examples of its use were to revive a judgment not yet executed, “in order to give an opportunity to the defendant ...

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Issue herein against
George Miller

25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...

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commanding him to appear at the next term of this court and show cause why he should not be made party to this Judgment [p. 262]
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Related Case Documents
Editorial Title
Docket Entry, Judgment, 5 May 1842 [Sweeney v. Miller et al.]
ID #
4232
Total Pages
1
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Handwriting on This Page
  • David E. Head

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