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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.]

Fee Bill, circa April 1843 [Sweeney v. Miller et al.]

Source Note

Fee Bill, [
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, ca. Apr. 1843], Sweeney v. Miller et al. (Hancock Co., IL, Circuit Court 1842); Hancock County Circuit Court, Fee Book F, p. 93; handwriting of unidentified scribes and
Matthias Avise

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; Hancock County Courthouse, Carthage, IL.

Historical Introduction

See Introduction to Sweeney v. Miller et al.

Page 93

Unidentified handwriting begins. The fee bill was written on a two-page spread, with the plaintiff’s costs on the left and the defendants’ costs on the right.


Hugh. J. Sweeney Plaintiff ◊L
Plaintiffs Costs
Clerks fees
Issuing summons 50 filing 5 papurs 31¼ 81¼
1045— Entering plaintiffs appearance 12½ Entering Attorneys Do 12½ 25
Entering Suit on docket 1 time 12½ Entering default 25 37½
Entering order to assess 25 Assessing damages 25 50
taking
Bond

A formal written agreement whereby a person undertakes to pay a specified sum of money to another person or to perform a certain act by an appointed date. Generally, if the obligor pays the full amount or fully performs the required act, the bond becomes ...

View Glossary
for costs 25 Entering Judgment 25
50
Entering satisfaction Judgt 25 Issuing
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...

View Glossary
50
75
Docketing Execution 12½ Entering Sheriffs return 12½ filing 6¼ 31¼
Making & Entering Bill Costs 37½ Certificate & Seal 50 87½ 4 37½
Sheriffs fees
William D Abernethy

8 Apr. 1801–3 July 1850. Postmaster, storekeeper, sheriff, farmer. Born in Harwinton, Litchfield Co., Connecticut. Son of William Conant Abernethy and Azubah Dexter. Moved with family to Jacksonville, Morgan Co., Illinois. Cofounded Augusta, Hancock Co., ...

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3 Services Summons 1.50 returning 12½ 54 miles travel $3.37½ 5 00 5 00

Unidentified handwriting ends; Matthias Avise begins.


Clerks fees on
Sci. fa

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 ...

View Glossary
Iss. Sci. fa 1.93¾ Filing 2 papers 12½ docketing suit 12½ 2 18¾
Ent.
replications

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...

View Glossary
25 order to make party to Judgt 25
50 2 68¾
JBB [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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1210 Issuing
alias

“Otherwise called”; a word that is “prefixed to the name of a second writ of the same kind issued in the same cause,” such as alias fieri facias.

View Glossary
fi fa

Abbreviated “fi. fa.” It is a writ of execution “that lies for him who has recovered any debt or damages. . . . It is a command to the sheriff, that of the goods and chattels of the party he cause to be made the sum recovered by the judgment.”

View Glossary
50 docketing 12½ filing & Ent. return 18¾
81¼
Making & Ent fee Bill 37½ Certificate & Seal 50 87½ 1 68¾
Sheriffs fees on Sci. fa
Backenstos <​J. B.​>

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...

View Full Bio

Insertion in handwriting of Jacob B. Backenstos.


Serving Sci. fa 50 making copy 1.75 2 25
18 miles travel 1.12½ return Sci. fa 12½ 1 25 3 50
17 25

Matthias Avise handwriting ends; unidentified begins.


J B B

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...

View Full Bio
Filing
precipe

“The written instructions given by an attorney or plaintiff to the clerk or prothonotary of a court, whose duty it is to make out the writ.”

View Glossary
for
Pluries

“A writ that issues in the third instance after the first and the alias have been ineffectual.”

View Glossary
Exn 6¼ Issng Pluries Exn 50
56¼ 56
Docketg & Ent Shff return 25 filing 6¼ 31¼
1447 Making & Enterg bill costs 37½ certif & Seal 50 87½ 1 75
DEH [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...

View Full Bio
Filing precipe for fee bill 6¼. Issug fee bill 50 Dockg & Entg Shff. 56¼ 1
2005. return 25 filing 6¼ Makg & Entg bill costs 37½ Certif & seal 50 1 18¾ 1 75
2173 Filing precipie for
vendi Exponas

A writ of execution commanding a sheriff “to sell goods or chattels, and, in some states, lands, which he has taken in execution by virtue of a fieri facias, and which remains unsold.”

View Glossary
6¼ Issuing vendi Exponas 1 00
1 06¼
Docketg 12½ Ent Return 12½ filing 6¼ Making & Ent Bill cost 37½ certificate 68¾
& seal 50 50 <​2 25​>
Sheriffs fees
Wm Backenstos

29 Aug. 1813–11 July 1875. Sheriff, merchant, painter. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Baptized into Lutheran Reformed Church, 31 Oct. 1813, in Lower Paxton. Moved to Hancock Co., Illinois, by...

View Full Bio
Returning alias Exn 12½ 12½
Levying Exn 50 advig [advertising] 25. Issuing & Serving appraiser 93¾ Returg Ex 12½ 1.81¼
[Miner] Deming

24 Feb. 1810–10 Sept. 1845. Teacher, farmer. Born in Sharon, Litchfield Co., Connecticut. Son of Stephen Deming and Sarah Buel. Moved to Cincinnati, 1836. Married Abigail Barnum, 2 Aug. 1836, in Danbury, Fairfield Co., Connecticut. Moved to St. Mary’s Township...

View Full Bio
Levying fee Bill 50 advg propt 25 Retu[rn]ing 12½ 87½
3 appraisers fees 75
26.56¼
<​See page 240—​>
1

TEXT: The defendants’ costs inscribed on the right-hand page begin here.


Joseph Smith
Hyram [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...

View Full Bio
&
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...

View Full Bio
Defendants
Asspt [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.

View Glossary
Defendants Costs
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
fees
Docket fee 2 50
Clerks fees on
Sci. fa

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 ...

View Glossary
Ent. defts appearance 12½ Attorney 12½ Ent. & filing pleas 31¼ 56¼
Making & Ent fee Bill 37½ Certificate & Seal 50 87½
JBB

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...

View Full Bio
making & Ent 2nd bill of costs 37½ Certif & seal 50 87½ 2 31¼
DEH

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...

View Full Bio
Makg & Entg 3rd bill of Costs 37½ Certif & seal 50 87½
Making & Ent 4th Bill of cost 37½ certificate & seal 50 87½ <​1.75​>
<​$6.56¼​>
[24 lines blank] [p. 93]
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Source Note

Document Transcript

Page 93

Document Information

Related Case Documents
Editorial Title
Fee Bill, circa April 1843 [Sweeney v. Miller et al.]
ID #
18548
Total Pages
1
Print Volume Location
Handwriting on This Page
  • Unidentified
  • Matthias Avise
  • Jacob B. Backenstos

Footnotes

  1. new scribe logo

    Unidentified handwriting begins. The fee bill was written on a two-page spread, with the plaintiff’s costs on the left and the defendants’ costs on the right.

  2. new scribe logo

    Unidentified handwriting ends; Matthias Avise begins.

  3. new scribe logo

    Insertion in handwriting of Jacob B. Backenstos.

  4. new scribe logo

    Matthias Avise handwriting ends; unidentified begins.

  5. [1]

    TEXT: The defendants’ costs inscribed on the right-hand page begin here.

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