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Introduction to Canfield v. Morey

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Introduction to Canfield v. Morey Statement, 19 December 1842 [Canfield v. Morey] Account, 19 December 1842 [Canfield v. Morey] Summons, 20 December 1842–A [Canfield v. Morey] Summons, 20 December 1842–B [Canfield v. Morey] Subpoena, 20 December 1842 [Canfield v. Morey] Docket Entry, between 20 and circa 26 December 1842 [Canfield v. Morey] Account, 25 December 1842 [Canfield v. Morey] Execution, 26 December 1842 [Canfield v. Morey]

Introduction to Canfield v. Morey

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Canfield v. Morey
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 26 December 1842
 
Historical Introduction
In October 1842, entered into an arrangement with . According to Canfield, they agreed that he would have use of Morey’s horses and wagon during the winter and would keep half of what he earned using the team; he also was to have a rent-free room in exchange for providing firewood for the Morey family. In December, however, Canfield brought an action against Morey, claiming that while Morey was “gone away from home,” his wife, Sylvia Butterfield Morey, took the horses and wagon, leaving Canfield destitute. Canfield further stated that George Morey owed him $14.50 and that Sylvia had claimed no contract was signed and had slandered Canfield in .
On 20 December, JS as mayor of issued a summons for to appear before the mayor’s court to answer ’s complaint. The same day, three witnesses were subpoenaed to testify, including Mary Ann Morey, a daughter of the defendant. JS heard the case on 26 December. Although George Morey was in Nauvoo the day of the legal proceedings, he evidently did not appear. Mary Ann Morey was sworn and examined regarding the summons for her father. Her testimony apparently noted that he was not present at the time the summons was served; because constable had been unable to locate George, he had instead left the summons with Sylvia Morey. The law required that the summons be read to the defendant except when the defendant was trying to evade being served, in which case it could be left with someone else at the person’s residence. JS noted that Morey had not “absented himself to evade service of process” and dismissed the case.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 

1842 (9)

December (9)

19 December 1842

John Canfield, Statement, Nauvoo, Hancock Co., IL

  • 19 Dec. 1842; Nauvoo, IL, Records, CHL; unidentified handwriting; signature of John Canfield; docket in handwriting of James Sloan.
19 December 1842

John Canfield, Account, to George Morey, Nauvoo, Hancock Co., IL

  • 19 Dec. 1842; Nauvoo, IL, Records, CHL; unidentified handwriting; docket in unidentified handwriting; docket in handwriting James Sloan.
19 December 1842

John Canfield, Application, Nauvoo, Hancock Co., IL

20 December 1842

JS as Justice of the Peace, Summons, to Nauvoo City Marshal, for George Morey, Nauvoo, Hancock Co., IL

  • 20 Dec. 1842; JS Collection, CHL; handwriting of James Sloan; signature of JS; docket in handwriting of James Sloan; notation in handwriting of John D. Parker.
20 December 1842

John D. Parker, Summons, for George Morey, Nauvoo, Hancock Co., IL

  • 20 Dec. 1842; JS Collection, CHL; handwriting of John D. Parker; notation in handwriting of John D. Parker.
20 December 1842

JS as Justice of the Peace, Subpoena, for Mary Ann Morey and Others, Nauvoo, Hancock Co., IL

  • 20 Dec. 1842; JS Collection, CHL; handwriting of James Sloan; signature of JS; docket in handwriting of James Sloan; notation in handwriting of John D. Parker.
25 December 1842

John Canfield, Account, to George Morey, Nauvoo, Hancock Co., IL

  • 25 Dec. 1842; Nauvoo, IL, Records, CHL; handwriting of Chauncey L. Higbee; docket in handwriting of James Sloan.
26 December 1842

JS as Justice of the Peace, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 26 Dec. 1842; Nauvoo Mayor’s Court, Papers, CHL; handwriting of James Sloan; signature of JS; docket and notation in handwriting of James Sloan; notations in handwriting of John D. Parker.
Between 20 and ca. 26 December 1842

Docket Entry, Nauvoo, Hancock Co., IL

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Editorial Title
Introduction to Canfield v. Morey
ID #
13895
Total Pages
1
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    Footnotes

    1. [1]

      Statement, 19 Dec. 1842 [Canfield v. Morey]; Account, 19 Dec. 1842 [Canfield v. Morey].

    2. [2]

      Summons, 20 Dec. 1842–A [Canfield v. Morey].

    3. [3]

      George Hall Morey family tree, FamilySearch, accessed 14 Dec. 2018.

      FamilySearch. Compiled by the Church of Jesus Christ of Latter-day Saints. https://familysearch.org.

    4. [4]

      JS, Journal, 26 Dec. 1842. The docket entry in the mayor’s court record labeled the action as “suit on Account.” (Docket Entry, between 20 and ca. 26 Dec. 1842 [Canfield v. Morey]; for information on such actions see Belsheim, “Old Action of Account,” 466–500; “Account, remedies,” in Bouvier, Law Dictionary, 1:38.)

      Belsheim, Edmund O. “The Old Action of Account.” Harvard Law Review 45, no. 3 (Jan. 1932): 466–500.

      Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

    5. [5]

      Morey is not mentioned as present in the docket entry. Had he been present, his testimony would have been taken regarding the serving of the summons. (Docket Entry, between 20 and ca. 26 Dec. 1842 [Canfield v. Morey].)

    6. [6]

      Docket Entry, between 20 and ca. 26 Dec. 1842 [Canfield v. Morey]; Summons, 20 Dec. 1842–A [Canfield v. Morey]. Instead of creating an exact copy of the original summons, Parker drafted a second summons to leave with Sylvia Butterfield Morey. This second summons, unlike the original, was defective in that it failed to specify the time the defendant was to appear. (See Summons, 20 Dec. 1842–B [Canfield v. Morey]; and An Act concerning Justices of the Peace and Constables [1 June 1827], Public and General Statute Laws of the State of Illinois, p. 403, sec. 3.)

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    7. [7]

      The law provided that a copy of the summons could be left at the residence with a “white person of the age of ten years or upwards.” The proper procedure was for the plaintiff to request that an additional summons be issued until the defendant was found. (An Act to Amend “An Act concerning Justices of the Peace and Constables,” . . . [1 June 1829], Public and General Statute Laws of the State of Illinois, p. 421, sec. 11; An Act concerning Practice in Courts of Law [1 June 1827], Public and General Statute Laws of the State of Illinois, pp. 529–530, sec. 4.)

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    8. [8]

      Docket Entry, between 20 and ca. 26 Dec. 1842 [Canfield v. Morey].