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Introduction to City of Nauvoo v. Anderson et al.

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Introduction to City of Nauvoo v. Anderson et al. Complaint, 16 December 1842 [City of Nauvoo v. Anderson et al.] Warrant, 16 December 1842 [City of Nauvoo v. Anderson et al.] Subpoena, 16 December 1842 [City of Nauvoo v. Anderson et al.] Docket Entry, circa 16–17 December 1842 [City of Nauvoo v. Anderson et al.] Execution, 17 December 1842 [City of Nauvoo v. Anderson et al.] Execution, 25 April 1843 [City of Nauvoo v. Anderson et al.]

Introduction to City of Nauvoo v. Anderson et al.

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City of Nauvoo v. Anderson, Cutler, and Hamilton
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 17 December 1842
 
Historical Introduction
In mid-December 1842, filed a complaint before JS as mayor of , Illinois, alleging that , Edwin Cutler, and Joseph Hamilton disrupted a public gathering, contrary to a city ordinance regarding public meetings. This ordinance punished any person guilty of disturbing or interrupting any lawful meeting or assembly and gave the court discretion to fine guilty parties up to $500, imprison them for six months, or both. Ivins also accused the men of using indecent conduct and behavior toward him, in violation of another city ordinance that potentially carried the same penalty.
Cutler and Hamilton were brought before JS on 16 December, but the trial was postponed to the following day so that a warrant could be executed upon the third defendant, , and a subpoena served on a witness. The next day fifteen witnesses were sworn in, including Jacob C. Ivins—the brother of the complainant—and four sons of . , in addition to testifying, served as legal counsel for . After hearing testimony, the court fined each of the defendants five dollars. Although an was issued twice, city constable ’s return indicated there was “no Property found on which to levy.”
 
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 (5)

December (5)

16 December 1842

Robert Ivins, Complaint, before JS as Mayor, Nauvoo, Hancock Co., IL

  • 16 Dec. 1842; Nauvoo, IL, Records, CHL; handwriting of Chauncey L. Higbee; signatures of Robert Ivins and JS; docket in handwriting of James Sloan.
16 December 1842

JS as Mayor, Warrant, to Nauvoo City Marshal, for Burr Anderson and Others, Nauvoo, Hancock Co., IL

  • 16 Dec. 1842; Nauvoo, IL, Records, CHL; handwriting of Chauncey L. Higbee; signature of JS; docket in handwriting of Chauncey L. Higbee; notation in handwriting of Dimick B. Huntington; docket in handwriting of James Sloan.
16 December 1842

JS as Mayor and Justice of the Peace, Subpoena, to Nauvoo City Marshal, for Jackson Higbee and Others, Nauvoo, Hancock Co., IL

  • 16 Dec. 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket in handwriting of James Sloan; notation in handwriting of Dimick B. Huntington.
Ca. 16–17 December 1842

Docket Entry, Nauvoo, Hancock Co., IL

  • Ca. 16–17 Dec. 1842; Nauvoo Mayor’s Court Docket Book, 41–42; handwriting of James Sloan; notations in handwriting of James Sloan.
17 December 1842

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

  • 17 Dec. 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan; signature of JS; docket and notation in handwriting of James Sloan; notations in handwriting of John D. Parker.

1843 (1)

April (1)

25 April 1843

JS as Mayor, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 25 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; signature of JS; docket in handwriting of James Sloan; notations in handwriting of John D. Parker.
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Editorial Title
Introduction to City of Nauvoo v. Anderson et al.
ID #
13894
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    Footnotes

    1. [1]

      The nature of the meeting is unclear; however, it was not a religious meeting, as a separate city ordinance dealt with disturbances of that nature. (Nauvoo City Council Minute Book, 1 Mar. 1841, 12; An Ordinance in Relation to Religious Societies, 1 Mar. 1841, 13.)

    2. [2]

      Nauvoo City Council Minute Book, 1 Mar. 1841, 12. Compare with An Act relative to Criminal Jurisprudence [1 July 1833], Public and General Statute Laws of the State of Illinois, p. 219, sec. 113.

      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.

    3. [3]

      Nauvoo City Council Minute Book, 13 Nov. 1841, 31.

    4. [4]

      Docket Entry, ca. 16 Dec. 1842 [City of Nauvoo v. Anderson et al.].

    5. [5]

      Docket Entry, ca. 16 Dec. 1842 [City of Nauvoo v. Anderson et al.]. Ivins may have asked Higbee to represent his interests since Illinois law allowed court costs to be assessed against the complainant if the accused was found not guilty and the court felt there was “no reasonable ground for said prosecution, and that it was maliciously entered.” (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. 422, sec. 13.)

      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.

    6. [6]

      An Act Regulating the Salaries, Fees, and Compensation of the Several Officers and Persons Therein Mentioned [19 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 298, sec. 5.

      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]

      Execution, 25 Apr. 1843 [City of Nauvoo v. Anderson et al.].