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Introduction to City of Nauvoo v. Davis for Ardent Spirits Complaint, 1 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Warrant, 1 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Execution, 1 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, circa 2 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, circa 2 December 1842, Copy [City of Nauvoo v. Davis for Ardent Spirits] Subpoena, 6 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, circa 6 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Execution, 8 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Supersedeas, 19 January 1843 [City of Nauvoo v. Davis for Ardent Spirits] Claim, 28 February 1843 [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, circa 6 December 1842, Defendant Copy [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, circa 6 December 1842, Circuit Court Copy [City of Nauvoo v. Davis for Ardent Spirits] Bond, 9 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Motion, circa 15 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits] Motion, circa 15 May 1843–B [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, Motions Overruled, 16 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Agreement, 18 May 1843 Praecipe, 23 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Subpoena, 23 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits] Subpoena, 23 May 1843–B [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, Motions Overruled and Jury Impaneled, 23 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Verdict, 24 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, Verdict, 24 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Affidavit, 24 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, circa 24 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Affidavit, 25 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Affidavit, 26 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits] Affidavit, 26 May 1843–B [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, Motion, 20 October 1843 Docket Entry, Fieri Facias, between 24 May and circa 18 December 1843 [City of Nauvoo v. Davis for Ardent Spirits] Affidavit, 22 October 1844

Introduction to City of Nauvoo v. Davis for Ardent Spirits

Page

City of Nauvoo v. Davis for Ardent Spirits
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 1 December 1842
Nauvoo, Hancock Co., Illinois, Municipal Court, 6 December 1842
Hancock Co., Illinois, Circuit Court, 24 May 1843
 
Historical Introduction
On 1 December 1842,
Ira Miles

25 Dec. 1808–31 July 1878. Born at Tinmouth, Rutland Co., Vermont. Son of Samuel Miles and Sarah (Sally) Simonds. Moved to Attica, Genesee Co., New York, by Nov. 1825. Lived near New Portage, Medina Co., Ohio, winter 1835. Baptized into Church of Jesus Christ...

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swore a complaint before JS against
Amos Davis

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

View Full Bio
for selling small quantities of liquor in violation of the city’s temperance ordinance.
1

Complaint, 1 Dec. 1842 [City of Nauvoo v. Davis for Ardent Spirits]. The Nauvoo city ordinance forbade selling whiskey “or other Spirituous Liquors” in small quantities, such as by the glass. The ordinance specified that upon conviction, the court could impose a fine “not exceeding twenty five Dollars.” (Nauvoo City Council Minute Book, 15 Feb. 1841, 8.)


Davis, a merchant and tavern keeper in
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....

More Info
, Illinois, had joined the church in 1840,
2

“Good News from America,” Millennial Star, July 1840, 1:63.


Comprehensive Works Cited

Latter-day Saints’ Millennial Star. Manchester, England, 1840–1842; Liverpool, 1842–1932; London, 1932–1970.

but in 1842 his relationship with JS and the church deteriorated. In March JS brought charges against Davis for
slandering

The “malicious publication of words, by speaking, writing, or printing, by reason of which the person to whom they relate becomes liable to suffer corporal punishment, or to sustain some damage.”

View Glossary
his character, and a jury found Davis guilty of violating Nauvoo’s vagrancy and disorderly persons ordinance.
3

See Introduction to City of Nauvoo v. Davis for Slander of JS–A; and Nauvoo City Council Minute Book, 13 Nov. 1841, 31. In September 1842 William Clayton recorded a rumor in JS’s journal that the posse attempting to arrest JS for extradition to Missouri had used Davis’s tavern as a base of operations. JS, Journal, 3 Sept. 1842.


Between 29 November and 6 December 1842, Davis was accused of violating several city ordinances and was tried in five cases in Nauvoo courts. In each of these cases, JS participated as either mayor, justice of the peace, complainant, or witness.
4

For the other cases, see City of Nauvoo v. Davis for Slander of JS–B, City of Nauvoo v. Davis for Slander of JS–C, City of Nauvoo v. Davis for Assault, and City of Nauvoo v. Davis for Slander of Miles.


Miles

25 Dec. 1808–31 July 1878. Born at Tinmouth, Rutland Co., Vermont. Son of Samuel Miles and Sarah (Sally) Simonds. Moved to Attica, Genesee Co., New York, by Nov. 1825. Lived near New Portage, Medina Co., Ohio, winter 1835. Baptized into Church of Jesus Christ...

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initiated one of the five cases with his complaint on 1 December. JS issued a warrant based on the complaint, and
Davis

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

View Full Bio
was arrested the next day. On the same day as the arrest, 2 December, JS presided at the trial in the mayor’s court.
George Stiles

18 July 1816–Sept. 1885. Attorney, judge, politician. Born in Watertown, Jefferson Co., New York. Son of John Stiles and Persis Cole. Moved to Le Ray, Jefferson Co., by 1820. Moved to Pamela, Jefferson Co., by 1830. Married first Julian Mackemer, 7 Nov. 1841...

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and
Chauncey L. Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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represented the
city

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....

More Info
, while Davis represented himself. After hearing witness testimony, JS found Davis guilty and fined him twenty-five dollars.
5

See Warrant, 1 Dec. 1842 [City of Nauvoo v. Davis for Ardent Spirits]; Docket Entry, ca. 2 Dec. 1842 [City of Nauvoo v. Davis for Ardent Spirits]; and JS, Journal, 2 Dec. 1842.


Davis

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

View Full Bio
appealed his conviction to the Nauvoo Municipal Court on 6 December. That day,
James Sloan

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

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issued a subpoena for twelve witnesses.
Lyman Johnson

24 Oct. 1811–20 Dec. 1859. Merchant, lawyer, hotelier. Born at Pomfret, Windsor Co., Vermont. Son of John Johnson and Alice (Elsa) Jacobs. Moved to Hiram, Portage Co., Ohio, Mar. 1818. Baptized into Church of Jesus Christ of Latter-day Saints by Sidney Rigdon...

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represented Davis, while
Stiles

18 July 1816–Sept. 1885. Attorney, judge, politician. Born in Watertown, Jefferson Co., New York. Son of John Stiles and Persis Cole. Moved to Le Ray, Jefferson Co., by 1820. Moved to Pamela, Jefferson Co., by 1830. Married first Julian Mackemer, 7 Nov. 1841...

View Full Bio
continued to represent the
city

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....

More Info
. JS, as chief justice, presided over the appeal and was joined by the other justices of the municipal court. After hearing witness testimony, the court upheld the verdict and fine, after which Davis announced his intention to appeal the municipal court’s decision.
6

See Docket Entry, ca. 6 Dec. 1842 [City of Nauvoo v. Davis for Ardent Spirits]; and Subpoena, 6 Dec. 1842 [City of Nauvoo v. Davis for Ardent Spirits].


On 19 January 1843,
Davis

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

View Full Bio
filed a notice of appeal before the
Hancock 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
Circuit Court, and the appeal was heard at the May 1843 term. This appeal was one of three that Davis made to the circuit court following his string of prosecutions in
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....

More Info
in late November and early December 1842. Because of the similarities between the three cases in the circuit court, some of the same documents were used multiple times, and it is possible that some were misfiled and are currently associated with the wrong case.
7

See Supersedeas, 19 Jan. 1843 [City of Nauvoo v. Davis for Ardent Spirits]; Supersedeas, 19 Jan. 1843 [City of Nauvoo v. Davis for Assault]; and Supersedeas, 19 Jan. 1843 [City of Nauvoo v. Davis for Slander of JS–C]. For example, the slander and assault cases both used the same praecipe, and some of the documents, like Davis’s attorney’s motion to dismiss, show signs of being docketed with two different case numbers. (See Praecipe, 9 May 1843; and Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Slander of JS–C].)


According to an attorney’s agreement signed before the circuit court proceedings, the three appeals were to focus on “the legailty of the Ordinances and if the City Council has the authority under the charter to pass said Ordinances.”
8

Agreement, 18 May 1843.


Subsequently, on 16 May 1843, C. O. Warner, the defense attorney, filed a motion to dismiss the suits, while
George Bachman

ca. 1802–after Mar. 1857. Possibly born in New York. Son of Jacob Bachman and Sarah Borzenbanack. Practiced law in Springfield, Sangamon Co., Illinois, and in Hancock Co., Illinois, 1840s. Member of jury that testified about manner of deaths of JS and Hyrum...

View Full Bio
, Nauvoo’s attorney, filed to dismiss Davis’s appeals. All of the motions used almost identical language.
9

Only two of Bachman’s motions to dismiss the appeals are extant, but docket records indicate that a third was filed. (See Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits]; Motion, ca. 15 May 1843–B [City of Nauvoo v. Davis for Ardent Spirits]; Motion, ca. 15 May 1843 [City of Nauvoo v. Davis for Assault]; Docket Entry, Motions, 16 May 1843 [City of Nauvoo v. Davis for Assault]; Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Slander of JS–C]; and Motion, ca. 15 May 1843 [City of Nauvoo v. Davis for Slander of JS–C].)


Warner claimed that the proceedings had been contrary to the constitutions of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
and the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
and that no law or ordinance had been violated. Bachman, meanwhile, primarily objected to the procedures of Davis’s appeals, claiming that his appeal bonds were irregularly entered and that the appeal to the circuit court was improper. On 23 May, the circuit court rejected the motions to dismiss and instead held a jury trial on the temperance charge.
10

See Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits]; Motion, ca. 15 May 1843–B [City of Nauvoo v. Davis for Ardent Spirits]; and Motions Overruled and Jury Impaneled, 23 May 1843 [City of Nauvoo v. Davis for Ardent Spirits].


Although the jurors upheld Davis’s conviction on 24 May, they reduced the fine from twenty-five dollars to 6¼ cents.
11

See Verdict, 24 May 1843 [City of Nauvoo v. Davis for Ardent Spirits].


The costs and fine were subsequently collected later that year.
12

See Docket Entry, Fieri Facias, between 24 May and ca. 18 Dec. 1843 [City of Nauvoo v. Davis for Ardent Spirits].


For the other cases involving JS that were brought against
Davis

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

View Full Bio
around this time, see City of Nauvoo v. Davis for Slander of JS–B, City of Nauvoo v. Davis for Slander of JS–C, City of Nauvoo v. Davis for Assault, and City of Nauvoo v. Davis for Slander of Miles.
 
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.
 
Nauvoo, Hancock Co., Illinois, Mayor’s Court

1842 (6)

December (6)

1 December 1842

Ira Miles, Complaint, before JS as Mayor, Nauvoo, Hancock Co., IL

  • 1 Dec. 1842; JS Papers, Abraham Lincoln Presidential Library, Springfield, IL; handwriting of William W. Phelps; signatures of Ira Miles and JS; docket in handwriting of JS; docket and endorsement in handwriting of James Sloan; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
1 December 1842

JS as Mayor, Warrant, to Nauvoo City Marshal, for Amos Davis, Nauvoo, Hancock Co., IL

  • 1 Dec. 1842; private possession; photocopy at CHL; handwriting of Willard Richards; signature of JS; endorsement in handwriting of James Sloan.
1 December 1842

Subpoena, for James A. Eastin and Others, Nauvoo, Hancock Co., IL

  • 1 Dec. 1842. Not extant.
    1

    See Docket Entry, ca. 2 Dec. 1842 [City of Nauvoo v. Davis for Ardent Spirits].


1 December 1842

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

  • 1 Dec. 1842; private possession; handwriting of James Sloan; signature of JS.
    1

    The document was sold by Swann Auction Galleries of New York City in 2017 as part of sale 2444 lot 212. (Swann, Printed and Manuscript Americana, 118–119.)


    Comprehensive Works Cited

    Swann Galleries. Printed and Manuscript Americana. New York: Swann Galleries, Apr. 2017. Auction Catalog. Accessed 07 August 2019. https://www.swanngalleries.com/3dcat/2444/#118.

Ca. 2 December 1842

Docket Entry, Nauvoo, Hancock Co., IL

  • Ca. 2 Dec. 1842; Nauvoo Mayor’s Court Docket Book, 38; handwriting of James Sloan; notations in handwriting of James Sloan.
  • 3 Dec. 1842. Not extant.
    1

    A copy of the mayor’s court docket entry was created at the request of Amos Davis. (See Docket Entry, ca. 2 Dec. 1842 [City of Nauvoo v. Davis for Ardent Spirits].)


  • 6 Dec. 1842;
    2

    This copy of the mayor’s court docket entry, created for Davis’s appeal to the municipal court, was filed with the Hancock County Circuit Court on 28 February 1843.


    private possession; photocopy at CHL; handwriting of James Sloan; signature of JS; docket in handwriting of James Sloan; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
6 December 1842

Amos Davis, Bond, Nauvoo, Hancock Co., IL

  • 6 Dec. 1842. Not extant.
    1

    See Docket Entry, ca. 6 Dec. 1842 [City of Nauvoo v. Davis for Ardent Spirits].


 
Nauvoo, Hancock Co., Illinois, Municipal Court

1842 (4)

December (4)

Ca. 2 December 1842

Docket Entry, Copy, Nauvoo, Hancock Co., IL

  • 6 Dec. 1842; private possession; photocopy at CHL; handwriting of James Sloan; signature of JS; docket in handwriting of James Sloan; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
    1

    This represents the certified copy of the mayor’s court docket entry created for Davis’s appeal to the municipal court. It was filed with the Hancock Co. Circuit Court on 28 February 1843.


6 December 1842

James Sloan, Subpoena, to Nauvoo City Marshal, for John M. Finch and Others, Nauvoo, Hancock Co., IL

  • 6 Dec. 1842; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; docket, notation, and endorsements in handwriting of James Sloan; docket and notation in handwriting of Henry G. Sherwood; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
Ca. 6 December 1842

Docket Entry, Nauvoo, Hancock Co., IL

  • Ca. 6 Dec. 1842; Nauvoo Municipal Court Docket Book, 14–15; handwriting of James Sloan; notations in handwriting of James Sloan.
  • 8 Dec. 1842;
    1

    This certified copy of the municipal court docket entry was created at the request of Amos Davis and filed with the Hancock County Circuit Court on 9 Dec. 1842.


    photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; handwriting of James Sloan; docket and notation in handwriting of M. Avise.
  • 27 Feb. 1843;
    2

    This certified copy of the municipal court docket entry was filed with the Hancock County Circuit Court on 28 February 1843. Sloan appears to have mistakenly dated this copy 17 February 1843.


    microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; docket probably in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
8 December 1842

James Sloan, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 8 Dec. 1842; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; docket in handwriting of James Sloan; docket in handwriting of James Sloan; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.

1843 (2)

January (1)

19 January 1843

Jacob B. Backenstos, Supersedeas, to Nauvoo Municipal Court and Nauvoo City Marshal or Constable, Carthage, Hancock Co., IL

  • 19 Jan. 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of M. Avise; signature of Jacob B. Backenstos; docket and notation in handwriting of M. Avise; notation in handwriting of John D. Parker; notation in handwriting of William Backenstos.

February (1)

28 February 1843

Henry G. Sherwood, Claim, Nauvoo, Hancock Co., IL

  • 28 Feb. 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Henry G. Sherwood; endorsement in handwriting of James Sloan; docket probably in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
 
Hancock Co., Illinois, Circuit Court

1842 (2)

December (2)

Ca. 6 December 1842

Docket Entry, Copy, Nauvoo, Hancock Co., IL

  • 8 Dec. 1842; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; handwriting of James Sloan; docket and notation in handwriting of M. Avise.
    1

    This represents the certified copy of the municipal court docket entry created at the request of Amos Davis and filed with the Hancock County Circuit Court on 9 December 1842.


  • 27 Feb. 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; docket probably in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
    2

    This represents the certified copy of the municipal court docket entry filed with the Hancock County Circuit Court on 28 February 1843. Sloan appears to have mistakenly dated this copy 17 February 1843.


9 December 1842

Amos Davis and Others, Bond, Carthage, Hancock Co., IL, to City of Nauvoo

  • 9 Dec. 1842; Hancock County Courthouse, Carthage, IL; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; printed form with manuscript additions in handwriting of M. Avise; signatures of Amos Davis, Lewis Robison, and Robert D. Foster.

1843 (21)

May (15)

Ca. 15 May 1843

C. O. Warner on behalf of Amos Davis, Motion, Carthage, Hancock Co., IL, ca. 15 May 1843–A

  • Ca. 15 May 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; handwriting of C. O. Warner; docket in handwriting of C. O. Warner; docket in unidentified handwriting; notation in handwriting of Jacob B. Backenstos.
Ca. 15 May 1843

George Stiles, Motion, Carthage, Hancock Co., IL, ca. 15 May 1843–B

  • Ca. 15 May 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; handwriting of George Stiles; notation in handwriting of Jacob B. Backenstos.
16 May 1843

Docket Entry, Motions Overruled, Carthage, Hancock Co., IL

  • 16 May 1843; Hancock County Circuit Court Record, vol. C, p. 409, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
18 May 1843

C. O. Warner, Agreement,
1

The agreement refers to all three Davis cases appealed to the circuit court: City of Nauvoo v. Davis for Ardent Spirits, City of Nauvoo v. Davis for Assault, and City of Nauvoo v. Davis for Slander of JS–C.


with George Bachman, Hancock Co., IL

  • 18 May 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of George Bachman; dockets and notation in handwriting of Jacob B. Backenstos.
23 May 1843

Sidney Rigdon and Others, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • 23 May 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Onias Skinner; docket and notation in handwriting of M. Avise.
23 May 1843

Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for John Eagle, Carthage, Hancock Co., IL, 23 May 1843–A

  • 23 May 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; printed form with manuscript additions in handwriting of M. Avise; docket and notations printed with manuscript additions in handwriting of M. Avise.
23 May 1843

Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Pulaski Cahoon, Carthage, Hancock Co., IL, 23 May 1843–B

  • 23 May 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notations printed with manuscript additions in handwriting of Jacob B. Backenstos and signatures of John D. Parker.
23 May 1843

Docket Entry, Motions Overruled and Jury Impaneled, Carthage, Hancock Co., IL

  • 23 May 1843; Hancock County Circuit Court Record, vol. C, p. 470, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
24 May 1843

Reuben Graves and Others, Verdict, Carthage, Hancock Co., IL

  • 24 May 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Reuben Graves; signatures of jurors; docket and notation in handwriting of Jacob B. Backenstos.
24 May 1843

Docket Entry, Verdict, Carthage, Hancock Co., IL

  • 24 May 1843; Hancock County Circuit Court Record, vol. C, p. 475, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
24 May 1843

Robert D. Foster, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL

  • 24 May 1843; microfilm in Circuit Court case files, 1830–1900, CHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Robert D. Foster; docket in handwriting of M. Avise; docket in unidentified handwriting; notation in handwriting of Jacob B. Backenstos.
Ca. 24 May 1843

Docket Entry, Hancock Co., IL

  • Ca. 24 May 1843; Hancock County Circuit Court, Judgment Docket, vol. B, p. 31, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.
25 May 1843

Joseph A. McCall, Affidavit, before M. Avise on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL

  • 25 May 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; printed form with manuscript additions in handwriting of M. Avise; signature of Joseph A. McCall; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
26 May 1843

John A. Forgeus, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 26 May 1843–A

  • 26 May 1843; microfilm in Circuit Court case files, 1830–1900, CHL; printed form with manuscript additions in handwriting of David E. Head; signature of John A. Forgeus; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
26 May 1843

Jonathan H. Hale, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 26 May 1843–B

  • 26 May 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Jonathan H. Hale; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.

September (3)

19 September 1843

Execution, Carthage, Hancock Co., IL

  • 19 Sept. 1843. Not extant.
    1

    See Docket Entry, Fieri Facias, between 24 May and ca. 18 Dec. 1843 [City of Nauvoo v. Davis for Ardent Spirits].


Ca. 19 September 1843

Fee Bill, Carthage, Hancock Co., IL

  • Ca. 19 Sept. 1843. Not extant.
    1

    This fee bill was for the defendant’s costs. (See Docket Entry, Fieri Facias, between 24 May and ca. 18 Dec. 1843 [City of Nauvoo v. Davis for Ardent Spirits].)


Ca. September 1843

Docket Entry, Fee Bill, Carthage, Hancock Co., IL

  • Ca. Sept. 1843; Hancock County Circuit Court, Fee Book G, p. 118. Not extant.
    1

    See Docket Entry, ca. 24 May 1843 [City of Nauvoo v. Davis for Ardent Spirits].


October (1)

20 October 1843

Docket Entry, Motion, Carthage, Hancock Co., IL

  • 20 Oct. 1843; Hancock County Circuit Court Record, vol. D, p. 56, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
    1

    The docket entry refers to fee bills (plural). It is unclear which case this is referring to, as the assault (No. 75), slander (No. 76), and ardent spirits (No. 77) cases each had fee bills issued. (See Fee Bill, 19 Sept. 1843 [City of Nauvoo v. Davis for Assault]; Docket Entry, Fee Bill, between 22 Mar. and ca. 20 June 1844 [City of Nauvoo v. Davis for Slander of JS–C]; and Docket Entry, Fieri Facias, between 24 May and ca. 18 Dec. 1843 [City of Nauvoo v. Davis for Ardent Spirits].)


December (2)

Between 19 September and 18 December 1843

Receipts, Hancock Co., IL

  • Between 19 Sept. and 18 Dec. 1843. Not extant.
    1

    See Docket Entry, Fieri Facias, between 24 May and ca. 18 Dec. 1843 [City of Nauvoo v. Davis for Ardent Spirits]. The docket notes “Receipts on file” and the “ballance in Cash” were used to satisfy the sheriff’s return. Presumably the receipts were additional documents and not notations on the execution.


Between 24 May and ca. 18 December 1843

Docket Entry, Fieri Facias, Hancock Co., IL

  • Between 24 May and ca. 18 Dec. 1843; Hancock County Circuit Court, Execution Docket, vol. B, p. [95], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.

1844 (1)

October (1)

22 October 1844

James A. Eastin, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL
1

The affidavit indicates Eastin attended court as a witness for the case “Nauvoo City Vs. Amos Davis” at the May 1843 term of the Hancock County Circuit Court. Eastin was a witness in three cases heard in May 1843: City of Nauvoo v. Davis for Assault, City of Nauvoo v. Davis for Ardent Spirits, and City of Nauvoo v. Davis for Slander of JS–C. It is unclear which case the affidavit is associated with. (Praecipe, 15 May 1843 [City of Nauvoo v. Davis for Assault]; Praecipe, 23 May 1843 [City of Nauvoo v. Davis for Assault]; Praecipe, 23 May 1843 [City of Nauvoo v. Davis for Ardent Spirits]; Subpoena, 23 May 1843 [City of Nauvoo v. Davis for Slander of JS–C].)


  • 22 Oct. 1844; Hancock County Courthouse, Carthage, IL; microfilm 1,521,363 at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature presumably of James A. Eastin; docket and notation in handwriting of Jacob B. Backenstos.
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Editorial Title
Introduction to City of Nauvoo v. Davis for Ardent Spirits
ID #
15351
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Complaint, 1 Dec. 1842 [City of Nauvoo v. Davis for Ardent Spirits]. The Nauvoo city ordinance forbade selling whiskey “or other Spirituous Liquors” in small quantities, such as by the glass. The ordinance specified that upon conviction, the court could impose a fine “not exceeding twenty five Dollars.” (Nauvoo City Council Minute Book, 15 Feb. 1841, 8.)

    2. [2]

      “Good News from America,” Millennial Star, July 1840, 1:63.

      Latter-day Saints’ Millennial Star. Manchester, England, 1840–1842; Liverpool, 1842–1932; London, 1932–1970.

    3. [3]

      See Introduction to City of Nauvoo v. Davis for Slander of JS–A; and Nauvoo City Council Minute Book, 13 Nov. 1841, 31. In September 1842 William Clayton recorded a rumor in JS’s journal that the posse attempting to arrest JS for extradition to Missouri had used Davis’s tavern as a base of operations. JS, Journal, 3 Sept. 1842.

    4. [4]

      For the other cases, see City of Nauvoo v. Davis for Slander of JS–B, City of Nauvoo v. Davis for Slander of JS–C, City of Nauvoo v. Davis for Assault, and City of Nauvoo v. Davis for Slander of Miles.

    5. [5]

      See Warrant, 1 Dec. 1842 [City of Nauvoo v. Davis for Ardent Spirits]; Docket Entry, ca. 2 Dec. 1842 [City of Nauvoo v. Davis for Ardent Spirits]; and JS, Journal, 2 Dec. 1842.

    6. [6]

      See Docket Entry, ca. 6 Dec. 1842 [City of Nauvoo v. Davis for Ardent Spirits]; and Subpoena, 6 Dec. 1842 [City of Nauvoo v. Davis for Ardent Spirits].

    7. [7]

      See Supersedeas, 19 Jan. 1843 [City of Nauvoo v. Davis for Ardent Spirits]; Supersedeas, 19 Jan. 1843 [City of Nauvoo v. Davis for Assault]; and Supersedeas, 19 Jan. 1843 [City of Nauvoo v. Davis for Slander of JS–C]. For example, the slander and assault cases both used the same praecipe, and some of the documents, like Davis’s attorney’s motion to dismiss, show signs of being docketed with two different case numbers. (See Praecipe, 9 May 1843; and Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Slander of JS–C].)

    8. [8]

      Agreement, 18 May 1843.

    9. [9]

      Only two of Bachman’s motions to dismiss the appeals are extant, but docket records indicate that a third was filed. (See Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits]; Motion, ca. 15 May 1843–B [City of Nauvoo v. Davis for Ardent Spirits]; Motion, ca. 15 May 1843 [City of Nauvoo v. Davis for Assault]; Docket Entry, Motions, 16 May 1843 [City of Nauvoo v. Davis for Assault]; Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Slander of JS–C]; and Motion, ca. 15 May 1843 [City of Nauvoo v. Davis for Slander of JS–C].)

    10. [10]

      See Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits]; Motion, ca. 15 May 1843–B [City of Nauvoo v. Davis for Ardent Spirits]; and Motions Overruled and Jury Impaneled, 23 May 1843 [City of Nauvoo v. Davis for Ardent Spirits].

    11. [11]

      See Verdict, 24 May 1843 [City of Nauvoo v. Davis for Ardent Spirits].

    12. [12]

      See Docket Entry, Fieri Facias, between 24 May and ca. 18 Dec. 1843 [City of Nauvoo v. Davis for Ardent Spirits].

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