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Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B Complaint, 15 January 1844 [City of Nauvoo v. F. M. Higbee] Docket Entry, 15–circa 16 January 1844 [City of Nauvoo v. F. M. Higbee]

Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B

Page

City of Nauvoo v. F. M. Higbee
Nauvoo, Hancock Co., Illinois, Municipal Court, 16 January 1844
 
F. M. Higbee v. JS–A
Hancock Co., Illinois, Circuit Court, 23 May 1844
 
F. M. Higbee v. JS–A on Habeas Corpus
Nauvoo, Hancock Co., Illinois, Municipal Court, 8 May 1844
 
F. M. Higbee v. JS–B
Hancock Co., Illinois, Circuit Court, 29 May 1844
McDonough Co., Illinois, Circuit Court, circa August 1844
 
Historical Introduction
During the first half of 1844, JS became entangled in a series of legal actions with
Francis M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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, a disaffected Latter-day Saint and dissenter. Higbee joined the church with his family in
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

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in 1832 and subsequently gathered with the Saints in
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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and then
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
.
1

Isaac Higbee, Autobiographical Sketch, 24 May 1864, Obituary Notices and Biographies, CHL, [1]–[2]; “A History, of the Persecution, of the Church of Jesus Christ, of Latter Day Saints in Missouri,” Dec. 1839–Oct. 1840; 1840 U.S. Census, Hancock Co., IL, 166.


Comprehensive Works Cited

Obituary Notices and Biographies, 1854–1877. CHL. MS 4760.

Census (U.S.) / U.S. Bureau of the Census. Population Schedules. Microfilm. FHL.

The two men differed as to when conflict between them began. According to statements made by JS and other church leaders in May 1844, Higbee was accused of illicit sexual conduct in 1841, but after Higbee promised to reform, no disciplinary action was taken against him.
2

See Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; and Pleas, ca. 28 May 1844 [F. M. Higbee v. JS–B].


For his part, Higbee claimed that his grievance against JS began in 1842, after JS purportedly asked
Nancy Rigdon

8 Dec. 1822–1 Nov. 1887. Born in Pittsburgh. Daughter of Sidney Rigdon and Phebe Brooks. Moved to Bainbridge, Geauga Co., Ohio, 1826. Moved to Mentor, Geauga Co., 1827. Baptized into Church of Jesus Christ of Latter-day Saints, likely ca. Nov. 1830, in Ohio...

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to become one of his plural wives; Higbee was romantically involved with her at the time.
3

“Communication,” Warsaw Signal, 29 May 1844, [2]. For more information on JS’s purported proposal to Nancy Rigdon, see Historical Introduction to Appendix: Letter to Nancy Rigdon, ca. Mid-Apr. 1842.


Comprehensive Works Cited

Warsaw Signal. Warsaw, IL. 1841–1853.

Higbee relocated to
Cincinnati

Area settled largely by emigrants from New England and New Jersey, by 1788. Village founded and surveyed adjacent to site of Fort Washington, 1789. First seat of legislature of Northwest Territory, 1790. Incorporated as city, 1819. Developed rapidly as shipping...

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, Ohio, in late summer or fall 1842, but he returned to
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....

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, Illinois, the following summer.
4

Letter from Francis M. Higbee, 8 Sept. 1843.


The immediate cause of the legal actions between the two men occurred on 5 January 1844, when
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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was summoned to appear before the
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....

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City Council. That day, the city council had been investigating a controversy surrounding remarks JS made to the recently installed Nauvoo police force on 29 December 1843 that he feared “a Brutus” existed in the city.
5

Complaint, 15 Jan. 1844 [City of Nauvoo v. F. M. Higbee]; Minutes and Discourse, 29 Dec. 1843.


Individual policemen speculated regarding the identity of this suspected traitor, concluding that JS may have referred to
William Law

8 Sept. 1809–12/19 Jan. 1892. Merchant, millwright, physician. Born in Co. Tyrone, Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co...

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, a counselor in the
First Presidency

The highest presiding body of the church. An 11 November 1831 revelation stated that the president of the high priesthood was to preside over the church. JS was ordained as president of the high priesthood on 25 January 1832. In March 1832, JS appointed two...

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, or
William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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, the Nauvoo stake president, or possibly both.
6

Nauvoo City Council Rough Minute Book, 3 and 5 Jan. 1844, 32–38.


Marks reported that Higbee had informed him that his life was in danger. JS summoned Higbee to testify before the city council on the matter. In his testimony, Higbee related that he had “received the impression from some source” that Law and Marks “could not subscribe to all things in the church, and it might make trouble.” Higbee, however, said that he had not heard that the two men were in danger. Later in the meeting, Higbee left, evidently without permission from the council.
7

Nauvoo City Council Rough Minute Book, 5 Jan. 1844, 36–39; Complaint, 15 Jan. 1844 [City of Nauvoo v. F. M. Higbee].


After
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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departed, JS reportedly stated that he “had better stay at home & hold his tongue, lest rumor turn upon him.”
8

Nauvoo City Council Rough Minute Book, 5 Jan. 1844, 39.


According to the account of the meeting in
Law

8 Sept. 1809–12/19 Jan. 1892. Merchant, millwright, physician. Born in Co. Tyrone, Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co...

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’s journal, JS accused Higbee of conspiring with the church’s enemies in
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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. Law further noted that JS implied that Higbee had a sordid sexual history and that JS alluded to an instance when “he had been called on to lay hands on him” for a healing blessing, but Higbee “stank from a cause that he did not like to name.”
9

Law, Record of Doings, 5 Jan. 1844, in Cook, William Law, 45–46. Although still a Latter-day Saint, Law was estranged from JS by this time, which may have influenced how he represented the meeting.


Comprehensive Works Cited

Cook, Lyndon W. William Law: Biographical Essay, Nauvoo Diary, Correspondence, Interview. Orem, UT: Grandin Book, 1994.

Following JS’s remarks, the council continued its deliberations, ultimately deciding to close the investigation and thank the policemen for their service.
10

Nauvoo City Council Rough Minute Book, 5 Jan. 1844, 39–40.


 
City of Nauvoo v. F. M. Higbee
After learning of JS’s comments,
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

View Full Bio
wrote a letter to him on 10 January 1844 confronting him about “the inconsiderate, the unwarented, and unheard of Attack” he believed JS made upon his character before the city council and demanding that the church investigate the matter. In the letter, Higbee also criticized JS and threatened legal action.
11

Letter from Francis M. Higbee, 10 Jan. 1844.


On 15 January,
Orson Pratt

19 Sept. 1811–3 Oct. 1881. Farmer, writer, teacher, merchant, surveyor, editor, publisher. Born at Hartford, Washington Co., New York. Son of Jared Pratt and Charity Dickinson. Moved to New Lebanon, Columbia Co., New York, 1814; to Canaan, Columbia Co., fall...

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filed a complaint before
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, clerk of the
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
Municipal Court, accusing Higbee of using “slanderous and abusive epithets and language” toward JS while in Pratt’s home and declaring that he would “put him [JS] under ten thousand dollar bonds.”
12

Complaint, 15 Jan. 1844 [City of Nauvoo v. F. M. Higbee].


JS, as chief justice of the municipal court, reviewed the complaint and ordered Richards to issue an arrest warrant for Higbee. The following day, Higbee was brought before the court.
13

JS, Journal, 15–16 Jan. 1844; Richards, Journal, 15–16 Jan. 1844. It is unclear what Higbee was charged with, as Richards did not record a charge in the docket entry. In 1842, the municipal court prosecuted several slander suits against individuals accused of violating ordinances that dealt with disorderly persons and with religious societies. However, those ordinances seem to have been superseded, at least in part, by the January 1843 “Laws & Ordinances of the City of Nauvoo,” which included a provision that defined “a disturber of the peace” as someone who used “any abusive, indecent, or threatening words to another individual.” The 1843 laws and ordinances granted concurrent jurisdiction to the mayor, the aldermen, and the municipal court. (See Introduction to City of Nauvoo v. Davis for Slander of JS–A; Introduction to City of Nauvoo v. Davis for Slander of JS–B and City of Nauvoo v. Davis for Slander of JS–C; Introduction to City of Nauvoo v. Hunter; and Ordinances, 30 Jan. 1843.)


Comprehensive Works Cited

Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

JSP, D11 / McBride, Spencer W., Jeffrey D. Mahas, Brett D. Dowdle, and Tyson Reeder, eds. Documents, Volume 11: September 1842–February 1843. Vol. 11 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2020.

William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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, who was present during the proceedings, described Higbee as “very wrathy and vicious” and said that he “threatened to sue J. at the County Court.”
14

Clayton, Journal, 16 Jan. 1844.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Before the trial could proceed, however, around eleven o’clock in the morning the justices of the municipal court “adjourned one hour to accommodate the City Council,” which had a meeting scheduled for that morning.
15

Docket Entry, 15–ca. 16 Jan. 1844 [City of Nauvoo v. F. M. Higbee]; Nauvoo City Council Rough Minute Book, 16 Jan. 1844, 44.


Partway through the meeting, JS briefly stepped away from the council, possibly to meet with
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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. Following his return, JS announced that he and Higbee had reconciled; Higbee pledged his friendship to JS and, referring to “his distraction of mind the past week,” stated that he was “glad the difficulties are settled.” JS ordered that his comments about Higbee made on 5 January 1844 be stricken from the city council minutes. The municipal court then dropped the charges against Higbee.
16

Nauvoo City Council Rough Minute Book, 16 Jan. 1844, 44–45; JS, Journal, 16 Jan. 1844; Docket Entry, 15–ca. 16 Jan. 1844 [City of Nauvoo v. F. M. Higbee].


 
F. M. Higbee v. JS–A
Despite the reconciliation, JS and
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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’s relationship deteriorated further during the following months. On 26 February 1844, Higbee served as
Orsamus Bostwick

2 Mar. 1801–9 Aug. 1869. Blacksmith. Born in Hinesburg, Chittenden Co., Vermont. Son of Heman Bostwick and Belinda Palmer. Married first Sarah Eddy, 26 Mar. 1820. Moved to Onondaga, Onondaga Co., New York, by 1829. Married second Sarah Bardwell, 26 Mar. 1830...

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’s attorney in a case before JS in the mayor’s court involving allegations that JS’s brother
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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had married “spiritual wives.” After JS convicted Bostwick of slander, Higbee threatened to appeal the case, which JS believed would “stir up the mob” against the Saints.
17

JS, Journal, 26 Feb. 1844; Introduction to City of Nauvoo v. Bostwick, Bostwick v. JS and Greene, and Bostwick v. JS. JS prosecuted Bostwick under a city ordinance. According to the Nauvoo charter, defendants who appealed their convictions in the mayor’s or aldermen’s courts for violating city ordinances would first need to go to the Nauvoo Municipal Court and then appeal that decision to the circuit court. Bostwick ultimately decided not to appeal the decision, instead filing a civil suit against JS at the May 1844 term of the circuit court. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Praecipe, ca. 3 Mar. 1844 [Bostwick v. JS and Greene].)


Higbee also began associating with dissenters 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....

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, and on 28 April he was appointed an apostle in a new church formed by dissenters led by
Law

8 Sept. 1809–12/19 Jan. 1892. Merchant, millwright, physician. Born in Co. Tyrone, Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co...

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.
18

JS, Journal, 28 Apr. 1844. Higbee was excommunicated from the Church of Jesus Christ of Latter-day Saints on 18 May 1844. (Nauvoo Stake High Council Minutes, 18 May 1844.)


Comprehensive Works Cited

Nauvoo High Council Minutes, 1839–1845. CHL. LR 3102 22.

On 1 May 1844,
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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followed through on his earlier threat to sue JS in 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 ...

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, Illinois, circuit court for his 5 January comments. Higbee brought the suit, F. M. Higbee v. JS–A, as a “
trespass on the case

A legal writ that permits an individual to sue for damages for wrongs committed without force. This action is sometimes referred to as simply “case.” Trespass on the case was a broad category that encompassed more specific common law actions such as assumpsit...

View Glossary
” action, asking for $5,000 in damages for the harm done to his reputation by JS’s comments. The circuit court clerk labeled the suit number 128. At Higbee’s request, the circuit court issued a writ of
capias ad respondendum

Latin for “that you take until answer”; a writ commanding an officer to arrest a defendant to answer the plaintiff’s plea. A defendant arrested on this writ was committed to prison unless a bail bond was given. The amount of bail would be endorsed on the ...

View Glossary
on 1 May 1844. Hancock County deputy sheriff
John D. Parker

22 Nov. 1799–26 Feb. 1891. Farmer, wainwright. Born in Saratoga, Saratoga Co., New York. Son of Abel Parker and Mary Davies. Served in War of 1812 as teamster in General John E. Wool’s company, 1813–1814. Married Harriet Sherwood. Moved to Galway, Saratoga...

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served it by arresting JS 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
on 6 May 1844.
19

Praecipe, 1 May 1844 [F. M. Higbee v. JS–A]; Affidavit, 1 May 1844 [F. M. Higbee v. JS–A]; Capias ad Respondendum, 1 May 1844 [F. M. Higbee v. JS–A]. Illinois law required a request for a writ of capias ad respondendum to be accompanied by an affidavit detailing the wrong committed and showing how the “damages sustained” were “in danger of being lost,” thereby requiring the apprehension of the defendant. (An Act concerning Special Bail [26 Jan. 1827], Public and General Statute Laws of the State of Illinois, p. 88, sec. 1.)


Comprehensive Works Cited

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.

 
F. M. Higbee v. JS–A on Habeas Corpus
Following his arrest, JS prepared a petition to the
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
Municipal Court for a writ of habeas corpus. In the petition, JS argued that the writ of capias ad respondendum was “informal, and not of that character which the Law recognises as valid.” In addition, he asserted that
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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was motivated by revenge and malice and that the suit was part of a conspiracy against JS’s life. Municipal court clerk
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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issued the writ of habeas corpus on the evening of 6 May.
Lorenzo D. Wasson

1819–28 July 1857. Born in New York. Son of Benjamin Wasson and Elizabeth Hale. Lived at Harpursville, Broome Co., New York, by 1836. Moved to Farmington, Fulton Co., Illinois, Aug. 1836; to Palestine Grove, Ogle Co. (later Amboy, Lee Co.), Illinois, Dec....

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, who had been deputized to serve the writ, did so on 7 May. However, as only two justices—
George W. Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

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and
George A. Smith

26 June 1817–1 Sept. 1875. Born at Potsdam, St. Lawrence Co., New York. Son of John Smith and Clarissa Lyman. Baptized into Church of Jesus Christ of Latter-day Saints by Joseph H. Wakefield, 10 Sept. 1832, at Potsdam. Moved to Kirtland, Geauga Co., Ohio,...

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—were available, the municipal court postponed a hearing until 8 May.
20

JS, Journal, 6–7 May 1844; Petition to Nauvoo Municipal Court, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Habeas Corpus, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; see also Capias ad Respondendum, 1 May 1844, Copy [F. M. Higbee v. JS–A].


When the court convened, it reviewed the legality of JS’s detention. Because JS was the petitioner, he recused himself as chief justice, and
Newel K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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was elected president pro tempore of the court in his stead.
21

Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]. Samuel Bennett, George W. Harris, Gustavus Hills, William Marks, George A. Smith, Orson Spencer, and Daniel H. Wells sat as associate justices. (Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; see also Nauvoo City Council Minute Book, 8 Aug. 1842, 98.)


Although
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

View Full Bio
was notified of the proceedings, he did not appear.
22

Notice, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus].


JS’s attorneys,
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
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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, opened by challenging the legality of the warrant, arguing that the cause of action named in the writ—“plea of the case”—was vague and provided insufficient grounds for detention. In addition, Stiles asked the court to hear the merits of Higbee’s suit against JS and to permit the defense counsel to show that Higbee was part of a conspiracy against the petitioner’s life. JS also made a statement to the court, arguing that he had the right to present his testimony under oath. The municipal court sustained JS’s motion to “proceed to trial on the merits of the case.”
23

Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus].


Nine witnesses, including JS, testified. Much of the testimony provided background for JS’s 5 January 1844 comments before the
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
City Council regarding
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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. Most of the witnesses focused on Higbee’s sexual history, describing how he had contracted a venereal disease from a “French lady” in 1841. JS also submitted affidavits sworn by
Abiathar Williams

10 June 1806–28 Feb. 1875. Physician. Born in Cazenovia, Madison Co., New York. Son of Isaiah Williams and Ann Mattison. Married first Abiah Mackson, 10 Nov. 1825, in Cazenovia. Married second Harriet Sanford, 3 Mar. 1827. Moved to Nauvoo, Hancock Co., Illinois...

View Full Bio
and
Merinus G. Eaton

22 Mar. 1812–? Lived in Seneca, Ontario Co., New York, by June 1842. Indicted for “passing and having in possesion Counterfeit bank bills,” Aug. 1842, in Ontario Co. Moved to Nauvoo, Hancock Co., Illinois, by Jan. 1844. Commissioned aide-de-camp to JS in ...

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, who, although unable to attend the proceedings, claimed to have knowledge of the conspiracy against JS’s life.
24

Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Clayton, Journal, 27 Mar. 1844; Nauvoo Neighbor, 17 Apr. 1844, [2].


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

After the testimony concluded, the court discharged JS, citing the illegality of the warrant and Higbee’s “infamous” character, as well as declaring “that this suit was instituted through Malice, private pique and corruption.”
25

Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus].


 
F. M. Higbee v. JS–B
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

View Full Bio
responded to the municipal court’s
habeas corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

View Glossary
proceedings by filing a second, parallel suit for the same cause—F. M. Higbee v. JS–B—in the circuit court, with the clerk labeling it number 139. The court issued a summons on 8 May for JS to appear later that month at its scheduled term.
26

Praecipe, ca. 7 May 1844–A [F. M. Higbee v. JS–B]; Summons, 8 May 1844 [F. M. Higbee v. JS–B].


On 10 May, Higbee’s attorneys—
William Marr

5 Feb. 1817–5 Sept. 1844. Lawyer. Born in Scarborough, Cumberland Co., Maine. Son of Robert P. Marr and Olive Plaisted. Graduated from Bowdoin College, 1839, in Brunswick, Cumberland Co. Graduated from Harvard Law School, 1842. Moved to Nauvoo, Hancock Co...

View Full Bio
and
Sylvester Emmons

28 Feb. 1808–15 Nov. 1881. Lawyer, newspaper editor/publisher. Born in Readington Township, Hunterdon Co., New Jersey. Son of Abraham Emmons and Margaret Vlerebome. Moved to Philadelphia, 1831. Moved to Illinois, 1840. Admitted to bar in Hancock Co., Illinois...

View Full Bio
—initiated the
pleading process

Medieval and early modern common law courts in England developed a complex system of pretrial pleading in civil suits. Attorneys of both parties were required to file a series of legal documents, known as pleadings, that were designed “to render the facts...

View Glossary
by filing his
declaration

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
. They asserted that on 5 January 1844, JS publicly uttered “false scandalous malicious and defamatory words” that damaged Higbee’s reputation. According to the declaration, JS accused Higbee of fornication, adultery,
larceny

Taking and carrying away the personal property of another, with felonious intent and against the owner’s will. Illinois statute defined larceny as “the felonious stealing, taking and carrying, leading, riding, or driving away the personal goods of another...

View Glossary
, and having a venereal disease. The declaration further claimed that JS made similar comments on other occasions. JS’s remarks, the declaration concluded, injured Higbee’s “good name fame and credit” among his neighbors, who subsequently refused to transact business with him, causing Higbee to sustain damages amounting to $5,000.
27

Declaration, ca. 9 May 1844 [F. M. Higbee v. JS–B].


The circuit court opened its May 1844 term on 20 May.
28

Hancock Co., IL, Circuit Court Records, 1829–1897, vol. D, p. 64, microfilm 947,496, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

JS retained the services of attorneys
Almon Babbitt

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

View Full Bio
,
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
, and
Onias Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

View Full Bio
to represent him in the suit.
29

See Letter from Almon Babbitt, 17 May 1844; and Plea, 20 May 1844 [F. M. Higbee v. JS–B].


The attorneys filed a
plea in abatement

A plea to abate or suspend the plaintiff’s action until it is corrected.

View Glossary
, which asked the court to quash the second suit, number 139, arguing that the original suit, number 128, was “still depending.”
30

Plea, 20 May 1844 [F. M. Higbee v. JS–B]; Docket Entry, Plea, 21 May 1844 [F. M. Higbee v. JS–B].


Before the court could rule on the plea, one of
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

View Full Bio
’s attorneys filed a motion on 23 May for the court to dismiss suit 128, which was granted, allowing suit 139 to move forward.
31

Docket Entry, Dismissal, 23 May 1844 [F. M. Higbee v. JS–A].


The same day, Higbee filed an affidavit averring that he feared he would “not receive a fair trial” given “that the inhabitants of said
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
are prejudiced” against him and requested a change of venue. Although the court initially granted the motion, changing the venue to the circuit court of
McDonough County

Formed from Pike Co., 1825, organized 1829. Population in 1835 about 2,900. Population in 1840 about 5,300.

More Info
, Illinois, on 24 May the court delayed the change of venue until the pretrial pleadings could be completed.
32

Affidavit, 23 May 1844–A [F. M. Higbee v. JS–B]; Docket Entry, Motion and Change of Venue, 23 May 1844 [F. M. Higbee v. JS–B]; Docket Entry, Motion Set Aside, 24 May 1844 [F. M. Higbee v. JS–A].


On 25–26 May 1844, Babbitt met with JS 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
to discuss this and other cases that he was handling for JS at the circuit court. JS went to
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
, the seat of Hancock County, on 27 May to consult with his attorneys and to be present if any of the cases came to trial.
33

JS, Journal, 25–27 May 1844.


On 29 May 1844,
Babbitt

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

View Full Bio
filed with the circuit court JS’s pleas, which denied that
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

View Full Bio
had a cause of action on the grounds that the two men had previously reconciled and that the claim that Higbee had a venereal disease was true. Babbitt also requested a jury trial, which request was affirmed by Higbee’s counsel. After Babbitt filed the pleas, Higbee’s attorneys inscribed a
replication

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
on the page beneath the final plea, denying that Higbee had “the Pox in manner and form as the said Defendent” alleged.
34

Pleas, ca. 28 May 1844 [F. M. Higbee v. JS–B]; Docket Entry, Pleas and Demurrer, 29 May 1844 [F. M. Higbee v. JS–B]; Demurrer, ca. 28 May 1844 [F. M. Higbee v. JS–B].


In addition, on the same day, Higbee’s attorneys filed a
demurrer

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
, which argued that JS’s second and third pleas were “not sufficient in law” and that Higbee was “not bound by law to answer the same.” The demurrer did not, however, specify the reasons for this challenge.
35

Demurrer, ca. 28 May 1844 [F. M. Higbee v. JS–B].


At the circuit court in
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
, Judge
Jesse B. Thomas

31 July 1806–20 Feb. 1850. Lawyer, judge. Born in Lebanon, Warren Co., Ohio. Son of Richard Simmons Thomas and Florence Pattie. Attended Transylvania University, in Lexington, Fayette Co., Kentucky. Moved to Edwardsville, Madison Co., Illinois, before 1830...

View Full Bio
of the fifth judicial circuit heard oral arguments from both parties’ attorneys, which were not recorded, and then sustained the demurrer.
36

Transcript of Proceedings, 10 Aug. 1844 [F. M. Higbee v. JS–B]; Docket Entry, Demurrer Sustained, 29 May 1844 [F. M. Higbee v. JS–B].


The demurrer did not mention the first plea—which contained JS’s general denial of Higbee’s claims in the declaration—thereby sending the question of whether JS had actually wronged Higbee with his 5 January comments to the jury to decide.
37

Demurrer, ca. 28 May 1844 [F. M. Higbee v. JS–B]; Pleas, ca. 28 May 1844 [F. M. Higbee v. JS–B]; Stephen and Troubat, Treatise on the Principles of Pleading in Civil Actions, 279.


Comprehensive Works Cited

Stephen, Henry John, and Francis J. Troubat. A Treatise on the Principles of Pleading in Civil Actions; Comprising a Summary View of the Whole Proceedings in a Suit at Law. 2nd American ed. Philadelphia: Robert H. Small, 1831.

With the pleadings filed, Thomas granted the change of venue to the
McDonough County

Formed from Pike Co., 1825, organized 1829. Population in 1835 about 2,900. Population in 1840 about 5,300.

More Info
Circuit Court. The case was dismissed following JS’s death in June.
38

Docket Entry, Motion and Change of Venue, 23 May 1844 [F. M. Higbee v. JS–B]; Transcript of Proceedings, 10 Aug. 1844 [F. M. Higbee v. JS–B]; Docket Entry, Abatement, 27 Aug. 1844 [F. M. Higbee v. JS–B].


 
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.
 
City of Nauvoo v. F. M. Higbee, Nauvoo, Hancock Co., Illinois, Municipal Court

1844 (3)

January (3)

15 January 1844

Orson Pratt, Complaint, before Willard Richards, Nauvoo, Hancock Co., IL

  • 15 Jan. 1844; Nauvoo, IL, Records, CHL; handwriting of William W. Phelps; signature of Orson Pratt; certification in handwriting of Willard Richards; docket in handwriting of Willard Richards.
15 January 1844

Warrant, for Francis M. Higbee, Nauvoo, Hancock Co., IL

  • 15 Jan. 1844. Not extant.
    1

    See Docket Entry, 15–ca. 16 Jan. 1844 [City of Nauvoo v. F. M. Higbee]; and JS, Journal, 15 Jan. 1844.


15–ca. 16 January 1844

Docket Entry, Nauvoo, Hancock Co., IL

  • 15–ca. 16 Jan. 1844; Nauvoo Municipal Court Docket Book, 90; handwriting of Willard Richards; notation in handwriting of Thomas Bullock.

1845 (1)

February (1)

10 February 1845

Daniel Spencer, Pay Order, Nauvoo, Hancock Co., IL, to Nauvoo City Treasurer, for Nauvoo Municipal Court Clerk, Nauvoo, Hancock Co., IL

  • 10 Feb. 1845. Not extant.
    1

    See Docket Entry, 15–ca. 16 Jan. 1844 [City of Nauvoo v. F. M. Higbee].


 
F. M. Higbee v. JS–A, Hancock Co., Illinois, Circuit Court

1844 (10)

May (4)

1 May 1844

Francis M. Higbee, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • 1 May 1844; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Onias Skinner; signature of Francis M. Higbee; docket and notation in handwriting of David E. Head.
1 May 1844

Francis M. Higbee, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL
1

Illinois law required any request for a writ of capias ad respondendum to be accompanied by an affidavit detailing the wrong committed and showing how the “damages sustained” were “in danger of being lost,” thereby requiring the apprehension of the defendant. Higbee filed his affidavit on 1 May 1844. (An Act concerning Special Bail [26 Jan. 1827], Public and General Statute Laws of the State of Illinois, p. 88, sec. 1.)


Comprehensive Works Cited

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.

  • 1 May 1844; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; handwriting of Francis M. Higbee and Onias Skinner; certified by David E. Head; docket and notation in handwriting of David E. Head.
1 May 1844

David E. Head on behalf of Jacob B. Backenstos, Capias ad Respondendum, to Hancock Co. Sheriff, for JS, Carthage, Hancock Co., IL

  • 1 May 1844; microfilm in Circuit Court Case Files, 1830–1900, CHL; printed form with manuscript additions in handwriting of David E. Head; docket and notation printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of John D. Parker; notation probably in handwriting of David E. Head.
  • Between 6 and 8 May 1844; JS Collection (Supplement), CHL; handwriting of Thomas Bullock; docket and notations in handwriting of Thomas Bullock; notation in handwriting Willard Richards.
    1

    This version of the capias was created as part of the habeas corpus proceedings in the Nauvoo Municipal Court. The copy may have been made as early as 6 May 1844, at the same time as the petition, although the copied capias was not filed with the court until 8 May, along with the other papers in the case. (See Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus].)


  • 15 May 1844; in Trial Report, Nauvoo Neighbor, 15 May 1844, 2:[3].
    2

    This version of the capias was published in the Nauvoo Neighbor as part of the trial report for the Nauvoo Municipal Court habeas corpus proceedings.


  • Ca. 18 May 1844; in Trial Report, Times and Seasons, 15 May 1844, 5:537.
    3

    This version of the capias was published in the Times and Seasons as part of the trial report for the Nauvoo Municipal Court habeas corpus proceedings. Although the issue was dated 15 May 1844, it referenced a meeting of the Nauvoo High Council held on 18 May 1844. (“Notice,” Times and Seasons, 15 May 1844, 5:543.)


    Comprehensive Works Cited

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

  • 20 May 1844; in Bachman & Skinner and Almon Babbitt on behalf of JS, Plea, pp. [1]–[2], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Onias Skinner.
    4

    This version of the capias was copied into JS’s plea as part of F. M. Higbee v. JS–B.


23 May 1844

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

  • 23 May 1844; Hancock County Circuit Court Record, vol. D, p. 116, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

August (2)

16 August 1844

Fee Bill, Carthage, Hancock Co., IL

  • 16 Aug. 1844. Not extant.
    1

    See Docket Entry, Fee Bill, between 16 Aug. and ca. 14 Nov. 1844 [F. M. Higbee v. JS–A]; and Certificate, 23 Feb. 1846 [F. M. Higbee v. JS–A].


Ca. 16 August 1844

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

  • Ca. 16 Aug. 1844; Hancock County Circuit Court, Fee Book G, p. 282. Not extant.
    1

    See Docket Entry, Fee Bill, between 16 Aug. and ca. 14 Nov. 1844 [F. M. Higbee v. JS–A].


September (2)

11 September 1844

Fieri Facias, Carthage, Hancock Co., IL

  • 11 Sept. 1844. Not extant.
    1

    See Docket Entry, Fieri Facias, between 11 Sept. and ca. 9 Dec. 1844 [F. M. Higbee v. JS–A].


Ca. 11 September 1844

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

  • Ca. 11 Sept. 1844; Hancock County Circuit Court, Fee Book G, p. 311. Not extant.
    1

    See Docket Entry, Fieri Facias, between 11 Sept. and ca. 9 Dec. 1844 [F. M. Higbee v. JS–A].


November (1)

Between 16 August and ca. 14 November 1844

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

  • Between 16 Aug. and ca. 14 Nov. 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [155], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting; notation in handwriting of David E. Head.

December (1)

Between 11 September and ca. 9 December 1844

Docket Entry, Fieri Facias, Carthage, Hancock Co., IL

  • Between 11 Sept. and ca. 9 Dec. 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [164]; Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head; notation in unidentified handwriting.

1845 (2)

April (2)

Between 23 May 1844 and ca. 15 April 1845

Docket Entry, Carthage, Hancock Co., IL

  • Between 23 May 1844 and ca. 15 Apr. 1845; Hancock County Circuit Court, Judgment Docket, vol. B, p. 67, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.
Ca. 15 April 1845

Certificate, Carthage, Hancock Co., IL

  • Ca. 15 Apr. 1845. Not extant.
    1

    See Certificate, 23 Feb. 1846 [F. M. Higbee v. JS–A].


1846 (2)

February (1)

23 February 1846

Jacob B. Backenstos, Certificate, Carthage, Hancock Co., IL

  • 23 Feb. 1846. Not extant.
  • Ca. 1 Apr. 1846; microfilm in Circuit Court Case Files, 1830–1900, CHL; unidentified handwriting; docket in unidentified handwriting; notation in handwriting of A. W. Blakesley; notation in unidentified handwriting.
  • Ca. 2 Apr. 1846; Hancock County Sheriff, Old Certificates of Purchase, Levy, and Redemption, p. 241, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Melancton S. Carey.
  • Ca. 2 Apr. 1846; Hancock County Sheriff, Old Certificates of Purchase, Levy, and Redemption, p. 241, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Melancton S. Carey.
    1

    For unknown reasons, Carey appears to have copied the certificate twice onto page 241 of the record book. The second copy was labeled “Copy” and “Void” in the margin.


April (1)

2 April 1846

H. G. Ferris on behalf of Jacob B. Backenstos, Certificate, Hancock Co., IL

  • 2 Apr. 1846. Not extant.
  • Ca. 2 Apr. 1846; Hancock County Sheriff, Old Certificates of Purchase, Levy, and Redemption, pp. 241–242, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Melancton S. Carey.
 
F. M. Higbee v. JS–A on Habeas Corpus, Nauvoo, Hancock Co., Illinois, Municipal Court

1844 (11)

May (10)

1 May 1844

David E. Head on behalf of Jacob B. Backenstos, Capias ad Respondendum, Copy, to Hancock Co. Sheriff, for JS, Carthage, Hancock Co., IL

  • Between 6 and 8 May 1844; JS Collection (Supplement), CHL; handwriting of Thomas Bullock; docket and notations in handwriting of Thomas Bullock; notation in handwriting Willard Richards.
    1

    This represents the version of the Hancock County Circuit Court capias created as part of the Nauvoo Municipal Court habeas corpus proceedings. The copy may have been made as early as 6 May 1844, at the same time as the petition, although the copied capias was not filed with the court until 8 May, along with the other papers in the case. (See Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus].)


  • 15 May 1844; in Trial Report, Nauvoo Neighbor, 15 May 1844, 2:[3].
    2

    This represents the version of the Hancock County Circuit Court capias published in the Nauvoo Neighbor as part of the trial report for the Nauvoo Municipal Court habeas corpus proceedings.


  • Ca. 18 May 1844; in Trial Report, Times and Seasons, 15 May 1844, 5:536.
    3

    This represents the version of the Hancock County Circuit Court capias published in the Times and Seasons as part of the trial report for the Nauvoo Municipal Court habeas corpus proceedings. Although the issue was dated 15 May 1844, it referenced a meeting of the Nauvoo High Council held on 18 May 1844. (“Notice,” Times and Seasons, 15 May 1844, 5:543.)


    Comprehensive Works Cited

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

  • 20 May 1844; in Bachman & Skinner and Almon Babbitt on behalf of JS, Plea, pp. [1]–[2], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Onias Skinner.
    4

    This represents the version of the Hancock County Circuit Court capias copied into JS’s plea as part of F. M. Higbee v. JS–B.


6 May 1844

JS, Petition, to Nauvoo Municipal Court, Nauvoo, Hancock Co., IL

  • 6 May 1844; JS Collection, CHL; handwriting of George Stiles and Willard Richards; signature of JS in handwriting of Willard Richards; docket and notation in handwriting of Willard Richards.
  • 15 May 1844; in Trial Report, Nauvoo Neighbor, 15 May 1844, 2:[3].
  • Ca. 18 May 1844; in Trial Report, Times and Seasons, 15 May 1844, 5:536.
    1

    Although dated 15 May 1844, the issue referenced a meeting of the Nauvoo High Council held on 18 May 1844. (“Notice,” Times and Seasons, 15 May 1844, 5:543.)


    Comprehensive Works Cited

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

6 May 1844

Willard Richards, Habeas Corpus, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 6 May 1844; Nauvoo, IL, Records, CHL; manuscript form in handwriting of Willard Richards with manuscript additions in handwriting of Willard Richards; docket and notations in handwriting of Willard Richards; notations in handwriting of Lorenzo D. Wasson; notation in handwriting of Willard Richards.
  • 6 May 1844; Nauvoo, IL, Records, CHL; manuscript form in handwriting of Willard Richards; docket in handwriting of Willard Richards; notation in handwriting of Willard Richards with signature of Lorenzo D. Wasson; notation and docket in handwriting of John D. Parker; notation in handwriting of Willard Richards.
  • 15 May 1844; in Trial Report, Nauvoo Neighbor, 15 May 1844, 2:[3].
  • Ca. 18 May 1844; in Trial Report, Times and Seasons, 15 May 1844, 5:536–537.
    1

    Although dated 15 May 1844, the issue referenced a meeting of the Nauvoo High Council held on 18 May 1844. (“Notice,” Times and Seasons, 15 May 1844, 5:543.)


    Comprehensive Works Cited

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

6 May 1844

Willard Richards, Notice, to Francis M. Higbee, Nauvoo, Hancock Co., IL

  • 6 May 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket in handwriting of Willard Richards; notations in handwriting of John D. Parker; notation in handwriting of Willard Richards.
  • 15 May 1844; in Trial Report, Nauvoo Neighbor, 15 May 1844, 2:[3].
  • Ca. 18 May 1844; in Trial Report, Times and Seasons, 15 May 1844, 5:537.
    1

    Although dated 15 May 1844, the issue referenced a meeting of the Nauvoo High Council held on 18 May 1844. (“Notice,” Times and Seasons, 15 May 1844, 5:543.)


    Comprehensive Works Cited

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

6 May 1844

Willard Richards, Summons, to Nauvoo City Marshal, for Daniel H. Wells and Others, Nauvoo, Hancock Co., IL

  • 6 May 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket and notation in handwriting of Willard Richards; notation in handwriting of John D. Parker.
6–8 May 1844

Minutes, Nauvoo, Hancock Co., IL

  • 6–8 May 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards.
8 May 1844

Willard Richards, Subpoena, for Brigham Young and Others, Nauvoo, Hancock Co., IL

  • 8 May 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; notations in handwriting of John D. Parker.
8 May 1844

Account of Hearing, Nauvoo, Hancock Co., IL

  • 8 May 1844; Nauvoo, IL, Records, CHL; handwriting of Thomas Bullock; docket and notation in handwriting of Thomas Bullock; docket in unidentified handwriting.
  • 10 May 1844;
    1

    Thomas Bullock made this copy of his account of the 8 May 1844 proceedings on 10 May, and his revised account was incorporated into the trial report published in the Nauvoo Neighbor. (Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Trial Report, 12–15 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus].)


    Nauvoo, IL, Records, CHL; handwriting of Thomas Bullock; docket and notation in handwriting of Willard Richards.
12 May 1844

Docket Entry, Nauvoo, Hancock Co., IL

  • 12 May 1844;
    1

    Willard Richards noted in his journal on 12 May 1844 that he wrote in the “municipal court record,” presumably a reference to inscribing the docket entry for this case. (Richards, Journal, 12 May 1844.)


    Comprehensive Works Cited

    Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

    Nauvoo Municipal Court Docket Book, 95–96; handwriting of Willard Richards; notation in handwriting of Willard Richards; notation in handwriting of Thomas Bullock.
12–15 May 1844

Trial Report, Nauvoo, Hancock Co., IL

  • 12 May 1844;
    1

    Willard Richards noted in his journal on 12 May 1844 that he wrote “for the neighbor,” a phrase that he included in a docket for this document. (Richards, Journal, 12 May 1844.)


    Comprehensive Works Cited

    Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

    JS Office Papers, CHL; handwriting of Willard Richards; docket and notation in handwriting of Willard Richards; notation in handwriting of Thomas Bullock. Draft.
  • 12–15 May 1844; in “Municipal Court,” Nauvoo Neighbor, 15 May 1844, 2:[3].
  • Ca. 18 May 1844; in “Municipal Court,” Times and Seasons, 15 May 1844, 5:536–541.
    2

    Although dated 15 May 1844, the issue referenced a meeting of the Nauvoo High Council held on 18 May 1844. (“Notice,” Times and Seasons, 15 May 1844, 5:543.)


    Comprehensive Works Cited

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

June (1)

4 June 1844

Willard Richards, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 4 June 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket and notation in handwriting of Willard Richards; endorsement in handwriting of John P. Greene; notation in handwriting of Jonathan C. Wright.
 
F. M. Higbee v. JS–B, Hancock Co., Illinois, Circuit Court

1844 (22)

May (19)

Ca. 7 May 1844

Chauncey L. Higbee on behalf of Francis M. Higbee, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL, ca. 7 May 1844–A

  • Ca. 7 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Chauncey L. Higbee; docket and notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
    1

    The praecipe for a summons for JS was filed with the Hancock County Circuit Court on 8 May 1844 and later forwarded to the McDonough County Circuit Court, where it was filed by clerk James M. Campbell on 12 August 1844.


Ca. 7 May 1844

Chauncey L. Higbee on behalf of Francis M. Higbee, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL, ca. 7 May 1844–B

  • Ca. 7 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Chauncey L. Higbee; docket in handwriting of Chauncey L. Higbee; docket and notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
    1

    The praecipe for subpoenas for witnesses was filed with the Hancock County Circuit Court on 8 May 1844 and later forwarded to the McDonough County Circuit Court, where it was filed by clerk James M. Campbell on 12 August 1844.


8 May 1844

David E. Head on behalf of Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for JS, Carthage, Hancock Co., IL

  • 8 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of John D. Parker; notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
    1

    The summons was filed with the Hancock County Circuit Court on 14 May 1844 and later forwarded to the McDonough County Circuit Court, where it was filed by clerk James M. Campbell on 12 August 1844.


8 May 1844

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for William Law and Others, Carthage, Hancock Co., IL, 8 May 1844–A

  • 8 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of John D. Parker; notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
    1

    The subpoena was filed with the Hancock County Circuit Court on 14 May 1844 and later forwarded to the McDonough County Circuit Court, where it was filed by clerk James M. Campbell on 12 August 1844.


8 May 1844

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Benjamin Warrington, Carthage, Hancock Co., IL, 8 May 1844–B

  • 8 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of John D. Parker; notation probably in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
    1

    The subpoena was filed with the Hancock County Circuit Court on 14 May 1844 and later forwarded to the McDonough County Circuit Court, where it was filed by clerk James M. Campbell on 12 August 1844.


Ca. 9 May 1844

William Marr and Sylvester Emmons on behalf of Francis M. Higbee, Declaration, Hancock Co., IL

  • Ca. 9 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of William Marr; docket in handwriting of William Marr; notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
    1

    The declaration was filed with the Hancock County Circuit Court on 10 May 1844 and later forwarded to the McDonough County Circuit Court, where it was filed by clerk James M. Campbell on 12 August 1844.


20 May 1844

Bachman & Skinner and Almon Babbitt on behalf of JS, Plea, Hancock Co., IL

  • 20 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; docket in unidentified handwriting; notation in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
    1

    The plea in abatement was filed with the Hancock County Circuit Court on 21 May 1844 and later forwarded to the McDonough County Circuit Court, where it was filed by clerk James M. Campbell on 12 August 1844.


21 May 1844

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

  • 21 May 1844; Hancock County Circuit Court Record, vol. D, p. 90, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
  • 10 Aug. 1844; in Transcript of Proceedings, [1, 7–8], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos.
    1

    The docket entry was copied into the 10 August 1844 transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


23 May 1844

Francis M. Higbee, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 23 May 1844–A

  • 23 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Francis M. Higbee; signature of Jacob B. Backenstos; canceled docket in handwriting of Chauncey L. Higbee; docket and notation in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
    1

    The affidavit, which asserted that Higbee was unable to receive a fair trial in Hancock County, was filed with the Hancock County Circuit Court on 23 May 1844 and later forwarded to the McDonough County Circuit Court, where it was filed by clerk James M. Campbell on 12 August 1844.


23 May 1844

Augustine Spencer, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 23 May 1844–B

  • 23 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in unidentified handwriting; signature presumably of Augustine Spencer; signature of David E. Head on behalf of Jacob B. Backenstos; docket and notation in handwriting of David E. Head.
23 May 1844

Benjamin Warrington, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 23 May 1844–C

  • 23 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature presumably of Benjamin Warrington; docket and notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
    1

    The affidavit was filed with the Hancock County Circuit Court on 23 May 1844 and later forwarded to the McDonough County Circuit Court, where it was filed by clerk James M. Campbell on 12 August 1844.


23 May 1844

Docket Entry, Motion and Change of Venue, Carthage, Hancock Co., IL

  • 23 May 1844; Hancock County Circuit Court Record, vol. D, p. 122, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
  • 10 Aug. 1844; in Transcript of Proceedings, [1, 7–8], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos.
    1

    The docket entry was copied into the 10 August 1844 transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


24 May 1844

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

  • 24 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in handwriting of Robert D. Foster; signature of Jacob B. Backenstos; docket and notation in handwriting of David E. Head.
24 May 1844

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

  • 24 May 1844; Hancock County Circuit Court Record, vol. D, p. 126, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 28 May 1844

Almon Babbitt and Onias Skinner on behalf of JS, Pleas, Hancock Co., IL

  • Ca. 28 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Almon Babbitt and William Marr; signatures of Almon Babbitt and Onias Skinner in handwriting of Almon Babbitt; signatures of Calvin A. Warren and William Marr by William Marr; docket in handwriting of Almon Babbitt; notation possibly in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
    1

    Francis M. Higbee’s attorneys, Higbee & Warren and William Marr, inscribed a replication on the same page as the pleas. The pleas in bar and replication were filed with the Hancock County Circuit Court on 29 May 1844 and later forwarded to the McDonough County Circuit Court, where they were filed by clerk James M. Campbell on 12 August 1844. (Replication, ca. 28 May 1844 [F. M. Higbee v. JS–B].)


Ca. 28 May 1844

Calvin A. Warren and William Marr on behalf of Francis M. Higbee, Replication, Hancock Co., IL

  • Ca. 28 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of William Marr; notation possibly in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
    1

    The replication was inscribed on the same page as the pleas filed by Almon Babbitt and Onias Skinner on behalf of JS. The pleas and replication were filed with the Hancock County Circuit Court on 29 May 1844 and later forwarded to the McDonough County Circuit Court, where they were filed by clerk James M. Campbell on 12 August 1844. (Pleas, ca. 28 May 1844 [F. M. Higbee v. JS–B].)


Ca. 28 May 1844

Higbee & Warren
1

Attorneys Chauncey L. Higbee and Calvin A. Warren advertised under the name “Warren & Higbee.” (“C. A. Warren & Higbee. Attorneys and Counsellors at Law,” Nauvoo Neighbor, 3 Apr. 1844, [4].)


Comprehensive Works Cited

Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

and William Marr on behalf of Francis M. Higbee, Demurrer, Hancock Co., IL

  • Ca. 28 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of William Marr; docket in handwriting of William Marr; notation probably in handwriting of David E. Head; notation in handwriting of James M. Campbell.
    2

    The demurrer was filed with the Hancock County Circuit Court on 29 May 1844 and later forwarded to the McDonough County Circuit Court, where it was filed by clerk James M. Campbell on 12 August 1844.


29 May 1844

Docket Entry, Pleas and Demurrer, Carthage, Hancock Co., IL

  • 29 May 1844; Hancock County Circuit Court Record, vol. D, p. [155], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
  • 10 Aug. 1844; in Transcript of Proceedings, [2, 7–8], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos.
    1

    The docket entry was copied into the 10 August 1844 transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


29 May 1844

Docket Entry, Demurrer Sustained, Carthage, Hancock Co., IL

  • 29 May 1844; Hancock County Circuit Court Record, vol. D, p. [157], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
  • 10 Aug. 1844; in Transcript of Proceedings, [2, 7–8], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos.
    1

    The docket entry was copied into the 10 August 1844 transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


August (3)

9 August 1844

Bill of Costs, Carthage, Hancock Co., IL

  • 9 Aug. 1844; in Transcript of Proceedings, [3, 7–8], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos; certification printed with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
    1

    A bill of the plaintiff’s costs was included in the Hancock County Circuit Court transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


10 August 1844

Bill of Costs, Carthage, Hancock Co., IL

  • 10 Aug. 1844; in Transcript of Proceedings, [5, 7–8], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos; certification printed with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
    1

    A bill of the defendant’s costs was included in the Hancock County Circuit Court transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


10 August 1844

Transcript of Proceedings, Carthage, Hancock Co., IL

  • 10 Aug. 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos; certifications printed with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
    1

    Hancock County Circuit Court clerk Jacob B. Backenstos created a transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


 
F. M. Higbee v. JS–B, McDonough Co., Illinois, Circuit Court

1844 (13)

May (5)

21 May 1844

Docket Entry, Plea, Copy, Carthage, Hancock Co., IL

  • 10 Aug. 1844; in Transcript of Proceedings, [1, 7–8], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos.
    1

    This represents the version of the Hancock County Circuit Court docket entry copied into the 10 August 1844 transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


23 May 1844

Docket Entry, Motion and Change of Venue, Copy, Carthage, Hancock Co., IL

  • 10 Aug. 1844; in Transcript of Proceedings, [1, 7–8], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos.
    1

    This represents the version of the Hancock County Circuit Court docket entry copied into the 10 August 1844 transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


29 May 1844

Docket Entry, Pleas and Demurrer, Copy, Carthage, Hancock Co., IL

  • 10 Aug. 1844; in Transcript of Proceedings, [2, 7–8], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos.
    1

    This represents the version of the Hancock County Circuit Court docket entry copied into the 10 August 1844 transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


29 May 1844

Docket Entry, Demurrer Sustained, Copy, Carthage, Hancock Co., IL

  • 10 Aug. 1844; in Transcript of Proceedings, [2, 7–8], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos.
    1

    This represents the version of the Hancock County Circuit Court docket entry copied into the 10 August 1844 transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


29 May 1844

Chauncey L. Higbee and William Marr on behalf of Francis M. Higbee, Praecipe, Hancock Co., IL, to McDonough Co. Circuit Court Clerk, Macomb, McDonough Co., IL

  • 29 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Chauncey L. Higbee; docket in handwriting of Chauncey L. Higbee; notation in unidentified handwriting.

August (7)

9 August 1844

Bill of Costs, Carthage, Hancock Co., IL

  • 9 Aug. 1844; in Transcript of Proceedings, [3, 7–8], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos; certification printed with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
    1

    This represents the original bill of the plaintiff’s costs included in the Hancock County Circuit Court transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


10 August 1844

Bill of Costs, Carthage, Hancock Co., IL

  • 10 Aug. 1844; in Transcript of Proceedings, [5, 7–8], McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos; certification printed with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
    1

    This represents the original bill of the defendant’s costs included in the Hancock County Circuit Court transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


10 August 1844

Transcript of Proceedings, Carthage, Hancock Co., IL

  • 10 Aug. 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos; certifications printed with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
    1

    This represents the original Hancock County Circuit Court transcript of proceedings, which was sent to the McDonough County Circuit Court where it was filed by clerk James M. Campbell on 12 August 1844.


14 August 1844

James M. Campbell, Subpoena, to McDonough Co. Sheriff, for Benjamin Warrington and Others, Macomb, McDonough Co., IL

  • 14 Aug. 1844. Not extant.
    1

    See Praecipe, 29 May 1844 [F. M. Higbee v. JS–B].


27 August 1844

Docket Entry, Abatement, Macomb, McDonough Co., IL

  • 27 Aug. 1844; McDonough County Circuit Court Record, vol. B, p. [336], Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; unidentified handwriting.
Ca. 27 August 1844

Docket Entry, Macomb, McDonough Co., IL

  • Ca. 27 Aug. 1844;
    1

    Docket entries in this record book were not inscribed in chronological order. It is unknown exactly when the F. M. Higbee v. JS–B entry was recorded, but presumably the entry was written sometime around the judgment on 27 August 1844.


    McDonough County Circuit Court, Judgment Docket, vol. 2, p. [58], Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; unidentified handwriting; notation in unidentified handwriting.
Ca. August 1844

Docket Entry, Abatement, Macomb, McDonough Co., IL

  • Ca. Aug. 1844; McDonough County Circuit Court Dockets, March 1843–November 1851, p. [25], Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of unidentified scribes; notation in unidentified handwriting.

October (1)

11 October 1844

Fee Bill, Macomb, McDonough Co., IL

  • 11 Oct. 1844. Not extant.
    1

    See Docket Entry, ca. 27 Aug. 1844 [F. M. Higbee v. JS–B].


1846 (1)

April (1)

24 April 1846

Alias Fee Bill, Macomb, McDonough Co., IL

  • 24 Apr. 1846. Not extant.
    1

    See Docket Entry, ca. 27 Aug. 1844 [F. M. Higbee v. JS–B].


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Related Case Documents
Editorial Title
Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B
ID #
19232
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Isaac Higbee, Autobiographical Sketch, 24 May 1864, Obituary Notices and Biographies, CHL, [1]–[2]; “A History, of the Persecution, of the Church of Jesus Christ, of Latter Day Saints in Missouri,” Dec. 1839–Oct. 1840; 1840 U.S. Census, Hancock Co., IL, 166.

      Obituary Notices and Biographies, 1854–1877. CHL. MS 4760.

      Census (U.S.) / U.S. Bureau of the Census. Population Schedules. Microfilm. FHL.

    2. [2]

      See Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; and Pleas, ca. 28 May 1844 [F. M. Higbee v. JS–B].

    3. [3]

      “Communication,” Warsaw Signal, 29 May 1844, [2]. For more information on JS’s purported proposal to Nancy Rigdon, see Historical Introduction to Appendix: Letter to Nancy Rigdon, ca. Mid-Apr. 1842.

      Warsaw Signal. Warsaw, IL. 1841–1853.

    4. [4]

      Letter from Francis M. Higbee, 8 Sept. 1843.

    5. [5]

      Complaint, 15 Jan. 1844 [City of Nauvoo v. F. M. Higbee]; Minutes and Discourse, 29 Dec. 1843.

    6. [6]

      Nauvoo City Council Rough Minute Book, 3 and 5 Jan. 1844, 32–38.

    7. [7]

      Nauvoo City Council Rough Minute Book, 5 Jan. 1844, 36–39; Complaint, 15 Jan. 1844 [City of Nauvoo v. F. M. Higbee].

    8. [8]

      Nauvoo City Council Rough Minute Book, 5 Jan. 1844, 39.

    9. [9]

      Law, Record of Doings, 5 Jan. 1844, in Cook, William Law, 45–46. Although still a Latter-day Saint, Law was estranged from JS by this time, which may have influenced how he represented the meeting.

      Cook, Lyndon W. William Law: Biographical Essay, Nauvoo Diary, Correspondence, Interview. Orem, UT: Grandin Book, 1994.

    10. [10]

      Nauvoo City Council Rough Minute Book, 5 Jan. 1844, 39–40.

    11. [11]

      Letter from Francis M. Higbee, 10 Jan. 1844.

    12. [12]

      Complaint, 15 Jan. 1844 [City of Nauvoo v. F. M. Higbee].

    13. [13]

      JS, Journal, 15–16 Jan. 1844; Richards, Journal, 15–16 Jan. 1844. It is unclear what Higbee was charged with, as Richards did not record a charge in the docket entry. In 1842, the municipal court prosecuted several slander suits against individuals accused of violating ordinances that dealt with disorderly persons and with religious societies. However, those ordinances seem to have been superseded, at least in part, by the January 1843 “Laws & Ordinances of the City of Nauvoo,” which included a provision that defined “a disturber of the peace” as someone who used “any abusive, indecent, or threatening words to another individual.” The 1843 laws and ordinances granted concurrent jurisdiction to the mayor, the aldermen, and the municipal court. (See Introduction to City of Nauvoo v. Davis for Slander of JS–A; Introduction to City of Nauvoo v. Davis for Slander of JS–B and City of Nauvoo v. Davis for Slander of JS–C; Introduction to City of Nauvoo v. Hunter; and Ordinances, 30 Jan. 1843.)

      Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

      JSP, D11 / McBride, Spencer W., Jeffrey D. Mahas, Brett D. Dowdle, and Tyson Reeder, eds. Documents, Volume 11: September 1842–February 1843. Vol. 11 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2020.

    14. [14]

      Clayton, Journal, 16 Jan. 1844.

      Clayton, William. Journals, 1842–1845. CHL.

    15. [15]

      Docket Entry, 15–ca. 16 Jan. 1844 [City of Nauvoo v. F. M. Higbee]; Nauvoo City Council Rough Minute Book, 16 Jan. 1844, 44.

    16. [16]

      Nauvoo City Council Rough Minute Book, 16 Jan. 1844, 44–45; JS, Journal, 16 Jan. 1844; Docket Entry, 15–ca. 16 Jan. 1844 [City of Nauvoo v. F. M. Higbee].

    17. [17]

      JS, Journal, 26 Feb. 1844; Introduction to City of Nauvoo v. Bostwick, Bostwick v. JS and Greene, and Bostwick v. JS. JS prosecuted Bostwick under a city ordinance. According to the Nauvoo charter, defendants who appealed their convictions in the mayor’s or aldermen’s courts for violating city ordinances would first need to go to the Nauvoo Municipal Court and then appeal that decision to the circuit court. Bostwick ultimately decided not to appeal the decision, instead filing a civil suit against JS at the May 1844 term of the circuit court. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Praecipe, ca. 3 Mar. 1844 [Bostwick v. JS and Greene].)

    18. [18]

      JS, Journal, 28 Apr. 1844. Higbee was excommunicated from the Church of Jesus Christ of Latter-day Saints on 18 May 1844. (Nauvoo Stake High Council Minutes, 18 May 1844.)

      Nauvoo High Council Minutes, 1839–1845. CHL. LR 3102 22.

    19. [19]

      Praecipe, 1 May 1844 [F. M. Higbee v. JS–A]; Affidavit, 1 May 1844 [F. M. Higbee v. JS–A]; Capias ad Respondendum, 1 May 1844 [F. M. Higbee v. JS–A]. Illinois law required a request for a writ of capias ad respondendum to be accompanied by an affidavit detailing the wrong committed and showing how the “damages sustained” were “in danger of being lost,” thereby requiring the apprehension of the defendant. (An Act concerning Special Bail [26 Jan. 1827], Public and General Statute Laws of the State of Illinois, p. 88, sec. 1.)

      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.

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      JS, Journal, 6–7 May 1844; Petition to Nauvoo Municipal Court, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Habeas Corpus, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; see also Capias ad Respondendum, 1 May 1844, Copy [F. M. Higbee v. JS–A].

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      Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]. Samuel Bennett, George W. Harris, Gustavus Hills, William Marks, George A. Smith, Orson Spencer, and Daniel H. Wells sat as associate justices. (Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; see also Nauvoo City Council Minute Book, 8 Aug. 1842, 98.)

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      Notice, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus].

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      Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus].

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      Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Clayton, Journal, 27 Mar. 1844; Nauvoo Neighbor, 17 Apr. 1844, [2].

      Clayton, William. Journals, 1842–1845. CHL.

      Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

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      Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus].

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      Praecipe, ca. 7 May 1844–A [F. M. Higbee v. JS–B]; Summons, 8 May 1844 [F. M. Higbee v. JS–B].

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      Declaration, ca. 9 May 1844 [F. M. Higbee v. JS–B].

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      Hancock Co., IL, Circuit Court Records, 1829–1897, vol. D, p. 64, microfilm 947,496, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

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      See Letter from Almon Babbitt, 17 May 1844; and Plea, 20 May 1844 [F. M. Higbee v. JS–B].

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      Plea, 20 May 1844 [F. M. Higbee v. JS–B]; Docket Entry, Plea, 21 May 1844 [F. M. Higbee v. JS–B].

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      Docket Entry, Dismissal, 23 May 1844 [F. M. Higbee v. JS–A].

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      Affidavit, 23 May 1844–A [F. M. Higbee v. JS–B]; Docket Entry, Motion and Change of Venue, 23 May 1844 [F. M. Higbee v. JS–B]; Docket Entry, Motion Set Aside, 24 May 1844 [F. M. Higbee v. JS–A].

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      JS, Journal, 25–27 May 1844.

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      Pleas, ca. 28 May 1844 [F. M. Higbee v. JS–B]; Docket Entry, Pleas and Demurrer, 29 May 1844 [F. M. Higbee v. JS–B]; Demurrer, ca. 28 May 1844 [F. M. Higbee v. JS–B].

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      Demurrer, ca. 28 May 1844 [F. M. Higbee v. JS–B].

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      Transcript of Proceedings, 10 Aug. 1844 [F. M. Higbee v. JS–B]; Docket Entry, Demurrer Sustained, 29 May 1844 [F. M. Higbee v. JS–B].

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      Demurrer, ca. 28 May 1844 [F. M. Higbee v. JS–B]; Pleas, ca. 28 May 1844 [F. M. Higbee v. JS–B]; Stephen and Troubat, Treatise on the Principles of Pleading in Civil Actions, 279.

      Stephen, Henry John, and Francis J. Troubat. A Treatise on the Principles of Pleading in Civil Actions; Comprising a Summary View of the Whole Proceedings in a Suit at Law. 2nd American ed. Philadelphia: Robert H. Small, 1831.

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      Docket Entry, Motion and Change of Venue, 23 May 1844 [F. M. Higbee v. JS–B]; Transcript of Proceedings, 10 Aug. 1844 [F. M. Higbee v. JS–B]; Docket Entry, Abatement, 27 Aug. 1844 [F. M. Higbee v. JS–B].

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