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Introduction to Dana v. Brink Summons, 14 February 1843 [Dana v. Brink] Subpoena, 15 February 1843 [Dana v. Brink] Subpoena, 18 February 1843 [Dana v. Brink] Subpoena, 23 February 1843 [Dana v. Brink] Subpoena, 27 February 1843 [Dana v. Brink] Bill of Particulars, circa 2 March 1843 [Dana v. Brink] Execution, 10 March 1843 [Dana v. Brink] Trial Report, 4–22 March 1843 [Dana v. Brink] Bond, 29 March 1843 [Dana v. Brink] Notice of Appeal, 31 March 1843 [Dana v. Brink] Subpoena, 4 April 1843 [Dana v. Brink] Subpoena, 7 April 1843 [Dana v. Brink] Supersedeas, 8 April 1843 [Dana v. Brink] Subpoena, 13 April 1843 [Dana v. Brink] Attachment, 19 April 1843 [Dana v. Brink] Docket Entry, between 31 March and circa 19 April 1843 [Dana v. Brink] Execution, 10 May 1843 [Dana v. Brink] Execution, 2 October 1843 [Dana v. Brink] Bond, 16 May 1843 [Dana v. Brink] Supersedeas, 16 May 1843 [Dana v. Brink] Docket Entry, Motions, 18 May 1843 [Dana v. Brink] Docket Entry, Motion Overruled and Continuance, 27 May 1843 [Dana v. Brink] Praecipe, 24 August 1843 [Dana v. Brink] Subpoena, 25 August 1843 [Dana v. Brink] Praecipe, circa 15 September 1843 [Dana v. Brink] Subpoena, 15 September 1843–A [Dana v. Brink] Subpoena, 15 September 1843–B [Dana v. Brink] Notice, 29 September 1843 [Dana v. Brink] Summons, 30 September 1843 [Dana v. Brink] Certiorari, 30 September 1843 [Dana v. Brink] Motion, 16 October 1843–A [Dana v. Brink] Motion, 16 October 1843–B [Dana v. Brink] Docket Entry, Motions, 16 October 1843 [Dana v. Brink] Docket Entry, Motions Overruled, 17 October 1843 [Dana v. Brink] Praecipe, 18 October 1843–A [Dana v. Brink] Praecipe, 18 October 1843–B [Dana v. Brink] Subpoena, 18 October 1843–A [Dana v. Brink] Subpoena, 18 October 1843–B [Dana v. Brink] Affidavit, 20 October 1843–A [Dana v. Brink] Affidavit, 20 October 1843–B [Dana v. Brink] Affidavit, 20 October 1843–C [Dana v. Brink] Affidavit, 20 October 1843–D [Dana v. Brink] Affidavit, 20 October 1843–E [Dana v. Brink] Docket Entry, Continuance, 20 October 1843 [Dana v. Brink] Praecipe, 5 November 1843 [Dana v. Brink] Subpoena, 25 November 1843–A [Dana v. Brink] Subpoena, 25 November 1843–B [Dana v. Brink] Praecipe, 6 March 1844 [Dana v. Brink] Subpoena, 11 March 1844–A [Dana v. Brink] Subpoena, 11 March 1844–B [Dana v. Brink] Subpoena, 11 March 1844–C [Dana v. Brink] Praecipe, 18 May 1844 [Dana v. Brink] Subpoena, 18 May 1844 [Dana v. Brink] Attachment, 20 May 1844–A [Dana v. Brink] Attachment, 20 May 1844–B [Dana v. Brink] Attachment, 20 May 1844–C [Dana v. Brink] Subpoena, 21 May 1844 [Dana v. Brink] Affidavit, 22 May 1844–A [Dana v. Brink] Affidavit, 22 May 1844–B [Dana v. Brink] Affidavit, 22 May 1844–C [Dana v. Brink] Docket Entry, Discharge from Attachment, 22 May 1844 [Dana v. Brink] Docket Entry, Jury Impaneled, 22 May 1844 [Dana v. Brink] Affidavit, 23 May 1844 [Dana v. Brink] Verdict, 23 May 1844 [Dana v. Brink] Docket Entry, Verdict and Motion, 23 May 1844 [Dana v. Brink] Motions, circa 23 May 1844 [Dana v. Brink] Docket Entry, Motions, 24 May 1844 [Dana v. Brink] Docket Entry, circa 27 May 1844 [Dana v. Brink] Docket Entry, Motions Overruled and Verdict Sustained, 27 May 1844 [Dana v. Brink] Praecipe, circa 27 May 1844 [Dana v. Brink] Case File Wrapper, circa May 1844 [Dana v. Brink] Docket Entry, Judgment, between 20 July and circa 18 October 1844 [Dana v. Brink] Docket Entry, Fee Bill, between 20 July and circa 18 October 1844 [Dana v. Brink]

Introduction to Dana v. Brink

Page

Dana v. Brink
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 10 March 1843
 
Brink v. Dana
Nauvoo, Hancock Co., Illinois, Municipal Court, 19 April 1843
 
Dana v. Brink
Hancock Co., Illinois, Circuit Court, 27 May 1844
 
Dana v. Brink, Ball, and M. Smith
Hancock Co., Illinois, Circuit Court, 23 October 1844
 
Historical Introduction
On 2 and 3 March 1843, JS presided as a justice of the peace in 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
, Illinois, mayor’s court over Dana v. Brink, a breach of contract suit resulting from a local physician’s malfeasance. The case grew out of events that occurred on 22–24 October 1842, when Thomsonian physician
William Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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was called to the home of
Margaret Kennedy Dana

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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to treat her for fever and diarrhea. After arriving, Brink incorrectly concluded that Dana, who was pregnant, had miscarried. In order to induce labor, Brink administered an enema of cayenne pepper and performed an invasive examination.
1

Trial Report, between 4 and 22 Mar. 1843 [Dana v. Brink]. Thomsonian or “botanic” physicians like William Brink believed all illness was caused by cold and that any treatment producing heat would aid in recovery. They used cayenne pepper, steam baths, and Lobelia inflata (a plant) to cause heavy sweating and vomiting. (See JS, Journal, 2 Mar. 1843, in JSP, J2:281n486.)


Comprehensive Works Cited

JSP, J2 / Hedges, Andrew H., Alex D. Smith, and Richard Lloyd Anderson, eds. Journals, Volume 2: December 1841–April 1843. Vol. 2 of the Journals series of The Joseph Smith Papers, edited by Dean C. Jessee, Ronald K. Esplin, and Richard Lyman Bushman. Salt Lake City: Church Historian’s Press, 2011.

On 24 October, Dana delivered a healthy baby with the assistance of midwife
Patty Bartlett Sessions

4 Feb. 1795–14 Dec. 1892. Midwife. Born in Newry, York Co., Maine. Daughter of Enoch Bartlett and Martha Anna Hall. Married David Sessions, 29 June 1812, in Bethel, Oxford Co., Maine. Lived in Newry. Baptized into Methodist church, 1816. Moved to Andover,...

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, but because of Brink’s treatment, Dana reported persistent back pain and incontinence.
2

Trial Report, between 4 and 22 Mar. 1843 [Dana v. Brink]; see also Dinger, “Medicine and Obstetrics in Mormon Nauvoo,” 51–68.


Comprehensive Works Cited

Dinger, Steven C. “‘The Doctors in This Region Don’t Know Much’: Medicine and Obstetrics in Mormon Nauvoo.” Journal of Mormon History 42, no. 4 (October 2016): 51–68.

In February 1843,
Charles Dana

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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,
Margaret

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

View Full Bio
’s husband, initiated a civil lawsuit before JS on a plea of
assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money, but not done under seal or by matter of record. Assumpsit was a form of trespass on the case.

View Glossary
, or breach of contract, seeking $99 in damages.
3

Summons, 14 Feb. 1843 [Dana v. Brink]; see also Dinger, “Judge Joseph Smith and the Expansion of the Legal Rights of Women,” 74. The Nauvoo charter designated the city’s mayor a justice of the peace with jurisdiction over minor criminal and civil matters. Illinois law granted justices of the peace jurisdiction in civil actions, including assumpsit or breach of contract suits, in cases where the debt or demand did not exceed $100. (An Act to Incorporate the City of Nauvoo [16 Dec. 1840], Laws of the State of Illinois [1840–1841], p. 55, sec. 16; An Act Concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 402, sec. 1.)


Comprehensive Works Cited

Dinger, John S. “Judge Joseph Smith and the Expansion of the Legal Rights of Women: The Dana v. Brink Trial.” Journal of Mormon History 42, no. 4 (October 2016): 69–96.

Laws of the State of Illinois, Passed by the Twelfth General Assembly, at Their Session, Began and Held at Springfield, on the Seventh of December, One Thousand Eight Hundred and Forty. Springfield, IL: William Walters, 1841.

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.

Attorneys
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
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...

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represented Dana, while
Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
retained the services of
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...

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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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.
4

“Petition,” Wasp, 22 Mar. 1843, [2].


Comprehensive Works Cited

The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

At the trial on 2–3 March, JS heard testimony from witnesses who described Brink’s treatment of Margaret Dana. Due to the common law doctrine of
coverture

Common-law term for the legal status of a married woman. “By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into ...

View Glossary
, married women in the nineteenth century normally were not permitted to testify in lawsuits. JS made an exception and allowed Dana to describe her injuries under oath.
5

Trial Report, between 4 and 22 Mar. 1843 [Dana v. Brink]. Coverture rendered Dana unable to bring the suit against Brink herself, requiring her to rely on her husband to pursue the action on her behalf. Although Brink’s attorneys objected to her giving testimony, JS allowed it, arguing that because she had personal knowledge of the injury, she should be allowed to testify. (See also Zaher, “Research Guide on the Common Law Doctrine of Coverture,” 459–486; and Greenleaf, Treatise on the Law of Evidence, 391–392.)


Comprehensive Works Cited

Zaher, Claudia. “When a Woman’s Marital Status Determined Her Legal Status: A Research Guide on the Common Law Doctrine of Coverture.” Law Library Journal 94, no. 3 (Summer 2002): 459–486.

Greenleaf, Simon. A Treatise on the Law of Evidence. 3 vols. Various publishers, 1842–1853.

He gave his decision on 10 March, ruling that Brink should pay Charles Dana the full $99 in damages and pay court costs totaling $11.59.
6

Bond, 29 Mar. 1843 [Dana v. Brink].


Because of the case’s prominence in the
city

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, a trial report detailing the legal issues, summarizing the testimonies, and reproducing JS’s decision was printed in five columns 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
newspaper the Wasp.
7

Trial Report, between 4 and 22 Mar. 1843 [Dana v. Brink].


It was the only trial report of a case over which JS presided that was published during his lifetime.
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
law allowed parties to appeal the decision of a justice of the peace to the circuit court.
Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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filed an appeal on 30 March 1843, but he did so in 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, rather than the proper venue, the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
Circuit Court.
8

JS, Journal, 30 Mar. 1843; Notice of Appeal, 31 Mar. 1843 [Dana v. Brink]. There apparently was some confusion regarding JS’s role in the March trial. The Nauvoo charter provided that the mayor had two legal functions. First, he was a justice of the peace, with jurisdiction over minor civil and criminal matters. Illinois law specified that appeals in these cases were supposed to go to the circuit court. Second, the mayor was a judge with jurisdiction over alleged breaches of city ordinances. The city charter indicated that appeals in these cases were supposed to go to the municipal court. The documents produced for the initial trial simply referred to JS acting in his capacity as mayor, without explicitly indicating that because Dana had brought the suit under an assumpsit plea, meaning a civil action, JS was acting as a justice of the peace. Brink’s decision to appeal to the municipal court suggests that he was unclear in which capacity JS was acting during the initial case. Similarly, the fact that JS and James Sloan, clerk of the municipal court, allowed the appeal to move forward in the wrong court for nearly three weeks suggests that the confusion extended beyond Brink. (An Act to Incorporate the City of Nauvoo [16 Dec. 1840], Laws of the State of Illinois [1840–1841], p. 55, secs. 16–17; An Act Concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 409, sec. 31; Summons, 14 Feb. 1843 [Dana v. Brink]; Bond, 29 Mar. 1843 [Dana v. Brink].)


Comprehensive Works Cited

Laws of the State of Illinois, Passed by the Twelfth General Assembly, at Their Session, Began and Held at Springfield, on the Seventh of December, One Thousand Eight Hundred and Forty. Springfield, IL: William Walters, 1841.

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.

The appeal, Brink v. Dana, was heard in the municipal court on 19 April, with JS, as mayor, serving as the chief justice.
9

See JS, Journal, 13 Apr. 1843 and 19 Apr. 1843; and An Act to Incorporate the City of Nauvoo [16 Dec. 1840], Laws of the State of Illinois [1840–1841], p. 55, sec. 17.


Comprehensive Works Cited

Laws of the State of Illinois, Passed by the Twelfth General Assembly, at Their Session, Began and Held at Springfield, on the Seventh of December, One Thousand Eight Hundred and Forty. Springfield, IL: William Walters, 1841.

JS dismissed the appeal on the grounds that the municipal court lacked jurisdiction.
10

JS, Journal, 19 Apr. 1843; Docket Entry, between 31 Mar. and ca. 19 Apr. 1843 [Dana v. Brink].


On 16 May 1843,
Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
filed an appeal with the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
Circuit Court 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
, Illinois. The court
clerk

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

View Full Bio
issued a
supersedeas

A writ “containing a command to stay the proceedings at law.” The writ enjoined “the justice and constable from proceeding any further in said suit, and suspending all proceedings in relation thereto.” Hancock County, Illinois, Circuit Court officials often...

View Glossary
ordering JS to suspend the 10 March 1843 judgment until the circuit court could hear the case.
11

Bond, 16 May 1843 [Dana v. Brink]; Supersedeas, 16 May 1843 [Dana v. Brink]. Illinois law also required JS to send a certified copy of the “judgment and other proceedings” from the case. JS apparently refused “Brink a transcript of said Judgment,” possibly on the grounds that the proceedings for the case had been published in the Wasp. The summons and other documents produced for the March trial were forwarded to the circuit court in October 1843. (An Act Concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 410, sec. 39; “Certiorari,” in Bouvier, Law Dictionary, 1:163; Declaration, ca. 21 Sept. 1844 [Dana v. Brink et al.]; Summons, 14 Feb. 1843 [Dana v. Brink].)


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.

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

The appeal was recorded on the circuit court docket as Dana v. Brink. No judgment was rendered until the May 1844 session, when a jury upheld JS’s original decision but reduced the judgment from $99 to $75. Brink sought to have the verdict set aside and requested a new trial, but the court upheld the verdict on 27 May.
12

Docket Entry, Verdict and Motion, 23 May 1844 [Dana v. Brink]; Docket Entry, Motions Overruled and Verdict Sustained, 27 May 1844 [Dana v. Brink].


The court was unable to collect, and in September 1844
Dana

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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commenced an action against not only Brink but also
Jonah Ball

4 Aug. 1803–5 Apr. 1845. Farmer. Born in Shutesbury, Franklin Co., Massachusetts. Son of Jonas Ball and Elizabeth (Betsey) Warren. Married Sophronia Hoar, 13 May 1832, in Vernon, Windham Co., Vermont. Moved to Nauvoo, Hancock Co., Illinois, by July 1843. ...

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and
Moses Smith

23 Mar. 1800–15 May 1849. Frontiersman, postmaster, merchant, lumberman. Born in Bennington Co., Vermont. Married Lydia Perce, 1825, in Madison Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 19 Aug. 1832. Credited with settling ...

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(Dana’s sureties on the appeal bond) by filing a declaration demanding that the judgment and damages be collected.
13

Declaration, ca. 21 Sept. 1844, [Dana v. Brink et al.].


This iteration of the case was recorded on the docket as Dana v. Brink, Ball, and Smith. On 23 October 1844, the court again ruled in Dana’s favor.
14

Docket Entry, Judgment and Scire Facias, 23 Oct. 1844 [Dana v. Brink et al.].


In January 1845, the Hancock County sheriff was able to sell $25.37 of the defendants’ assets to cover some of the case costs.
15

Docket Entry, Fieri Facias, ca. 20 Nov. 1844 [Dana v. Brink et al.].


Finally, on 19 October 1846 the court approved a motion that “this suit be dismissed at the plaintiffs Costs,” presumably because the court was not going to expend additional resources attempting to collect the remainder of the judgment.
16

Docket Entry, Dismissal, 19 Oct. 1846 [Dana v. Brink et al.].


 
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.
 
Dana v. Brink, Nauvoo, Hancock Co., Illinois, Mayor’s Court

1843 (8)

February (5)

14 February 1843

JS as Justice of the Peace, Summons, to any Hancock Co. Constable, for William Brink, Nauvoo, Hancock Co., IL

  • 14 Feb. 1843; private possession; handwriting of William W. Phelps; docket in handwriting of William W. Phelps; notation in handwriting of John D. Parker; notation in handwriting of Jacob B. Backenstos.
15 February 1843

JS as Justice of the Peace, Subpoena, for Patty Bartlett Sessions and Others, Nauvoo, Hancock Co., IL

  • 15 Feb. 1843; private possession; photocopy at CHL; handwriting of William W. Phelps; signature of JS.
18 February 1843

JS as Justice of the Peace, Subpoena, for Mrs. Wooley and Others, Nauvoo, Hancock Co., IL

  • 18 Feb. 1843; private possession; photocopy at CHL; handwriting of William W. Phelps; possible signature of JS.
23 February 1843

JS as Justice of the Peace, Subpoena, for Robert D. Foster and Others, Nauvoo, Hancock Co., IL

  • 23 Feb. 1843; private possession; photocopy at BYU; handwriting of William W. Phelps; docket in handwriting of William W. Phelps; notation in handwriting of Charles Dana; notation in handwriting of Jacob B. Backenstos.
27 February 1843

JS as Justice of the Peace, Subpoena, for Mrs. Wooley and Others, Nauvoo, Hancock Co., IL

  • 27 Feb. 1843; private possession; photocopy at BYU; handwriting of William W. Phelps; docket in handwriting of William W. Phelps; notations in handwriting of John D. Parker; notation in handwriting of Jacob B. Backenstos.

March (3)

Ca. 2 March 1843

Charles Dana, Bill of Particulars, Nauvoo, Hancock Co., IL

  • Ca. 2 Mar. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Onias Skinner; docket in handwriting of William W. Phelps; docket and notation in handwriting of Jacob B. Backenstos.
10 March 1843

JS as Justice of the Peace, Execution, to any Hancock Co. Constable, Nauvoo, Hancock Co., IL
1

According to JS’s journal, “[Charles] Dana swore he feared [William] Brink would abscond or place his prope[r]ty out of reach,” presumably leading to the issuance of the execution. (JS, Journal, 10 Mar. 1843.)


  • 10 Mar. 1843; private possession; photocopy at CHL; printed form with manuscript additions in handwriting of William W. Phelps; signature of JS; notation in handwriting of John D. Parker.
Between 4 and 22 March 1843

Trial Report, Nauvoo, Hancock Co., IL

  • Between 4 and 22 Mar. 1843. Not extant.
  • 22 Mar. 1843; “Decision,” Wasp, 22 Mar. 1843, [2]–[3].
    1

    Between 4 and 22 March 1843, JS consulted with William W. Phelps, Willard Richards, and others to compose his ruling. Richards indicated that the completed manuscript, which is no longer extant, “included 12 pages written matter.” After JS delivered his decision on 10 March, more than forty Nauvoo residents petitioned him to publish the ruling. On 22 March, the Nauvoo Wasp published the trial report, which summarized the cause of action, witness testimonies, and JS’s ruling. (See JS, Journal, 3–10 Mar. 1843; “Petition,” Wasp, 22 Mar. 1843, [2]; and Trial Report, between 4 and ca. 22 Mar. 1843 [Dana v. Brink].)


    Comprehensive Works Cited

    The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

 
Brink v. Dana, Nauvoo, Hancock Co., Illinois, Municipal Court

1843 (10)

March (2)

29 March 1843

William Brink and Others, Bond, Nauvoo, Hancock Co., IL, to Charles Dana, Nauvoo, Hancock Co., IL

  • 29 Mar. 1843; JS Collection, CHL; handwriting of William W. Phelps; signatures of William Brink, Charles Ivins, Jonah R. Ball, and JS; docket in handwriting of William W. Phelps; docket and notation in handwriting of Jacob B. Backenstos.
31 March 1843

William W. Phelps on behalf of JS as Mayor, Notice of Appeal, to James Sloan, Nauvoo, Hancock Co., IL

  • 31 Mar. 1843; Nauvoo, IL, Records, CHL; handwriting of William W. Phelps; endorsement and docket in handwriting of James Sloan.

April (6)

4 April 1843

James Sloan, Subpoena, for Patty Bartlett Sessions and Others, Nauvoo, Hancock Co., IL

  • 4 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan with insertions in handwriting of Charles Dana; docket and notation in handwriting of James Sloan; notation in handwriting of Charles Dana; notation in handwriting of Henry G. Sherwood.
7 April 1843

James Sloan, Subpoena, to Nauvoo City Marshal, for Hyrum Smith and Others, Nauvoo, Hancock Co., IL

  • 7 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan with insertion in handwriting of John D. Parker; docket and notation in handwriting of James Sloan; notation in handwriting of John D. Parker.
8 April 1843

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

  • 8 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket and notation in handwriting of James Sloan; notation in handwriting of Henry G. Sherwood.
13 April 1843

James Sloan, Subpoena, for Harvey Tate and Others, Nauvoo, Hancock Co., IL

  • 13 Apr. 1843; Nauvoo, IL, Records; CHL; handwriting of James Sloan with insertion in handwriting of John D. Parker; docket and notation in handwriting of James Sloan; notation in handwriting of John D. Parker.
19 April 1843

James Sloan, Attachment, to Nauvoo City Marshal, for William Marks and Others, Nauvoo, Hancock Co., IL

  • 19 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket and notations in handwriting of James Sloan; notation in handwriting of Henry G. Sherwood.
Between 31 March and ca. 19 April 1843

Docket Entry, Nauvoo, Hancock Co., IL

  • Between 31 Mar. and ca. 19 Apr. 1843; Nauvoo Municipal Court Docket Book, 53–54, CHL; handwriting of James Sloan; notations in handwriting of James Sloan; notation in handwriting of Willard Richards; notation in handwriting of Thomas Bullock.

May (1)

10 May 1843

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

  • 10 May 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket in handwriting of James Sloan; notation in handwriting of John D. Parker.

October (1)

2 October 1843

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

  • 2 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of Willard Richards.
 
Dana v. Brink, Hancock Co., Illinois, Circuit Court

1843 (32)

May (7)

Between 19 April and 16 May 1843

William Brink, Petition to Hancock Co. Circuit Court, Hancock Co., IL

  • Ca. 16 May 1843. Not extant.
    1

    Illinois law required parties seeking to appeal the decision of a justice of the peace to file a petition, stating under oath “that the judgment in his opinion is unjust and erroneous, setting forth wherein the injustice and error consist.” (An Act Concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 410, sec. 37; see also Bond, 16 May 1843 [Dana v. Brink].)


    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.

16 May 1843

William Brink and Others, Bond, Hancock Co., IL, to Charles Dana, Hancock Co., IL

  • 16 May 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting; signatures of William Brink, Moses Smith, Jonah R. Ball, and William Marr; docket in unidentified handwriting; certifications in handwriting of M. Avise; notations in handwriting of M. Avise.
  • 17 Sept. 1844;
    1

    George Bachman, attorney for Charles Dana, requested a certified copy of the bond on 17 September 1844 for Dana v. Brink et al. (Praecipe, 17 Sept. 1844–A [Dana v. Brink et al.].)


    Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head; docket in handwriting of David E. Head; notation in handwriting of Jacob Backenstos.
16 May 1843

M. Avise on behalf of Jacob B. Backenstos, Supersedeas, Carthage, Hancock Co., IL, to JS as Mayor or any Nauvoo Constable, Nauvoo, Hancock Co., IL

  • 16 May 1843; BYU; printed form with manuscript additions in handwriting of M. Avise; docket printed with manuscript additions in handwriting of M. Avise; notations printed with manuscript additions in handwriting of William Backenstos; notation printed with manuscript additions in handwriting of John D. Parker.
Between 16 and 18 May 1843

William Marr on behalf of William Brink, Motion, Hancock Co., IL, between 16 and 18 May 1843–A

  • Between 16 and 18 May 1843. Not extant.
    1

    See Docket Entry, Motions, 18 May 1843 [Dana v. Brink].


Between 16 and 18 May 1843

Charles Dana, Motion, Hancock Co., IL, between 16 and 18 May 1843–B

  • Between 16 and 18 May 1843. Not extant.
    1

    See Docket Entry, Motions, 18 May 1843 [Dana v. Brink].


18 May 1843

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

  • 18 May 1843; Hancock County Circuit Court Record, vol. C, p. 451, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
27 May 1843

Docket Entry, Motion Overruled and Continuance, Carthage, Hancock Co., IL

  • 27 May 1843; Hancock County Circuit Court Record, vol. C, p. 488, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

August (2)

24 August 1843

George Bachman and Onias Skinner, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • 24 Aug. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; notation in handwriting of Jacob B. Backenstos.
25 August 1843

Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for John F. Weld and Others, Carthage, Hancock Co., IL

  • 25 Aug. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notations printed with manuscript additions in handwriting of William Backenstos; notation printed with manuscript additions in handwriting of Jacob B. Backenstos; notation in handwriting of Jacob B. Backenstos.

September (6)

15 September 1843

William Brink, Praecipe, to Jacob B. Backenstos, Hancock Co., IL

  • 15 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of William Brink; docket and notation in handwriting of Jacob B. Backenstos.
15 September 1843

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Catharine Wilkey and Fanny Hartshorn, Carthage, Hancock Co., IL, 15 Sept. 1843–A

  • 15 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; 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 William Backenstos; notation in handwriting of Jacob B. Backenstos.
15 September 1843

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Robert D. Foster and Others, Carthage, Hancock Co., IL, 15 Sept. 1843–B

  • 15 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notation printed with manuscript additions in handwriting of William Backenstos; notations printed with manuscript additions in handwriting of John D. Parker; notation probably in handwriting of David E. Head.
29 September 1843

William Marr on behalf of William Brink, Notice, to Charles Dana, Nauvoo, Hancock Co., IL

  • 29 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of William Marr; docket probably in handwriting of David E. Head.
30 September 1843

Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for Charles Dana, Carthage, Hancock Co., IL

  • 30 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notations printed with manuscript additions in handwriting of William Backenstos; notation in handwriting of Jacob B. Backenstos.
30 September 1843

Jacob B. Backenstos, Certiorari, Carthage, Hancock Co., IL, to JS, Nauvoo, Hancock Co., IL

  • 30 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Jacob B. Backenstos; docket and notation in handwriting of Jacob B. Backenstos; notations in handwriting of Jacob B. Backenstos with signature of William Backenstos.

October (14)

16 October 1843

George Bachman and Onias Skinner, Motion, Hancock Co., IL, 16 Oct. 1843–A

  • 16 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Bachman; docket in handwriting of George Bachman; docket and notation in handwriting of Jacob B. Backenstos.
16 October 1843

William Marr on behalf of William Brink, Motion, Hancock Co., IL, 16 Oct. 1843–B

  • 16 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of William Marr; docket in handwriting of William Marr; notation in handwriting of Jacob B. Backenstos.
16 October 1843

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

  • 16 Oct. 1843; Hancock County Circuit Court Record, vol. D, p. 13, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
17 October 1843

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

  • 17 Oct. 1843; Hancock County Circuit Court Record, vol. D, p. 22, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
18 October 1843

Onias Skinner, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL, 18 Oct. 1843–A

  • 18 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Onias Skinner; docket and notation in handwriting of Jacob B. Backenstos.
18 October 1843

George Bachman and Onias Skinner, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL, 18 Oct. 1843–B

  • 18 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Onias Skinner; docket and notation in handwriting of David E. Head.
18 October 1843

Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for John Charles, Carthage, Hancock Co., IL, 18 Oct. 1843–A

  • 18 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notations printed with manuscript additions in handwriting of William Backenstos and signatures of unidentified scribe; notation in handwriting of Jacob B. Backenstos.
18 October 1843

Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for John Morrison and Lewis Evans, Carthage, Hancock Co., IL, 18 Oct. 1843–B

  • 18 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notations printed with manuscript additions in handwriting of William Backenstos; notation in handwriting of Jacob B. Backenstos.
20 October 1843

Patty Bartlett Sessions, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 20 Oct. 1843–A

  • 20 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; signature of Patty Bartlett Sessions; docket in handwriting of David E. Head; notation in handwriting of Jacob B. Backenstos.
20 October 1843

Polly Deuel, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 20 Oct. 1843–B

  • 20 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; signature of Polly Deuel; docket in handwriting of David E. Head; notation in handwriting of Jacob B. Backenstos.
20 October 1843

Prudence Marks Miles, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 20 Oct. 1843–C

  • 20 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; signature of Prudence Marks Miles; docket in handwriting of David E. Head; notation in handwriting of Jacob B. Backenstos.
20 October 1843

Elizabeth Mallory, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 20 Oct. 1843–D

  • 20 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Elizabeth Mallory; docket and notation in handwriting of Jacob B. Backenstos.
20 October 1843

William Brink, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 20 Oct. 1843–E

  • 20 Oct. 1843; Hancock County Legal Papers, 1830–1868, BYU; handwriting of William Marr; signatures of William Brink and David E. Head; docket and notation in handwriting of Jacob B. Backenstos; notation in unidentified handwriting.
20 October 1843

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

  • 20 Oct. 1843; Hancock County Circuit Court Record, vol. D, p. 51, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

November (3)

5 November 1843

William Brink, Praecipe, Nauvoo, Hancock Co., IL, to Jacob B. Backenstos, Carthage, Hancock Co., IL

  • 5 Nov. 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of William Brink; docket and notation in handwriting of Jacob B. Backenstos.
25 November 1843

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Lucina Mecham and Fanny Hartshorn, Carthage, Hancock Co., IL, 25 Nov. 1843–A

  • 25 Nov. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; 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 Jacob B. Backenstos.
25 November 1843

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Robert D. Foster and Others, Carthage, Hancock Co., IL, 25 Nov. 1843–B

  • 25 Nov. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; 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 Jacob B. Backenstos.

1844 (28)

March (4)

6 March 1844

George Bachman and Onias Skinner, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • 6 Mar. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; notation in handwriting of Jacob B. Backenstos.
11 March 1844

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for John Morrison, Carthage, Hancock Co., IL, 11 Mar. 1844–A

  • 11 Mar. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notation printed with manuscript additions in handwriting of William Backenstos; notation in handwriting of Jacob B. Backenstos.
11 March 1844

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for John F. Weld and Others, Carthage, Hancock Co., IL, 11 Mar. 1844–B

  • 11 Mar. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; 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 William Backenstos; notation in handwriting of Jacob B. Backenstos.
11 March 1844

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Prudence Marks Miles and Others, Carthage, Hancock Co., IL, 11 Mar. 1844–C

  • 11 Mar. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; 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 William Backenstos; notation printed with manuscript additions in handwriting of Joel Miles; notation in handwriting of Jacob B. Backenstos.

May (20)

18 May 1844

William Marr on behalf of William Brink, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • 18 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of William Marr; docket in handwriting of Jacob B. Backenstos; notation in handwriting of Jacob B. Backenstos.
18 May 1844

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Daniel Roberts, Carthage, Hancock Co., IL

  • 18 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; 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 Joel S. Miles.
20 May 1844

Jacob B. Backenstos, Attachment, to Hancock Co. Sheriff, for Charles Higbee, Carthage, Hancock Co., IL, 20 May 1844–A

  • 20 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notations probably in handwriting of William Houck.
20 May 1844

Jacob B. Backenstos, Attachment, to Hancock Co. Sheriff, for Catharine Wilkey and Others, Carthage, Hancock Co., IL, 20 May 1844–B

  • 20 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in unidentified handwriting; notation in unidentified handwriting with signature of J. M. Spilman.
20 May 1844

Jacob B. Backenstos, Attachment, to Hancock Co. Sheriff, for Prudence Marks Miles and Others, Carthage, Hancock Co., IL, 20 May 1844–C

  • 20 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in unidentified handwriting.
21 May 1844

Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for E. Chandler and James Singleton, Carthage, Hancock Co., IL

  • 21 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of William Marr and Jacob B. Backenstos; docket printed with manuscript additions in handwriting of William Marr; notations printed with manuscript additions in handwriting of William Backenstos; notation printed with manuscript additions in handwriting of George Stigall.
22 May 1844

Patty Bartlett Sessions, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 22 May 1844–A

  • 22 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Patty Bartlett Sessions; docket and notation in handwriting of Jacob Backenstos.
22 May 1844

Polly Deuel, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 22 May 1844–B

  • 22 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Polly Deuel; docket and notation in handwriting of Jacob B. Backenstos.
22 May 1844

Prudence Marks Miles, Affidavit, Carthage, Hancock Co., IL, 22 May 1844–C

  • 22 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Prudence Marks Miles; docket and notation in handwriting of Jacob B. Backenstos.
22 May 1844

Docket Entry, Discharge from Attachment, Carthage, Hancock Co., IL

  • 22 May 1844; Hancock County Circuit Court Record, vol. D, p. 111, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
22 May 1844

Docket Entry, Jury Impaneled, Carthage, Hancock Co., IL

  • 22 May 1844; Hancock County Circuit Court Record, vol. D, p. 113, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
23 May 1844

Elizabeth Mallory, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL

  • 23 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Elizabeth Mallory; docket and notation in handwriting of Jacob B. Backenstos.
23 May 1844

Timothy Gridley Jr. and Others, Verdict, Carthage, Hancock Co., IL

  • 23 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Timothy Gridley Jr.; signatures of Mark Aldrich, Daniel Beaver, William Welsh, Right Riggins, James Tweed, Lewis Robison, and E. M. Sperry; docket probably in handwriting of Jacob B. Backenstos; notation in handwriting of Jacob B. Backenstos.
23 May 1844

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

  • 23 May 1844; Hancock County Circuit Court Record, vol. D, p. 114, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 23 May 1844

Marr & Minshall on behalf of William Brink, Motions, Hancock Co., IL

  • Ca. 23 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of William Marr; docket in handwriting of William Marr; notation in handwriting of Jacob B. Backenstos.
24 May 1844

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

  • 24 May 1844; Hancock County Circuit Court Record, vol. D, p. [131], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 27 May 1844

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 27 May 1844; Hancock County Circuit Court, Judgment Docket, vol. B, p. 14, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.
27 May 1844

Docket Entry, Motions Overruled and Verdict Sustained, Carthage, Hancock Co., IL

  • 27 May 1844; Hancock County Circuit Court Record, vol. D, p. 143, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 27 May 1844

George Bachman, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • Ca. 27 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Bachman; docket in handwriting of George Bachman.
Ca. May 1844

Case File Wrapper, Hancock Co., IL

  • Ca. May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; docket and notation probably in handwriting of David E. Head; notations probably in handwriting of Jacob B. Backenstos.

July (2)

Ca. 20 July 1844

Docket Entry, Fee Bill, Carthage, Hancock Co., IL, ca. 20 July 1844–A

  • Ca. 20 July 1844; Hancock County Circuit Court, Fee Book G, p. 200. Not extant.
    1

    See Docket Entry, Fee Bill, ca. 20 July 1844 [Dana v. Brink].


Ca. 20 July 1844

Docket Entry, Fee Bill, Carthage, Hancock Co., IL, ca. 20 July 1844–B

  • Ca. 20 July 1844; Hancock County Circuit Court, Fee Book G, p. 275. Not extant.
    1

    See Docket Entry, Judgment, ca. 20 July 1844 [Dana v. Brink].


October (2)

Between 20 July and ca. 18 October 1844

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

  • Between 20 July and ca. 18 Oct. 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [152], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head; notation in unidentified handwriting.
Between 20 July and ca. 18 October 1844

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

  • Between 20 July and ca. 18 Oct. 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [153], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head; notation in handwriting of David E. Head.
 
Dana v. Brink et al., Hancock Co., Illinois, Circuit Court

1843 (1)

May (1)

16 May 1843

William Brink and Others, Bond, Copy, Hancock Co., IL, to Charles Dana, Hancock Co., IL

  • 17 Sept. 1844;
    1

    This represents the certified copy of the bond requested by George Bachman, attorney for Charles Dana, on 17 September 1844. (Praecipe, 17 Sept. 1844–A [Dana v. Brink et al.].)


    Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head; docket in handwriting of David E. Head; notation in handwriting of Jacob B. Backenstos.

1844 (11)

September (4)

17 September 1844

George Bachman on behalf of Charles Dana, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL, 17 Sept. 1844–A

  • 17 Sept. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Bachman; docket and notation in handwriting of George Bachman; notations in handwriting of Jacob B. Backenstos.
17 September 1844

George Bachman on behalf of Charles Dana, Praecipe, to Hancock Co. Circuit Court Clerk, Carthage, Hancock Co., IL, 17 Sept. 1844–B

  • 17 Sept. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Bachman; docket and notation in handwriting of George Bachman; notation in handwriting of Jacob B. Backenstos.
17 September 1844

David E. Head on behalf of Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for William Brink and Others, Carthage, Hancock Co., IL

  • 17 Sept. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; 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 Timothy Gridley Jr.; notation printed with manuscript additions in unidentified handwriting; notation in handwriting of Jacob B. Backenstos.
Ca. 21 September 1844

George Bachman on behalf of Charles Dana, Declaration, Hancock Co., IL

  • Ca. 21 Sept. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Bachman; docket in handwriting of George Bachman; notation in handwriting of David E. Head.

October (3)

23 October 1844

Docket Entry, Judgment and Scire Facias, Carthage, Hancock Co., IL

  • 23 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. [189], Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
Ca. 23 October 1844

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 23 Oct. 1844. Hancock County Circuit Court, Fee Book G, p. 436. Not extant.
    1

    See Docket Entry, Judgment, ca. 23 Dec. 1844 [Dana v. Brink et al.].


Ca. October 1844

Case File Wrapper, Hancock Co., IL

  • Ca. Oct. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; docket and notations in handwriting of David E. Head.

November (2)

14 November 1844

George Bachman on behalf of Charles Dana, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • 14 Nov. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Bachman; docket in handwriting of George Bachman; notation in handwriting of Jacob B. Backenstos.
20 November 1844

Fieri Facias, Carthage, Hancock Co., IL

  • 20 Nov. 1844. Not extant.
    1

    See Docket Entry, Fieri Facias, between 20 Nov. 1844 and ca. 18 Feb. 1845 [Dana v. Brink et al.].


December (2)

23 December 1844

David E. Head, Scire Facias, to Hancock Co. Sheriff, Carthage, Hancock Co., IL

  • 23 Dec. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head; docket in handwriting of David E. Head; notation in handwriting of Miner R. Deming; notation in handwriting of David E. Head.
Ca. 23 December 1844

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 23 Dec. 1844; Hancock County Circuit Court, Judgment Docket, vol. B, p. 17, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head.

1845 (4)

February (1)

Between 20 November 1844 and ca. 18 February 1845

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

  • Between 20 Nov. 1844 and ca. 18 Feb. 1845; Hancock County Circuit Court, Execution Docket, vol. B, p. [180], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head; notations in handwriting of David E. Head.

May (1)

21 May 1845

Docket Entry, Alias Scire Facias and Continuance, Carthage, Hancock Co., IL

  • 21 May 1845; Hancock County Circuit Court Record, vol. D, p. 254, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

June (1)

5 June 1845

David E. Head, Alias Scire Facias, to Hancock Co. Sheriff, Carthage, Hancock Co., IL

  • 5 June 1845; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head; docket in handwriting of David E. Head; notation in handwriting of Miner R. Deming; notation in handwriting of David E. Head.

October (1)

21 October 1845

Docket Entry, Pluries Scire Facias and Continuance, Carthage, Hancock Co., IL

  • 21 Oct. 1845; Hancock County Circuit Court Record, vol. D, p. 329, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

1846 (5)

January (1)

10 January 1846

David E. Head, Pluries Scire Facias, to Hancock Co. Sheriff, Carthage, Hancock Co., IL

  • 10 Jan. 1846; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head; docket in handwriting of David E. Head; notation in handwriting of David E. Head; notation probably in handwriting of H. G. Ferris.

May (1)

19 May 1846

Docket Entry, Alias Pluries Scire Facias, Carthage, Hancock Co., IL

  • 19 May 1846; Hancock County Circuit Court Record, vol. D, p. 393, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

October (3)

19 October 1846

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

  • 19 Oct. 1846; Hancock County Circuit Court Record, vol. D, p. 455, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 19 October 1846

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 19 Oct. 1846; Hancock County Circuit Court, Judgment Docket, vol. C, p. 58, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head.
Ca. October 1846

Case File Wrapper, Hancock Co., IL

  • Ca. Oct. 1846; Hancock County Courthouse, Carthage, IL; microfilm at FHL; docket and notation in handwriting of David E. Head.
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Editorial Title
Introduction to Dana v. Brink
ID #
14875
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Trial Report, between 4 and 22 Mar. 1843 [Dana v. Brink]. Thomsonian or “botanic” physicians like William Brink believed all illness was caused by cold and that any treatment producing heat would aid in recovery. They used cayenne pepper, steam baths, and Lobelia inflata (a plant) to cause heavy sweating and vomiting. (See JS, Journal, 2 Mar. 1843, in JSP, J2:281n486.)

      JSP, J2 / Hedges, Andrew H., Alex D. Smith, and Richard Lloyd Anderson, eds. Journals, Volume 2: December 1841–April 1843. Vol. 2 of the Journals series of The Joseph Smith Papers, edited by Dean C. Jessee, Ronald K. Esplin, and Richard Lyman Bushman. Salt Lake City: Church Historian’s Press, 2011.

    2. [2]

      Trial Report, between 4 and 22 Mar. 1843 [Dana v. Brink]; see also Dinger, “Medicine and Obstetrics in Mormon Nauvoo,” 51–68.

      Dinger, Steven C. “‘The Doctors in This Region Don’t Know Much’: Medicine and Obstetrics in Mormon Nauvoo.” Journal of Mormon History 42, no. 4 (October 2016): 51–68.

    3. [3]

      Summons, 14 Feb. 1843 [Dana v. Brink]; see also Dinger, “Judge Joseph Smith and the Expansion of the Legal Rights of Women,” 74. The Nauvoo charter designated the city’s mayor a justice of the peace with jurisdiction over minor criminal and civil matters. Illinois law granted justices of the peace jurisdiction in civil actions, including assumpsit or breach of contract suits, in cases where the debt or demand did not exceed $100. (An Act to Incorporate the City of Nauvoo [16 Dec. 1840], Laws of the State of Illinois [1840–1841], p. 55, sec. 16; An Act Concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 402, sec. 1.)

      Dinger, John S. “Judge Joseph Smith and the Expansion of the Legal Rights of Women: The Dana v. Brink Trial.” Journal of Mormon History 42, no. 4 (October 2016): 69–96.

      Laws of the State of Illinois, Passed by the Twelfth General Assembly, at Their Session, Began and Held at Springfield, on the Seventh of December, One Thousand Eight Hundred and Forty. Springfield, IL: William Walters, 1841.

      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.

    4. [4]

      “Petition,” Wasp, 22 Mar. 1843, [2].

      The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

    5. [5]

      Trial Report, between 4 and 22 Mar. 1843 [Dana v. Brink]. Coverture rendered Dana unable to bring the suit against Brink herself, requiring her to rely on her husband to pursue the action on her behalf. Although Brink’s attorneys objected to her giving testimony, JS allowed it, arguing that because she had personal knowledge of the injury, she should be allowed to testify. (See also Zaher, “Research Guide on the Common Law Doctrine of Coverture,” 459–486; and Greenleaf, Treatise on the Law of Evidence, 391–392.)

      Zaher, Claudia. “When a Woman’s Marital Status Determined Her Legal Status: A Research Guide on the Common Law Doctrine of Coverture.” Law Library Journal 94, no. 3 (Summer 2002): 459–486.

      Greenleaf, Simon. A Treatise on the Law of Evidence. 3 vols. Various publishers, 1842–1853.

    6. [6]

      Bond, 29 Mar. 1843 [Dana v. Brink].

    7. [7]

      Trial Report, between 4 and 22 Mar. 1843 [Dana v. Brink].

    8. [8]

      JS, Journal, 30 Mar. 1843; Notice of Appeal, 31 Mar. 1843 [Dana v. Brink]. There apparently was some confusion regarding JS’s role in the March trial. The Nauvoo charter provided that the mayor had two legal functions. First, he was a justice of the peace, with jurisdiction over minor civil and criminal matters. Illinois law specified that appeals in these cases were supposed to go to the circuit court. Second, the mayor was a judge with jurisdiction over alleged breaches of city ordinances. The city charter indicated that appeals in these cases were supposed to go to the municipal court. The documents produced for the initial trial simply referred to JS acting in his capacity as mayor, without explicitly indicating that because Dana had brought the suit under an assumpsit plea, meaning a civil action, JS was acting as a justice of the peace. Brink’s decision to appeal to the municipal court suggests that he was unclear in which capacity JS was acting during the initial case. Similarly, the fact that JS and James Sloan, clerk of the municipal court, allowed the appeal to move forward in the wrong court for nearly three weeks suggests that the confusion extended beyond Brink. (An Act to Incorporate the City of Nauvoo [16 Dec. 1840], Laws of the State of Illinois [1840–1841], p. 55, secs. 16–17; An Act Concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 409, sec. 31; Summons, 14 Feb. 1843 [Dana v. Brink]; Bond, 29 Mar. 1843 [Dana v. Brink].)

      Laws of the State of Illinois, Passed by the Twelfth General Assembly, at Their Session, Began and Held at Springfield, on the Seventh of December, One Thousand Eight Hundred and Forty. Springfield, IL: William Walters, 1841.

      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.

    9. [9]

      See JS, Journal, 13 Apr. 1843 and 19 Apr. 1843; and An Act to Incorporate the City of Nauvoo [16 Dec. 1840], Laws of the State of Illinois [1840–1841], p. 55, sec. 17.

      Laws of the State of Illinois, Passed by the Twelfth General Assembly, at Their Session, Began and Held at Springfield, on the Seventh of December, One Thousand Eight Hundred and Forty. Springfield, IL: William Walters, 1841.

    10. [10]

      JS, Journal, 19 Apr. 1843; Docket Entry, between 31 Mar. and ca. 19 Apr. 1843 [Dana v. Brink].

    11. [11]

      Bond, 16 May 1843 [Dana v. Brink]; Supersedeas, 16 May 1843 [Dana v. Brink]. Illinois law also required JS to send a certified copy of the “judgment and other proceedings” from the case. JS apparently refused “Brink a transcript of said Judgment,” possibly on the grounds that the proceedings for the case had been published in the Wasp. The summons and other documents produced for the March trial were forwarded to the circuit court in October 1843. (An Act Concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 410, sec. 39; “Certiorari,” in Bouvier, Law Dictionary, 1:163; Declaration, ca. 21 Sept. 1844 [Dana v. Brink et al.]; Summons, 14 Feb. 1843 [Dana v. Brink].)

      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.

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

    12. [12]

      Docket Entry, Verdict and Motion, 23 May 1844 [Dana v. Brink]; Docket Entry, Motions Overruled and Verdict Sustained, 27 May 1844 [Dana v. Brink].

    13. [13]

      Declaration, ca. 21 Sept. 1844, [Dana v. Brink et al.].

    14. [14]

      Docket Entry, Judgment and Scire Facias, 23 Oct. 1844 [Dana v. Brink et al.].

    15. [15]

      Docket Entry, Fieri Facias, ca. 20 Nov. 1844 [Dana v. Brink et al.].

    16. [16]

      Docket Entry, Dismissal, 19 Oct. 1846 [Dana v. Brink et al.].

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