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Introduction to Singley v. Rigdon Promissory Note, 6 March 1837, S. Otho Williams First Copy [Singley v. Rigdon] Promissory Note, 6 March 1837, S. Otho Williams Second Copy [Singley v. Rigdon] Petition, circa 6 November 1839 [Singley v. Rigdon] Petition, circa 6 November 1839, Copy [Singley v. Rigdon] Summons, 7 November 1839 [Singley v. Rigdon] Summons, 4 July 1840 [Singley v. Rigdon] Subpoena, 3 May 1841 [Singley v. Rigdon] Affidavit, 4 May 1841 [Singley v. Rigdon] Plea, circa 5 May 1841 [Singley v. Rigdon] Replication, circa 5 May 1841 [Singley v. Rigdon] Affidavit, 6 May 1841–A [Singley v. Rigdon] Affidavit, 6 May 1841–B [Singley v. Rigdon] Docket Entry, Judgment, 6 May 1841 [Singley v. Rigdon] Fee Bill, circa May 1841 [Singley v. Rigdon] Case File Wrapper, circa May 1841 [Singley v. Rigdon]

Introduction to Singley v. Rigdon

Page

Singley v. Rigdon
Hancock Co., Illinois, Circuit Court, 6 May 1841
 
Historical Introduction
In May 1841, 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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Circuit Court issued a subpoena for JS to testify in a civil suit regarding a debt that
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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held.
1

Subpoena, 3 May 1841 [Singley v. Rigdon].


Law firm Little & Williams,
2

Sidney Little had a law practice in Carthage, Illinois, and Archibald Williams had a practice in Quincy; they advertised their joint legal services under the firm Little & Williams.


representing Nicholas Singley, commenced an action against Rigdon in November 1839 in the Hancock County Circuit Court related to a $150 promissory note that Rigdon had given to Singley—who was evidently a Latter-day Saint—in
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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, Ohio, in March 1837.
3

Petition, ca. 6 Nov. 1837 [Singley v. Rigdon]; Promissory Note, 6 Mar. 1837 [Singley v. Rigdon]; Minute Book 1, 10 June 1836; see also Letter from Don Carlos Smith, ca. Late Mar. 1838.


Little is known about the reason for this debt or the circumstances surrounding it.
4

Rigdon, JS, and other church leaders were involved in several business ventures in the Kirtland area in 1837, including a store in nearby Chester, Ohio, and the Kirtland Safety Society. (Historical Introduction to Notes Receivable from Rigdon, Smith & Co., 22 May 1837.)


Common law procedures for recovering debts on notes could be cumbersome, but Little & Williams employed a provision that simplified legal process by allowing a petition to be used in the place of a declaration.
5

Petition, ca. 6 Nov. 1839 [Singley v. Rigdon]; An Act, Simplifying Proceedings at Law for the Collection of Debts [25 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 538, sec. 1, sec. 6; see also Introduction to Boosinger v. JS et al. and Boosinger v. O. Cowdery et al.


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.

After the submission of the petition, the court issued a summons to
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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requiring his presence at the April 1840 term of court.
6

Summons, 7 Nov. 1839 [Singley v. Rigdon].


Rigdon, however, was not in
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...

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, as he had accompanied JS to
Washington DC

Created as district for seat of U.S. federal government by act of Congress, 1790, and named Washington DC, 1791. Named in honor of George Washington. Headquarters of executive, legislative, and judicial branches of U.S. government relocated to Washington ...

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to present a
memorial

“A petition or representation made by one or more individuals to a legislative body.”

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for redress to Congress.
7

Summons, 7 Nov. 1839 [Singley v. Rigdon]. Rigdon started on the journey to Washington DC with JS and Elias Higbee in October 1839, but a continued bout of malaria necessitated that he stop in Springfield, Illinois, to recover. Though Rigdon apparently returned to Nauvoo in May 1840, he remained bedridden as late as July. (Historical Introduction to Statement, ca. 1 Nov. 1839–B; Historian’s Office, JS History, Draft Notes, 19 Nov. 1839; Richard M. Young to Elias Higbee, 9 Apr. 1840, JS Letterbook 2, pp. 133–134; Historical Introduction to Letter to Crooked Creek, Illinois, Branch, ca. 7 or 8 July 1840.)


In July 1840, Little & Williams filed a duplicate petition on Singley’s behalf, and the court issued another summons for Rigdon, which was served upon him.
8

Petition, ca. 6 Nov. 1839 [Singley v. Rigdon]; Summons, 4 July 1840 [Singley v. Rigdon].


The circuit court subpoenaed JS,
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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, and
Alanson Ripley

8 Jan. 1798–before 1860. Surveyor, lawyer. Born at New York. Son of Asa Ripley and Polly Deforest. Married Sarah Finkle. Resided in Massachusetts, 1827. Member of Church of Jesus Christ of Latter-day Saints in Ohio. Participated in Camp of Israel expedition...

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in May 1841 to testify on
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...

View Full Bio
’s behalf.
9

Subpoena, 3 May 1841 [Singley v. Rigdon]; Affidavit, 4 May 1841 [Singley v. Rigdon].


In an affidavit, Rigdon explained that JS was a material witness and claimed that JS had paid off the debt but that Singley had subsequently become dissatisfied with part of JS’s payment.
10

Affidavit, 4 May 1841 [Singley v. Rigdon].


On 6 May 1841, Rigdon, acting as his own attorney, filed a plea in which he claimed that Singley had no cause of action because the debt had been paid.
11

Plea, ca. 5 May 1841 [Singley v. Rigdon].


Singley’s attorneys filed 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...

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to the plea, claiming the debt remained unsatisfied.
12

Replication, ca. 5 May 1841 [Singley v. Rigdon]. Both parties requested a jury trial. However, the statute outlining the debt collection procedure made no mention of a jury, referring only to the parties appearing before the court, which would issue a verdict. (An Act, Simplifying Proceedings at Law for the Collection of Debts [25 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 538, secs. 5–6.)


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.

The suit then proceeded to trial before Judge
Stephen A. Douglas

23 Apr. 1813–3 June 1861. Lawyer, politician. Born at Brandon, Rutland Co., Vermont. Son of Stephen Arnold Douglass and Sarah Fisk. Moved to Ontario Co., New York, 1830. Moved to Jacksonville, Morgan Co., Illinois, 1833. Served as attorney general of Illinois...

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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...

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, Illinois. JS, Cahoon and Ripley testified.
13

Cahoon and Ripley filed affidavits attesting to their presence in court on 6 May 1841. If JS filed a similar affidavit, it has not been located, but court records show that all three men were paid witness fees. (Affidavit, 6 May 1841–A [Singley v. Rigdon]; Affidavit, 6 May 1841–B [Singley v. Rigdon]; Fee Bill, ca. May 1841 [Singley v. Rigdon].)


The plaintiff’s attorney and Rigdon in his own defense appeared before the court. After Douglas listened to the evidence, he ruled in favor of Rigdon.
14

Docket Entry, Judgment, 6 May 1841 [Singley v. Rigdon].


 
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.
 

1837 (1)

March (1)

6 March 1837

Sidney Rigdon, Promissory Note, Kirtland Township, Geauga Co., OH, to Nicholas Singley
1

Note for $150 due 4 June 1837.


  • 6 Mar. 1837; private possession;
    2

    For a color image of this document, see Taylor & Woodruff Company, 2012 Catalogue: The Mormon Journey, 28.


    Comprehensive Works Cited

    Taylor & Woodruff Company. 2012 Catalogue: The Mormon Journey. Provo, UT: Taylor & Woodruff Company, 2012.

    handwriting of Sidney Rigdon; docket and notation presumably in handwriting of Nicholas Singley; notation in handwriting of Sidney Rigdon; notation in unidentified handwriting.
  • Ca. 6 Nov. 1839; in Little & Williams on behalf of Nicholas Singley, Petition, ca. 6 Nov. 1839, Hancock County Courthouse, Carthage, IL; microfilm 1,521,441 at FHL; handwriting of S. Otho Williams.
  • 4 July 1840; in Little & Williams on behalf of Nicholas Singley, Petition, Copy, 4 July 1840, Hancock County Courthouse, Carthage, IL; microfilm 1,521,441 at FHL; handwriting of S. Otho Williams.
    3

    The promissory note was included in a copy of Singley’s petition that is on the same page as the 4 July 1840 summons.


 
Hancock Co., Illinois, Circuit Court

1839 (2)

November (2)

Ca. 6 November 1839

Little & Williams on behalf of Nicholas Singley, Petition, Hancock Co., IL

  • Ca. 6 Nov. 1839; Hancock County Courthouse, Carthage, IL; microfilm 1,521,441 at FHL; handwriting of S. Otho Williams.
  • 4 July 1840; Hancock County Courthouse, Carthage, IL; microfilm 1,521,441 at FHL; printed form with manuscript additions in handwriting of S. Otho Williams; docket printed with manuscript additions in handwriting of S. Otho Williams; notation in handwriting of S. Otho Williams; notations printed with manuscript additions presumably in handwriting of E. G. Haggard.
    1

    A copy of the petition and the 4 July 1840 summons were inscribed on the same page and served together.


7 November 1839

S. Otho Williams on behalf of Wesley Williams, Summons, to Hancock Co. Sheriff, for Sidney Rigdon, Carthage, Hancock Co., IL

  • 7 Nov. 1839; Hancock County Courthouse, Carthage, IL; microfilm 1,521,441 at FHL; printed form with manuscript additions in handwriting of S. Otho Williams; docket printed with manuscript additions in handwriting of S. Otho Williams; notation printed with manuscript additions presumably in handwriting of E.G. Haggard; notation in handwriting of S. Otho Williams.

1840 (1)

July (1)

4 July 1840

S. Otho Williams on behalf of Wesley Williams, Summons, to Hancock Co. Sheriff, for Sidney Rigdon, Carthage, Hancock Co., IL

  • 4 July 1840; Hancock County Courthouse, Carthage, IL; microfilm 1,521,441 at FHL; printed form with manuscript additions in handwriting of S. Otho Williams; docket printed with manuscript additions in handwriting of S. Otho Williams; notation in handwriting of S. Otho Williams; notations printed with manuscript additions presumably in handwriting of E. G. Haggard.
    1

    The summons and a copy of the circa 6 November 1839 petition were inscribed on the same page and served together.


1841 (8)

May (8)

3 May 1841

S. Otho Williams, Subpoena, to Hancock Co. Sheriff, for JS and Others, Carthage, Hancock Co., IL

  • 3 May 1841; Hancock Co., IL, Summonses, 1841–1847, BYU; printed form with manuscript additions in handwriting of S. Otho Williams; docket printed with manuscript additions in handwriting of S. Otho Williams; notations printed with manuscript additions in handwriting of Lewis Robison.
4 May 1841

Sidney Rigdon, Affidavit, before S. Otho Williams, Carthage, Hancock Co., IL

  • 4 May 1841; private possession; handwriting of Sidney Rigdon; certification in handwriting of S. Otho Williams; docket and notation in handwriting of S. Otho Williams.
Ca. 5 May 1841

Sidney Rigdon, Plea, Hancock Co., IL

  • Ca. 5 May 1841; private possession; unidentified handwriting; docket in unidentified handwriting; notation in handwriting of S. Otho Williams.
    1

    The plea and circa 5 May 1841 replication were inscribed together on the same page.


Ca. 5 May 1841

Little & Williams on behalf of Nicholas Singley, Replication, Hancock Co., IL

  • Ca. 5 May 1841; private possession; unidentified handwriting; docket in unidentified handwriting; notation in handwriting of S. Otho Williams.
    1

    The replication and circa 5 May 1841 plea were inscribed together on the same page.


6 May 1841

Alanson Ripley, Affidavit, before Eli H. Williams on behalf of S. Otho Williams, Carthage, Hancock Co., IL, 6 May 1841–A

  • 6 May 1841; microfilm in Circuit court case files, 1830–1900, CHL; printed form with manuscript additions in handwriting of Eli H. Williams; signature of Alanson Ripley; docket and notation in handwriting of S. Otho Williams.
6 May 1841

Reynolds Cahoon, Affidavit, before Eli H. Williams on behalf of S. Otho Williams, Carthage Hancock Co., IL, 6 May 1841–B

  • 6 May 1841; microfilm in Circuit court case files, 1830–1900, CHL; printed form with manuscript additions in handwriting of Eli H. Williams; signature of Reynolds Cahoon; docket and notation in handwriting of S. Otho Williams.
6 May 1841

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

  • 6 May 1841; Hancock County Circuit Court Record, vol. C, p. 64, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of S. Otho Williams.
Ca. May 1841

Fee Bill, Carthage, Hancock Co., IL

  • Ca. May 1841; Hancock County Circuit Court, Fee Book E, p. 15, Hancock County Courthouse, Carthage, IL; handwriting of S. Otho Williams.
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Related Case Documents
Editorial Title
Introduction to Singley v. Rigdon
ID #
18266
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Subpoena, 3 May 1841 [Singley v. Rigdon].

    2. [2]

      Sidney Little had a law practice in Carthage, Illinois, and Archibald Williams had a practice in Quincy; they advertised their joint legal services under the firm Little & Williams.

    3. [3]

      Petition, ca. 6 Nov. 1837 [Singley v. Rigdon]; Promissory Note, 6 Mar. 1837 [Singley v. Rigdon]; Minute Book 1, 10 June 1836; see also Letter from Don Carlos Smith, ca. Late Mar. 1838.

    4. [4]

      Rigdon, JS, and other church leaders were involved in several business ventures in the Kirtland area in 1837, including a store in nearby Chester, Ohio, and the Kirtland Safety Society. (Historical Introduction to Notes Receivable from Rigdon, Smith & Co., 22 May 1837.)

    5. [5]

      Petition, ca. 6 Nov. 1839 [Singley v. Rigdon]; An Act, Simplifying Proceedings at Law for the Collection of Debts [25 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 538, sec. 1, sec. 6; see also Introduction to Boosinger v. JS et al. and Boosinger v. O. Cowdery et al.

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

    6. [6]

      Summons, 7 Nov. 1839 [Singley v. Rigdon].

    7. [7]

      Summons, 7 Nov. 1839 [Singley v. Rigdon]. Rigdon started on the journey to Washington DC with JS and Elias Higbee in October 1839, but a continued bout of malaria necessitated that he stop in Springfield, Illinois, to recover. Though Rigdon apparently returned to Nauvoo in May 1840, he remained bedridden as late as July. (Historical Introduction to Statement, ca. 1 Nov. 1839–B; Historian’s Office, JS History, Draft Notes, 19 Nov. 1839; Richard M. Young to Elias Higbee, 9 Apr. 1840, JS Letterbook 2, pp. 133–134; Historical Introduction to Letter to Crooked Creek, Illinois, Branch, ca. 7 or 8 July 1840.)

    8. [8]

      Petition, ca. 6 Nov. 1839 [Singley v. Rigdon]; Summons, 4 July 1840 [Singley v. Rigdon].

    9. [9]

      Subpoena, 3 May 1841 [Singley v. Rigdon]; Affidavit, 4 May 1841 [Singley v. Rigdon].

    10. [10]

      Affidavit, 4 May 1841 [Singley v. Rigdon].

    11. [11]

      Plea, ca. 5 May 1841 [Singley v. Rigdon].

    12. [12]

      Replication, ca. 5 May 1841 [Singley v. Rigdon]. Both parties requested a jury trial. However, the statute outlining the debt collection procedure made no mention of a jury, referring only to the parties appearing before the court, which would issue a verdict. (An Act, Simplifying Proceedings at Law for the Collection of Debts [25 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 538, secs. 5–6.)

      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.

    13. [13]

      Cahoon and Ripley filed affidavits attesting to their presence in court on 6 May 1841. If JS filed a similar affidavit, it has not been located, but court records show that all three men were paid witness fees. (Affidavit, 6 May 1841–A [Singley v. Rigdon]; Affidavit, 6 May 1841–B [Singley v. Rigdon]; Fee Bill, ca. May 1841 [Singley v. Rigdon].)

    14. [14]

      Docket Entry, Judgment, 6 May 1841 [Singley v. Rigdon].

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