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Introduction to City of Nauvoo v. C. L. Higbee et al. Notice of Appeal, 2 May 1844 Docket Entry, 2 May–circa 3 June 1844 [City of Nauvoo v. C. A. Foster] Bond, 26 July 1844 [City of Nauvoo v. C. A. Foster] Certiorari, 26 July 1844 [City of Nauvoo v. C. A. Foster] Supersedeas, 26 July 1844 [City of Nauvoo v. C. A. Foster] Motion, circa 21 October 1844 [City of Nauvoo v. C. A. Foster] Docket Entry, Motion, 22 October 1844 [City of Nauvoo v. C. A. Foster] Motion, circa 24 October 1844–A [City of Nauvoo v. C. A. Foster] Motion, circa 24 October 1844–B [City of Nauvoo v. C. A. Foster] Docket Entry, Motions, 25 October 1844 [City of Nauvoo v. C. A. Foster] Docket Entry, Motions Overruled, 31 October 1844 [City of Nauvoo v. C. A. Foster] Docket Entry, Dismissal, 21 October 1845 [City of Nauvoo v. C. A. Foster] Docket Entry, circa 21 October 1845 [City of Nauvoo v. C. A. Foster] Case File Wrapper, circa October 1845 [City of Nauvoo v. C. A. Foster] Docket Entry, Fieri Facias, between 17 December 1845 and circa 17 March 1846 [City of Nauvoo v. C. A. Foster]

Motion, circa 21 October 1844 [City of Nauvoo v. C. A. Foster]

Source Note

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....

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, Motion,
Hancock Co.

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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, IL, [ca. 21 Oct. 1844], City of Nauvoo v. C. A. Foster (Hancock Co., IL, Circuit Court 1845); handwriting of
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....

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; microfilm in Circuit Court case files, 1830–1900, CHL.

Historical Introduction

See Introduction to City of Nauvoo v. C. L. Higbee et al.

Page [1]

City of
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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)
vs)
Charles A foster

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

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)
Hancock circuit court
October Term 1844
the
Plantiff

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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s attorneys Enters a motion in the above cause to dismiss the
Injunction

A prohibitory writ “restraining a person from committing or doing an act . . . which appear[s] to be against equity and conscience.”

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and quash the writ of
Certiorari

A writ from a superior court commanding a lower court to certify the record in a particular case in order for the superior court to review the proceedings.

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for causses to wit first there is no Judgement in the Municipal court of the city of
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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(second) the affidavit is incaficent [insufficient] third the court that <​orderd​> caussd the writ of
Certiorai

A writ from a superior court commanding a lower court to certify the record in a particular case in order for the superior court to review the proceedings.

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had not jurisdiction of the matter
A[lmon] W 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....

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atty for 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
[p. [1]]
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Related Case Documents
Editorial Title
Motion, circa 21 October 1844 [City of Nauvoo v. C. A. Foster]
ID #
5288
Total Pages
1
Print Volume Location
Handwriting on This Page
  • Almon Babbitt

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