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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 24 October 1844–A [City of Nauvoo v. C. A. Foster]

Source Note

George Stiles

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

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and
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. 24 Oct. 1844], City of Nauvoo v. C. A. Foster (Hancock Co., IL, Circuit Court 1845); handwriting of
George Stiles

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

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; docket by
George Stiles

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

View Full Bio
, [
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 ...

More Info
, IL], [24 Oct. 1844]; notation by
Jacob B. Backenstos

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...

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, [
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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, Hancock Co., IL], 24 Oct. 1844; two pages; Hancock County Courthouse, Carthage, IL; microfilm at FHL.

Historical Introduction

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

Page [1]

State of Illinois)
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
)
In the
Hancock

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 October Term A. D. 1844
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) On Appeal or
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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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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)
It is moved that the court 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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& quash the Writ herein for the following reasons To wit—
1st The Justices of Probate are not authorized by Law to order Writs 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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—
2d The Petition does not set forth that the Judgement was unjust or Erroneous
3 The record does not show that a Judgement was rendered by the Court to whom 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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was granted
[George P.] Stiles

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

View Full Bio
&
[Almon] Babbitt

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

View Full Bio
Attornies [p. [1]]
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Page [1]

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Related Case Documents
Editorial Title
Motion, circa 24 October 1844–A [City of Nauvoo v. C. A. Foster]
ID #
14985
Total Pages
2
Print Volume Location
Handwriting on This Page
  • George Stiles

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