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Introduction to State of Illinois v. Finch, State of Illinois v. Finch on Habeas Corpus, and Davis v. JS et al. Praecipe, circa 22 February 1844 [Davis v. JS et al.] Praecipe, 23 February 1844 [Davis v. JS et al.] Summons, 24 February 1844 [Davis v. JS et al.] Subpoena, 24 February 1844–A [Davis v. JS et al.] Subpoena, 24 February 1844–B [Davis v. JS et al.] Subpoena, 24 February 1844–C [Davis v. JS et al.] Notice, 9 April 1844 [Davis v. JS et al.] Notice, 9 April 1844, Copy [Davis v. JS et al.] Docket Entry, Leave to Plead, 21 May 1844 [Davis v. JS et al.] Pleas, circa 22 May 1844 [Davis v. JS et al.] Demurrer, circa 22 May 1844 [Davis v. JS et al.] Attachment, 23 May 1844 [Davis v. JS et al.] Docket Entry, Plea, 23 May 1844 [Davis v. JS et al.] Docket Entry, Motion and Change of Venue, 23 May 1844 [Davis v. JS et al.] Case File Wrapper, circa May 1844 [Davis v. JS et al.] Affidavit, 6 August 1844 [Davis v. JS et al.] Motion, circa 6 August 1844 [Davis v. JS et al.] Docket Entry, Notification of Death and Dismissal, 21 October 1844 [Davis v. JS et al.] Docket Entry, Fee Bill, between 22 November 1844 and circa 20 February 1845 [Davis v. JS et al.] Praecipe, 25 February 1845 [Davis v. JS et al.] Docket Entry, Alias Fee Bill, between 29 March and circa 7 July 1845 [Davis v. JS et al.] Docket Entry, circa 7 July 1845 [Davis v. JS et al.]

Pleas, circa 22 May 1844 [Davis v. JS et al.]

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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on behalf of JS,
John P. Greene

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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, and
Orson Spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

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, Pleas,
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. [22] May 1844, Davis v. JS et al. (Hancock Co., IL, Circuit Court 1844); 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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; docket by
Chauncey L. Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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, [
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, ca. 22 May 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], 23 May 1844; three pages; Hancock County Courthouse, Carthage, IL.

Historical Introduction

See Introduction to State of Illinois v. Finch, State of Illinois v. Finch on Habeas Corpus, and Davis v. JS 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
)
Amos Davis

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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)
vs)
Joseph Smith)
John P. Greene

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

View Full Bio
)
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
Orson Spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

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)
May Term 1844
and the said defendents by their
attorney

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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come and defend the force and ingury when &c and say that they are not guilty of the said supposed Trespasses above laid to their charce [charge] or any or either of them or any part thereof in manner and form as the said
Plaintiff

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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hath above complained against them and of this they the said defendants put themselves
uppon the count[r]y

Phrase used in pleadings meaning the defendant wished a trial by jury.

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&c
<​And the
Plaintiff

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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doth the like <​By​>
[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...

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&
[Chauncey L.] Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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his attys​>

Insertion in handwriting of Onias Skinner.


And for a further plea in this behalf the said defendants, by leave of the court, say that the said
plaintiff

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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ought not further to have or maintain his aforesaid action thereof against them the said defendants &c because they say that the supposed trespasses were committed by the said defendants in <​the​>
execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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of a certain <​legal​> writ, of execution is issued uppon a Judegent [judgment] against said
Plaintiff

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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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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and the defendants further veriffy aver that that Joseph Smith and
Orson Spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

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are aldermen and form a part of said court and that said judgment was rendered against said [p. [1]]
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Source Note

Document Transcript

Page [1]

Document Information

Related Case Documents
Editorial Title
Pleas, circa 22 May 1844 [Davis v. JS et al.]
ID #
17283
Total Pages
3
Print Volume Location
Handwriting on This Page
  • Almon Babbitt
  • Onias Skinner

Footnotes

  1. new scribe logo

    Insertion in handwriting of Onias Skinner.

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