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Introduction to C. A. Foster v. JS and Coolidge Ordinance, 1 March 1841–D, Thomas Bullock Copy Ordinance, 1 March 1841–E, Thomas Bullock Copy Praecipe, 9 May 1844 [C. A. Foster v. JS and Coolidge] Summons, 9 May 1844 [C. A. Foster v. JS and Coolidge] Declaration, circa 9 May 1844 [C. A. Foster v. JS and Coolidge] Praecipe, 10 May 1844 [C. A. Foster v. JS and Coolidge] Subpoena, 10 May 1844 [C. A. Foster v. JS and Coolidge] Praecipe, circa 20 May 1844 [C. A. Foster v. JS and Coolidge] Subpoena, 21 May 1844 [C. A. Foster v. JS and Coolidge] Demurrer, circa 21 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Demurrer, 22 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Demurrer, 22 May 1844, Copy [C. A. Foster v. JS and Coolidge] Affidavit, 23 May 1844 [C. A. Foster v. JS and Coolidge] Affidavit, 24 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Withdrawn Demurrer, 27 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Withdrawn Demurrer, 27 May 1844, Copy [C. A. Foster v. JS and Coolidge] Pleas, circa 27 May 1844 [C. A. Foster v. JS and Coolidge] Affidavit, 28 May 1844–A [C. A. Foster v. JS and Coolidge] Affidavit, 28 May 1844–B [C. A. Foster v. JS and Coolidge] Docket Entry, Motion, Change of Venue, and Pleas, 28 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Motion, Change of Venue, and Pleas, 28 May 1844, Copy [C. A. Foster v. JS and Coolidge] Demurrer, circa 28 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Sustained Demurrer, 29 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Sustained Demurrer, 29 May 1844, Copy [C. A. Foster v. JS and Coolidge] Bill of Costs, 10 August 1844–A [C. A. Foster v. JS and Coolidge] Bill of Costs, 10 August 1844–B [C. A. Foster v. JS and Coolidge] Transcript of Proceedings, 10 August 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Fee Bill, between 16 August and circa 24 October 1844 [C. A. Foster v. JS and Coolidge] Case File Wrapper, circa October 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Certificate of Levy, 4 November 1844 [C. A. Foster v. JS and Coolidge] Praecipe, circa 13 August 1844 [C. A. Foster v. JS and Coolidge] Subpoena, 14 August 1844 [C. A. Foster v. JS and Coolidge] Affidavit, 26 August 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Dismissal, 27 August 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, circa 27 August 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Dismissal, circa August 1844 [C. A. Foster v. JS and Coolidge]

Pleas, circa 27 May 1844 [C. A. Foster v. JS and Coolidge]

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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and Skinner & Bachman, attorneys, on behalf of JS and
Joseph W. Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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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 ...

More Info
, IL, [ca. 27 May 1844], C. A. Foster v. JS and Coolidge (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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,
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 unidentified scribe; signatures 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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,
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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, and
George Bachman

ca. 1802–after Mar. 1857. Possibly born in New York. Son of Jacob Bachman and Sarah Borzenbanack. Practiced law in Springfield, Sangamon Co., Illinois, and in Hancock Co., Illinois, 1840s. Member of jury that testified about manner of deaths of JS and Hyrum...

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[by
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
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
, [
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. 27 May 1844]; docket by unidentified scribe, [ca. 27 May 1844]; docket and notations by
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

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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...

More Info
, Hancock Co., IL], 28 May 1844; notations by James M. Campbell, [
Macomb

Incorporated as city, 1841. McDonough Co. seat. JS’s brother Don Carlos Smith lived nearby Macomb, 1839. Branch of church organized in city, June 1839.

More Info
, McDonough Co., IL], 12 Aug. 1844; seven pages; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb.

Historical Introduction

See Introduction to C. A. Foster v. JS and Coolidge.

Page [3]

there as Mayor as aforesaid comm[an]ded the arrest
Marshall

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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aforesaid to arrest the
plaintiff

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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whareuppon the
Marshall

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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aforesaid proceeded to arrest the
Plaintiff

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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and uppon resistance being m[a]de the
Marshall

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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aforesaid called uppon one of the defendants
Joseph Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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to assist him in the arrest and to bring said
plaintiff

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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before the Mayors court to answer for his said conduct in testimony in resisting the said
Marshall

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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& breach of the peace in said
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
whareuppon the [said?]
Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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laying gentle hands uppon hold of the said
Plaintiff

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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for that purpus the said
plaintiff

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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then and there drew a pistol becoming greatly inraged and threa[te]ned to shoot Joseph Smith Mayor afforesaid whereuppon the said
Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

View Full Bio
and others did wrest from from said
Plaintiff

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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the said pistol and then and there a little while and for that cause aforesaid imprisoned and keep the said
Plaintiff

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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in his custody using no voilence in maner maner and form Complained but held the said
Plaintiff

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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untill the said Joseph Smith Mayor could hold an examination of the said
plaintiff

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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for his said resisting the said
Marshall

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 breach of the peace as the defendets in Right might do which is the same
fals imprisoning

An unauthorized detention of a person, without regard to whether a crime has been committed or a debt is due. The remedy is to release the person from custody by writ of habeas corpus and to recover damages for the injury by an action of trespass. An offender...

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and ingury in the
Plaintiff

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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decleration

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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mentioned which they are now ready to verify wherefore they pray Judgement
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
Skinner Backman [Bachman & Skinner]
attys for the Defts [p. [3]]
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Page [3]

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Related Case Documents
Editorial Title
Pleas, circa 27 May 1844 [C. A. Foster v. JS and Coolidge]
ID #
4898
Total Pages
8
Print Volume Location
Handwriting on This Page
  • Almon Babbitt

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