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Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B Praecipe, circa 7 May 1844–A [F. M. Higbee v. JS–B] Praecipe, circa 7 May 1844–B [F. M. Higbee v. JS–B] Summons, 8 May 1844 [F. M. Higbee v. JS–B] Subpoena, 8 May 1844–A [F. M. Higbee v. JS–B] Subpoena, 8 May 1844–B [F. M. Higbee v. JS–B] Declaration, circa 9 May 1844 [F. M. Higbee v. JS–B] Plea, 20 May 1844 [F. M. Higbee v. JS–B] Docket Entry, Plea, 21 May 1844 [F. M. Higbee v. JS–B] Affidavit, 23 May 1844–A [F. M. Higbee v. JS–B] Affidavit, 23 May 1844–B [F. M. Higbee v. JS–B] Affidavit, 23 May 1844–C [F. M. Higbee v. JS–B] Docket Entry, Motion and Change of Venue, 23 May 1844 [F. M. Higbee v. JS–B] Affidavit, 24 May 1844 [F. M. Higbee v. JS–B] Docket Entry, Motion Set Aside, 24 May 1844 [F. M. Higbee v. JS–B] Pleas, circa 28 May 1844 [F. M. Higbee v. JS–B] Replication, circa 28 May 1844 [F. M. Higbee v. JS–B] Demurrer, circa 28 May 1844 [F. M. Higbee v. JS–B] Docket Entry, Pleas and Demurrer, 29 May 1844 [F. M. Higbee v. JS–B] Docket Entry, Demurrer Sustained, 29 May 1844 [F. M. Higbee v. JS–B] Bill of Costs, 9 August 1844 [F. M. Higbee v. JS–B] Bill of Costs, 10 August 1844 [F. M. Higbee v. JS–B] Transcript of Proceedings, 10 August 1844 [F. M. Higbee v. JS–B] Case File Wrapper, circa October 1844 [F. M. Higbee v. JS–B] Praecipe, 29 May 1844 [F. M. Higbee v. JS–B] Docket Entry, Abatement, 27 August 1844 [F. M. Higbee v. JS–B] Docket Entry, circa 27 August 1844 [F. M. Higbee v. JS–B] Docket Entry, Abatement, circa August 1844 [F. M. Higbee v. JS–B]

Replication, circa 28 May 1844 [F. M. Higbee v. JS–B]

Source Note

Calvin A. Warren

3 June 1807–22 Feb. 1881. Lawyer. Born in Elizabethtown, Essex Co., New York. Lived at Hamilton Co., Ohio, 1832. Moved to Batavia, Clermont Co., Ohio, by 1835. Married first Viola A. Morris, 25 May 1835, at Batavia. Moved to Quincy, Adams Co., Illinois, 1836...

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and
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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on behalf of
Francis M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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, Replication, [
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. 28 May 1844], F. M. Higbee v. JS–B (Hancock Co., IL, Circuit Court 1844); handwriting of
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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; notation possibly 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...

More Info
, Hancock Co., IL], 29 May 1844; notation 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; two pages; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb.
The replication was inscribed on page [3] of Pleas, ca. 28 May 1844 [F. M. Higbee v. JS–B].

Historical Introduction

See Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B.

Page [1]

And the said
Plaintiff

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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comes &c and says for 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 said plea of the said defendant by him thirdly above pleaded precludi non because he says that he did not have the Pox in manner and form as the said Defendent in his third plea above plea[d]ed his alledged and prays this may be enquired of by the country &c
by his Atty
[Calvin A.] Warren

3 June 1807–22 Feb. 1881. Lawyer. Born in Elizabethtown, Essex Co., New York. Lived at Hamilton Co., Ohio, 1832. Moved to Batavia, Clermont Co., Ohio, by 1835. Married first Viola A. Morris, 25 May 1835, at Batavia. Moved to Quincy, Adams Co., Illinois, 1836...

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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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[p. [1]]
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Related Case Documents
Editorial Title
Replication, circa 28 May 1844 [F. M. Higbee v. JS–B]
ID #
19254
Total Pages
2
Print Volume Location
Handwriting on This Page
  • William Marr

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