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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23 May 1844 [C. A. Foster v. JS and Coolidge] Affidavit, 24 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Withdrawn Demurrer, 27 May 1844 [C. A. Foster v. JS and Coolidge] Docket Entry, Withdrawn Demurrer, 27 May 1844, Copy [C. A. Foster v. JS and Coolidge] Pleas, circa 27 May 1844 [C. A. Foster v. JS and Coolidge] Affidavit, 28 May 1844–A [C. A. Foster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]

Subpoena, 10 May 1844 [C. A. Foster v. JS and Coolidge]

Source Note

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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on behalf of
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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, Subpoena, to
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
Sheriff [
William Backenstos

29 Aug. 1813–11 July 1875. Sheriff, merchant, painter. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Baptized into Lutheran Reformed Church, 31 Oct. 1813, in Lower Paxton. Moved to Hancock Co., Illinois, by...

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], for
Augustine Spencer

22 Dec. 1788–after 1860. Land speculator, laborer. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Married Eliza Brown, ca. 1816. Signed redress petition for wrongs committed against Latter-day Saints in Missouri...

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,
Robert D. Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

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, and
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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,
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, 10 May 1844, C. A. Foster v. JS and Coolidge (Hancock Co., IL, Circuit Court 1844); printed form with manuscript additions in handwriting of
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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; docket printed with manuscript additions 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...

View Full Bio
, [
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, [10] May 1844; notations printed with manuscript additions by
William Backenstos

29 Aug. 1813–11 July 1875. Sheriff, merchant, painter. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Baptized into Lutheran Reformed Church, 31 Oct. 1813, in Lower Paxton. Moved to Hancock Co., Illinois, by...

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and
John D. Parker

22 Nov. 1799–26 Feb. 1891. Farmer, wainwright. Born in Saratoga, Saratoga Co., New York. Son of Abel Parker and Mary Davies. Served in War of 1812 as teamster in General John E. Wool’s company, 1813–1814. Married Harriet Sherwood. Moved to Galway, Saratoga...

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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, 16 May 1844; notation 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...

View Full Bio
, [
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], 18 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. Includes seal.

Historical Introduction

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

Page [1]

State of Illinois,) Sc[ilice]t.
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
.)
The People of the State of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
, TO THE
SHERIFF

29 Aug. 1813–11 July 1875. Sheriff, merchant, painter. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Baptized into Lutheran Reformed Church, 31 Oct. 1813, in Lower Paxton. Moved to Hancock Co., Illinois, by...

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OF SAID
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
—GREETING:
WE COMMAND YOU TO SUMMON
Augustus [Augustine] Spencer

22 Dec. 1788–after 1860. Land speculator, laborer. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Married Eliza Brown, ca. 1816. Signed redress petition for wrongs committed against Latter-day Saints in Missouri...

View Full Bio
,
Robert D Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

View Full Bio
&
C[hauncey] 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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if to be found in your
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
, personally to be and appear before the Circuit Court of said
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
, at the Court House, in
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
, on the Twenty Second— day of May in the year of our Lord one thousand eight hundred and forty-four to testify, and the truth to speak, in relation to a certain matter in controversy, now depending in the said Court, between
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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plaintiff[blank],
1

TEXT: The form included a blank space in case “plaintiff” needed to be made plural.


and Joseph Smith &
Joseph W Cooli[d]ge

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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defendant at the instance 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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laying aside all pretences and excuses whatsoever, under the penalty of what the law directs. And make due return of this writ, and the manner in which you execute the same.
[seal]
WITNESS,
J[acob] 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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Clerk of our said Circuit Court, at
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
, this Tenth— day of May— in the year of Our Lord one thousand eight hundred and forty-four
J. 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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Clerk.
By
D[avid] 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...

View Full Bio
Depy
[p. [1]]
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Source Note

Document Transcript

Page [1]

Document Information

Related Case Documents
Editorial Title
Subpoena, 10 May 1844 [C. A. Foster v. JS and Coolidge]
ID #
4881
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Printed text
  • David E. Head

Footnotes

  1. [1]

    TEXT: The form included a blank space in case “plaintiff” needed to be made plural.

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