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Introduction to City of Nauvoo v. Davis for Ardent Spirits Complaint, 1 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Warrant, 1 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Execution, 1 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, circa 2 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, circa 2 December 1842, Copy [City of Nauvoo v. Davis for Ardent Spirits] Subpoena, 6 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, circa 6 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Execution, 8 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Supersedeas, 19 January 1843 [City of Nauvoo v. Davis for Ardent Spirits] Claim, 28 February 1843 [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, circa 6 December 1842, Defendant Copy [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, circa 6 December 1842, Circuit Court Copy [City of Nauvoo v. Davis for Ardent Spirits] Bond, 9 December 1842 [City of Nauvoo v. Davis for Ardent Spirits] Motion, circa 15 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits] Motion, circa 15 May 1843–B [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, Motions Overruled, 16 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Agreement, 18 May 1843 Praecipe, 23 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Subpoena, 23 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits] Subpoena, 23 May 1843–B [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, Motions Overruled and Jury Impaneled, 23 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Verdict, 24 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, Verdict, 24 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Affidavit, 24 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, circa 24 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Affidavit, 25 May 1843 [City of Nauvoo v. Davis for Ardent Spirits] Affidavit, 26 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits] Affidavit, 26 May 1843–B [City of Nauvoo v. Davis for Ardent Spirits] Docket Entry, Motion, 20 October 1843 Docket Entry, Fieri Facias, between 24 May and circa 18 December 1843 [City of Nauvoo v. Davis for Ardent Spirits] Affidavit, 22 October 1844

Subpoena, 23 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits]

Source Note

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 ...

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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
John Eagle

19 Jan. 1805–ca. 1854. Grocer, laborer. Born in Alexandria, Huntingdon Co., Pennsylvania. Son of John Eagle and Catharine Spence. Moved to Porter, Huntingdon Co., by 1820. Married Susannah Whitelock, 4 Dec. 1827, in Licking Co., Ohio. Moved to Illinois, by...

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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, 23 May 1843, City of Nauvoo v. Davis for Ardent Spirits (Hancock Co., IL, Circuit Court 1843); printed form with manuscript additions in handwriting of
M. Avise

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; witnessed by
M. Avise

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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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, 23 May 1843; docket and notations printed with manuscript additions by
M. Avise

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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, 23 May 1843; two pages; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU. Includes seal.

Historical Introduction

See Introduction to City of Nauvoo v. Davis for Ardent Spirits.

Page [1]

STATE OF ILLINOIS,) Sct. [scilicet]
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...

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, 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 ...

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, GREETING:
You are hereby commanded to SUMMON
John Eagle

19 Jan. 1805–ca. 1854. Grocer, laborer. Born in Alexandria, Huntingdon Co., Pennsylvania. Son of John Eagle and Catharine Spence. Moved to Porter, Huntingdon Co., by 1820. Married Susannah Whitelock, 4 Dec. 1827, in Licking Co., Ohio. Moved to Illinois, by...

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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...

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, on the
Instanter

Command to act immediately, “taken to mean ‘before the rising of the court,’ when the act is to be done in court; or, ‘before the shutting of the office the same night,’ when the act is to be done there.”

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day of [blank] in the year of our Lord one thousand eight hundred and forty [blank] to testify, and the truth to speak, in relation to a certain matter in controversy, now depending in the said Court, between 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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plaintiff[blank],
1

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


and
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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defendant at the instance of the said
Pltff

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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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]
2

TEXT: Embossed seal, “CIRCUIT COURT HANCOCK COUNTY ILLINOIS”.


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 23— day of May— in the year of our Lord one thousand eight hundred and forty three
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
M. Avise

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DC [Deputy Clerk] [p. [1]]
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|

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Source Note

Document Transcript

Page [1]

Document Information

Related Case Documents
Editorial Title
Subpoena, 23 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits]
ID #
13333
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Printed text
  • Matthias Avise

Footnotes

  1. [1]

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

  2. [2]

    TEXT: Embossed seal, “CIRCUIT COURT HANCOCK COUNTY ILLINOIS”.

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