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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]

Summons, 8 May 1844 [F. M. Higbee v. JS–B]

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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, Summons, 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 JS,
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, 8 May 1844, F. M. Higbee v. JS–B (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, 8 May 1844]; notations printed with manuscript additions by
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, 9 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], 14 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 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]

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...

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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:
WE COMMAND YOU TO SUMMON Joseph Smith—— 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
, to appear before the Circuit Court of said county of
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
, on the first day of the next term thereof, to be holden 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 third Monday in the month of May Inst to answer the complaint 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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of a plea of
Trespass on the case

A legal writ that permits an individual to sue for damages for wrongs committed without force. This action is sometimes referred to as simply “case.” Trespass on the case was a broad category that encompassed more specific common law actions such as assumpsit...

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on promises to his damage, the sum of Five Thousand—— Dollars, as he says. And have you there this writ, and make return thereon in what manner 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 Eighth— 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...

View Full Bio
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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Document Information

Related Case Documents
Editorial Title
Summons, 8 May 1844 [F. M. Higbee v. JS–B]
ID #
4810
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Printed text
  • David E. Head

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