Capias ad Respondendum, 30 November 1840 [Miller et al. v. B. Holladay and W. Holladay]

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Introduction to Miller et al. v. B. Holladay and W. Holladay Affidavit, 30 November 1840 [Miller et al. v. B. Holladay and W. Holladay] Capias ad Respondendum, 30 November 1840 [Miller et al. v. B. Holladay and W. Holladay] Subpoena, 3 April 1841 [Miller et al. v. B. Holladay and W. Holladay] Declaration, circa 23 April 1841 [Miller et al. v. B. Holladay and W. Holladay] Docket Entry, Dismissal, 7 May 1841 [Miller et al. v. B. Holladay and W. Holladay] Docket Entry, between circa 19 June and circa 22 September 1841 [Miller et al. v. B. Holladay and W. Holladay]
Capias ad Respondendum, 30 November 1840 [Miller et al. v. B. Holladay and W. Holladay]
Source Note

S. Otho Williams,
Capias ad Respondendum
Latin for “that you take until answer”; a writ commanding an officer to arrest a defendant to answer the plaintiff’s plea. A defendant arrested on this writ was committed to prison unless a bail bond was given. The amount of bail would be endorsed on the ...
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, 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 D. Abernethy
8 Apr. 1801–3 July 1850. Postmaster, storekeeper, sheriff, farmer. Born in Harwinton, Litchfield Co., Connecticut. Son of William Conant Abernethy and Azubah Dexter. Moved with family to Jacksonville, Morgan Co., Illinois. Cofounded Augusta, Hancock Co., ...
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], for Benjamin Holladay and William Holladay,
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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, Hancock Co., IL, 30 Nov. 1840, Miller et al. v. B. Holladay and W. Holladay (Hancock Co., IL, Circuit Court 1841); printed form with manuscript additions in handwriting of S. Otho Williams; docket printed with manuscript additions by S. Otho Williams, [
Carthage
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], Hancock Co., IL, [30 Nov. 1840]; notations printed with manuscript additions by
William D. Abernethy
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,
Hancock Co.
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, IL, 30 Nov. 1840; two pages; microfilm in Circuit Court case files, 1830–1900, CHL. Includes seal.

Historical Introduction
See Introduction to Miller et al. v. B. Holladay and W. Holladay.
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SUMMONS in
Assumpsit
An action brought to recover damages for breach of a simple contract or for the recovery of money, but not done under seal or by matter of record. Assumpsit was a form of trespass on the case.
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.

STATE OF ILLINOIS,) Sct.

HANCOCK COUNTY
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,)

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
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of said
County
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, greeting:

1
TEXT: A note is printed in the left margin of the document: “Writs shall run, &c. State Const. art. 4, § 7; Breese 133”.
We Command you to Summon take Benjamin Holladay & William Holladay and them safely Keep so that you may have them
2
TEXT: A note is printed in the left margin of the document: “Be directed, &c. Rev. Laws, p 486 To Coroner, 578, To Elisor, 579.”
if to be found in your
County
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, to appear before the Circuit Court of said County of
3
TEXT: A note is printed in the left margin of the document: “to other counties when, 145, 497.”
Hancock
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, on the first day of the next term thereof, to be holden at the Court House, in
4
TEXT: A note is printed in the left margin of the document: “Made returnable 158, 487, § 1. Laws ’38–9 p 278, ’36–7, p 112 § 5”.
Carthage
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, on the fourth Monday in the month of April AD 1841 to answer the complaint of Joseph Smith Jr
Hyrum Smith
9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by...
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Peter Haws
17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...
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and
George Miller
25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...
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5
TEXT: A note is printed in the left margin of the document: “Archbold’s Appendix, p. 26.”
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 Premises, to their damage, the sum of two thousand—— Dollars, as they says. And have you then there this writ, and make return thereon in what manner you execute the same.

[seal]

6
TEXT: A note is printed in the left margin of the document: “Of Service & Return: R. L. 155 § 30, 487, § 2. R. L. 387. Breese, p. 168, 292.”
Witness,
WESLEY WILLIAMS
24 Mar. 1792–12 May 1870. Lawyer, postmaster, court clerk, county recorder. Born in Lincoln Co., Kentucky. Served in War of 1812. Married first Elizabeth Ayers, 2 Apr. 1816, in Bourbon Co. Moved to Quincy, Adams Co., Illinois, ca. 1825. Moved to Hancock Co...
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, <S Otho Williams> Clerk of our said Circuit Court, at
Carthage
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, this Thirtieth day of November in
7
TEXT: A note is printed in the left margin of the document: “Tested L. ’36–7 p. 178–9. Sealed Dated, & Signed, R. L. 158, 486.”
the year of our Lord one thousand eight hundred and forty

S Otho Williams Clerk.

C. M. WOODS, PRINT.
QUINCY
Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...
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, ILLS. [p. [1]]
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Document Information
Related Case Documents
Editorial Title
Capias ad Respondendum, 30 November 1840 [Miller et al. v. B. Holladay and W. Holladay]
ID #
3183
Total Pages
2
Print Volume Location
Handwriting on This Page
Printed text
S. Otho Williams
Footnotes
[1]
TEXT: A note is printed in the left margin of the document: “Writs shall run, &c. State Const. art. 4, § 7; Breese 133”.
[2]
TEXT: A note is printed in the left margin of the document: “Be directed, &c. Rev. Laws, p 486 To Coroner, 578, To Elisor, 579.”
[3]
TEXT: A note is printed in the left margin of the document: “to other counties when, 145, 497.”
[4]
TEXT: A note is printed in the left margin of the document: “Made returnable 158, 487, § 1. Laws ’38–9 p 278, ’36–7, p 112 § 5”.
[5]
TEXT: A note is printed in the left margin of the document: “Archbold’s Appendix, p. 26.”
[6]
TEXT: A note is printed in the left margin of the document: “Of Service & Return: R. L. 155 § 30, 487, § 2. R. L. 387. Breese, p. 168, 292.”
[7]
TEXT: A note is printed in the left margin of the document: “Tested L. ’36–7 p. 178–9. Sealed Dated, & Signed, R. L. 158, 486.”