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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 ...

View Glossary
, 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 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., ...

View Full Bio
], 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...

More Info
, 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

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, [30 Nov. 1840]; notations printed with manuscript additions by
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., ...

View Full Bio
,
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, 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.

Page [2]

Docket printed with manuscript additions in handwriting of S. Otho Williams.


3d Day. No. [blank]
Joseph Smith & others
vs.) In Assumpsit <​Case​>.
Benjamin Holladay & Wm Holladay
Capias

Latin for “that you take”; a writ or process commanding a sheriff or other officer to take a defendant into legal custody. Each use of this term is adapted to the purposes indicated by additional words used for its designation. When a summons was not the ...

View Glossary
SUMMONS.
In the
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
Circuit Court, Ills. To April Term, A. D. 1841
 

Notations printed with manuscript additions in handwriting of William D. Abernethy.


I cannot, in my
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
, find the within named [blank]
Sheriff,
H. C.

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
Ill.
 
I have served the within Summons by reading the same to the within named taking the bodies of the within named Benjamin Holladay & William Holladay and have them ready to answer according to law Nov 30th 1841
Wm. 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., ...

View Full Bio
Sheriff,
H. C.

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
Ill.
The Bail Bond being herewith filed
Wm 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., ...

View Full Bio
 
SHERIFF’S FEES:—
Serving 2 Summons, $1.—
Returning Summons, —.12½
36 Miles Travel, 2.25
Taking Bond 50
Total Amount, $3.87½
Wm. 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., ...

View Full Bio
Sheriff
H. C.

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
Ill. [p. [2]]
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Source Note

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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
  • S. Otho Williams
  • Printed text
  • William D. Abernethy

Footnotes

  1. new scribe logo

    Docket printed with manuscript additions in handwriting of S. Otho Williams.

  2. new scribe logo

    Notations printed with manuscript additions in handwriting of William D. Abernethy.

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