Docket Entry, Copy, 16 October 1844 [City of Nauvoo v. R. D. Foster–A]

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Introduction to City of Nauvoo v. C. L. Higbee et al. Notice of Appeal, 2 May 1844 Docket Entry, circa 3 June 1844 [City of Nauvoo v. R. D. Foster–A] Bond, 25 July 1844 [City of Nauvoo v. R. D. Foster–A] Certiorari, 26 July 1844 [City of Nauvoo v. R. D. Foster–A] Supersedeas, 26 July 1844 [City of Nauvoo v. R. D. Foster–A] Docket Entry, Copy, 16 October 1844 [City of Nauvoo v. R. D. Foster–A] Motion, circa 21 October 1844 [City of Nauvoo v. R. D. Foster–A] Docket Entry, Motion, 22 October 1844 [City of Nauvoo v. R. D. Foster–A] Motion, circa 23 October 1844 [City of Nauvoo v. R. D. Foster–A] Motion, circa 24 October 1844 [City of Nauvoo v. R. D. Foster–A] Docket Entry, Motions, 25 October 1844 [City of Nauvoo v. R. D. Foster–A] Praecipe, 30 October 1844 [City of Nauvoo v. R. D. Foster–A] Docket Entry, Motions Overruled, 31 October 1844 [City of Nauvoo v. R. D. Foster–A] Docket Entry, Dismissal, 21 October 1845 [City of Nauvoo v. R. D. Foster–A] Docket Entry, circa 21 October 1845 [City of Nauvoo v. R. D. Foster–A] Case File Wrapper, circa October 1845 [City of Nauvoo v. R. D. Foster–A] Docket Entry, Fieri Facias, between 17 December 1845 and circa 17 March 1846 [City of Nauvoo v. R. D. Foster–A]
Docket Entry, Copy, 16 October 1844 [City of Nauvoo v. R. D. Foster–A]
Source Note

Docket Entry, Copy,
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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, Hancock Co., IL, 16 Oct. 1844, City of Nauvoo v. R. D. Foster–A (Hancock Co., IL, Circuit Court 1845); handwriting of
John McEwan
24 Feb. 1824–27 Feb. 1878. Laborer, clerk, postmaster. Born in Co. Down, Ireland. Son of Henry McEwan and Jane Thompson. Baptized into Church of Jesus Christ of Latter-day Saints by Orson Pratt, Oct. 1840, in Edinburgh. Immigrated to Nauvoo, Hancock Co., ...
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; certified by
William W. Phelps
17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...
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, 16 Oct. 1844; one page; private possession; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL.

Historical Introduction
See Introduction to City of Nauvoo v. C. L. Higbee et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Docket Entry, circa 3 June 1844 [ City of Nauvoo v. R. D. Foster–A ]
Docket Entry, Copy, 16 October 1844 [ City of Nauvoo v. R. D. Foster–A ]
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Municipal Court

State of Illinois) Sct. [scilicet]

City of
Nauvoo
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)

An appeal from the Mayors Court

Breach of ordinances, Fined $100.00

Robt 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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)

Appellant)

City of
Nauvoo
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)

Respondent.)

Docketing Suit 12½

" Fee 3,00

Entering dismissal 25

Attendance of Marshall 1.00

Issuing
Supersedeas
A writ “containing a command to stay the proceedings at law.” The writ enjoined “the justice and constable from proceeding any further in said suit, and suspending all proceedings in relation thereto.” Hancock County, Illinois, Circuit Court officials often...
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50

Procedendo
A writ by which a superior court remits a cause to the inferior court from whence it had come (by habeas corpus, certiorari, etc.), ordering the inferior court to proceed to a final determination after the appellate court has found insufficient grounds for...
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50

Bill of Particulars
“A detailed informal statement of a plaintiff’s cause of action or of a defendant’s set-off.” If a plaintiff makes a general declaration without specifying a cause of action, the judge may stay the proceedings and order the plaintiff to provide such a bill...
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37½

$5,75

May 2d 1844. A Notice was this day served on the
clerk
24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...
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of the Municipal Court, from the Mayors Court, of an appeal having been lodged in this case to the Municipal Court, to be tried at the June Term, & that
supersedeas
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should issue.

May 1844
Subersedeas
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issued delivered to Marshall
J. P. Green [John P. Greene]
3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...
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June 3d 1844.
R. 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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was called three times, but answered not, when the
Respondent
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by counsel
Geo. P. Stiles
18 July 1816–Sept. 1885. Attorney, judge, politician. Born in Watertown, Jefferson Co., New York. Son of John Stiles and Persis Cole. Moved to Le Ray, Jefferson Co., by 1820. Moved to Pamela, Jefferson Co., by 1830. Married first Julian Mackemer, 7 Nov. 1841...
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, motioned that the appeal be dismissed for want of prosecution.

Whereupon the court ordered the motion to be sustained and that precedendo issue to the lower court.

Procedendo issued to the clerk of the Mayors Court June 3d 1844 with
Bill of Particulars
“A detailed informal statement of a plaintiff’s cause of action or of a defendant’s set-off.” If a plaintiff makes a general declaration without specifying a cause of action, the judge may stay the proceedings and order the plaintiff to provide such a bill...
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on the back of the writ. $5.75 for collection

Certification in handwriting of William W. Phelps begins.
Given under my hand and seal of sd court

Willard Richards
24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...
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Handwriting of William W. Phelps ends; John McEwan begins.
Recorder
Handwriting of John McEwan ends; William W. Phelps begins.
and Clerk &c

Nauvoo
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October 16th. 1844 C[opy] [p. [1]]
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Related Case Documents
Editorial Title
Docket Entry, Copy, 16 October 1844 [City of Nauvoo v. R. D. Foster–A]
ID #
4065
Total Pages
1
Print Volume Location
Handwriting on This Page
John McEwan
William W. Phelps
Footnotes
Certification in handwriting of William W. Phelps begins.
Handwriting of John McEwan ends; William W. Phelps begins.