Docket Entry, Demurrer Sustained and Overruled, 20 October 1845 [JS et al. v. C. B. Street and M. B. Street]

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Introduction to JS et al. v. C. B. Street and M. B. Street Promissory Note from Charles B. Street and Marvin B. Street, 17 February 1841 Statement of Account from C. B. & M. B. Street, 26 February–July 1841 Praecipe, 7 February 1844 [JS et al. v. C. B. Street and M. B. Street] Summons, 14 February 1844 [JS et al. v. C. B. Street and M. B. Street] Praecipe, 3 May 1844 [JS et al. v. C. B. Street and M. B. Street] Subpoena, 3 May 1844 [JS et al. v. C. B. Street and M. B. Street] Declaration, circa 7 May 1844 [JS et al. v. C. B. Street and M. B. Street] Praecipe, circa 13 May 1844 [JS et al. v. C. B. Street and M. B. Street] Subpoena, 14 May 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Order to Plead, 20 May 1844 [JS et al. v. C. B. Street and M. B. Street] Pleas and Account, circa 23 May 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Pleas, 24 May 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Continuance, 25 May 1844 [JS et al. v. C. B. Street and M. B. Street] Demurrer, circa 29 May 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Demurrer, 30 May 1844 [JS et al. v. C. B. Street and M. B. Street] Praecipe, circa 15 October 1844 [JS et al. v. C. B. Street and M. B. Street] Subpoena, 16 October 1844 [JS et al. v. C. B. Street and M. B. Street] Praecipe, circa 17 October 1844 [JS et al. v. C. B. Street and M. B. Street] Subpoena, 18 October 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Notification of Death, 21 October 1844 [JS et al. v. C. B. Street and M. B. Street] Subpoena, 24 October 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Sustained Demurrer, 30 October 1844 [JS et al. v. C. B. Street and M. B. Street] Amended Pleas, circa 30 October 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Pleas, 31 October 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Motions, 1 November 1844 [JS et al. v. C. B. Street and M. B. Street] Demurrer, circa 18 May 1845 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Demurrer, 19 May 1845 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Demurrer Sustained and Overruled, 20 October 1845 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Demurrer Sustained and Leave to Amend, 21 October 1845 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Continuance, 22 May 1846 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Dismissal, 22 May 1846 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, circa 22 May 1846 [JS et al. v. C. B. Street and M. B. Street] Case File Wrapper, circa May 1846 [JS et al. v. C. B. Street and M. B. Street]
Docket Entry, Demurrer Sustained and Overruled, 20 October 1845 [JS et al. v. C. B. Street and M. B. Street]
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Docket Entry, Demurrer Sustained and Overruled, [
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, 20 Oct. 1845], JS et al. v. C. B. Street and M. B. Street (Hancock Co., IL, Circuit Court 1846); Hancock County Circuit Court Record, vol. D, p. 318; handwriting probably 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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; Hancock County Courthouse, Carthage, IL; microfilm at FHL.

Historical Introduction
See Introduction to JS et al. v. C. B. Street and M. B. Street.
Page 318
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13.

Joseph Smith & als)

vs)
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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Charles B Street & als)

This day Came the parties by their attornies, and the Court after hearing the arguments of Counsel upon the Plaintiffs
Demurrer
English common law courts developed a complex process of pleading in civil suits that required the parties to file a series of legal documents, or pleadings, in order to define the dispute precisely. Courts in England’s American colonies and, later, in the...
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to the Defendants pleas <2, 3, 4 & 5.> and due Consideration being had thereon. it is ordered that Said Demurrer be Sustained as to pleas 2 & 3. & overruled as to pleas No 4 & 5. [p. 318]
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Docket Entry, Demurrer Sustained and Overruled, 20 October 1845 [JS et al. v. C. B. Street and M. B. Street]
ID #
4396
Total Pages
1
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David E. Head