Docket Entry, Dismissal, 22 September 1843 [JS v. Brotherton]

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Introduction to JS v. Brotherton Receipt, 16 October 1841 [JS v. Brotherton] Declaration, circa 3 March 1842 [JS v. Brotherton] Summons, 4 March 1842 [JS v. Brotherton] Notice, circa 8 April 1842 [JS v. Brotherton] Dedimus, 9 April 1842 [JS v. Brotherton] John Taylor, Deposition, 17 May 1842 [JS v. Brotherton] Hyrum Smith, Deposition, 17 May 1842 [JS v. Brotherton] Orson Spencer, Deposition, 17 May 1842 [JS v. Brotherton] Lyman Wight, Deposition, 17 May 1842 [JS v. Brotherton] Henry G. Sherwood, Deposition, 17 May 1842 [JS v. Brotherton] John S. Fullmer, Deposition, 18 May 1842 [JS v. Brotherton] Depositions, 17–18 May 1842 [JS v. Brotherton] Certification, 27 May 1842 [JS v. Brotherton] Plea, circa 20 July 1842 [JS v. Brotherton] Docket Entry, Plea, 21 July 1842 [JS v. Brotherton] Braxton W. Gillock, Deposition, 21 July 1842 [JS v. Brotherton] George Beebe, Deposition, 21 July 1842 [JS v. Brotherton] William Harris, Deposition, 21 July 1842 [JS v. Brotherton] J. J. Johnson, Deposition, 21 July 1842 [JS v. Brotherton] Silas Heaight, Deposition, 21 July 1842 [JS v. Brotherton] Lyman Johnson, Deposition, 21 July 1842 [JS v. Brotherton] Depositions, 21 July 1842 [JS v. Brotherton] Notice, 20 January 1843 [JS v. Brotherton] John C. Bennett, Deposition, 24–25 January 1843 [JS v. Brotherton] Depositions, 25 January 1843 [JS v. Brotherton] Docket Entry, Dismissal, 22 September 1843 [JS v. Brotherton]
Docket Entry, Dismissal, 22 September 1843 [JS v. Brotherton]
Source Note
Docket Entry, Dismissal, [
St. Louis
Located on west side of Mississippi River about fifteen miles south of confluence with Missouri River. Founded as fur-trading post by French settlers, 1764. Incorporated as town, 1809. First Mississippi steamboat docked by town, 1817. Incorporated as city...
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, St. Louis Co., MO], 22 Sept. 1843, JS v. Brotherton (St. Louis Co., MO, Circuit Court 1843); unidentified handwriting; St. Louis County Circuit Court Record, 1843–1844, vol. 14, p. 190, MSA; images at Washington University in St. Louis, University Libraries.
Historical Introduction
See Introduction to JS v. Brotherton.
Page 190
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Joseph Smith)
Trespass
“An unlawful act committed with violence, vi et armis, to the person, property or relative rights of another.” This could include the “carrying away, to the damage of the plaintiff,” of property. The violence may be actual or implied. “Of actual violence,...
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v)

Marshall Brotherton
5 or 6 Feb. 1811–24 Nov. 1875. Farmer, sheriff, justice of the county court, city treasurer, banker. Born in Erie, Erie Co., Pennsylvania. Married first Elizabeth Ferguson, 14 Jan. 1836, in St. Louis. Served as sheriff of St. Louis, by 1840. Married second...
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)

Now at this day comes the
defendant
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by his attorney and the plaintiff although demanded comes not back nor has he prosecuted his suit, It is therefore considered by the court that said plaintiff take nothing by his said suit but that said
defendant
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go thereof
without day
When the court dismisses charges against a person “he is said to go without day; that is, there is no day appointed for him to appear again.”
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and recover of said plaintiff his costs and charges in this behalf expended and have thereof
execution
“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...
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. [p. 190]
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Related Case Documents
JS v. Brotherton, 22 September 1843
Editorial Title
Docket Entry, Dismissal, 22 September 1843 [JS v. Brotherton]
ID #
19633
Total Pages
1
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