Docket Entry, Motions, 25 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, Motions, 25 October 1844 [City of Nauvoo v. R. D. Foster–A]
Source Note

Docket Entry, Motions, [
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], [25 Oct. 1844], City of Nauvoo v. R. D. Foster–A (Hancock Co., IL, Circuit Court 1845); Hancock County Circuit Court Record, vol. D, p. 202; handwriting 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 City of Nauvoo v. C. L. Higbee et al.
Page 202
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84

Nauvoo City
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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)

vs)

Robert 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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)

This day came the parties by their attorneys and the court after hearing the arguments of counsel upon the
plaintiff
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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s motion entered herein heretofore to quash the writ of
Certiorari
A writ from a superior court commanding a lower court to certify the record in a particular case in order for the superior court to review the proceedings.
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herein.

Thereupon the
defendant
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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by his
attorney
21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...
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entered his cross motion. to dismiss this suit for want of Jurisdiction of the court below [p. 202]
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Source Note
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Page 202
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Editorial Title
Docket Entry, Motions, 25 October 1844 [City of Nauvoo v. R. D. Foster–A]
ID #
4266
Total Pages
1
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Handwriting on This Page
David E. Head