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Introduction to City of Nauvoo v. Withers

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Introduction to City of Nauvoo v. Withers Complaint, 9 February 1844 [City of Nauvoo v. Withers]

Introduction to City of Nauvoo v. Withers

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City of Nauvoo v. Withers
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 9 February 1844
 
Historical Introduction
On 9 February 1844, filed a complaint before JS claiming that had insulted him and attempted to shoot him. The nature of their dispute is unknown. Although no docket entry for this case has been located, , clerk of the , Illinois, mayor’s court, referred to the case in JS’s journal as “Nauvoo vs .— for assau[l]t,” indicating that the case was prosecuted under city ordinances.
noted that JS heard the case in his dining room on 9 February, but that the “su[i]t withdraws.” The following day, the “suit abated parties sttld [settled].” No further legal action was taken.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 

1844 (1)

February (1)

9 February 1844

Jacob Shumaker, Complaint, before JS, Nauvoo, Hancock Co., IL

  • 9 Feb. 1844; Nauvoo, IL Records, CHL; handwriting of Willard Richards; signature of Jacob Shumaker; certified by Willard Richards; docket in handwriting of Thomas Bullock.
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Editorial Title
Introduction to City of Nauvoo v. Withers
ID #
14504
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. Complaint, 9 Feb. 1844 [City of Nauvoo v. Withers].

    2. JS, Journal, 9 Feb. 1844. Although Illinois law gave JS as a justice of the peace jurisdiction over assault, he presumably charged Withers under a January 1843 Nauvoo ordinance that prohibited assault and provided for a fine between three and one hundred dollars or imprisonment up to six months. The same ordinance banned “abusive, indecent, or threatening words” as a disturbance of the peace, with conviction bringing a fine up to twenty dollars. (An Act to Extend the Jurisdiction of Justices of the Peace [29 Dec. 1826], Public and General Statute Laws of the State of Illinois, p. 415, sec. 1; Ordinances, 30 Jan. 1843.)

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    3. JS, Journal, 9–10 Feb. 1844. Draft notes for JS’s manuscript history indicate that the case was “withdrawn on [JS’s] recommendation.” (History Draft [1 Jan.–21 June 1844], 9 Feb. 1844.)