Introduction to M. F. Thompson v. F. Dixon and E. Dixon

As a widow, Thompson was not bound by legal practice at the time that did not allow married women to bring actions in their own name. It is possible the Dixons owed her for lodging. Before the death of her husband, Robert, in 1841, Thompson rented to boarders to help pay family expenses. (See Swan, Practice in Civil Actions, 1:53; Stephen, Treatise on the Principles of Pleading in Civil Actions, 152; and Thompson, Autobiographical Sketch, 6.)  

Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

Stephen, Henry John, and Francis J. Troubat. A Treatise on the Principles of Pleading in Civil Actions; Comprising a Summary View of the Whole Proceedings in a Suit at Law. 2nd American ed. Philadelphia: Robert H. Small, 1831.

Thompson, Mercy Rachel Fielding. Autobiographical Sketch, 1880. CHL. MS 4580.

The Nauvoo charter provided that the mayor “shall have all the powers of Justices of the Peace therein, both in civil and criminal cases.” (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)  

Illinois law authorized plaintiffs to state, under oath, the danger of losing a debt and the cause of that danger. If the justice found reason to accept the claim, then a writ of capias ad respondendum would be issued for the defendant’s arrest. (An Act concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 403, sec. 4.)  

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.

Docket Entry, 1–ca. 6 Apr. 1843 [M. F. Thompson v. F. Dixon and E. Dixon]; Summons, 26 Apr. 1843 [M. F. Thompson v. F. Dixon and E. Dixon].  

Agreement, 10 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon].  

Docket Entry, Dismissal, 17 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon]. The costs of the initial suit were $8.75. The costs for the appeal were approximately $25.57. Hancock County sheriff William Backenstos reported in December 1843 that the Dixons had paid the costs of the appeal, while Thompson had not yet paid the costs of the initial suit. (Docket Entry, ca. 17 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon]; Docket Entry, Fieri Facias, between 18 Sept. and ca. 17 Dec. 1843 [M. F. Thompson v. F. Dixon and E. Dixon].)