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Introduction to Sweeney v. Miller et al.

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Introduction to Sweeney v. Miller et al. Promissory Note, 16 April 1841 [Sweeney v. Miller et al.] Promissory Note, 16 April 1841, Guy C. Sampson Copy [Sweeney v. Miller et al.] Praecipe, 7 April 1842 [Sweeney v. Miller et al.] Recognizance, 7 April 1842 [Sweeney v. Miller et al.] Declaration, circa 18 April 1842 [Sweeney v. Miller et al.] Declaration, circa 18 April 1842, Copy [Sweeney v. Miller et al.] Docket Entry, Judgment, 5 May 1842 [Sweeney v. Miller et al.] Scire Facias, 15 August 1842 [Sweeney v. Miller et al.] Docket Entry, Scire Facias, between 16 August and circa 27 September 1842 [Sweeney v. Miller et al.] Docket Entry, Pleas, 3 October 1842 [Sweeney v. Miller et al.] Docket Entry, Replication, 4 October 1842 [Sweeney v. Miller et al.] Docket Entry, Execution, 5 October 1842 [Sweeney v. Miller et al.] Docket Entry, circa 5 October 1842 [Sweeney v. Miller et al.] Docket Entry, Alias Fieri Facias, circa 23 April 1843 [Sweeney v. Miller et al.] Fee Bill, circa April 1843 [Sweeney v. Miller et al.] Praecipe, 15 January 1844 [Sweeney v. Miller et al.] Docket Entry, Pluries Fieri Facias, between 3 April and circa 4 May 1844 [Sweeney v. Miller et al.] Docket Entry, Fee Bill, between 17 April and 16 July 1845 [Sweeney v. Miller et al.] Assignment of Judgment, 14 August 1845 [Sweeney v. Miller et al.] Receipt, 12 November 1845 [Sweeney v. Miller et al.] Praecipe, 28 November 1845 [Sweeney v. Miller et al.] Docket Entry, Venditioni Exponas, between 16 December 1845 and circa 11 March 1846 [Sweeney v. Miller et al.] Assignment of Judgment, 4 April 1846 [Sweeney v. Miller et al.] Certificate, 4 May 1846 [Sweeney v. Miller et al.] Certificate, 4 May 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption [Sweeney v. Miller et al.] Fee Bill, circa May 1846 [Sweeney v. Miller et al.] Deed, 5 August 1847 [Sweeney v. Miller et al.]

Introduction to Sweeney v. Miller et al.

Page

Sweeney v. Miller, JS, H. Smith, and Haws
Hancock Co., Illinois, Circuit Court, 5 May 1842
 
Historical Introduction
On 7 April 1842, Hugh J. Sweeney, by his attorney Guy C. Sampson, commenced a civil suit against , JS, , and in the circuit court of , Illinois, for nonpayment of a debt. In September 1840, JS and the other men had purchased from the government the steamboat Des Moines, which they renamed Nauvoo. In fall 1840, the steamboat ran aground and was severely damaged. JS and his partners contracted with Sweeney in November 1840 to provide unknown goods or services in relation to the steamboat. On 16 April 1841, Haws, who was noted as “master” of the boat, signed a promissory note in , Missouri, promising to pay Sweeney fifty-six dollars “for value rec[eive]d by Steam Boat Navoo,” payable in sixty days. The note named Miller, JS, and Hyrum Smith, likely in relation to the 1840 debt, though they may also have been listed as sureties on the note.
A year after signed the note, it remained unpaid. Sweeney initiated the suit on 7 April 1842 in the Circuit Court as an action, claiming $150 in damages. Sampson also filed a with the court binding himself, on Sweeney’s behalf, to cover the costs that would accrue in the case. The court issued a summons for the defendants, instructing them to appear at the courthouse in , Illinois, for the trial at the May 1842 term. On 19 April, Sampson filed a summarizing the debt. This included the promissory note Haws signed, its conditions, and the failure of the defendants to pay. When the case came before the court on 5 May 1842, the defendants were not present. Upon their default, the court entered judgment in favor of Sweeney and awarded him $58.97 in damages plus court costs. In August 1845, after three years of unsuccessful attempts to collect the judgment, Sampson, on behalf of Sweeney, assigned it to for $50. In April 1846, Backenstos assigned the judgment to church trustees , , and . The judgment was finally paid in May 1846 when land owned by Haws was auctioned and sold.
 
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.
 

1841 (1)

April (1)

16 April 1841

Peter Haws on behalf of George Miller and Others (Including JS), Promissory Note, St. Louis, St. Louis Co., MO, to Hugh J. Sweeney

 
Hancock Co., Illinois, Circuit Court

1842 (14)

April (4)

7 April 1842

Guy C. Sampson on behalf of Hugh J. Sweeney, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • 7 Apr. 1842; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Guy C. Sampson; docket and notation in handwriting of Jacob Davis.
7 April 1842

Guy C. Sampson, Recognizance, Hancock Co., IL

  • 7 Apr. 1842; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Guy C. Sampson; docket and notation in handwriting of Jacob Davis.
Ca. 7 April 1842

Jacob Davis, Summons, to Hancock Co. Sheriff, for George Miller and Others, Carthage, Hancock Co., IL

Ca. 18 April 1842

Guy C. Sampson on behalf of Hugh J. Sweeney, Declaration, Hancock Co., IL

May (1)

5 May 1842

Docket Entry, Judgment, Carthage, Hancock Co., IL

  • 5 May 1842; Hancock County Circuit Court Record, vol. C, p. 262, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

August (1)

15 August 1842

M. Avise on behalf of Jacob Davis, Scire Facias, to Hancock Co. Sheriff, Carthage, Hancock Co., IL

  • 15 Aug. 1842; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of M. Avise; docket in handwriting of M. Avise; notations in handwriting of Jacob B. Backenstos.
  • Ca. 23 Sept. 1842. Not extant.

September (1)

Between 16 August and ca. 27 September 1842

Docket Entry, Scire Facias, Carthage, Hancock Co., IL

  • Between 16 Aug. and ca. 27 Sept. 1842; Hancock County Circuit Court, Execution Docket, vol. B, p. [12], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of unidentified scribe and M. Avise.

October (7)

Ca. 2 October 1842

George Miller, Pleas, Hancock Co., IL

3 October 1842

Docket Entry, Pleas, Carthage, Hancock Co., IL

  • 3 Oct. 1842; Hancock County Circuit Court Record, vol. C, p. 325, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of S. Otho Williams.
Ca. 3 October 1842

Guy C. Sampson on behalf of Hugh J. Sweeney, Replication, Hancock Co., IL

4 October 1842

Docket Entry, Replication, Carthage, Hancock Co., IL

  • 4 Oct. 1842; Hancock County Circuit Court Record, vol. C, p. 339, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of S. Otho Williams.
5 October 1842

Docket Entry, Execution, Carthage, Hancock Co., IL

  • 5 Oct. 1842; Hancock County Circuit Court Record, vol. C, p. 348, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of S. Otho Williams.
5 October 1842

Execution, Carthage, Hancock Co., IL

Ca. 5 October 1842

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 5 Oct. 1842; Hancock County Circuit Court, Judgment Docket, Oct. 1841–Oct. 1842, p. [77], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.

1843 (4)

January (1)

23 January 1843

Alias Fieri Facias, to Hancock Co. Sheriff, Carthage, Hancock Co., IL

April (3)

Ca. 23 April 1843

Docket Entry, Alias Fieri Facias, Carthage, Hancock Co., IL

  • Ca. 23 Apr. 1843; Hancock County Circuit Court, Execution Docket, vol. B, p. [53], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of M. Avise and David E. Head.
Ca. April 1843

Fee Bill, Carthage, Hancock Co., IL

  • Ca. Apr. 1843; Hancock County Circuit Court, Fee Book F, p. 93, Hancock County Courthouse, Carthage, IL; handwriting of unidentified scribes and Matthias Avise.
Between 5 May 1842 and ca. April 1843

Bill of Costs, Carthage, Hancock Co., IL

1844 (3)

January (1)

15 January 1844

Guy C. Sampson on behalf of Hugh J. Sweeney, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • 15 Jan. 1844; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Guy C. Sampson; docket and notation in handwriting of Jacob B. Backenstos; notation probably in handwriting of David E. Head.

February (1)

5 February 1844

Pluries Fieri Facias, to Hancock Co. Sheriff, Carthage, Hancock Co., IL

May (1)

Between 3 April and ca. 4 May 1844

Docket Entry, Pluries Fieri Facias, Carthage, Hancock Co., IL

  • Between 3 Apr. and ca. 4 May 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [112], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.

1845 (6)

April (1)

17 April 1845

Fee Bill, Carthage, Hancock Co., IL

July (1)

Between 17 April and 16 July 1845

Docket Entry, Fee Bill, Carthage, Hancock Co., IL

  • Between 17 Apr. and 16 July 1845; Hancock County Circuit Court, Execution Docket, vol. B, p. [255], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head.

August (1)

14 August 1845

Guy C. Sampson, Assignment of Judgment, to William Backenstos, Richmond, Chittenden Co., VT

  • 14 Aug. 1845; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Guy C. Sampson; docket in unidentified handwriting; notation in handwriting of David E. Head.

November (2)

12 November 1845

William M. King Jr. on behalf of Guy C. Sampson, Receipt, Plymouth, Hancock Co., IL, to William Backenstos

  • 12 Nov. 1845; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Guy C. Sampson; signature of William M. King Jr.; notation in unidentified handwriting; docket probably in handwriting of David E. Head; notation in handwriting of David E. Head.
28 November 1845

William Backenstos, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • 28 Nov. 1845; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of William Backenstos; docket and notations in handwriting of David E. Head.

December (1)

11 December 1845

Venditioni Exponas, Carthage, Hancock Co., IL

1846 (4)

March (1)

Between 16 December 1845 and ca. 11 March 1846

Docket Entry, Venditioni Exponas, Carthage, Hancock Co., IL

  • Between 16 Dec. 1845 and ca. 11 Mar. 1846; Hancock County Circuit Court, Execution Docket, vol. C, p. [8], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.

April (1)

4 April 1846

William Backenstos, Assignment of Judgment, to Almon Babbitt and Others, Hancock Co., IL

  • 4 Apr. 1846; microfilm in Circuit Court Case Files, 1830–1900, CHL; unidentified handwriting; signatures of William Backenstos, James Whitehead, and John McEwan; docket in unidentified handwriting; docket in second unidentified handwriting; notation in handwriting of David E. Head.

May (2)

4 May 1846

Jacob B. Backenstos, Certificate, Hancock Co., IL

  • 4 May 1846. Not extant.
  • 4 May 1846; microfilm 4,661,986 at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in unidentified handwriting; notation in handwriting of A. W. Blakesley; notation presumably in handwriting of Melgar Couchman.
  • Ca. 5 Aug. 1847; Hancock County Sheriff, Old Certificates of Purchase, Levy, and Redemption, p. 257, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Melancton S. Carey.
Ca. May 1846

Fee Bill, Carthage, Hancock Co., IL

  • Ca. May 1846; Hancock County Circuit Court, Fee Book F, p. 240, Hancock County Courthouse, Carthage, IL; handwriting of Matthias Avise.

1847 (1)

August (1)

5 August 1847

Melgar Couchman, Deed for Property in Hancock Co., IL, to John Green

  • 5 Aug. 1847. Not extant.
  • 5 Aug. 1847; Hancock County Deed Record, 1817–1917, vol. S, p. 470; microfilm at FHL; unidentified handwriting.
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Editorial Title
Introduction to Sweeney v. Miller et al.
ID #
18696
Total Pages
1
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    Footnotes

    1. [1]

      The identity of Sweeney is uncertain. A promissory note between Sweeney and JS and his partners was created in St. Louis, Missouri, but no Hugh Sweeney was listed in the 1840 city directory for St. Louis. The 1842 St. Louis directory listed a “Hugh Sweeny” as a stonemason. In 1853, “Hugh J. Sweeney” and others formed the Peoria, Illinois, Gas Light and Coke Co. (Saint Louis Directory, for the Year 1842, 130; An Act to Incorporate the Peoria Gas Light and Coke Co. [12 Feb. 1853], in General Laws of the State of Illinois [1853], pp. 516–517, sec. 1.)

      The Saint Louis Directory, for the Year 1842; Containing the Names of the Inhabitants, and the Numbers of Their Places of Business and Dwellings; with a Sketch of the City of Saint Louis. . . . St. Louis: Chambers & Knapp, 1842.

      General Laws of the State of Illinois, Passed by the Eighteenth General Assembly, Convened January 3, 1853. Springfield: Lanphier and Walker, 1853.

    2. [2]

      See Introduction to Miller et al. v. B. Holladay and W. Holladay.

    3. [3]

      Promissory Note, 16 Apr. 1841 [Sweeney v. Miller et al.]; Declaration, ca. 18 Apr. 1842 [Sweeney v. Miller et al.].

    4. [4]

      Praecipe, 7 Apr. 1842 [Sweeney v. Miller et al.]. Although the delinquent promissory note was for $56, Sweeney’s declaration claimed damages of $150. A contemporary legal commentary suggested that plaintiffs ask for “any sum sufficient to cover the real demand.” (Swan, Practice in Civil Actions and Proceedings at Law in Ohio, 1:216.)

      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.

    5. [5]

      Recognizance, 7 Apr. 1842 [Sweeney v. Miller et al.].

    6. [6]

      The summons is apparently not extant. (See Declaration, ca. 18 Apr. 1842 [Sweeney v. Miller et al.].)

    7. [7]

      Declaration, ca. 18 Apr. 1842 [Sweeney v. Miller et al.].

    8. [8]

      The sheriff had served the summons on JS, Hyrum Smith, and Haws, but he could not find Miller. It is unknown why the three men failed to appear in court. As Miller had evidently not received notice to appear for the trial, the court issued a writ of scire facias, which required him to appear before the court to show cause why he should not be made a party to the judgment. Miller was served with the writ on 23 September. At the October term of court he filed two pleas, which are not extant. Sweeney responded to these pleas and the court then ruled in Sweeney’s favor. Sweeney’s replication is not extant. (Docket Entry, Judgment, 5 May 1842 [Sweeney v. Miller et al.]; JS, Journal, 5 May 1842; Minutes, 5 May 1842, Nauvoo Masonic Lodge Minutes, 1841–1842, CHL; Scire Facias, 15 Aug. 1842 [Sweeney v. Miller et al.]; Docket Entry, Pleas, 3 Oct. 1842 [Sweeney v. Miller et al.]; Docket Entry, Replication, 4 Oct. 1842 [Sweeney v. Miller et al.]; Docket Entry, Execution, 5 Oct. 1842 [Sweeney v. Miller et al.]; see also An Act concerning Practice in Courts of Law [29 Jan. 1827], Public and General Statute Laws of the State of Illinois [1839], pp. 529–530, sec. 4.)

      Nauvoo Masonic Lodge Minutes, 1841–1842. CHL. MS 9115.

      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.

    9. [9]

      Docket Entry, Judgment, 5 May 1842 [Sweeney v. Miller et al.]. The difference between the $58.97 in damages awarded and the original debt of $56 likely represented 6 percent interest over 10½ months.

    10. [10]

      Docket Entry, Alias Fieri Facias, ca. 23 Apr. 1843 [Sweeney v. Miller et al.]; Docket Entry, Pluries Fieri Facias, between 3 Apr. and ca. 4 May 1844 [Sweeney v. Miller et al.]; Docket Entry, Fee Bill, between 17 Apr. and 16 July 1845 [Sweeney v. Miller et al.]; Assignment of Judgment, 14 Aug. 1845 [Sweeney v. Miller et al.].

    11. [11]

      Assignment of Judgment, 4 Apr. 1846 [Sweeney v. Miller et al.].

    12. [12]

      The southeast quarter of Section 9, Township 6 North, Range 8 West, which had belonged to Haws in 1843, was sold to Babbitt, Heywood, and Fullmer. The trustees turned the land over to John Green, who received a deed for the land in August 1847. (Certificate, 4 May 1846 [Sweeney v. Miller et al.]; Deed, 5 Aug. 1847 [Sweeney v. Miller et al.]; Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 7–8, 6 Nov. 1843, microfilm 954,600, U.S. and Canada Record Collection, FHL; see also An Act concerning Judgments and Executions [17 Jan. 1825], Public and General Statute Laws of the State of Illinois [1839], p. 389, sec. 1.)

      U.S. and Canada Record Collection. FHL.

      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.