Pleas, circa 27 May 1844 [C. A. Foster v. JS and Coolidge]

  • Source Note
  • Historical Introduction
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whareuppon the said called uppon Marshall of said to Execute said order of said Mayor aforesaid whareuppon said Marshall aforesaid called uppon the [?] by virtue of his office in the name of the people under the Ordinance of the aforesaid to assist him in the arrest of said and said did then and there &c refuse to obey and this the defendants are ready to verify
<​3​> and for a further actio non because they say that at the time when &c one then and there being Marshall of the city of at and within said had a Warant issued by the said Joseph Smith then and there being Mayor of said commandig the arest of one then and there the said as Marshall aforesaid did proceed to arrest said by virtue and according and to said Warrant whareuppon the and divers[e] other person interfered and by threats and resistance voilence resisted the said in the arrest of said whareuppon the said having afterwards &c to wit &c arrested the said and while indevoring to [bring?] him before the said Joseph Smith Mayor of said the together with other persons followed in a tumultios maner while with threats &c the said Marshall as aforesaid to the office of the said Smith Mayor as aforesaid whareuppon the said Joseph Smith then and [p. [2]]
whareuppon the said called uppon Marshall of said to Execute said order of said Mayor aforesaid whareuppon said Marshall aforesaid called uppon the [] by virtue of his office in the name of the people under the Ordinance of the aforesaid to assist him in the arrest of said and said did then and there &c refuse to obey and this the defendants are ready to verify
3 and for a further actio non because they say that at the time when &c one then and there being Marshall of the city of at and within said had a Warant issued by the said Joseph Smith then and there being Mayor of said commandig the arest of one then and there the said as Marshall aforesaid did proceed to arrest said by virtue and according to said Warrant whareuppon the and diverse other person interfered and by threats and voilence resisted the said in the arrest of said whareuppon the said having afterwards &c to wit &c arrested the said and while indevoring to [bring] him before the said Joseph Smith Mayor of said the together with other persons followed in a tumultios maner with threats &c the said Marshall as aforesaid to the office of the said Smith Mayor as aforesaid whareuppon the said Joseph Smith then and [p. [2]]
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