The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
Introduction to Sweeney v. Miller et al. Promissory Note, 16 April 1841 [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.]

Scire Facias, 15 August 1842 [Sweeney v. Miller et al.]

Source Note

M. Avise

View Full Bio

on behalf of
Jacob Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

View Full Bio
,
Scire Facias

A writ “founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the advantage of such record.” Examples of its use were to revive a judgment not yet executed, “in order to give an opportunity to the defendant ...

View Glossary
, to
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
Sheriff [
William Backenstos

29 Aug. 1813–11 July 1875. Sheriff, merchant, painter. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Baptized into Lutheran Reformed Church, 31 Oct. 1813, in Lower Paxton. Moved to Hancock Co., Illinois, by...

View Full Bio
],
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...

More Info
, Hancock Co., IL, 15 Aug. 1842, Sweeney v. Miller et al. (Hancock Co., IL, Circuit Court 1842); handwriting of
M. Avise

View Full Bio

; docket by
M. Avise

View Full Bio

, [
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...

More Info
, Hancock Co., IL, 15 Aug. 1842]; notations by
Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

View Full Bio
,
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, IL, 23 Sept. 1842; four pages; microfilm in Circuit Court Case Files, 1830–1900, CHL.

Historical Introduction

See Introduction to Sweeney v. Miller et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Declaration, circa 18 April 1842 [ Sweeney v. Miller et al. ] Declaration, circa 18 April 1842, Copy [ Sweeney v. Miller et al. ] Scire Facias, 15 August 1842 [ Sweeney v. Miller et al. ]

Page [3]

said Circuit Court recovered a judgment against Joseph Smith,
Hiram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
and
Peter Haws

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

View Full Bio
for the sum of Fifty eight Dollars and ninety seven damages and costs of suit as appears to us of Record: which said judgment still remains unsatisfied as we are informed by the said Hugh S. Sweeny—
We therefore command you to make known to the said
George Miller

25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...

View Full Bio
that he be and appear before the Circuit Court of
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
on the first day of the next term thereof to be holden at the Court House in
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...

More Info
on the first Monday of October A. D. 1842 to shew cause if any he have why he should not be made a party Defendant to the Judgment aforesaid and why
Execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

View Glossary
should not issue against him for the amount thereof agreeably to the statute in such case made and provided and further to do and receive what our said court shall then and there consider of him in this behalf— and have you then there this writ and make return thereon in what manner you execute the same
Witness
Jacob C. Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

View Full Bio
Clerk of our said Circuit Court at
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...

More Info
this Fifteenth day of August in the year of our Lord one thousand Eight hundred & forty two
J[acob] C Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

View Full Bio
Clerk By
M Avise

View Full Bio

D. C. [1/3 page blank] [p. [3]]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page [3]

Document Information

Related Case Documents
Editorial Title
Scire Facias, 15 August 1842 [Sweeney v. Miller et al.]
ID #
4302
Total Pages
4
Print Volume Location
Handwriting on This Page
  • Matthias Avise

© 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06