Capias ad Respondendum, 30 November 1840 [Miller et al. v. B. Holladay and W. Holladay]

Source Note

S. Otho Williams,
Capias ad Respondendum
Latin for “that you take until answer”; a writ commanding an officer to arrest a defendant to answer the plaintiff’s plea. A defendant arrested on this writ was committed to prison unless a bail bond was given. The amount of bail would be endorsed on the ...
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, 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 ...
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Sheriff [
William D. Abernethy
8 Apr. 1801–3 July 1850. Postmaster, storekeeper, sheriff, farmer. Born in Harwinton, Litchfield Co., Connecticut. Son of William Conant Abernethy and Azubah Dexter. Moved with family to Jacksonville, Morgan Co., Illinois. Cofounded Augusta, Hancock Co., ...
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], for Benjamin Holladay and William Holladay,
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...
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, Hancock Co., IL, 30 Nov. 1840, Miller et al. v. B. Holladay and W. Holladay (Hancock Co., IL, Circuit Court 1841); printed form with manuscript additions in handwriting of S. Otho Williams; docket printed with manuscript additions by S. Otho Williams, [
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, [30 Nov. 1840]; notations printed with manuscript additions by
William D. Abernethy
8 Apr. 1801–3 July 1850. Postmaster, storekeeper, sheriff, farmer. Born in Harwinton, Litchfield Co., Connecticut. Son of William Conant Abernethy and Azubah Dexter. Moved with family to Jacksonville, Morgan Co., Illinois. Cofounded Augusta, Hancock Co., ...
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, 30 Nov. 1840; two pages; microfilm in Circuit Court case files, 1830–1900, CHL. Includes seal.
Historical Introduction

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

Document Transcript

SUMMONS in .

STATE OF ILLINOIS,)	Sct.
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 ,)

The People of the State of , To the of said , greeting:

We Command you to Summon take Benjamin Holladay & William Holladay and them safely Keep so that you may have them if to be found in your , to appear before the Circuit Court of said County of , on the first day of the next term thereof, to be holden at the Court House, in , on the fourth Monday in the month of April AD 1841 to answer the complaint of Joseph Smith Jr and of a plea of on Premises, to their damage, the sum of two thousand—— Dollars, as they says. And have you then there this writ, and make return thereon in what manner you execute the same.

[seal]

Witness, , <S Otho Williams> Clerk of our said Circuit Court, at , this Thirtieth day of November in the year of our Lord one thousand eight hundred and forty

S Otho Williams Clerk.

C. M. WOODS, PRINT. , ILLS. [p. [1]]

3d Day. No. [blank]

Joseph Smith & others
vs.)	In Assumpsit <Case>.
Benjamin Holladay & Wm Holladay

SUMMONS.

In the Circuit Court, Ills. To April Term, A. D. 1841

I cannot, in my , find the within named [blank]

Sheriff, Ill.

I have served the within Summons by reading the same to the within named taking the bodies of the within named Benjamin Holladay & William Holladay and have them ready to answer according to law Nov 30th 1841

Sheriff, Ill.

The Bail Bond being herewith filed

SHERIFF’S FEES:—

Serving 2 Summons,	$1.—
Returning Summons,	—.12½
36 Miles Travel,	2.25
Taking Bond	50
Total Amount,	$3.87½

Sheriff Ill. [p. [2]]

Footnotes

1
TEXT: A note is printed in the left margin of the document: “Writs shall run, &c. State Const. art. 4, § 7; Breese 133”.
2
TEXT: A note is printed in the left margin of the document: “Be directed, &c. Rev. Laws, p 486 To Coroner, 578, To Elisor, 579.”
3
TEXT: A note is printed in the left margin of the document: “to other counties when, 145, 497.”
4
TEXT: A note is printed in the left margin of the document: “Made returnable 158, 487, § 1. Laws ’38–9 p 278, ’36–7, p 112 § 5”.
5
TEXT: A note is printed in the left margin of the document: “Archbold’s Appendix, p. 26.”
6
TEXT: A note is printed in the left margin of the document: “Of Service & Return: R. L. 155 § 30, 487, § 2. R. L. 387. Breese, p. 168, 292.”
7
TEXT: A note is printed in the left margin of the document: “Tested L. ’36–7 p. 178–9. Sealed Dated, & Signed, R. L. 158, 486.”
Docket printed with manuscript additions in handwriting of S. Otho Williams.
Notations printed with manuscript additions in handwriting of William D. Abernethy.

Capias ad Respondendum, 30 November 1840 [Miller et al. v. B. Holladay and W. Holladay]

Document Transcript

Footnotes

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