Introduction to Parker v. Foster

Document Transcript

Parker v. Foster
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 25 July 1842
 
Historical Introduction
On 9 February 1842, , Illinois, resident borrowed fifty-five dollars from Samuel Parker, which he promised to repay by 1 June. When Foster failed to pay the debt, Parker initiated an action to recover it, and on 16 July 1842, Foster received a summons to appear in court. The case was scheduled for 21 July, but Foster asked for and was granted a continuance. When the court reconvened on 25 July, JS heard the testimony of the parties and ruled that Foster pay the fifty-five dollars plus interest and court costs.
Though Parker obtained a judgment in his favor, was unable to pay the debt in full. By 21 August 1842, a was able to collect $2.50 by selling a piece of Foster’s property; he noted on the , “no more property found whereon to levy.”
 
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.

Footnotes

  1. 1

    Promissory Note, 9 Feb. 1842 [Parker v. Foster]. Foster possibly entered the debt to help pay for a parcel of Nauvoo property his wife, Sarah Downing, and her sister Thomazine purchased in July 1841. The terms of sale for the property, comprising the south half of lot 3 in block 94 of Nauvoo, required payment of $200 by 1 April 1842. (Trustees Land Book A, Hotchkiss Purchase, block 94, lot 3; Helen Foster Snow, Biographical sketch of Sarah Downing, typescript, FamilySearch, accessed 6 Sept. 2018, https://www.familysearch.org/photos/artifacts/3224283?p=17539675.)  

    Trustees Land Books / Trustee-in-Trust, Church of Jesus Christ of Latter-day Saints. Land Books, 1839–1845. 2 vols. CHL. MS 3437.

    FamilySearch. Compiled by the Church of Jesus Christ of Latter-day Saints. https://familysearch.org.

  2. 2

    Docket Entry, ca. 16 July 1842 [Parker v. Foster]. On continuances, see 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. 405, sec. 8.  

    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.

  3. 3

    Docket Entry, ca. 16 July 1842 [Parker v. Foster]. The docket entry for the case mentions a subpoena for David Brinton, which was not returned. Brinton still attended the hearing, though he was not examined. JS, as mayor of Nauvoo and therefore, according to Nauvoo’s city charter, a justice of the peace, had jurisdiction “to hear and determine” all cases involving debts less than $100. (An Act to Incorporate the City of Nauvoo [16 Dec. 1840], Laws of the State of Illinois [1840–1841], p. 55, sec. 16; 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. 402, sec. 1.)  

    Laws of the State of Illinois, Passed by the Twelfth General Assembly, at Their Session, Began and Held at Springfield, on the Seventh of December, One Thousand Eight Hundred and Forty. Springfield, IL: William Walters, 1841.

    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.

  4. 4

    Docket Entry, ca. 16 July 1842 [Parker v. Foster].