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Introduction to Butterfield v. Mills

Butterfield v. Mills
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 17 August 1843
Hancock Co., Illinois, Circuit Court, 17 October 1843
 
Historical Introduction
In August 1843, commenced an against before JS, sitting as a justice of the peace in the mayor’s court of , Illinois, for borrowed money and unpaid rent plus interest, totaling $32.50. This suit is notable as being one of the few cases brought before JS by a female plaintiff. Because Butterfield was married at the time of the suit, the instigation of this suit without her husband was a technical violation of the common-law doctrine of . Mills was summoned to appear before the court on 14 August 1843, but the case was continued until 17 August. When the court reconvened, Butterfield provided a statement of the debt Mills owed to her. Mills pleaded for unidentified reasons, possibly challenging the legitimacy of the evidence Butterfield had provided or objecting to the evident violation of coverture norms. JS rejected Mills’s plea and ruled in favor of Butterfield.
appealed JS’s decision, on unspecified grounds, to the Circuit Court for the October 1843 term. Presumably the parties made some kind of settlement before the appeal could be heard because on 17 October, motioned for a dismissal, which was granted, and the court assessed costs of the proceedings to her. She had not paid the court costs over a year later. On 15 March 1845, former Hancock County sheriff requested that a fee bill be issued to allow the current sheriff, , to collect money owed for services relating to the case. Deming sold land owned by Butterfield in Kimball’s Addition to to Backenstos for $4.79. The sale covered Backenstos’s and Deming’s fees as sheriffs, but not the $6.06¼ costs assessed to Mills. It is unknown if Butterfield satisfied the balance of the costs.
 
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.
Butterfield v. Mills
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 17 August 1843
Hancock Co., Illinois, Circuit Court, 17 October 1843
 
Historical Introduction
In August 1843, commenced an against before JS, sitting as a justice of the peace in the mayor’s court of , Illinois, for borrowed money and unpaid rent plus interest, totaling $32.50. This suit is notable as being one of the few cases brought before JS by a female plaintiff. Because Butterfield was married at the time of the suit, the instigation of this suit without her husband was a technical violation of the common-law doctrine of . Mills was summoned to appear before the court on 14 August 1843, but the case was continued until 17 August. When the court reconvened, Butterfield provided a statement of the debt Mills owed to her. Mills pleaded for unidentified reasons, possibly challenging the legitimacy of the evidence Butterfield had provided or objecting to the evident violation of coverture norms. JS rejected Mills’s plea and ruled in favor of Butterfield.
appealed JS’s decision, on unspecified grounds, to the Circuit Court for the October 1843 term. Presumably the parties made some kind of settlement before the appeal could be heard because on 17 October, motioned for a dismissal, which was granted, and the court assessed costs of the proceedings to her. She had not paid the court costs over a year later. On 15 March 1845, former Hancock County sheriff requested that a fee bill be issued to allow the current sheriff, , to collect money owed for services relating to the case. Deming sold land owned by Butterfield in Kimball’s Addition to to Backenstos for $4.79. The sale covered Backenstos’s and Deming’s fees as sheriffs, but not the $6.06¼ costs assessed to Mills. It is unknown if Butterfield satisfied the balance of the costs.
 
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.
 
Nauvoo, Hancock Co., Illinois, Mayor’s Court
  • 1843 (3)
    • August (3)
      8 August 1843

      Summons, Nauvoo, Hancock Co., IL

      Ca. 17 August 1843

      Margaret Major Butterfield, Statement of Account, Hancock Co., IL, for Alexander Mills

      • Ca. 17 Aug. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,364 at FHL; unidentified handwriting ; docket in unidentified handwriting; notation in handwriting of David E. Head.
      8–ca. 17 August 1843

      Docket Entry, Nauvoo, Hancock Co., IL

      • 8–ca. 17 Aug. 1843. Not extant.
      • 5 Sept. 1843; photocopy in Historical Department, Materials Received from Mark W. Hofmann, CHL; handwriting of William W. Phelps. QUESTIONED AUTHENTICITY.
 
Hancock Co., Illinois, Circuit Court
  • 1843 (4)
    • August (1)
      8–ca. 17 August 1843

      Docket Entry, Copy, Nauvoo, Hancock Co., IL

      • 5 Sept. 1843; photocopy in Historical Department, Materials Received from Mark W. Hofmann, CHL; handwriting of William W. Phelps. QUESTIONED AUTHENTICITY.
    • September (2)
      6 September 1843

      Bond, Nauvoo, Hancock Co., IL

      • 6 Sept. 1843; private possession; unidentified handwriting.
      7 September 1843

      Jacob B. Backenstos, Injunction, Carthage, Hancock Co., IL, to JS as Justice of the Peace, Nauvoo, Hancock Co., IL

      • 7 Sept. 1843; private possession; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notations printed with manuscript additions in handwriting of William Backenstos; notation in handwriting of Jacob B. Backenstos.
    • October (1)
      17 October 1843

      Docket Entry, Dismissal, Carthage, Hancock Co, IL

      • 17 Oct. 1843; Hancock County Circuit Court Record, vol. D, p. 18, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
  • 1845 (4)