Introduction to Niswanger v. Wight and Jett
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1842 (1)
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April (1)
- 5 April 1842
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Lyman Wight and Hamilton Jett, Promissory Note, Nauvoo, Hancock Co., IL, to William Niswanger
- 5 Apr. 1842; Hancock County Courthouse, Carthage, IL; microfilm 4,661,986 at FHL; handwriting of James Sloan; signatures of Lyman Wight and presumably Hamilton Jett; docket in unidentified handwriting; notations in unidentified handwriting; notation in handwriting of Jacob B. Backenstos.
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April (1)
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1843 (6)
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September (6)
- Ca. 17 September 1843
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Hamilton Jett, Affidavit, before Robert D. Foster, Nauvoo, Hancock Co., IL
- Ca. 17 Sept. 1843. Not extant.
- 18 September 1843
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Isaac Higbee, Subpoena, to Any Hancock Co. Constable, for JS and Others, Nauvoo, Hancock Co., IL
- 18 Sept. 1843; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of George Stiles; signature of Isaac Higbee; notation in handwriting of Joel Miles; notation in handwriting of Jacob B. Backenstos.
- 19 September 1843
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Isaac Higbee, Venire Facias, to Any Hancock Co. Constable, Nauvoo, Hancock Co., IL
- 19 Sept. 1843; private possession; handwriting of Isaac Higbee; notation in handwriting of Jacob B. Backenstos; docket in handwriting of David E. Head.
- 19 September 1843
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William W. Edwards and Others, Verdict, Nauvoo, Hancock Co., IL
- 19 Sept. 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; unidentified handwriting; notation in handwriting of Jacob B. Backenstos; docket in handwriting of David E. Head.
- 19 Sept. 1843; in Docket Entry, 1, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Isaac Higbee.
- 19 September 1843
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William Niswanger, Assignment of Judgment, to Joseph Fisher, Hancock Co., IL
- 19 Sept. 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; handwriting of William Niswanger.
- 18–19 September 1843
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Docket Entry, Nauvoo, Hancock Co., IL
- 18–19 Sept. 1843. Not extant.
- 20 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm 4,661,986 at FHL; handwriting of Isaac Higbee.
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September (6)
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1843 (7)
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September (6)
- 18–19 September 1843
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Docket Entry, Copy, Nauvoo, Hancock Co., IL
- 20 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm 4,661,986 at FHL ; handwriting of Isaac Higbee.
- 20 September 1843
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List of Fees, Nauvoo, Hancock Co., IL
- 20 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm 4,661,986 at FHL; handwriting of Isaac Higbee.
- 21 September 1843
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Isaac Higbee, Certification, Nauvoo, Hancock Co., IL
- 21 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm 4,661,986 at FHL; unidentified handwriting; signature of Isaac Higbee; docket and notation in handwriting of Jacob B. Backenstos.
- 21 September 1843
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Warren & Higbee on behalf of Lyman Wight and Hamilton Jett, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL
- 21 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm 4,661,986 at FHL; unidentified handwriting; notation in handwriting of Jacob B. Backenstos; docket in handwriting of David E. Head.
- 21 September 1843
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Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for JS and Others, Carthage, Hancock Co., IL
- 21 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.
- 21 September 1843
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Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for William Niswanger, Carthage, Hancock Co., IL
- 21 Sept. 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; 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.
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October (1)
- 16 October 1843
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Docket Entry, Continuance, Carthage, Hancock Co., IL
- 16 Oct. 1843; Hancock County Circuit Court Record, vol. D, p. [15], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
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September (6)
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1844 (7)
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May (4)
- Ca. 19 May 1844
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Chauncey L. Higbee, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL
- Ca. 19 May 1844; private possession; handwriting of Chauncey L. Higbee; notation in handwriting of Jacob B. Backenstos; docket in handwriting of David E. Head.
- 20 May 1844
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Chauncey L. Higbee, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL
- 20 May 1844; CHL; handwriting of Chauncey L. Higbee; certification in handwriting of David E. Head; docket and notation in handwriting of David E. Head.
- 20 May 1844
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Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for JS and Others, Carthage, Hancock Co., IL
- 20 May 1844; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; 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 presumably in handwriting of James M. Spilman; notation printed with manuscript additions by William Backenstos.
- 23 May 1844
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Docket Entry, Judgment, Carthage, Hancock Co., IL
- 23 May 1844; Hancock County Circuit Court Record, vol. D, p. 124, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
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July (1)
- 15 July 1844
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Joseph Fisher, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL
- 15 July 1844; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; unidentified handwriting; docket in handwriting of David E. Head; notations in handwriting of Jacob B. Backenstos.
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October (1)
- Between 16 August and ca. 9 October 1844
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Docket Entry, Fieri Facias, Carthage, Hancock Co., IL
- Between 16 Aug. and ca. 9 Oct. 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [157], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.
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November (1)
- 29 November 1844
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Joseph Fisher, Assignment of Judgment, to Charles Bird, Nauvoo, Hancock Co., IL
- 29 Nov. 1844; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting presumably of Joseph Fisher; docket and notation in handwriting of David E. Head.
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May (4)
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1845 (1)
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September (1)
- 22 September 1845
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Charles Bird, Assignment of Judgment, to William Backenstos, Hancock Co., IL
- 22 Sept. 1845; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; handwriting of William Backenstos; signature presumably of Charles Bird; docket in handwriting of William Backenstos; notation in unidentified handwriting.
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September (1)
Cite this page
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Document Information
- Related Case Documents
Niswanger v. Wight and Jett, Hancock Co., IL, Circuit Court, 23 May 1844
- Editorial Title
- Introduction to Niswanger v. Wight and Jett
- ID #
- 17253
- Total Pages
- 1
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Footnotes
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2
Docket Entry, 18–19 Sept. 1843 [Niswanger v. Wight and Jett]; 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. The specific common law action Niswanger used is unknown. The figure of $79.84 comes from a notation on the promissory note and is included in Isaac Higbee’s docket entry for the case. It is unclear how Niswanger arrived at this figure. (Promissory Note, 5 Apr. 1842 [Niswanger v. Wight and Jett].)
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.
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3
JS, Journal, 21 July 1843; Docket Entry, 18–19 Sept. 1843 [Niswanger v. Wight and Jett]. Illinois law allowed the justice of the peace to proceed against the party that was served with notice and to determine a judgment. (An Act concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], pp. 404–405, sec. 7.)
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.
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4
Higbee’s docket entry simply stated, “By oath of defendant before R D Foster Esq. cause of action brought before me.” Illinois law provided that a defendant, upon his oath that he believed he could not obtain an impartial trial, could have the proceedings transferred to the nearest justice of the peace. (Docket Entry, 18–19 Sept. 1843 [Niswanger v. Wight and Jett]; 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. 408, sec. 25.)
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.
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6
Docket Entry, 18–19 Sept. 1843 [Niswanger v. Wight and Jett]. According to Higbee’s list of costs associated with the case, Hewit and Zundel were entitled to compensation for attending two days of trial, yet JS was not. JS’s journal makes no mention of JS attending the trial, and William Clayton’s journal states that JS and Emma Smith “rode to Woolleys” that day, presumably a reference to Edwin Woolley and family, who owned a farm about two miles east of Nauvoo. (JS, Journal, 19 Sept. 1843; Clayton, Journal, 19 Sept. 1843; Robert Peirce and Hannah Peirce, Deed to Edwin D. Woolley, 12 Aug. 1842, in Nauvoo Registry of Deeds, Record of Deeds, bk. B, p. 298.)
Clayton, William. Journals, 1842–1845. CHL.
Nauvoo Registry of Deeds. Record of Deeds, bk. B, 1843–1846. CHL. MS 3443.
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7
List of Fees, 20 Sept. 1843 [Niswanger v. Wight and Jett]; Assignment of Judgment, 19 Sept. 1843 [Niswanger v. Wight and Jett].
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8
Praecipe, 21 Sept. 1843 [Niswanger v. Wight and Jett]; Subpoena, 21 Sept. 1843 [Niswanger v. Wight and Jett].
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9
Subpoena, 20 May 1844 [Niswanger v. Wight and Jett]. JS’s journal indicated that although he was at home on 22 May 1844, he was avoiding Backenstos, who was attempting to serve a summons on him for a separate suit initiated by church dissident Francis M. Higbee. (JS, Journal, 22 May 1844.)
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10
Docket Entry, Judgment, 23 May 1844 [Niswanger v. Wight and Jett]. Two days before the hearing, Wight left Nauvoo on the steamship Osprey for St. Louis, Missouri. (JS, Journal, 21 May 1844.)
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12
Docket Entry, Fieri Facias, between 16 Aug. and ca. 9 Oct. 1844 [Niswanger v. Wight and Jett].
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13
Assignment of Judgment, 29 Nov. 1844 [Niswanger v. Wight and Jett]; Assignment of Judgment, 22 Sept. 1845 [Niswanger v. Wight and Jett].