Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]

  • Source Note
  • Historical Introduction
Page 96
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Joseph Smith Senior, , , , , [blank] , , & , were sworn and testified the substance of which testimony is on file.
After hearing the evidence in support of said petition it is considered and ordered by the court, First: that the said Joseph Smith Senior, be discharged the said arrest, and imprisonment complaind of said petition. on the illegality of the writ. upon which he was arrested, also <​as​> well as upon the merits of the case and that he ; Secondly: ’s character having been so fully shown before the court as infamous, the court is convinced that this suit was instituted through Malice, private pique and corruption, and ought not to be countenanced, and it is ordered by the court that the said pay the Costs.
June 4, 1844 issued vs , $36.13¾. to Marshall.
Novr. 6th.1844 Execution returned. “no property found whereupon to levy & the execution came to my hands since the death of the former Marshall & after the legal return day thereof
J[oseph] C. Wright C. M. [p. 96]
Joseph Smith Senior, , , , , [blank] , , & , were sworn and testified which testimony is on file.
After hearing the evidence in support of said petition it is considered and ordered by the court, First: that the said Joseph Smith Senior, be discharged the said arrest, and imprisonment complaind of said petition. on the illegality of the writ. upon which he was arrested, as well as upon the merits of the case and that he ; Secondly: ’s character having been so fully shown before the court as infamous, the court is convinced that this suit was instituted through Malice, private pique and corruption, and ought not to be countenanced, and it is ordered by the court that the said pay the Costs.
June 4, 1844 issued vs , $36.13¾. to Marshall.
Novr. 6th.1844 Execution returned. “no property found whereupon to levy & the execution came to my hands since the death of the former Marshall & after the legal return day thereof
Joseph C. Wright C. M. [p. 96]
Page 96