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Introduction to City of Nauvoo v. C. L. Higbee et al.
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1844 (4)
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April (1)
- Ca. 26 April 1844
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Docket Entry, Nauvoo, Hancock Co., IL
- Ca. 26 Apr. 1844. Not extant.
- Between 2 May and 3 June 1844. Not extant.
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May (1)
- Ca. 2 May 1844
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Supersedeas, Nauvoo, Hancock Co., IL
- Ca. 2 May 1844. Not extant.
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June (2)
- 3 June 1844
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Procedendo, to Nauvoo Mayor’s Court Clerk, Nauvoo, Hancock Co., IL
- 3 June 1844. Not extant.
- 3 June 1844
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Bill of Particulars, Nauvoo, Hancock Co., IL
- 3 June 1844. Not extant.
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April (1)
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1844 (4)
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April (1)
- Ca. 29 April 1844
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Bond, Nauvoo, Hancock Co., IL
- Ca. 29 Apr. 1844. Not extant.
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May (1)
- 2 May 1844
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William W. Phelps, Notice of Appeal, to Nauvoo Municipal Court Clerk, Nauvoo, Hancock Co., IL
- 2 May 1844; Nauvoo, IL, Records, CHL; handwriting of William W. Phelps; docket and notation in handwriting of Willard Richards.
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June (2)
- Between 2 May and 3 June 1844
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Docket Entry, Copy, Nauvoo, Hancock Co., IL
- Between 2 May and 3 June 1844. Not extant.
- 2 May–ca. 3 June 1844
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Docket Entry, Nauvoo, Hancock Co., IL
- 2 May–ca. 3 June 1844; Nauvoo Municipal Court Docket Book, 104; handwriting of Willard Richards; notation in handwriting of Thomas Bullock.
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April (1)
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1845 (1)
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February (1)
- 10 February 1845
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Daniel Spencer, Pay Order, Nauvoo, Hancock Co., IL, to Nauvoo City Treasurer, for Nauvoo Municipal Court Clerk , Nauvoo, Hancock Co., IL
- 10 Feb. 1845. Not extant.
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February (1)
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1844 (4)
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April (1)
- Ca. 29 April 1844
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Bond, Nauvoo, Hancock Co., IL
- Ca. 29 Apr. 1844. Not extant.
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May (1)
- 2 May 1844
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William W. Phelps, Notice of Appeal, to Nauvoo Municipal Court Clerk, Nauvoo, Hancock Co., IL
- 2 May 1844; Nauvoo, IL, Records, CHL; handwriting of William W. Phelps; docket and notation in handwriting of Willard Richards.
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June (2)
- Between 2 May and 3 June 1844
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Docket Entry, Copy, Nauvoo, Hancock Co., IL
- Between 2 May and 3 June 1844. Not extant.
- 2 May–ca. 3 June 1844
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Docket Entry, Nauvoo, Hancock Co., IL
- 2 May–ca. 3 June 1844; Nauvoo Municipal Court Docket Book, 105; handwriting of Willard Richards; notation in handwriting of Thomas Bullock.
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April (1)
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1845 (1)
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February (1)
- 10 February 1845
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Daniel Spencer, Pay Order, Nauvoo, Hancock Co., IL, to Nauvoo City Treasurer, for Nauvoo Municipal Court Clerk, Nauvoo, Hancock Co., IL
- 10 Feb. 1845. Not extant.
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February (1)
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1844 (4)
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April (1)
- Ca. 29 April 1844
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Bond, Nauvoo, Hancock Co., IL
- Ca. 29 Apr. 1844. Not extant.
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May (1)
- 2 May 1844
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William W. Phelps, Notice of Appeal, to Nauvoo Municipal Court Clerk, Nauvoo, Hancock Co., IL
- 2 May 1844; Nauvoo, IL, Records, CHL; handwriting of William W. Phelps; docket and notation in handwriting of Willard Richards.
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June (2)
- Between 2 May and 3 June 1844
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Docket Entry, Copy, Nauvoo, Hancock Co., IL
- Between 2 May and 3 June 1844. Not extant.
- Ca. 3 June 1844
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Docket Entry, Nauvoo, Hancock Co., IL
- Ca. 3 June 1844; Nauvoo Municipal Court Docket Book, 106; handwriting of Willard Richards; notation in handwriting of Thomas Bullock.
- 16 Oct. 1844; private possession; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; handwriting of John McEwan; certified by William W. Phelps.
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April (1)
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1845 (1)
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February (1)
- 10 February 1845
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Daniel Spencer, Pay Order, Nauvoo, Hancock Co., IL, to Nauvoo City Treasurer, for Nauvoo Municipal Court Clerk, Nauvoo, Hancock Co., IL
- 10 Feb. 1845. Not extant.
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February (1)
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1844 (9)
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July (3)
- 26 July 1844
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Charles A. Foster and Others, Bond, Hancock Co., IL, to City of Nauvoo
- 26 July 1844; CHL; handwriting of Charles A. Foster; signatures of Charles A. Foster, Robert D. Foster, and Artois Hamilton; certified by Jacob B. Backenstos.
- 26 July 1844
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Jacob B. Backenstos, Certiorari, Carthage, Hancock Co., IL, to Nauvoo Municipal Court, Nauvoo, Hancock Co., IL
- 26 July 1844; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notations in handwriting of William Backenstos; notation probably in handwriting of Jacob B. Backenstos.
- 26 July 1844
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Jacob B. Backenstos, Supersedeas, Carthage, Hancock Co., IL, to Nauvoo Municipal Court and Others, Nauvoo, Hancock Co., IL
- 26 July 1844; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of M. Avise; signature of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notations in handwriting of William Backenstos; notation in handwriting of David E. Head.
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October (6)
- Ca. 21 October 1844
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Almon Babbitt, Motion, Hancock Co., IL
- Ca. 21 Oct. 1844; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Almon Babbitt.
- 22 October 1844
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Docket Entry, Motion, Carthage, Hancock Co., IL
- 22 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. [177], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
- Ca. 24 October 1844
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George Stiles and Almon Babbitt, Motion, Hancock Co., IL, ca. 24 Oct. 1844–A
- Ca. 24 Oct. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Stiles; docket in handwriting of George Stiles; notation in handwriting of Jacob B. Backenstos.
- Ca. 24 October 1844
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Onias Skinner, Motion, Hancock Co., IL, ca. 24 Oct. 1844–B
- Ca. 24 Oct. 1844; private possession; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; docket and notation probably in handwriting of David E. Head.
- 25 October 1844
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Docket Entry, Motions, Carthage, Hancock Co., IL
- 25 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 202, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
- 31 October 1844
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Docket Entry, Motions Overruled, Nauvoo, Hancock Co., IL
- 31 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 224, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
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July (3)
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1845 (3)
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October (3)
- 21 October 1845
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Docket Entry, Dismissal, Nauvoo, Hancock Co., IL
- 21 Oct. 1845; Hancock County Circuit Court Record, vol. D, p. [325], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
- Ca. 21 October 1845
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Docket Entry, Carthage, Hancock Co., IL
- Ca. 21 Oct. 1845; Hancock County Circuit Court, Judgment Docket, vol. C, p. 165, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.
- Ca. 21 October 1845
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Docket Entry, Fee Bill, Carthage, Hancock Co., IL
- Ca. 21 Oct. 1845; Hancock County Circuit Court, Fee Book, vol. G, p. 594. Not extant.
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October (3)
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1846 (1)
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March (1)
- Between 17 December 1845 and ca. 17 March 1846
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Docket Entry, Fieri Facias, Carthage, Hancock Co., IL
- Between 17 Dec. 1845 and ca. 17 Mar. 1846; Hancock County Circuit Court, Execution Docket, vol. C, p. [19], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head; notation in unidentified handwriting.
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March (1)
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1844 (11)
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July (3)
- 25 July 1844
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Robert D. Foster and Others, Bond, Hancock Co., IL, to City of Nauvoo
- 25 July 1844; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Robert D. Foster; signatures of Robert D. Foster, Charles A. Foster and Artois Hamilton; certified by Jacob B. Backenstos.
- 26 July 1844
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Jacob B. Backenstos, Certiorari, Carthage, Hancock Co., IL, to Nauvoo Municipal Court, Nauvoo, Hancock Co., IL
- 26 July 1844; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notations in handwriting of William Backenstos; notation probably in handwriting of Jacob B. Backenstos.
- 26 July 1844
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Jacob B. Backenstos, Supersedeas, Carthage, Hancock Co., IL, to Nauvoo Municipal Court and Others, Nauvoo, Hancock Co., IL
- 26 July 1844; microfilm in Circuit Court case files, 1830–1900, CHL; unidentified handwriting; signature of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notations in handwriting of William Backenstos; notation in handwriting of David E. Head.
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October (8)
- 16 October 1844
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Docket Entry, Copy, Nauvoo, Hancock Co., IL
- 16 Oct. 1844; private possession; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; handwriting of John McEwan; certified by William W. Phelps.
- Ca. 21 October 1844
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George Stiles and Almon Babbitt, Motion, Hancock Co., IL
- Ca. 21 Oct. 1844; private possession; microfilm 1,521,606 at FHL; handwriting of George Stiles; docket in handwriting of George Stiles; docket in unidentified handwriting; notation probably in handwriting of David E. Head.
- 22 October 1844
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Docket Entry, Motion, Carthage, Hancock Co., IL
- 22 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. [177], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
- Ca. 23 October 1844
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George Stiles and Almon Babbitt, Motion, Hancock Co., IL
- Ca. 23 Oct. 1844; private possession; microfilm 1,521,606 at FHL; handwriting of George Stiles; docket and notation in handwriting of Jacob B. Backenstos.
- Ca. 24 October 1844
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Onias Skinner, Motion, Hancock Co., IL
- Ca. 24 Oct. 1844; private possession; microfilm in Court Cases Files, 1830–1846, CHL; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; docket and notation probably in handwriting of David E. Head.
- 25 October 1844
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Docket Entry, Motions, Carthage, Hancock Co., IL
- 25 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 202, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
- 30 October 1844
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Onias Skinner, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL
- 30 Oct. 1844; private possession; microfilm 1,521,606 at FHL; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; notation in handwriting of Jacob B. Backenstos.
- 31 October 1844
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Docket Entry, Motions Overruled, Carthage, Hancock Co., IL
- 31 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 224, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
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July (3)
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1845 (3)
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October (3)
- Ca. 20 October 1845
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George Stiles and Almon Babbitt, Motion, Hancock Co., IL
- Ca. 20 Oct. 1845. Not extant.
- 21 October 1845
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Docket Entry, Dismissal, Carthage, Hancock Co., IL
- 21 Oct. 1845; Hancock County Circuit Court Record, vol. D, p. [325], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
- Ca. 21 October 1845
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Docket Entry, Carthage, Hancock Co., IL
- Ca. 21 Oct. 1845; Hancock County Circuit Court, Judgment Docket, vol. C, p. 165, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.
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October (3)
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1846 (1)
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March (1)
- Between 17 December 1845 and ca. 17 March 1846
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Docket Entry, Fieri Facias, Carthage, Hancock Co., IL
- Between 17 Dec. 1845 and ca. 17 Mar. 1846; Hancock County Circuit Court, Execution Docket, vol. C, p. [19], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head; notation in unidentified handwriting.
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March (1)
Cite this page
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Document Information
- Related Case Documents
City of Nauvoo v. C. L. Higbee et al., Nauvoo, IL, Mayor’s Court, 26 April 1844
- Editorial Title
- Introduction to City of Nauvoo v. C. L. Higbee et al.
- ID #
- 17600
- Total Pages
- 1
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Footnotes
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1
Willard Richards, clerk of the municipal court, inscribed the docket entry for each appeal using the appellant’s name first and identifying the city of Nauvoo as the respondent. Although not used by Richards in this case, abbreviations for ad sectam were often used when reversing the order of parties on record. (Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. L. Higbee]; Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. A. Foster]; Docket Entry, ca. 3 June 1844 [City of Nauvoo v. R. D. Foster].)
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3
On 7 May 1844, Robert D. Foster acquired “an opposition printing press.” On 10 May, Foster, along with his brother Charles, Chauncey L. Higbee, and other dissenters, published a prospectus for the Nauvoo Expositor, a newspaper dedicated to opposing the church and its teachings. (JS, Journal, 7 May 1844; Nauvoo Expositor Prospectus [Nauvoo, IL: ca. 10 May 1844], copy at CHL.)
Nauvoo Expositor Prospectus. Nauvoo, IL: ca. 10 May 1844. Copy at CHL.
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4
Nauvoo Stake High Council Minutes, 20 and 24 May 1842, 1–2.
Nauvoo High Council Minutes, 1839–1845. CHL. LR 3102 22.
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6
“The Mormons and Their Prophet—Legislation at Nauvoo—The Temple,” New-York Daily Tribune, 27 Jan. 1844, [1]; JS, Journal, 7 Mar. 1844.
New York Weekly Tribune. New York City. 1841–1866.
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7
Charles A. Foster, Nauvoo, IL, Letter to the Editor, 29 Apr. 1844, Warsaw (IL) Signal, 8 May 1844, [3]. JS evidently based his initial order for Rockwell to arrest Augustine Spencer on an 1841 Nauvoo ordinance that criminalized “ridiculing abusing, or otherwise depreciating another in consequence of his religion” and declared the convicted offender “a disturber of the public peace.” The ordinance further made it the duty of the mayor to have “all such violators” arrested, “either with or without process.” It is unknown why JS asked Rockwell, who is not known to have been a law officer at that time, to arrest Spencer. (Nauvoo City Council Minute Book, 1 Mar. 1841, 13; Pleas, ca. 27 May 1844 [C. A. Foster v. JS and Coolidge].)
Warsaw Signal. Warsaw, IL. 1841–1853.
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8
John P. Greene, “All Is Peace at Nauvoo among the Saints,” Nauvoo Neighbor, 1 May 1844, [3]; Charles A. Foster, Nauvoo, IL, Letter to the Editor, 29 Apr. 1844, Warsaw (IL) Signal, 8 May 1844, [3]; Pleas, ca. 27 May 1844 [C. A. Foster v. JS and Coolidge].
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
Warsaw Signal. Warsaw, IL. 1841–1853.
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9
John P. Greene, “All Is Peace at Nauvoo among the Saints,” Nauvoo Neighbor, 1 May 1844, [3].
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
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10
Pleas, ca. 27 May 1844 [C. A. Foster v. JS and Coolidge]; JS, Journal, 26 Apr. 1844; Introduction to City of Nauvoo v. A. Spencer.
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11
JS, Journal, 26 Apr. 1844. Summarizing the trial, Willard Richards wrote in JS’s journal that he tried “at once R. D. Foster. Chauncy L. Higbee. & charls Foster.—for resisting the auhoities [authorities] of the city.” William W. Phelps, clerk of the mayor’s court, wrote to notify the municipal court that the defendants had appealed the mayor’s decision in “the case of The city of Nauvoo vs Chauncy L. Higbee Charles A. Foster Robert D. Foster.” (Notice of Appeal, 2 May 1844.)
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12
Nauvoo City Council Minute Book, 1 Mar. 1841, 12–13. Documents produced for Higbee’s and the Fosters’ appeals to the municipal court simply noted that the three men had been convicted of violating unspecified city ordinances. However, when Charles A. Foster brought a civil suit against JS and Joseph W. Coolidge in the Hancock County Circuit Court, alleging that they had falsely imprisoned and injured him on 26 April 1844, defense attorneys filed as evidence certified copies of the ordinances relating to religious societies and public meetings and referenced both ordinances in defense pleas. (Notice of Appeal, 2 May 1844; Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. L. Higbee]; Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. A. Foster]; Docket Entry, ca. 3 June 1844 [City of Nauvoo v. R. D. Foster]; Pleas, ca. 27 May 1844 [C. A. Foster v. JS and Coolidge]; Nauvoo City Council Minute Book, 1 Mar. 1841, 12–13; Ordinance, 1 Mar. 1841–E, Thomas Bullock Copy; Ordinance, 1 Mar. 1841–D, Thomas Bullock Copy.)
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14
Notice of Appeal, 2 May 1844. The Nauvoo charter specified that appeals of convictions in the mayor’s court for breaches of city ordinances would be heard in the municipal court. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)
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16
JS, Journal, 3 June 1844; Nauvoo Municipal Court Docket Book, 102; Act to Incorporate the City of Nauvoo, 16 Dec. 1840.
Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.
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17
Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. L. Higbee]; Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. A. Foster]; Docket Entry, ca. 3 June 1844 [City of Nauvoo v. R. D. Foster].
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19
Bond, 26 July 1844 [City of Nauvoo v. C. A. Foster]; Bond, 25 July 1844 [City of Nauvoo v. R. D. Foster].
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20
Supersedeas, 26 July 1844 [City of Nauvoo v. C. A. Foster]; Supersedeas, 26 July 1844 [City of Nauvoo v. R. D. Foster]; Certiorari, 26 July 1844 [City of Nauvoo v. C. A. Foster]; Certiorari, 26 July 1844 [City of Nauvoo v. R. D. Foster].
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21
Motion, ca. 24 Oct. 1844 [City of Nauvoo v. C. A. Foster]; Motion, ca. 24 Oct. 1844 [City of Nauvoo v. R. D. Foster]; Motion, ca. 24 Oct. 1844 [City of Nauvoo v. C. A. Foster]; Motion, ca. 23 Oct. 1844 [City of Nauvoo v. R. D. Foster]; see also Act to Incorporate the City of Nauvoo, 16 Dec. 1840.
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22
Docket Entry, Motions Overruled, 31 Oct. 1844 [City of Nauvoo v. C. A. Foster]; Docket Entry, Motions Overruled, 31 Oct. 1844 [City of Nauvoo v. R. D. Foster].
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23
Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. C. A. Foster]; Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. R. D. Foster].
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24
Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. C. A. Foster]; Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. R. D. Foster]. Although the Illinois legislature had disincorporated the city of Nauvoo in January 1845, the following April the area’s residents voted to incorporate a town under the state’s general incorporation law. It was presumably this entity that sent an attorney to represent its interests at the October term. Nauvoo’s leadership may have opted to seek dismissal of the suits against the Fosters because Latter-day Saint leaders were by that time preparing to depart the city and were perhaps uninterested in prolonging the suits. In addition, after an outbreak of violence between church members and their antagonists in September 1845, the church’s opponents requested Illinois judge Norman H. Purple to not convene the October 1845 session of the Hancock County Circuit Court on the grounds that holding court might provoke further hostilities. Although Purple ultimately presided at the session as scheduled, the heightened tensions may have influenced Nauvoo’s leadership to seek dismissal of the suits against the Fosters. (An Act to Repeal the Act Entitled “An Act to Incorporate the City of Nauvoo,” Approved December 16, 1840 [29 Jan. 1845], Laws of the State of Illinois, pp. 187–188; Clayton, Journal, 15 Apr. 1845; see also An Act Further Defining the Powers and Duties of Trustees of Incorporated Towns [31 Jan. 1835], Public and General Statute Laws of the State of Illinois, pp. 384–385, sec. 1; Administrative Records, Volume 1, Introduction to Part 3: Sept.–Oct. 1845; and Council of Fifty, “Record,” 4 Oct. 1845.)
Laws of the State of Illinois, Passed by the Fourteenth General Assembly, at Their Regular Session, Began and Held at Springfield, December 2nd, 1844. Springfield, IL: Walters and Weber, 1845.
Clayton, William. Journals, 1842–1845. CHL.
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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25
Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. C. A. Foster]; Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. R. D. Foster].
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1