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Introduction to Dana v. Brink

Dana v. Brink
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 10 March 1843
 
Brink v. Dana
Nauvoo, Hancock Co., Illinois, Municipal Court, 19 April 1843
 
Dana v. Brink
Hancock Co., Illinois, Circuit Court, 27 May 1844
 
Dana v. Brink, Ball, and M. Smith
Hancock Co., Illinois, Circuit Court, 23 October 1844
 
Historical Introduction
On 2 and 3 March 1843, JS presided as a justice of the peace in the , Illinois, mayor’s court over Dana v. Brink, a breach of contract suit resulting from a local physician’s malfeasance. The case grew out of events that occurred on 22–24 October 1842, when Thomsonian physician was called to the home of to treat her for fever and diarrhea. After arriving, Brink incorrectly concluded that Dana, who was pregnant, had miscarried. In order to induce labor, Brink administered an enema of cayenne pepper and performed an invasive examination. On 24 October, Dana delivered a healthy baby with the assistance of midwife , but because of Brink’s treatment, Dana reported persistent back pain and incontinence.
In February 1843, , ’s husband, initiated a civil lawsuit before JS on a plea of , or breach of contract, seeking $99 in damages. Attorneys and represented Dana, while retained the services of and . At the trial on 2–3 March, JS heard testimony from witnesses who described Brink’s treatment of Margaret Dana. Due to the common law doctrine of , married women in the nineteenth century normally were not permitted to testify in lawsuits. JS made an exception and allowed Dana to describe her injuries under oath. He gave his decision on 10 March, ruling that Brink should pay Charles Dana the full $99 in damages and pay court costs totaling $11.59. Because of the case’s prominence in the , a trial report detailing the legal issues, summarizing the testimonies, and reproducing JS’s decision was printed in five columns of the newspaper the Wasp. It was the only trial report of a case over which JS presided that was published during his lifetime.
law allowed parties to appeal the decision of a justice of the peace to the circuit court. filed an appeal on 30 March 1843, but he did so in the Municipal Court, rather than the proper venue, the Circuit Court. The appeal, Brink v. Dana, was heard in the municipal court on 19 April, with JS, as mayor, serving as the chief justice. JS dismissed the appeal on the grounds that the municipal court lacked jurisdiction.
On 16 May 1843, filed an appeal with the Circuit Court in , Illinois. The court issued a ordering JS to suspend the 10 March 1843 judgment until the circuit court could hear the case. The appeal was recorded on the circuit court docket as Dana v. Brink. No judgment was rendered until the May 1844 session, when a jury upheld JS’s original decision but reduced the judgment from $99 to $75. Brink sought to have the verdict set aside and requested a new trial, but the court upheld the verdict on 27 May. The court was unable to collect, and in September 1844 commenced an action against not only Brink but also and (Dana’s sureties on the appeal bond) by filing a declaration demanding that the judgment and damages be collected. This iteration of the case was recorded on the docket as Dana v. Brink, Ball, and Smith. On 23 October 1844, the court again ruled in Dana’s favor. In January 1845, the Hancock County sheriff was able to sell $25.37 of the defendants’ assets to cover some of the case costs. Finally, on 19 October 1846 the court approved a motion that “this suit be dismissed at the plaintiffs Costs,” presumably because the court was not going to expend additional resources attempting to collect the remainder of the judgment.
 
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.
Dana v. Brink
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 10 March 1843
 
Brink v. Dana
Nauvoo, Hancock Co., Illinois, Municipal Court, 19 April 1843
 
Dana v. Brink
Hancock Co., Illinois, Circuit Court, 27 May 1844
 
Dana v. Brink, Ball, and M. Smith
Hancock Co., Illinois, Circuit Court, 23 October 1844
 
Historical Introduction
On 2 and 3 March 1843, JS presided as a justice of the peace in the , Illinois, mayor’s court over Dana v. Brink, a breach of contract suit resulting from a local physician’s malfeasance. The case grew out of events that occurred on 22–24 October 1842, when Thomsonian physician was called to the home of to treat her for fever and diarrhea. After arriving, Brink incorrectly concluded that Dana, who was pregnant, had miscarried. In order to induce labor, Brink administered an enema of cayenne pepper and performed an invasive examination. On 24 October, Dana delivered a healthy baby with the assistance of midwife , but because of Brink’s treatment, Dana reported persistent back pain and incontinence.
In February 1843, , ’s husband, initiated a civil lawsuit before JS on a plea of , or breach of contract, seeking $99 in damages. Attorneys and represented Dana, while retained the services of and . At the trial on 2–3 March, JS heard testimony from witnesses who described Brink’s treatment of Margaret Dana. Due to the common law doctrine of , married women in the nineteenth century normally were not permitted to testify in lawsuits. JS made an exception and allowed Dana to describe her injuries under oath. He gave his decision on 10 March, ruling that Brink should pay Charles Dana the full $99 in damages and pay court costs totaling $11.59. Because of the case’s prominence in the , a trial report detailing the legal issues, summarizing the testimonies, and reproducing JS’s decision was printed in five columns of the newspaper the Wasp. It was the only trial report of a case over which JS presided that was published during his lifetime.
law allowed parties to appeal the decision of a justice of the peace to the circuit court. filed an appeal on 30 March 1843, but he did so in the Municipal Court, rather than the proper venue, the Circuit Court. The appeal, Brink v. Dana, was heard in the municipal court on 19 April, with JS, as mayor, serving as the chief justice. JS dismissed the appeal on the grounds that the municipal court lacked jurisdiction.
On 16 May 1843, filed an appeal with the Circuit Court in , Illinois. The court issued a ordering JS to suspend the 10 March 1843 judgment until the circuit court could hear the case. The appeal was recorded on the circuit court docket as Dana v. Brink. No judgment was rendered until the May 1844 session, when a jury upheld JS’s original decision but reduced the judgment from $99 to $75. Brink sought to have the verdict set aside and requested a new trial, but the court upheld the verdict on 27 May. The court was unable to collect, and in September 1844 commenced an action against not only Brink but also and (Dana’s sureties on the appeal bond) by filing a declaration demanding that the judgment and damages be collected. This iteration of the case was recorded on the docket as Dana v. Brink, Ball, and Smith. On 23 October 1844, the court again ruled in Dana’s favor. In January 1845, the Hancock County sheriff was able to sell $25.37 of the defendants’ assets to cover some of the case costs. Finally, on 19 October 1846 the court approved a motion that “this suit be dismissed at the plaintiffs Costs,” presumably because the court was not going to expend additional resources attempting to collect the remainder of the judgment.
 
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.
 
Dana v. Brink, Nauvoo, Hancock Co., Illinois, Mayor’s Court
  • 1843 (8)
    • February (5)
      14 February 1843

      JS as Justice of the Peace, Summons, to any Hancock Co. Constable, for William Brink, Nauvoo, Hancock Co., IL

      • 14 Feb. 1843; private possession; handwriting of William W. Phelps; docket in handwriting of William W. Phelps; notation in handwriting of John D. Parker; notation in handwriting of Jacob B. Backenstos.
      15 February 1843

      JS as Justice of the Peace, Subpoena, for Patty Bartlett Sessions and Others, Nauvoo, Hancock Co., IL

      • 15 Feb. 1843; private possession; photocopy at CHL; handwriting of William W. Phelps; signature of JS.
      18 February 1843

      JS as Justice of the Peace, Subpoena, for Mrs. Wooley and Others, Nauvoo, Hancock Co., IL

      • 18 Feb. 1843; private possession; photocopy at CHL; handwriting of William W. Phelps; possible signature of JS.
      23 February 1843

      JS as Justice of the Peace, Subpoena, for Robert D. Foster and Others, Nauvoo, Hancock Co., IL

      • 23 Feb. 1843; private possession; photocopy at BYU; handwriting of William W. Phelps; docket in handwriting of William W. Phelps; notation in handwriting of Charles Dana; notation in handwriting of Jacob B. Backenstos.
      27 February 1843

      JS as Justice of the Peace, Subpoena, for Mrs. Wooley and Others, Nauvoo, Hancock Co., IL

      • 27 Feb. 1843; private possession; photocopy at BYU; handwriting of William W. Phelps; docket in handwriting of William W. Phelps; notations in handwriting of John D. Parker; notation in handwriting of Jacob B. Backenstos.
    • March (3)
      Ca. 2 March 1843

      Charles Dana, Bill of Particulars, Nauvoo, Hancock Co., IL

      • Ca. 2 Mar. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Onias Skinner; docket in handwriting of William W. Phelps; docket and notation in handwriting of Jacob B. Backenstos.
      10 March 1843

      JS as Justice of the Peace, Execution, to any Hancock Co. Constable, Nauvoo, Hancock Co., IL

      • 10 Mar. 1843; private possession; photocopy at CHL; printed form with manuscript additions in handwriting of William W. Phelps; signature of JS; notation in handwriting of John D. Parker.
      Between 4 and 22 March 1843

      Trial Report, Nauvoo, Hancock Co., IL

      • Between 4 and 22 Mar. 1843. Not extant.
      • 22 Mar. 1843; “Decision,” Wasp, 22 Mar. 1843, [2]–[3].
 
Brink v. Dana, Nauvoo, Hancock Co., Illinois, Municipal Court
  • 1843 (10)
    • March (2)
      29 March 1843

      William Brink and Others, Bond, Nauvoo, Hancock Co., IL, to Charles Dana, Nauvoo, Hancock Co., IL

      • 29 Mar. 1843; JS Collection, CHL; handwriting of William W. Phelps; signatures of William Brink, Charles Ivins, Jonah R. Ball, and JS; docket in handwriting of William W. Phelps; docket and notation in handwriting of Jacob B. Backenstos.
      31 March 1843

      William W. Phelps on behalf of JS as Mayor, Notice of Appeal, to James Sloan, Nauvoo, Hancock Co., IL

      • 31 Mar. 1843; Nauvoo, IL, Records, CHL; handwriting of William W. Phelps; endorsement and docket in handwriting of James Sloan.
    • April (6)
      4 April 1843

      James Sloan, Subpoena, for Patty Bartlett Sessions and Others, Nauvoo, Hancock Co., IL

      • 4 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan with insertions in handwriting of Charles Dana; docket and notation in handwriting of James Sloan; notation in handwriting of Charles Dana; notation in handwriting of Henry G. Sherwood.
      7 April 1843

      James Sloan, Subpoena, to Nauvoo City Marshal, for Hyrum Smith and Others, Nauvoo, Hancock Co., IL

      • 7 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan with insertion in handwriting of John D. Parker; docket and notation in handwriting of James Sloan; notation in handwriting of John D. Parker.
      8 April 1843

      James Sloan, Supersedeas, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

      • 8 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket and notation in handwriting of James Sloan; notation in handwriting of Henry G. Sherwood.
      13 April 1843

      James Sloan, Subpoena, for Harvey Tate and Others, Nauvoo, Hancock Co., IL

      • 13 Apr. 1843; Nauvoo, IL, Records; CHL; handwriting of James Sloan with insertion in handwriting of John D. Parker; docket and notation in handwriting of James Sloan; notation in handwriting of John D. Parker.
      19 April 1843

      James Sloan, Attachment, to Nauvoo City Marshal, for William Marks and Others, Nauvoo, Hancock Co., IL

      • 19 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket and notations in handwriting of James Sloan; notation in handwriting of Henry G. Sherwood.
      Between 31 March and ca. 19 April 1843

      Docket Entry, Nauvoo, Hancock Co., IL

      • Between 31 Mar. and ca. 19 Apr. 1843; Nauvoo Municipal Court Docket Book, 53–54, CHL; handwriting of James Sloan; notations in handwriting of James Sloan; notation in handwriting of Willard Richards; notation in handwriting of Thomas Bullock.
    • May (1)
      10 May 1843

      James Sloan, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

      • 10 May 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket in handwriting of James Sloan; notation in handwriting of John D. Parker.
    • October (1)
      2 October 1843

      Willard Richards, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

      • 2 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of Willard Richards.
 
Dana v. Brink, Hancock Co., Illinois, Circuit Court
  • 1843 (32)
    • May (7)
      Between 19 April and 16 May 1843

      William Brink, Petition to Hancock Co. Circuit Court, Hancock Co., IL

      • Ca. 16 May 1843. Not extant.
      16 May 1843

      William Brink and Others, Bond, Hancock Co., IL, to Charles Dana, Hancock Co., IL

      • 16 May 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting; signatures of William Brink, Moses Smith, Jonah R. Ball, and William Marr; docket in unidentified handwriting; certifications in handwriting of M. Avise; notations in handwriting of M. Avise.
      • 17 Sept. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head; docket in handwriting of David E. Head; notation in handwriting of Jacob Backenstos.
      16 May 1843

      M. Avise on behalf of Jacob B. Backenstos, Supersedeas, Carthage, Hancock Co., IL, to JS as Mayor or any Nauvoo Constable, Nauvoo, Hancock Co., IL

      • 16 May 1843; BYU; printed form with manuscript additions in handwriting of M. Avise; docket printed with manuscript additions in handwriting of M. Avise; notations printed with manuscript additions in handwriting of William Backenstos; notation printed with manuscript additions in handwriting of John D. Parker.
      Between 16 and 18 May 1843

      William Marr on behalf of William Brink, Motion, Hancock Co., IL, between 16 and 18 May 1843–A

      Between 16 and 18 May 1843

      Charles Dana, Motion, Hancock Co., IL, between 16 and 18 May 1843–B

      18 May 1843

      Docket Entry, Motions, Carthage, Hancock. Co., IL

      • 18 May 1843; Hancock County Circuit Court Record, vol. C, p. 451, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      27 May 1843

      Docket Entry, Motion Overruled and Continuance, Carthage, Hancock Co., IL

      • 27 May 1843; Hancock County Circuit Court Record, vol. C, p. 488, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
    • August (2)
      24 August 1843

      George Bachman and Onias Skinner, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • 24 Aug. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; notation in handwriting of Jacob B. Backenstos.
      25 August 1843

      Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for John F. Weld and Others, Carthage, Hancock Co., IL

      • 25 Aug. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; 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 printed with manuscript additions in handwriting of Jacob B. Backenstos; notation in handwriting of Jacob B. Backenstos.
    • September (6)
      15 September 1843

      William Brink, Praecipe, to Jacob B. Backenstos, Hancock Co., IL

      • 15 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of William Brink; docket and notation in handwriting of Jacob B. Backenstos.
      15 September 1843

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Catharine Wilkey and Fanny Hartshorn, Carthage, Hancock Co., IL, 15 Sept. 1843–A

      • 15 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of William Backenstos; notation in handwriting of Jacob B. Backenstos.
      15 September 1843

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Robert D. Foster and Others, Carthage, Hancock Co., IL, 15 Sept. 1843–B

      • 15 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notation printed with manuscript additions in handwriting of William Backenstos; notations printed with manuscript additions in handwriting of John D. Parker; notation probably in handwriting of David E. Head.
      29 September 1843

      William Marr on behalf of William Brink, Notice, to Charles Dana, Nauvoo, Hancock Co., IL

      • 29 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of William Marr; docket probably in handwriting of David E. Head.
      30 September 1843

      Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for Charles Dana, Carthage, Hancock Co., IL

      • 30 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; 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.
      30 September 1843

      Jacob B. Backenstos, Certiorari, Carthage, Hancock Co., IL, to JS, Nauvoo, Hancock Co., IL

      • 30 Sept. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Jacob B. Backenstos; docket and notation in handwriting of Jacob B. Backenstos; notations in handwriting of Jacob B. Backenstos with signature of William Backenstos.
    • October (14)
      16 October 1843

      George Bachman and Onias Skinner, Motion, Hancock Co., IL, 16 Oct. 1843–A

      • 16 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Bachman; docket in handwriting of George Bachman; docket and notation in handwriting of Jacob B. Backenstos.
      16 October 1843

      William Marr on behalf of William Brink, Motion, Hancock Co., IL, 16 Oct. 1843–B

      • 16 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of William Marr; docket in handwriting of William Marr; notation in handwriting of Jacob B. Backenstos.
      16 October 1843

      Docket Entry, Motions, Carthage, Hancock Co., IL

      • 16 Oct. 1843; Hancock County Circuit Court Record, vol. D, p. 13, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      17 October 1843

      Docket Entry, Motions Overruled, Carthage, Hancock Co., IL

      • 17 Oct. 1843; Hancock County Circuit Court Record, vol. D, p. 22, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
      18 October 1843

      Onias Skinner, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL, 18 Oct. 1843–A

      • 18 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Onias Skinner; docket and notation in handwriting of Jacob B. Backenstos.
      18 October 1843

      George Bachman and Onias Skinner, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL, 18 Oct. 1843–B

      • 18 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Onias Skinner; docket and notation in handwriting of David E. Head.
      18 October 1843

      Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for John Charles, Carthage, Hancock Co., IL, 18 Oct. 1843–A

      • 18 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; 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 and signatures of unidentified scribe; notation in handwriting of Jacob B. Backenstos.
      18 October 1843

      Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for John Morrison and Lewis Evans, Carthage, Hancock Co., IL, 18 Oct. 1843–B

      • 18 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; 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.
      20 October 1843

      Patty Bartlett Sessions, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 20 Oct. 1843–A

      • 20 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; signature of Patty Bartlett Sessions; docket in handwriting of David E. Head; notation in handwriting of Jacob B. Backenstos.
      20 October 1843

      Polly Deuel, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 20 Oct. 1843–B

      • 20 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; signature of Polly Deuel; docket in handwriting of David E. Head; notation in handwriting of Jacob B. Backenstos.
      20 October 1843

      Prudence Marks Miles, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 20 Oct. 1843–C

      • 20 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; signature of Prudence Marks Miles; docket in handwriting of David E. Head; notation in handwriting of Jacob B. Backenstos.
      20 October 1843

      Elizabeth Mallory, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 20 Oct. 1843–D

      • 20 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Elizabeth Mallory; docket and notation in handwriting of Jacob B. Backenstos.
      20 October 1843

      William Brink, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 20 Oct. 1843–E

      • 20 Oct. 1843; Hancock County Legal Papers, 1830–1868, BYU; handwriting of William Marr; signatures of William Brink and David E. Head; docket and notation in handwriting of Jacob B. Backenstos; notation in unidentified handwriting.
      20 October 1843

      Docket Entry, Continuance, Carthage, Hancock Co., IL

      • 20 Oct. 1843; Hancock County Circuit Court Record, vol. D, p. 51, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
    • November (3)
      5 November 1843

      William Brink, Praecipe, Nauvoo, Hancock Co., IL, to Jacob B. Backenstos, Carthage, Hancock Co., IL

      • 5 Nov. 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of William Brink; docket and notation in handwriting of Jacob B. Backenstos.
      25 November 1843

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Lucina Mecham and Fanny Hartshorn, Carthage, Hancock Co., IL, 25 Nov. 1843–A

      • 25 Nov. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of John D. Parker; notation in handwriting of Jacob B. Backenstos.
      25 November 1843

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Robert D. Foster and Others, Carthage, Hancock Co., IL, 25 Nov. 1843–B

      • 25 Nov. 1843; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of John D. Parker; notation in handwriting of Jacob B. Backenstos.
  • 1844 (28)
    • March (4)
      6 March 1844

      George Bachman and Onias Skinner, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • 6 Mar. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; notation in handwriting of Jacob B. Backenstos.
      11 March 1844

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for John Morrison, Carthage, Hancock Co., IL, 11 Mar. 1844–A

      • 11 Mar. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notation printed with manuscript additions in handwriting of William Backenstos; notation in handwriting of Jacob B. Backenstos.
      11 March 1844

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for John F. Weld and Others, Carthage, Hancock Co., IL, 11 Mar. 1844–B

      • 11 Mar. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of William Backenstos; notation in handwriting of Jacob B. Backenstos.
      11 March 1844

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Prudence Marks Miles and Others, Carthage, Hancock Co., IL, 11 Mar. 1844–C

      • 11 Mar. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of William Backenstos; notation printed with manuscript additions in handwriting of Joel Miles; notation in handwriting of Jacob B. Backenstos.
    • May (20)
      18 May 1844

      William Marr on behalf of William Brink, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • 18 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of William Marr; docket in handwriting of Jacob B. Backenstos; notation in handwriting of Jacob B. Backenstos.
      18 May 1844

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Daniel Roberts, Carthage, Hancock Co., IL

      • 18 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of Joel S. Miles.
      20 May 1844

      Jacob B. Backenstos, Attachment, to Hancock Co. Sheriff, for Charles Higbee, Carthage, Hancock Co., IL, 20 May 1844–A

      • 20 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notations probably in handwriting of William Houck.
      20 May 1844

      Jacob B. Backenstos, Attachment, to Hancock Co. Sheriff, for Catharine Wilkey and Others, Carthage, Hancock Co., IL, 20 May 1844–B

      • 20 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in unidentified handwriting; notation in unidentified handwriting with signature of J. M. Spilman.
      20 May 1844

      Jacob B. Backenstos, Attachment, to Hancock Co. Sheriff, for Prudence Marks Miles and Others, Carthage, Hancock Co., IL, 20 May 1844–C

      • 20 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in unidentified handwriting.
      21 May 1844

      Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for E. Chandler and James Singleton, Carthage, Hancock Co., IL

      • 21 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of William Marr and Jacob B. Backenstos; docket printed with manuscript additions in handwriting of William Marr; notations printed with manuscript additions in handwriting of William Backenstos; notation printed with manuscript additions in handwriting of George Stigall.
      22 May 1844

      Patty Bartlett Sessions, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 22 May 1844–A

      • 22 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Patty Bartlett Sessions; docket and notation in handwriting of Jacob Backenstos.
      22 May 1844

      Polly Deuel, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 22 May 1844–B

      • 22 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Polly Deuel; docket and notation in handwriting of Jacob B. Backenstos.
      22 May 1844

      Prudence Marks Miles, Affidavit, Carthage, Hancock Co., IL, 22 May 1844–C

      • 22 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Prudence Marks Miles; docket and notation in handwriting of Jacob B. Backenstos.
      22 May 1844

      Docket Entry, Discharge from Attachment, Carthage, Hancock Co., IL

      • 22 May 1844; Hancock County Circuit Court Record, vol. D, p. 111, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      22 May 1844

      Docket Entry, Jury Impaneled, Carthage, Hancock Co., IL

      • 22 May 1844; Hancock County Circuit Court Record, vol. D, p. 113, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      23 May 1844

      Elizabeth Mallory, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL

      • 23 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Elizabeth Mallory; docket and notation in handwriting of Jacob B. Backenstos.
      23 May 1844

      Timothy Gridley Jr. and Others, Verdict, Carthage, Hancock Co., IL

      • 23 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Timothy Gridley Jr.; signatures of Mark Aldrich, Daniel Beaver, William Welsh, Right Riggins, James Tweed, Lewis Robison, and E. M. Sperry; docket probably in handwriting of Jacob B. Backenstos; notation in handwriting of Jacob B. Backenstos.
      23 May 1844

      Docket Entry, Verdict and Motion, Carthage, Hancock Co., IL

      • 23 May 1844; Hancock County Circuit Court Record, vol. D, p. 114, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      Ca. 23 May 1844

      Marr & Minshall on behalf of William Brink, Motions, Hancock Co., IL

      • Ca. 23 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of William Marr; docket in handwriting of William Marr; notation in handwriting of Jacob B. Backenstos.
      24 May 1844

      Docket Entry, Motions, Carthage, Hancock Co., IL

      • 24 May 1844; Hancock County Circuit Court Record, vol. D, p. [131], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      Ca. 27 May 1844

      Docket Entry, Carthage, Hancock Co., IL

      • Ca. 27 May 1844; Hancock County Circuit Court, Judgment Docket, vol. B, p. 14, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.
      27 May 1844

      Docket Entry, Motions Overruled and Verdict Sustained, Carthage, Hancock Co., IL

      • 27 May 1844; Hancock County Circuit Court Record, vol. D, p. 143, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      Ca. 27 May 1844

      George Bachman, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • Ca. 27 May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Bachman; docket in handwriting of George Bachman.
      Ca. May 1844

      Case File Wrapper, Hancock Co., IL

      • Ca. May 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; docket and notation probably in handwriting of David E. Head; notations probably in handwriting of Jacob B. Backenstos.
    • July (2)
      Ca. 20 July 1844

      Docket Entry, Fee Bill, Carthage, Hancock Co., IL, ca. 20 July 1844–A

      Ca. 20 July 1844

      Docket Entry, Fee Bill, Carthage, Hancock Co., IL, ca. 20 July 1844–B

    • October (2)
      Between 20 July and ca. 18 October 1844

      Docket Entry, Judgment, Carthage, Hancock Co., IL

      • Between 20 July and ca. 18 Oct. 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [152], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head; notation in unidentified handwriting.
      Between 20 July and ca. 18 October 1844

      Docket Entry, Fee Bill, Carthage, Hancock Co., IL

      • Between 20 July and ca. 18 Oct. 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [153], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head; notation in handwriting of David E. Head.
 
Dana v. Brink et al., Hancock Co., Illinois, Circuit Court
  • 1843 (1)
    • May (1)
      16 May 1843

      William Brink and Others, Bond, Copy, Hancock Co., IL, to Charles Dana, Hancock Co., IL

      • 17 Sept. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head; docket in handwriting of David E. Head; notation in handwriting of Jacob B. Backenstos.
  • 1844 (11)
    • September (4)
      17 September 1844

      George Bachman on behalf of Charles Dana, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL, 17 Sept. 1844–A

      • 17 Sept. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Bachman; docket and notation in handwriting of George Bachman; notations in handwriting of Jacob B. Backenstos.
      17 September 1844

      George Bachman on behalf of Charles Dana, Praecipe, to Hancock Co. Circuit Court Clerk, Carthage, Hancock Co., IL, 17 Sept. 1844–B

      • 17 Sept. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Bachman; docket and notation in handwriting of George Bachman; notation in handwriting of Jacob B. Backenstos.
      17 September 1844

      David E. Head on behalf of Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for William Brink and Others, Carthage, Hancock Co., IL

      • 17 Sept. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of Timothy Gridley Jr.; notation printed with manuscript additions in unidentified handwriting; notation in handwriting of Jacob B. Backenstos.
      Ca. 21 September 1844

      George Bachman on behalf of Charles Dana, Declaration, Hancock Co., IL

      • Ca. 21 Sept. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Bachman; docket in handwriting of George Bachman; notation in handwriting of David E. Head.
    • October (3)
      23 October 1844

      Docket Entry, Judgment and Scire Facias, Carthage, Hancock Co., IL

      • 23 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. [189], Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
      Ca. 23 October 1844

      Docket Entry, Carthage, Hancock Co., IL

      Ca. October 1844

      Case File Wrapper, Hancock Co., IL

      • Ca. Oct. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; docket and notations in handwriting of David E. Head.
    • November (2)
      14 November 1844

      George Bachman on behalf of Charles Dana, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • 14 Nov. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Bachman; docket in handwriting of George Bachman; notation in handwriting of Jacob B. Backenstos.
      20 November 1844

      Fieri Facias, Carthage, Hancock Co., IL

    • December (2)
      23 December 1844

      David E. Head, Scire Facias, to Hancock Co. Sheriff, Carthage, Hancock Co., IL

      • 23 Dec. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head; docket in handwriting of David E. Head; notation in handwriting of Miner R. Deming; notation in handwriting of David E. Head.
      Ca. 23 December 1844

      Docket Entry, Carthage, Hancock Co., IL

      • Ca. 23 Dec. 1844; Hancock County Circuit Court, Judgment Docket, vol. B, p. 17, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head.
  • 1845 (4)
    • February (1)
      Between 20 November 1844 and ca. 18 February 1845

      Docket Entry, Fieri Facias, Carthage, Hancock Co., IL

      • Between 20 Nov. 1844 and ca. 18 Feb. 1845; Hancock County Circuit Court, Execution Docket, vol. B, p. [180], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head; notations in handwriting of David E. Head.
    • May (1)
      21 May 1845

      Docket Entry, Alias Scire Facias and Continuance, Carthage, Hancock Co., IL

      • 21 May 1845; Hancock County Circuit Court Record, vol. D, p. 254, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
    • June (1)
      5 June 1845

      David E. Head, Alias Scire Facias, to Hancock Co. Sheriff, Carthage, Hancock Co., IL

      • 5 June 1845; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head; docket in handwriting of David E. Head; notation in handwriting of Miner R. Deming; notation in handwriting of David E. Head.
    • October (1)
      21 October 1845

      Docket Entry, Pluries Scire Facias and Continuance, Carthage, Hancock Co., IL

      • 21 Oct. 1845; Hancock County Circuit Court Record, vol. D, p. 329, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
  • 1846 (5)
    • January (1)
      10 January 1846

      David E. Head, Pluries Scire Facias, to Hancock Co. Sheriff, Carthage, Hancock Co., IL

      • 10 Jan. 1846; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head; docket in handwriting of David E. Head; notation in handwriting of David E. Head; notation probably in handwriting of H. G. Ferris.
    • May (1)
      19 May 1846

      Docket Entry, Alias Pluries Scire Facias, Carthage, Hancock Co., IL

      • 19 May 1846; Hancock County Circuit Court Record, vol. D, p. 393, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
    • October (3)
      19 October 1846

      Docket Entry, Dismissal, Carthage, Hancock Co., IL

      • 19 Oct. 1846; Hancock County Circuit Court Record, vol. D, p. 455, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      Ca. 19 October 1846

      Docket Entry, Carthage, Hancock Co., IL

      • Ca. 19 Oct. 1846; Hancock County Circuit Court, Judgment Docket, vol. C, p. 58, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head.
      Ca. October 1846

      Case File Wrapper, Hancock Co., IL

      • Ca. Oct. 1846; Hancock County Courthouse, Carthage, IL; microfilm at FHL; docket and notation in handwriting of David E. Head.