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Introduction to Niswanger v. Greene

Niswanger v. Greene
Nauvoo, Hancock Co., Illinois, Justice of the Peace Court, 18 December 1840
 
Historical Introduction
In early December 1840, William Niswanger initiated a civil action against to recover a debt. An order from JS was submitted to reduce Greene’s debt in part. , Illinois, justice of the peace issued a writ of for Greene’s arrest that was based upon Niswanger’s oath. Greene was apprehended, but he was released after JS agreed to serve as “” for him, promising to pay the damages and costs if Greene lost the suit and did not pay them himself.
’s docket noted this was an “ bro[ugh]t on Book acc[oun]t” for $71.25. A book account was a statement “showing the debits and credits between” parties that lacked explicit payment conditions or a due date, yet “created obligations for which the law implied a promise to pay.” Niswanger and appeared before Wells on 11 December and declared themselves ready for trial. Several witnesses provided testimony. During the proceedings, Greene presented the court an “order from J Smith for fifty Dollars as a sett off.” If accepted by the court, the order would reduce Greene’s debt from approximately $70 to $20. The order must have caused some concern to Niswanger, as Wells adjourned the proceedings until 18 December to allow him time “to prepare himself for trial.” When court reconvened, Niswanger, through his counsel, “withdrew the suit at his own cost,” as the parties had reached an agreement. The particulars of the agreement are not known.
 
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.
Niswanger v. Greene
Nauvoo, Hancock Co., Illinois, Justice of the Peace Court, 18 December 1840
 
Historical Introduction
In early December 1840, William Niswanger initiated a civil action against to recover a debt. An order from JS was submitted to reduce Greene’s debt in part. , Illinois, justice of the peace issued a writ of for Greene’s arrest that was based upon Niswanger’s oath. Greene was apprehended, but he was released after JS agreed to serve as “” for him, promising to pay the damages and costs if Greene lost the suit and did not pay them himself.
’s docket noted this was an “ bro[ugh]t on Book acc[oun]t” for $71.25. A book account was a statement “showing the debits and credits between” parties that lacked explicit payment conditions or a due date, yet “created obligations for which the law implied a promise to pay.” Niswanger and appeared before Wells on 11 December and declared themselves ready for trial. Several witnesses provided testimony. During the proceedings, Greene presented the court an “order from J Smith for fifty Dollars as a sett off.” If accepted by the court, the order would reduce Greene’s debt from approximately $70 to $20. The order must have caused some concern to Niswanger, as Wells adjourned the proceedings until 18 December to allow him time “to prepare himself for trial.” When court reconvened, Niswanger, through his counsel, “withdrew the suit at his own cost,” as the parties had reached an agreement. The particulars of the agreement are not known.
 
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.
 
  • 1840 (5)
    • December (5)
      Ca. 3 December 1840

      Daniel H. Wells, Capias, for John P. Greene, Nauvoo, Hancock Co., IL

      • Ca. 3 Dec. 1840. Not extant.
      4 December 1840

      JS, Recognizance, Nauvoo, Hancock Co., IL

      • Ca. 3 Dec. 1840. Not extant.
      7 December 1840

      Daniel H. Wells, Subpoena, to Lewis Robison, for David Dort, Nauvoo, Hancock Co., IL

      11 December 1840

      JS, Pay Order, to John P. Greene, Nauvoo, Hancock Co., IL

      Ca. 4–18 December 1840

      Docket Entry, Nauvoo, Hancock Co., IL