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Introduction to Sweeney v. Miller et al.

Sweeney v. Miller, JS, H. Smith, and Haws
Hancock Co., Illinois, Circuit Court, 5 May 1842
 
Historical Introduction
On 7 April 1842, Hugh J. Sweeney, by his attorney Guy C. Sampson, commenced a civil suit against , JS, , and in the circuit court of , Illinois, for nonpayment of a debt. In September 1840, JS and the other men had purchased from the government the steamboat Des Moines, which they renamed Nauvoo. In fall 1840, the steamboat ran aground and was severely damaged. JS and his partners contracted with Sweeney in November 1840 to provide unknown goods or services in relation to the steamboat. On 16 April 1841, Haws, who was noted as “master” of the boat, signed a promissory note in , Missouri, promising to pay Sweeney fifty-six dollars “for value rec[eive]d by Steam Boat Navoo,” payable in sixty days. The note named Miller, JS, and Hyrum Smith, likely in relation to the 1840 debt, though they may also have been listed as sureties on the note.
A year after signed the note, it remained unpaid. Sweeney initiated the suit on 7 April 1842 in the Circuit Court as an assumpsit action, claiming $150 in damages. Sampson also filed a with the court binding himself, on Sweeney’s behalf, to cover the costs that would accrue in the case. The court issued a summons for the defendants, instructing them to appear at the courthouse in , Illinois, for the trial at the May 1842 term. On 19 April, Sampson filed a summarizing the debt. This included the promissory note Haws signed, its conditions, and the failure of the defendants to pay. When the case came before the court on 5 May 1842, the defendants were not present. Upon their default, the court entered judgment in favor of Sweeney and awarded him $58.97 in damages plus court costs. In August 1845, after three years of unsuccessful attempts to collect the judgment, Sampson, on behalf of Sweeney, assigned it to for $50. In April 1846, Backenstos assigned the judgment to church trustees , , and . The judgment was finally paid in May 1846 when land owned by Haws was auctioned and sold.
 
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.
Sweeney v. Miller, JS, H. Smith, and Haws
Hancock Co., Illinois, Circuit Court, 5 May 1842
 
Historical Introduction
On 7 April 1842, Hugh J. Sweeney, by his attorney Guy C. Sampson, commenced a civil suit against , JS, , and in the circuit court of , Illinois, for nonpayment of a debt. In September 1840, JS and the other men had purchased from the government the steamboat Des Moines, which they renamed Nauvoo. In fall 1840, the steamboat ran aground and was severely damaged. JS and his partners contracted with Sweeney in November 1840 to provide unknown goods or services in relation to the steamboat. On 16 April 1841, Haws, who was noted as “master” of the boat, signed a promissory note in , Missouri, promising to pay Sweeney fifty-six dollars “for value rec[eive]d by Steam Boat Navoo,” payable in sixty days. The note named Miller, JS, and Hyrum Smith, likely in relation to the 1840 debt, though they may also have been listed as sureties on the note.
A year after signed the note, it remained unpaid. Sweeney initiated the suit on 7 April 1842 in the Circuit Court as an assumpsit action, claiming $150 in damages. Sampson also filed a with the court binding himself, on Sweeney’s behalf, to cover the costs that would accrue in the case. The court issued a summons for the defendants, instructing them to appear at the courthouse in , Illinois, for the trial at the May 1842 term. On 19 April, Sampson filed a summarizing the debt. This included the promissory note Haws signed, its conditions, and the failure of the defendants to pay. When the case came before the court on 5 May 1842, the defendants were not present. Upon their default, the court entered judgment in favor of Sweeney and awarded him $58.97 in damages plus court costs. In August 1845, after three years of unsuccessful attempts to collect the judgment, Sampson, on behalf of Sweeney, assigned it to for $50. In April 1846, Backenstos assigned the judgment to church trustees , , and . The judgment was finally paid in May 1846 when land owned by Haws was auctioned and sold.
 
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.
 
 
Hancock Co., Illinois, Circuit Court
  • 1842 (14)
    • April (4)
      7 April 1842

      Guy C. Sampson on behalf of Hugh J. Sweeney, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • 7 Apr. 1842; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Guy C. Sampson; docket and notation in handwriting of Jacob Davis.
      7 April 1842

      Guy C. Sampson, Recognizance, Hancock Co., IL

      • 7 Apr. 1842; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Guy C. Sampson; docket and notation in handwriting of Jacob Davis.
      Ca. 7 April 1842

      Jacob Davis, Summons, to Hancock Co. Sheriff, for George Miller and Others, Carthage, Hancock Co., IL

      Ca. 18 April 1842

      Guy C. Sampson on behalf of Hugh J. Sweeney, Declaration, Hancock Co., IL

    • May (1)
      5 May 1842

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

      • 5 May 1842; Hancock County Circuit Court Record, vol. C, p. 262, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
    • August (1)
      15 August 1842

      M. Avise on behalf of Jacob Davis, Scire Facias, to Hancock Co. Sheriff, Carthage, Hancock Co., IL

      • 15 Aug. 1842; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of M. Avise; docket in handwriting of M. Avise; notations in handwriting of Jacob B. Backenstos.
      • Ca. 23 Sept. 1842. Not extant.
    • September (1)
      Between 16 August and ca. 27 September 1842

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

      • Between 16 Aug. and ca. 27 Sept. 1842; Hancock County Circuit Court, Execution Docket, vol. B, p. [12], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of unidentified scribe and M. Avise.
    • October (7)
      Ca. 2 October 1842

      George Miller, Pleas, Hancock Co., IL

      3 October 1842

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

      • 3 Oct. 1842; Hancock County Circuit Court Record, vol. C, p. 325, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of S. Otho Williams.
      Ca. 3 October 1842

      Guy C. Sampson on behalf of Hugh J. Sweeney, Replication, Hancock Co., IL

      4 October 1842

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

      • 4 Oct. 1842; Hancock County Circuit Court Record, vol. C, p. 339, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of S. Otho Williams.
      5 October 1842

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

      • 5 Oct. 1842; Hancock County Circuit Court Record, vol. C, p. 348, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of S. Otho Williams.
      5 October 1842

      Execution, Carthage, Hancock Co., IL

      Ca. 5 October 1842

      Docket Entry, Carthage, Hancock Co., IL

      • Ca. 5 Oct. 1842; Hancock County Circuit Court, Judgment Docket, Oct. 1841–Oct. 1842, p. [77], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.
  • 1843 (3)
  • 1844 (3)
    • January (1)
      15 January 1844

      Guy C. Sampson on behalf of Hugh J. Sweeney, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • 15 Jan. 1844; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Guy C. Sampson; docket and notation in handwriting of Jacob B. Backenstos; notation probably in handwriting of David E. Head.
    • February (1)
      5 February 1844

      Pluries Fieri Facias, to Hancock Co. Sheriff, Carthage, Hancock Co., IL

    • May (1)
      Between 3 April and ca. 4 May 1844

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

      • Between 3 Apr. and ca. 4 May 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [112], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.
  • 1845 (6)
    • April (1)
      17 April 1845

      Fee Bill, Carthage, Hancock Co., IL

    • July (1)
      Between 17 April and 16 July 1845

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

      • Between 17 Apr. and 16 July 1845; Hancock County Circuit Court, Execution Docket, vol. B, p. [255], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head.
    • August (1)
      14 August 1845

      Guy C. Sampson, Assignment of Judgment, to William Backenstos, Richmond, Chittenden Co., VT

      • 14 Aug. 1845; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Guy C. Sampson; docket in unidentified handwriting; notation in handwriting of David E. Head.
    • November (2)
      12 November 1845

      William M. King Jr. on behalf of Guy C. Sampson, Receipt, Plymouth, Hancock Co., IL, to William Backenstos

      • 12 Nov. 1845; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Guy C. Sampson; signature of William M. King Jr.; notation in unidentified handwriting; docket probably in handwriting of David E. Head; notation in handwriting of David E. Head.
      28 November 1845

      William Backenstos, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • 28 Nov. 1845; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of William Backenstos; docket and notations in handwriting of David E. Head.
    • December (1)
      11 December 1845

      Venditioni Exponas, Carthage, Hancock Co., IL

  • 1846 (3)
    • March (1)
      Between 16 December 1845 and ca. 11 March 1846

      Docket Entry, Venditioni Exponas, Carthage, Hancock Co., IL

      • Between 16 Dec. 1845 and ca. 11 Mar. 1846; Hancock County Circuit Court, Execution Docket, vol. C, p. [8], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.
    • April (1)
      4 April 1846

      William Backenstos, Assignment of Judgment, to Almon Babbitt and Others, Hancock Co., IL

      • 4 Apr. 1846; microfilm in Circuit Court Case Files, 1830–1900, CHL; unidentified handwriting; signatures of William Backenstos, James Whitehead, and John McEwan; docket in unidentified handwriting; docket in second unidentified handwriting; notation in handwriting of David E. Head.
    • May (1)
      4 May 1846

      Jacob B. Backenstos, Certificate, Hancock Co., IL

      • 4 May 1846. Not extant.
      • 4 May 1846; microfilm 4,661,986 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 handwriting of A. W. Blakesley; notation presumably in handwriting of Melgar Couchman.
      • Ca. 4 May 1846. Not extant.
  • 1847 (1)
    • August (1)
      5 August 1847

      Melgar Couchman, Deed for Property in Hancock Co., IL, to John Green

      • 5 Aug. 1847. Not extant.
      • 5 Aug. 1847; Hancock County Deed Record, 1817–1917, vol. S, p. 470; microfilm at FHL; unidentified handwriting.