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

  • Source Note
  • Historical Introduction

Document Transcript

Municipal Court
State of Illinois) sc[ilice]t.
City of )
On Habeus corpus May 7 <​6​>th 1844
Docketing .12½
Habeus corpus .50
Calling Court. 1.00
Service of writ &c. .55
Sheriffs fees. <​allowed for returning prisoner​> 2.00
Subpoena issued .25
Summons for Court .25
Serving Subpoena. 1.60
Notice To .30 <​.25​>
Service of notice .30
Swearing 9. witnesse .56¼
9 Witness[e]s fees— 4.50
Justices fees. 18.75 <​23.75​>
Entering final jud[g]ment 25
<​return of Execution​> <​12½​>
<​Marshalls fee​> <​50​>
This day came Joseph Smith Senior and upon the reading and filing the petition for a writ of Habeus Corpus to be directed to one Deputy Sheriff of to have forthwith before the Municipal Court the body of the said Joseph Smith Senior upon said writ; Said writ of Habeus Corpus was issued by the clerk in accordence with the prayer of the Petitioner
May Term.— Monday May 6th. 1844. 10 oclk A.M. Present Joseph Smith chief Justice. Aldermen and associate. Justices, Adjourned to May 7th 10 o clock A. M.—
May 7th. 1844. 10 oclok A.M.
Present. Joseph Aldermen and .— Adjourned until Wednesday May 8th 1844 10, oclck. A.M.—
May 8th. 1844 10 oclock A.M.—
Present Aldemen , , . , , , , & , was elected President pro tem.
Exparte. Joseph Smith Senior on Habeus Corpus
This case came before the Court upon a return to a writ of Habeus corpus, which was issued by this court, on the sixth of May instant, which writ, with the return of <​thereon​> by to whom was Committed the Service is on file in the Clerk’s office.
The Petition of said Joseph Smith for said writ, is on file, together with a copy of “the “.” from the Circuit Court, dated May 1st 1844, <​on complaint <​Action​> of ,​> by which said Joseph Smith was arrested. also the copy of the Habeus Corpus. and return thereon with the body of the before the court,— Subpoena issued
Seasonable Notice was given of the issueing of the Habeus Corpus. and of his privilege to appear before said court and shew cause why said Joseph Smith Senior should not be discharged, which notice with the return thereon is on file. Said did not appear on the Trial.
The petitioner, Joseph Smith Senior, moved to waive the illegality of the papers and proceed to trial on the merits of the case, which motion was sustained by the Court
(carr[i]ed over)— [p. 95]
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]


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    Insertions in handwriting of Thomas Bullock.  

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    Notation in handwriting of Willard Richards.  

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    Notation in handwriting of Thomas Bullock.