Docket Entry, 23–circa 24 November 1843 [State of Illinois v. Finch on Habeas Corpus]

  • Source Note
  • Historical Introduction

Document Transcript

Municipal Court
State of Illinois) ss. [scilicet]
City of )
On , November 23d. A. D. 1843.
Habeus Corpus $.50
<​allowed Sheriff—​> <​1.00​>
Docketing suit .12½
Subpoena ,25
Service on Subpoena ,94
issued ,25
Docket fee 3,00
Swearing Witnesses ,31 <​,43¾​>
Marshal’s fees 3,55
Associate Justi[c]es fees 15.00 <​13.75​>
<​Entering final Judgment​> 25 <​25​>
Costs— $24,30¼
This day came , and upon the reading and filing the petition for a writ of Habeus Corpus to be directed to one to have forthwith before the Municipal Court, the body of said , upon said Writ of Habeus Corpus: said Writ of Habeus Corpus was issued by the , in accordance with the prayer of the petitioner.
Friday Morning 10 o’clock November 24th 1843
Special Term.
Present Joseph Smith Chief Justice, Aldermen , , , , , and . Associate Justices,
The made his return on the original Writ, which Writ, with the return thereon is now on file.
made his return on the copy of the original writ served on him, with the body of the prisoner before the court, which copy with the return is now on file.
A copy of the commitment by which the commitment by which the was held in custody; together with the petition, are on file,
Then came the petitioner by his Attorney and moved the court to dispense with the errors of the original papers, and proceed to trial on the merits of the cause, which was objected to by the city Attorney . Court decided ther to hear the whole matter.
The City Attorney, , moved <​for​> a . The court decided that the was out of his place, and <​that​> his motion could not be carried.
, Major Russel, , and sworn and testified: also , & Henry Marr. Sworn
Attachment was issued for Mrs Elvira Davis; but <​she was​> not found.
Court adjourned for dinner at 1¼. o clock P.M. until 3. Court met at 3 o’clock P.M. according to adjournment. As in the morning except . who was absent. [p. 89]
After hearing the evidence in support of said Peti[ti]on, <​and [4 words illegible] being offered​> It was <​is​> ordered by the court that the petioned <​petioner​> be honorably discharged on the merits of the case, and . And it is further ordered by the court that pay the costs of this suit, as it appears from the testimony that this suit was caused by a vexatious and malicious suit, on the part of said .
issued vs December 15[th]. 1843 $24.30¼.
January 17 [3 words illegible] returned, January 29[th]. 1844. Satisfied.— 24.30¼ Excution on file. The fees paid to their respective claimants [p. 90]


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    Notations in handwriting of Willard Richards.