Introduction to R. D. Foster v. Hawn

Document Transcript

R. D. Foster v. Hawn
Nauvoo, Hancock Co., Illinois, Justice of the Peace Court, 15 January 1844
 
Historical Introduction
On 15 January 1844, JS testified before of , Illinois, in a debt suit between and James Hawn. Ten days earlier, Foster had sworn a complaint before Johnson regarding a $32 debt Hawn owed him and had requested that Johnson issue a writ of for Hawn’s arrest. Both Foster and Hawn requested Johnson to subpoena several witnesses; JS was subpoenaed to testify on behalf of Hawn, a church member. Although JS testified at the trial on 15 January, the content of his testimony is unknown. After hearing the “proofs and allegations,” Johnson held that Hawn should pay the $32 debt and the $11.77 costs of suit.
 
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.

Footnotes

  1. 1

    Docket Entry, 5–ca. 22 Jan. 1844 [R. D. Foster v. Hawn]; JS, Journal, 15 Jan. 1844. Illinois law permitted Foster to swear under oath that he believed Hawn was likely to flee or abscond with his property to avoid paying the debt. According to state statute, after receiving such an affidavit, the justice of the peace would issue a writ of capias ad respondendum to apprehend the defendant. It is unknown if Foster’s complaint was given in writing. (An Act concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois [1839], pp. 403–404, sec. 4; see also Cotton, Treatise on the Powers and Duties of Justices of the Peace in the State of Illinois, 368–372.)  

    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    Cotton, Henry G. A Treatise on the Powers and Duties of Justices of the Peace in the State of Illinois, with Practical Forms. Ottawa, IL: By the author, 1845.

  2. 2

    McBride, Autobiography, 25.  

    Comprehensive Works Cited

    McBride, James. Autobiography, 1874–1876. Microfilm. CHL. MS 8201.

  3. 3

    Docket Entry, 5–ca. 22 Jan. 1844 [R. D. Foster v. Hawn]; JS, Journal, 15 Jan. 1844.  

  4. 4

    Docket Entry, 5–ca. 22 Jan. 1844 [R. D. Foster v. Hawn].  

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