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Introduction to Dana v. Brink Bond, 16 May 1843, Copy [Dana v. Brink et al.] Praecipe, 17 September 1844–A [Dana v. Brink et al.] Praecipe, 17 September 1844–B [Dana v. Brink et al.] Summons, 17 September 1844 [Dana v. Brink et al.] Declaration, circa 21 September 1844 [Dana v. Brink et al.] Docket Entry, Judgment and Scire Facias, 23 October 1844 [Dana v. Brink et al.] Case File Wrapper, circa October 1844 [Dana v. Brink et al.] Praecipe, 14 November 1844 [Dana v. Brink et al.] Docket Entry, Fieri Facias, between 20 November 1844 and circa 18 February 1845 [Dana v. Brink et al.] Scire Facias, 23 December 1844 [Dana v. Brink et al.] Docket Entry, circa 23 December 1844 [Dana v. Brink et al.] Docket Entry, Alias Scire Facias and Continuance, 21 May 1845 [Dana v. Brink et al.] Alias Scire Facias, 5 June 1845 [Dana v. Brink et al.] Docket Entry, Pluries Scire Facias and Continuance, 21 October 1845 [Dana v. Brink] Pluries Scire Facias, 10 January 1846 [Dana v. Brink et al.] Docket Entry, Alias Pluries Scire Facias, 19 May 1846 [Dana v. Brink et al.] Docket Entry, Dismissal, 19 October 1846 [Dana v. Brink et al.] Docket Entry, circa 19 October 1846 [Dana v. Brink et al.] Case File Wrapper, circa October 1846 [Dana v. Brink et al.]

Alias Scire Facias, 5 June 1845 [Dana v. Brink et al.]

Source Note

David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

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,
Alias

“Otherwise called”; a word that is “prefixed to the name of a second writ of the same kind issued in the same cause,” such as alias fieri facias.

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Scire Facias

A writ “founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the advantage of such record.” Examples of its use were to revive a judgment not yet executed, “in order to give an opportunity to the defendant ...

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, to
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
Sheriff [
Miner R. Deming

24 Feb. 1810–10 Sept. 1845. Teacher, farmer. Born in Sharon, Litchfield Co., Connecticut. Son of Stephen Deming and Sarah Buel. Moved to Cincinnati, 1836. Married Abigail Barnum, 2 Aug. 1836, in Danbury, Fairfield Co., Connecticut. Moved to St. Mary’s Township...

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],
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
, Hancock Co., IL, 5 June 1845, Dana v. Brink et al. (Hancock Co., IL, Circuit Court 1844); handwriting of
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

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; docket by
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

View Full Bio
, [
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
, Hancock Co., IL], [5 June 1845]; notation by
Miner R. Deming

24 Feb. 1810–10 Sept. 1845. Teacher, farmer. Born in Sharon, Litchfield Co., Connecticut. Son of Stephen Deming and Sarah Buel. Moved to Cincinnati, 1836. Married Abigail Barnum, 2 Aug. 1836, in Danbury, Fairfield Co., Connecticut. Moved to St. Mary’s Township...

View Full Bio
, [
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, IL], 23 June 1845; notation by
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

View Full Bio
, [
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
, Hancock Co., IL], 27 June 1845; three pages; Hancock County Courthouse, Carthage, IL; microfilm at FHL. Includes seal.

Historical Introduction

See Introduction to Dana v. Brink.

Page [2]

Which said Judgment still remains unsatisfied as we are informed by the said
Charles R Dana

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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, We therefore Command you as we have before Commanded you to make known to, and that you summon the said
William B, Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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and
Moses Smith

23 Mar. 1800–15 May 1849. Frontiersman, postmaster, merchant, lumberman. Born in Bennington Co., Vermont. Married Lydia Perce, 1825, in Madison Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 19 Aug. 1832. Credited with settling ...

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, that they be and appear before our said Circuit Court on the first day of the special Term thereof, to be holden at the Court House in
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
on the first Tuesday after the fourth Monday in <​the month of​> June Inst (AD 1845) to show Cause if any they have why they should not be made parties defendants to the Judgment aforesaid, and why
Execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

View Glossary
should not issue against them for the amount thereof agreeable to the Statute in such Case made and provided: And further to do and receive whatever our said Court shall then and there consider of them in this behalf, and have you then there this writ and make return thereon in what manner you execute the same
[Seal]
Witness
David E Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

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clerk of Our said Circuit Court and the seal thereof at
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
this 5th day of June AD 1845
David E Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

View Full Bio
clerk [p. [2]]
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Page [2]

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Related Case Documents
Editorial Title
Alias Scire Facias, 5 June 1845 [Dana v. Brink et al.]
ID #
5958
Total Pages
3
Print Volume Location
Handwriting on This Page
  • David E. Head

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