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Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS Praecipe, 1 September 1845 [Babbitt Guardian of James Lawrence et al. v. William Law et al.] Summons, 1 September 1845 [Babbitt Guardian of James Lawrence et al. v. William Law et al.] Docket Entry, Nonsuit, 23 October 1845 [Babbitt Guardian of James Lawrence et al. v. William Law et al.] Docket Entry, circa 23 October 1845 [Babbitt Guardian of James Lawrence et al. v. William Law et al.] Case File Wrapper, circa October 1845 [Babbitt Guardian of James Lawrence et al. v. William Law et al.]

Docket Entry, Nonsuit, 23 October 1845 [Babbitt Guardian of James Lawrence et al. v. William Law et al.]

Source Note

Docket Entry, Nonsuit, [
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, 23 Oct. 1845], Babbitt Guardian of James Lawrence et al. v. William Law et al. (Hancock Co., IL, Circuit Court 1846); Hancock County Circuit Court Record, vol. D, p. 356; unidentified handwriting; Hancock County Courthouse, Carthage, IL; microfilm at FHL.

Historical Introduction

See Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS.

Page 356

118
A[lmon] W. Babbitt

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

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. Guardian for the heirs of
Edward Lawrence

ca. 1800–1839. Born in New York. Son of John Lawrence and Letitia. Moved to Pickering, York Co. (later in Ontario), Upper Canada, by 1811. Married Margaret Major, ca. 1822, in Ontario. Baptized into Church of Jesus Christ of Latter-day Saints, 1837, in Ontario...

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decd.)
vs)
Debt

A fixed and specific sum of money due by agreement, as proved by a matter of record and not dependent upon any future determination. It is normally discharged by payment.

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.
William Law

8 Sept. 1809–12/19 Jan. 1892. Merchant, millwright, physician. Born in Co. Tyrone, Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co...

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J[oseph] W Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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. A.D.M.R. [administrator] for the Estate)
of Joseph <​Smith​> Decd. and
Mary [Fielding] Smith

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adm[inistratrix]x. of)
Hiram [Hyrum] Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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deceased.)
This day came the
plaintiff

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

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in proper person, and thereupon came
J. W. Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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and entered his appearance herein whereupon the said defendents being called came not but made
default

Neglecting to perform a legal obligation. In a judicial proceeding, the nonappearance of a defendant in the time required by law, resulting in a default judgment. A similar nonappearance of a plaintiff may result in a nonsuit.

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, whereupon it is ordered that the
plaintiff

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

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have and recover of the defendents his damages, and as those damages are unknown to the court, it is ordered that a
writ of enquiry

A writ to carry out an interlocutory judgment, commanding a sheriff or deputy to inquire into the amount of damages by the oath or affirmation of twelve men in the county. The inquisition, when made, was returned to the court.

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be awarded herein, thereupon came the Jurors of a Jury summoned in pursuance of said writ of enquiry to wit. <​x​>
Jesse P. Harman [Harmon]

11 Aug. 1795–24 Dec. 1877. Policeman, alderman, farmer. Born in Rupert, Bennington Co., Vermont. Son of Martin Harmon and Triphina Pool. Moved to Lewis, Essex Co., Vermont, ca. 1801. Served in War of 1812. Moved to Castleton, Rutland Co., Vermont, June 1813...

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, <​x​>
Sydney [Sidney] A Knowlton

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<​x​>
James Huntsman

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, <​x​> C. C. Main, <​x​> Peter Brean, <​x​>
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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, <​x​> Clark S. Faban, <​x​> John Stiles, <​x​>
George W. Stigall

17 Mar. 1805–24 Sept. 1875. Coroner, sheriff, jailer. Born in Lincoln Co., Kentucky. Married first wife, before 1830. Moved to Hancock Co., Illinois, 1835. Moved to Carthage, Hancock Co., 1838. Appointed deputy sheriff of Hancock Co., in 1839. Elected coroner...

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, <​x​> E B. Rose. <​x​>
Allen Taylor

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<​x​> & E [lam] S. Freeman who being elected try <​tried​> and sworne, well and truly to assess the damages herein the
plaintiff

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

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takes a
nonsuit

“A judgment given against a plaintiff, when he is unable to prove his case, or when he refuses or neglects to proceed to trial of a cause after it has been put at issue, without determining such issue.”

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, whereupon it is ordered that the defendents have and recover of the Plaintiffs their costs by them in this behalf expended and that they have
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...

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therefor [p. 356]
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Page 356

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Related Case Documents
Editorial Title
Docket Entry, Nonsuit, 23 October 1845 [Babbitt Guardian of James Lawrence et al. v. William Law et al.]
ID #
19306
Total Pages
1
Print Volume Location
Handwriting on This Page
  • Unidentified

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