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Introduction to M. F. Thompson v. F. Dixon and E. Dixon Docket Entry, 1–ca. 6 April 1843 [M. F. Thompson v. F. Dixon and E. Dixon] Praecipe, circa 24 April 1843 [M. F. Thompson v. F. Dixon and E. Dixon] Subpoena, 25 April 1843 [M. F. Thompson v. F. Dixon and E. Dixon] Summons, 26 April 1843 [M. F. Thompson v. F. Dixon and E. Dixon] Supersedeas, 26 April 1843 [M. F. Thompson v. F. Dixon and E. Dixon] Agreement, 10 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon] Docket Entry, Dismissal, 17 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon] Docket Entry, circa 17 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon] Docket Entry, Fieri Facias, between 18 September and circa 17 December 1843 [M. F. Thompson v. F. Dixon and E. Dixon]

Introduction to M. F. Thompson v. F. Dixon and E. Dixon

Page

M. F. Thompson v. F. Dixon and E. Dixon
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 6 April 1843
Hancock Co., Illinois, Circuit Court, 17 May 1843
 
Historical Introduction
In early April 1843,
Mercy Fielding Thompson

15 June 1807–15 Sept. 1893. Born in Honeydon, Bedfordshire, England. Daughter of John Fielding and Rachel Ibbotson. Immigrated to Upper Canada, 1832. Baptized into Church of Jesus Christ of Latter-day Saints by Parley P. Pratt, 21 May 1836, near Toronto. ...

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commenced an action in
assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money, but not done under seal or by matter of record. Assumpsit was a form of trespass on the case.

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to recover payment of a debt owed her by Francis and Elizabeth Dixon. The particulars of the debt are unknown.
1

As a widow, Thompson was not bound by legal practice at the time that did not allow married women to bring actions in their own name. It is possible the Dixons owed her for lodging. Before the death of her husband, Robert, in 1841, Thompson rented to boarders to help pay family expenses. (See Swan, Practice in Civil Actions, 1:53; Stephen, Treatise on the Principles of Pleading in Civil Actions, 152; and Thompson, Autobiographical Sketch, 6.)


Comprehensive Works Cited

Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

Stephen, Henry John, and Francis J. Troubat. A Treatise on the Principles of Pleading in Civil Actions; Comprising a Summary View of the Whole Proceedings in a Suit at Law. 2nd American ed. Philadelphia: Robert H. Small, 1831.

Thompson, Mercy Rachel Fielding. Autobiographical Sketch, 1880. CHL. MS 4580.

JS, presiding over this case as a justice of the peace in the mayor’s court in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, Illinois,
2

The Nauvoo charter provided that the mayor “shall have all the powers of Justices of the Peace therein, both in civil and criminal cases.” (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)


issued a summons for the Dixons on 1 April and scheduled the trial for 8 April. Sometime between 1 and 5 April, Thompson swore an oath in which she expressed her concern that there was a risk of her claim being lost unless the Dixons were apprehended.
3

Illinois law authorized plaintiffs to state, under oath, the danger of losing a debt and the cause of that danger. If the justice found reason to accept the claim, then a writ of capias ad respondendum would be issued for the defendant’s arrest. (An Act concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 403, sec. 4.)


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.

JS dismissed the summons and instead issued a
capias ad respondendum

Latin for “that you take until answer”; a writ commanding an officer to arrest a defendant to answer the plaintiff’s plea. A defendant arrested on this writ was committed to prison unless a bail bond was given. The amount of bail would be endorsed on the ...

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for their arrest. The couple were taken into custody on 5 April and the trial was held the next day. Six witnesses testified for Thompson, while two testified on the Dixons’ behalf. JS ruled in Thompson’s favor, awarding her $17.87½.
4

Docket Entry, 1–ca. 6 Apr. 1843 [M. F. Thompson v. F. Dixon and E. Dixon]; Summons, 26 Apr. 1843 [M. F. Thompson v. F. Dixon and E. Dixon].


The Dixons appealed to the
Hancock County

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 ...

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Circuit Court 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...

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, Illinois, with the appeal scheduled for the May 1843 term. On 26 April, the circuit court ordered JS to suspend proceedings until the appeal was resolved. However, on 10 May, before the trial commenced, the parties settled their differences, with the Dixons paying the judgment in the lower court and agreeing to pay the costs accrued during the appeal, while
Thompson

15 June 1807–15 Sept. 1893. Born in Honeydon, Bedfordshire, England. Daughter of John Fielding and Rachel Ibbotson. Immigrated to Upper Canada, 1832. Baptized into Church of Jesus Christ of Latter-day Saints by Parley P. Pratt, 21 May 1836, near Toronto. ...

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agreed to pay the costs of the initial suit before JS.
5

Agreement, 10 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon].


On 17 May, the circuit court dismissed the suit.
6

Docket Entry, Dismissal, 17 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon]. The costs of the initial suit were $8.75. The costs for the appeal were approximately $25.57. Hancock County sheriff William Backenstos reported in December 1843 that the Dixons had paid the costs of the appeal, while Thompson had not yet paid the costs of the initial suit. (Docket Entry, ca. 17 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon]; Docket Entry, Fieri Facias, between 18 Sept. and ca. 17 Dec. 1843 [M. F. Thompson v. F. Dixon and E. Dixon].)


 
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.
 
Nauvoo, Hancock Co., Illinois, Mayor’s Court

1843 (5)

April (5)

1 April 1843

Summons, Nauvoo, Hancock Co., IL

  • 1 Apr. 1843. Not extant.
    1

    See Docket Entry, 1–ca. 6 Apr. 1843 [M. F. Thompson v. F. Dixon and E. Dixon].


Ca. 4 April 1843

Mercy Fielding Thompson, Affidavit, Nauvoo, Hancock Co., IL

  • Ca. 4 Apr. 1843. Not extant.
    1

    See Docket Entry, 1–ca. 6 Apr. 1843 [M. F. Thompson v. F. Dixon and E. Dixon].


5 April 1843

Capias ad Respondendum, Nauvoo, Hancock Co., IL

  • 5 Apr. 1843. Not extant.
    1

    See Docket Entry, 1–ca. 6 Apr. 1843 [M. F. Thompson v. F. Dixon and E. Dixon].


1–ca. 6 April 1843

Docket Entry, Nauvoo, Hancock Co., IL

  • 1–ca. 6 Apr. 1843. Not extant.
  • 18 Apr. 1843; private possession; handwriting of Willard Richards; docket in handwriting of Willard Richards; docket and notation in handwriting of Jacob B. Backenstos.
    1

    This certified copy of the docket entry was filed with the Hancock County Circuit Court on 25 April 1843.


Between 1 and 6 April 1843

Mercy Fielding Thompson, Bill, Nauvoo, Hancock Co., IL

  • Between 1 and 6 Apr. 1843 . Not extant.
    1

    See Docket Entry, 1–ca. 6 Apr. 1843 [M. F. Thompson v. F. Dixon and E. Dixon].


 
Hancock Co., Illinois, Circuit Court

1843 (13)

April (5)

1–ca. 6 April 1843

Docket Entry, Copy, Nauvoo, Hancock Co., IL

  • 18 Apr. 1843; private possession; handwriting of Willard Richards; docket in handwriting of Willard Richards; docket and notation in handwriting of Jacob B. Backenstos.
    1

    This represents the certified copy of the mayor’s court docket entry filed with the Hancock County Circuit Court.


Ca. 24 April 1843

George Bachman on behalf of Francis Dixon and Elizabeth Dixon, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • Ca. 24 Apr. 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; handwriting of George Bachman; docket in unidentified handwriting; notation in handwriting of Jacob B. Backenstos; notation in unidentified handwriting.
25 April 1843

Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Francis Dixon Jr. and Others, Carthage, Hancock Co., IL

  • 25 Apr. 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notations printed with manuscript additions in handwriting of William Backenstos.
26 April 1843

Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for Mercy Fielding Thompson and Elizabeth Dixon, Carthage, Hancock Co., IL

  • 26 Apr. 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notations printed with manuscript additions in handwriting of William Backenstos.
26 April 1843

Jacob B. Backenstos, Supersedeas, to JS as Justice of the Peace, Carthage, Hancock Co., IL

  • 26 Apr. 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; printed form with manuscript additions in handwriting of Jacob B. Backenstos and unidentified scribe; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notations printed with manuscript additions in handwriting of William Backenstos.

May (6)

10 May 1843

Francis Dixon, Agreement, with Mercy Fielding Thompson, Hancock Co., IL

  • 10 May 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; handwriting of Onias Skinner; signatures presumably of Francis Dixon and Mercy Fielding Thompson; docket and notation in handwriting of M. Avise.
    1

    Onias Skinner addressed the agreement to a Nauvoo attorney with the surname Mifflin, who apparently filed the agreement with the Hancock County Circuit Court.


Ca. 16 May 1843

Motion, Hancock Co., IL

  • Ca. 16 May 1843. Not extant.
    1

    See Docket Entry, Dismissal, 17 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon].


17 May 1843

Docket Entry, Dismissal, Carthage, Hancock Co., IL

  • 17 May 1843; Hancock County Circuit Court Record, vol. C, p. 426, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 17 May 1843

Fee Bill, Carthage, Hancock Co., IL

  • Ca. 17 May 1843. Not extant.
    1

    See Docket Entry, Fieri Facias, between 18 Sept. and ca. 17 Dec. 1843 [M. F. Thompson v. F. Dixon and E. Dixon].


Ca. 17 May 1843

Docket Entry, Fee Bill, Carthage, Hancock Co., IL

  • Ca. 17 May 1843; Hancock County Circuit Court, Fee Book G, p. 102. Not extant.
    1

    See Docket Entry, ca. 17 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon].


Ca. 17 May 1843

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 17 May 1843; Hancock County Circuit Court, Judgment Docket, vol. B, p. 32, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.

September (1)

18 September 1843

Fieri Facias, Carthage, Hancock Co., IL

  • 18 Sept. 1843. Not extant.
    1

    See Docket Entry, Fieri Facias, between 18 Sept. and ca. 17 Dec. 1843 [M. F. Thompson v. F. Dixon and E. Dixon].


December (1)

Between 18 September and ca. 17 December 1843

Docket Entry, Fieri Facias, Carthage, Hancock Co., IL

  • Between 18 Sept. and ca. 17 Dec. 1843; Hancock County Circuit Court, Execution Docket, vol. B, p. [95], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head.
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Related Case Documents
Editorial Title
Introduction to M. F. Thompson v. F. Dixon and E. Dixon
ID #
17256
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      As a widow, Thompson was not bound by legal practice at the time that did not allow married women to bring actions in their own name. It is possible the Dixons owed her for lodging. Before the death of her husband, Robert, in 1841, Thompson rented to boarders to help pay family expenses. (See Swan, Practice in Civil Actions, 1:53; Stephen, Treatise on the Principles of Pleading in Civil Actions, 152; and Thompson, Autobiographical Sketch, 6.)

      Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

      Stephen, Henry John, and Francis J. Troubat. A Treatise on the Principles of Pleading in Civil Actions; Comprising a Summary View of the Whole Proceedings in a Suit at Law. 2nd American ed. Philadelphia: Robert H. Small, 1831.

      Thompson, Mercy Rachel Fielding. Autobiographical Sketch, 1880. CHL. MS 4580.

    2. [2]

      The Nauvoo charter provided that the mayor “shall have all the powers of Justices of the Peace therein, both in civil and criminal cases.” (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)

    3. [3]

      Illinois law authorized plaintiffs to state, under oath, the danger of losing a debt and the cause of that danger. If the justice found reason to accept the claim, then a writ of capias ad respondendum would be issued for the defendant’s arrest. (An Act concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 403, sec. 4.)

      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.

    4. [4]

      Docket Entry, 1–ca. 6 Apr. 1843 [M. F. Thompson v. F. Dixon and E. Dixon]; Summons, 26 Apr. 1843 [M. F. Thompson v. F. Dixon and E. Dixon].

    5. [5]

      Agreement, 10 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon].

    6. [6]

      Docket Entry, Dismissal, 17 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon]. The costs of the initial suit were $8.75. The costs for the appeal were approximately $25.57. Hancock County sheriff William Backenstos reported in December 1843 that the Dixons had paid the costs of the appeal, while Thompson had not yet paid the costs of the initial suit. (Docket Entry, ca. 17 May 1843 [M. F. Thompson v. F. Dixon and E. Dixon]; Docket Entry, Fieri Facias, between 18 Sept. and ca. 17 Dec. 1843 [M. F. Thompson v. F. Dixon and E. Dixon].)

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