Docket Entry, Nonsuit and Withdrawal of Papers, 21 May 1845 [Phelps, Assignee of JS v. Wilson Law]

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Introduction to Phelps, Assignee of JS v. Wilson Law Promissory Note from Wilson Law, 24 January 1842–A Promissory Note from Wilson Law, 24 January 1842–B Summons, 4 May 1844 [Phelps, Assignee of JS v. Wilson Law] Declaration, circa 8 May 1844 [Phelps, Assignee of JS v. Wilson Law] Subpoena, 16 May 1844 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 20 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Motion, 20 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Continuance and Order to Plead, 21 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Leave to Amend Declaration, 22 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Leave to Open Depositions, 22 October 1844 [Phelps, Assignee of JS v. Wilson Law] Account, circa 23 October 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Leave to Plead, 24 October 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Pleas, 24 October 1844 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 1 November 1844–A [Phelps, Assignee of JS v. Wilson Law] Affidavit, 1 November 1844–B [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Continuance and Costs, 1 November 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Fieri Facias, between 1 November 1844 and circa 17 February 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Fee Bill, between 22 November 1844 and circa 17 February 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Security for Costs, 19 May 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Nonsuit and Withdrawal of Papers, 21 May 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, circa 21 May 1845 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 26 May 1845 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 27 May 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Fieri Facias, between 21 May and circa 4 August 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Alias Fee Bill, between 16 February and circa 11 May 1846 [Phelps, Assignee of JS v. Wilson Law] Praecipe, 28 May 1846 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Alias Fieri Facias, between 2 June and circa 4 July 1846 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Alias Fieri Facias, between 4 June and circa 4 July 1846 [Phelps, Assignee of JS v. Wilson Law] Certificate, 5 May 1847 [Phelps, Assignee of JS v. Wilson Law]
Docket Entry, Nonsuit and Withdrawal of Papers, 21 May 1845 [Phelps, Assignee of JS v. Wilson Law]
Source Note

Docket Entry, Nonsuit and Withdrawal of Papers, [
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, 21 May 1845], Phelps, Assignee of JS v. Wilson Law (Hancock Co., IL, Circuit Court 1843); Hancock County Circuit Court Record, vol. D, p. [259]; 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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; Hancock County Courthouse, Carthage, IL; microfilm at FHL.

Historical Introduction
See Introduction to Phelps, Assignee of JS v. Wilson Law.
Page [259]
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25

W[illiam] W Phelps
17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...
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assignee of)

Joseph Smith)

vs.)
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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Wilson Law
26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in 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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)

This day Came the plaintiff by his
attorney
18 July 1816–Sept. 1885. Attorney, judge, politician. Born in Watertown, Jefferson Co., New York. Son of John Stiles and Persis Cole. Moved to Le Ray, Jefferson Co., by 1820. Moved to Pamela, Jefferson Co., by 1830. Married first Julian Mackemer, 7 Nov. 1841...
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and took a
non Suit
“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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herein. Where upon it is ordered that the Said
Defendant
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have and recover of the Said Plaintiff his Costs by him in this behalf expended and may 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 &c

And thereupon on motion of Plaintiffs attorney leave is given him to withdraw papers filed herein And also leave to
Defendant
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to with draw papers filed herein [p. [259]]
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Page [259]
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Editorial Title
Docket Entry, Nonsuit and Withdrawal of Papers, 21 May 1845 [Phelps, Assignee of JS v. Wilson Law]
ID #
4299
Total Pages
1
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Handwriting on This Page
David E. Head