Legal Events

May 4, 1844

Phelps assignee of Smith v. Law: The case regarded two promissory notes to Joseph Smith, dated January 24, 1842, which were subsequently assigned to W. W. Phelps on January 1, 1843. Plaintiff took nonsuit, and defendant recovered of plaintiff his costs on May 21, 1845.

May 6, 1844

An arrest warrant was served to Joseph Smith on complaint of Francis M. Higbee, but Joseph petitioned for and obtained a writ of habeas corpus answerable before the Nauvoo Municipal Court.

May 7, 1844

A printing press was purchased from Abraham Jonas by William Law, the Fosters, and the Higbees, publishers of the new Nauvoo Expositor, and arrived at the law office of Robert D. Foster.

May 8, 1844

Higbee v. Smith: Joseph Smith went before the muni­ci­pal court (Newel K. Whitney, presiding). The defendant was discharged after nine witnesses proved Francis Higbee's immorality and that his sole motive was to "throw Joseph Smith into the hands of his enemies ... to carry out a conspiracy ... against his life." Also, the arrest writ was found to be illegal and the complaint was deficient.

May 8, 1844

Smith v. Street: Joseph Smith and Hyrum Smith and others sued Charles and Marvin Street and Robert F. Smith as co-purchasers of the steamboat Nauvoo for nonpayment of their 1840 promissory notes for $4,000 payable to the plaintiffs.

May 9, 1844

State of Missouri v. Smith: A Lee County jury awarded Joseph Smith $40 in damages plus court costs against constables Harmon Wilson and Joseph Reynolds for abuse and illegal imprisonment of Joseph Smith during the third extradition attempt in July 1843.

May 10, 1844

Higbee v. Smith: The case was based again on a complaint for slander arising out of Joseph Smith's statements to the Nauvoo City Council on January 5. Joseph Smith allegedly claimed Higbee was guilty of theft, fornication, adultery, and perjury, was a whoremaster, and possessed venereal disease. He "forbid" women from associating with Higbee. Much like the case filed on May 1 and dismissed May 8, 1844, on habeas corpus. The case was transferred on August 14, 1844, to McDonough County and later dismissed there at the plaintiff's cost.

May 10, 1844

Foster v. Smith: Charles A. Foster filed his declaration, charging Joseph Smith and Joseph W. Coolidge with false imprisonment. Foster allegedly intervened in the attempt by Orrin Porter Rockwell and John P. Greene to arrest Augustine Spencer for breach of peace. A change of venue was granted to the McDonough Circuit Court.

May 16, 1844

U.S. v. Jeremiah Smith: Jeremiah Smith Sr. petitioned the Nauvoo Municipal Court for a writ of habeas corpus sworn before Chief Judge Joseph Smith. Jeremiah Smith claimed the warrant for his arrest did not divulge charges known by the law ("obtain money under false pretences") and requested a fair investigation. Execution made on goods and chattels of T. B. Johnson, $7.75 in court costs.

May 20, 1844

Bostwick v. Smith: This case was consoli­dated with City of Nauvoo v. Bostwick. The defendants, Hyrum Smith and John P. Greene, were to provide the Hancock Circuit Court with the proceedings of City of Nauvoo v. Bostwick from the Nauvoo Mayor's Court. The case was dismissed at plaintiff's costs.

Pages

Winter Quarters

Read peer-reviewed articles about Joseph Smith and other Church history topics from BYU Studies. Visit byustudies.byu.edu.