Item Detail
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27152
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3
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7
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English
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Judge Joseph Smith and the Expansion of the Legal Rights of Women : The Dana v. Brink Trial
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Journal of Mormon History
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October 2016
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42
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4
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Champaign, IL
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University of Illinois Press; Mormon History Association
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69-96
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On October 24, 1842, Margaret Dana, a member of The Church of Jesus Christ of Latter-day Saints, delivered her seventh child, a boy, in Nauvoo, Illinois. Like many frontier births, there were complications and Margaret suffered injuries that occurred sometime between October 22, 1842, when she was first treated by her physician, Dr. William Brink, and October 24, 1842, when she delivered her baby. The injuries were serious and impaired Margaret's health for the rest of her life. Because of the common law doctrine on coverture, Charles Dana, Margaret's husband, filed a lawsuit on her behalf against Dr. Brink, alleging that Dr. Brink caused the injuries, misdiagnosed his wife’s condition, used unjustified practices, and caused a premature birth. The case was tried in the Nauvoo Mayor's Court on March 2 and 3, 1843. It was also appealed to the Nauvoo Municipal Court and the Circuit Court of Hancock County. This case is significant because, as judge, Joseph Smith made important and forward-thinking decisions on topics including the legal status of women, their ability to testify in a civil suit, and an exception to coverture. [From the article]
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A Wall to Defend Zion : The Nauvoo Charter
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Joseph Smith and the Development of Habeas Corpus in Nauvoo, 1841-44
The Boggs Shooting and Attempted Extradition : Joseph Smith's Most Famous Case
The Nauvoo Charter : A Reinterpretation
The Nauvoo City and High Council Minutes