On motion of plaintiff attorney it is ordered that the rule here- -tofore made in this cause be extended to Tuesday January the fifth eighteen hundred and forty one on which day the said defendant is required to answer the said rule.

Gart Henry Boie a native of Germany who applies to be admitted a citizen of the United States comes and proves to the satisfaction of the court rhat he has resided in the United States for at least five years and in the State of Missouri at least one year immediately preceding this application during which time he has conducted himself as a man of good moral character attached to the principles of the constitution of the United States and well disposed to the good order and happiness of the same. and the court moreover being satisfied that said applicant has taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners and he declaring here in open court upon oath that he will support the constitution of the United States and that he doth entirely and absolutely renounce and abjure forever all allegiance and fidelity to every foreign Power: Prince: State and Sov- -ereignty whatsoever and particularly to the Duke of Oldenburgh of whom he was heretofore a subject therefore the said Gant. Henry Boie is admitted a citizen of the United States of America

continued at costs of defendant

continued by consent

continued by consent

continued by consent

On motion of defendant by his attorney and for good cause to the court shewn it is ordered that this suit be dismissed

Now at this day comes the said defendant by his attorney and the said plaintiff although solemnly called comes not but makes default nor hath she prosecuted her suit with effect it is therefore considered by the court that the said plaintiff take nothing by her said suit but that said defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof Execution

In partition On motion of Bryan Mullanphy attorney for defendants it is ordered that Thomas Co- hen: David B Hill: George W Call: William Glasgow & H. L. Hoffman commissioners appointed herein make a report of their proceedings under the order of sale made on Tuesday the fourteenth day of March eighteen hundred and thirty seven. to this court without delay

Now at this day come the parties aforesaid by their repective attornies and thereupon come also a jury to wit. E. H Robbins: William Twombley: John Voohez: J. H. Bayfield: Thompson Neil: William Blackburn: Stephen Gore: D. B. Thayer: James Parker: H. M Brown: Samuel Jackson & Thomas L Amiss: twelve good and lawful men who being duly elected tried and sworn the issue within joined between the parties

Now at this day come the said plaintiffs by their attorney and say they will not further prosecute their suit in this behalf but voluntarily suffer the same to be discontinued at their costs it is therefore considered by the court that the said defendants re- -cover of the said plaintiffs their costs and charges in this behalf expended and have thereof Execution

Now at this day comes the said plaintiffs by their attorney and say they will not further prosecute their suit in this behalf but voluntarily suffer the same to be discontinued at their costs it is therefore considered by the court that the said defendant recover of that said plaintiffs his costs and charges in this behalf expended and have thereof Execution

Now at this day comes the said plaintiff by his attorney and saith he will not further prosecute his suit in this behalf but voluntarily suffers the same to be discontinued at his costs it is therefore considered by the court that the said Defendant recover of the said plain- -tiff his costs and charges in this behalf expended and have thereof Execution.

Now at this day comes the said plaintiff by his attorney and saith he will not further prose- -cute his suit in this behalf but voluntarily suffers the same to be discontinued at his costs it is therefore considered by the court that the said defendant recover of the said plaintiff his costs and charges in this behalf expended and have thereof Execution.

Now at this day comes the said defendant by his attorney and the said plaintiff al- -though solemnly called comes not but makes default nor hath he prosecuted his suit with effect it is therefore considered by the court that the said plaintiff take nothing by his said suit but that said defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof Execution

Now at this day comes the said defendant by his attorney and the said plaintiff although solemnly called comes not but makes default nor hath he prosecuted his suit with effect it is therefore considered by the court that the said plaintiff take nothing by his said suit. but that said defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof Execution.

Now at this day comes the said defendant by his attorney and the said plaintiff although solemnly called comes not but makes default nor hath he prosecuted his suit with effect it is therefore considered by the court that the said plaintiff take nothing by his said suit but that said defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof Execution.

continued at costs of plaintiff

continued by consent

continued by consent

continued at costs of peff.

On motion of plaintiffs attorney leave is given them to amend their declaration. by inserting after the name of Walters. the words "who sue to the use of William D Marrigan" which amendment is made.

Dam $187.98

Assumpsit Now at this day come the said plaintiffs by their at -torney and thereupon come also a jury to witL Tom: F Stamps: L. T Knott: James Ogdew: Anthony Foster: William F Kleinand: William H James William F Turner: Edward Dobyns: Edward Faver: David Shepard: J.H. Stevens: & A. J Chace. twelve good and lawful men. who being duly elected tried and sworn. well and truly to enquire what damage the said plaintiffs have sustained and truly to assess the same. upon their oath aforesaid say that said plaintiffs have sustained damage by reason of the premi- -ses in their declaration mentioned. to the amount of one hundred and eighty seven dollars and ninety eight cents. it is therefore considered by the court that the said plaintiffs recover of the said defendant their damages aforesaid in form aforesaid by the jury assessed. together with their costs and charges in this behalf expended. and have thereof Execution.

Now at this day come the said defendants by their attorney and the said plaintiff although solomnly called comes not but makes default nor hath he prosecuted his suit with effect. it is therefore considered by the court that the said plaintiff take nothing by his said suit but that said defendants go thereof without day and recover of said plaintiff their costs and charges in this behalf expended. and have thereof Execution

Dam $1173.36

assumpsit Now at this day come the parties aforesaid by their respective attornies. and neither party requiring a jury. all and singular the premises are by them submitted to the court. which being seen and heard and by the court here fully understoof. that the said defendant did undertake and promise in manner and form as the said plaintiff hath above thereof complained against him. and the court doth further find that said plaintiff hath sustained damage by reason of the non performance of the promises and undertakings in his declaration mentioned to the amount of eleven hundred and seventy three dollars and thirty six cents. it is therefore considered by the court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the court assessed. together with his costs and charges in this behalf expended and have thereof Execition. motion for new trial filed.

continued by consent

continued by consent

continued by consent

Objections to report of commissioners filed

Dam/486.17

Assumpsit Now at this day come the parties aforesaid by their respective at- -tornies. and neither party requiring a jury. all and singular the premises are by them submitted to the court. which being seen and heard and by the court here fully understood the court doth find as to the first is- -sue within joined between the parties aforesaid. that said defendant did undertake and promise in manner and form as the said plaintiffs have above thereof complained. and as to the second issue within joined between the parties aforesaid. the court doth find that the said defendant did not before this suit was commenced. to wit. on the twentieth day of april last past or any other time before or since. pay to the plaintiff all the damages which they had sus- -tained by reason of the non performance of the promise and undertakings in said declara- -tion mentioned in manner and form as the said defendant hath in his said second plea alleged and the court doth further find that said plaintiffs have sustained damage by reason of the promises in then declaration mentioned to the amount of four hundred and eighty six dollars and seventeen cents. it is therefore considered by the court that the said plaintiffs recove of the said defendant their damages aforesaid in form aforesaid by the court assessed together with their costs and charges in this behalf expended and have thereof Execution

Dam/336.10

Assumpsit Now at this day come the parties aforesaid by their respective attornies. and neither party requiring a jury. all and singular the premises are by them submitted to the court which being seen and heard and by the court here fully understood. the court doth find as to the issue within joined between the parties aforesaid that the said defendant did undertake and promise in manner and form as the said plain- -tiffs have above thereof complained against hin. and the court doth further find that said plaintiffs have sustained damage by reason of the promises in their declaration mentioned to the amount of three hundred and thirty six dollars and ten cents. it is therefore considered by the court that the said plaintiffs recove of the said defendant. their damages aforesaid in form aforesaid by the court assessed together with their costs and charges in this be- -half expended and have thereof Execution

Trespass Now at this day comes the said plaintiff by his attorney. and the said defendant although demanded comes not but makes default. not hath he pleaded to the action aforesaid of said plaintiff. who thereby remains undefended against him wherefor the said plaintiff ought to recover of the said defendant but because is is unknown to the court what damage the said plaintiff hath sustained by reason of the premises in his declaration mentioned. is is ordered that euquiry thereof be made at the next of this court and the same time is given to the defendant

Now at this day comes the said plaintiff by his attorney. and saith he will not further prosecute his suit in this behalf but voluntarily suf- -fers the same to be discontinued at his costs. it is thereofor considered by the court that the said defendant recove of the said plaintiff his costs and charges in this behalf expended. and have thereof Excecution

Freedom Now at this day come the parties aforesaid by their respective attornies and thereupon come also a jury to wit. William C Wheeler; Joseph Barrett; James L Brown; John C Elder; Heriam Mass; Robert-Holmes Edward Castello; Josheph Luck; Samuel Mills; Charles ; James Powers & John Atkinson, twelve good and lawful men who being duly elected and sword the issue within joined between the parties aforesaid well and truly to try upon their oath aforesaid say that said defendant is guilty

Assupsit Now at this day come the parties aforesaid by their respective attornies. and neither party requiring a jury. all and singular the premises are by them submitted to the court. which being seen and heard and by the court here fully understood the court doth find as to the first issue within joined between the parties aforesaid that the said defnedant did undertake and promise in manner and form as the said plaintiffs have above thereof complained against him. and as to the second issue within joined between the parties aforesaid the court doth find. that the said plaintiffs are not indebted unto the defendant in mannder and form as the defendant hath above thereof in said plea alleged. and the court doth further find that said plaintiffs have sustained damage by reason of the premises in their declaration maintain -ed to the amount of one thousand and nice dollars and twelve cents. it is therefore considered by the court that the said plaintiffs recieve of the said defendant the damages aforesaid in form aforesaid by the court assessed. together with the court and charges in this behalf upended and have thereof Execution

Assumpsit Now at this day comes the said plaintiff by his attorney and proves to the court here that the order of publication made in this court has been duly published. the proof whereof is herein filed. yet the said defendant although so notified not but makes default. nor hath he pleaded to the action aforesaid of said planitiff who thereby remains undefended against him wherefore the said planitiff ought to of the said defendant. and it being manifest to the court from the instrument of writing on which this action is founded. that the said plaintiff hath sustained damage by reason of the premises in his declaration overturned to the amount of one hundred and seventy sev -en dollars and thirty eight cents. it is therefore considered by the court that the said plaintiff secure of the said defendant his damages aforesaid in form aforesaid by the court assessed together with his cost and charges in this behalf expended and have thereof Execution

Assumpsit Now at this day come the parties aforesaid by their respective attornies. and neither party requiring a jury. all and singular the premises are by them submitted to the court. which being seen and heard and by the court here fully understood the court doth find as to the issue within joined between the parties aforesaid. that the said defendants did undertake and promise in manner and form as the said plaintiff hath above thereof complained against them. and the court doth further find that said plaintiff hath sustained damage by reason of the premises in his declaration tuned to the amount of two hundred and forty two dollars and forty cents it is therefore considered by the court. that the said plaintiff recover of the said defendants. his damages aforesaid. in form aforesaid by the court assessed together with his cost and charges in this behalf expended. and have thereof Execution. Motion for new trial filed.

Now at this day comes the said defendant by his attorney and the said plaintiff although solemn-ly called comes not but makes default nor hath he prosecuted his suit with effect. it is therefore considered by the court that the said plaintiff take nothing by his said suit but that said defendant go thereof without day and recover of said plaintiff his cost and charges in this behalf spend -ed and have thereof Execution.

Now at this day comes the said defendant by his attorney and the said plaintiff although solemnly called comes not but makes default. nor hath he prsecuted his suit with effect. it is therefore considered by the court that the said plaintiff take nothing by his said suit but that said defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf upended. and have thereof Execution.

continued by consent

continued by consent

Now at this day comes Josiah Spalding attorney and suggests to the court here the death of Stewart Jn plaintiff herein and there- -upon the cause is continued

assumpsit Now at this day come the parties aforesaid by their respective attornies and thereupon come also a jury to wit: A J. Jamison William Scheide: William Fighe. John S Nevius: Robert Ayres Hugh Gallaher: D. B. Fhayer: M. a. atkinson: Thomas Martin & H. F. Phillips. twelve good and lawful men. who being duly elected tried and sworn. the issues within joined between the parties aforesaid. upon oath aforesaid say as to the first issue within joined between the parties aforesaid. that the said defendants did undertake and promise in mannder and form as the said plaintiff hath above thereof complain -ed against them. and as to the second issue within joined between the parties aforesaid. the courtjurors doth find that said plaintiff was not and is not indebted to the defendants in man- -ner and form as the said defendants have in them said second plea alleged. and the jurors on then oath aforesaid. to further find that said plaintiff hath sustained damage by reason of the premises in his declaration mentioned to the amount of one hundred and seven- -ty dollars and thirteen cents. it is therefore considered by the court. that the said plaintiff together with his costs and charges in this behalf expended and have thereof Execution.

Replications having been filed herein without leave of court. on motion of plaintiffs attorney leave is given as of the twenty third day of November eighteen hundred and forty. to file said aplications and the cause is continued

continued at costs of defendant in account of the absence of Benjamin Fowler: George Cable. Archibald Carr & George Taylor. witnesses on behalf of said defendant.

continued at costs of defendant

continued by consent

continued by consent

continued by consent

Now at this day comes the said plaintiff by his attorney. and saith he will not further prosecute his suit in this behalf. but voluntarily suffers the same to be discontinued at his costs. it is therefore considered by the court that the said defendant recover of the said plaintiff his costs and charges in this behalf expended and have thereof Execution

On motion of defendants attorney. leave is given him to file an addi- -tional plea herein. and the cause is continued

continued by consent

Motion and reasons for a new trial filed

Trespass Now at this day come the parties aforesaid by their respective attornies and neither party requiring a jury. all and singular, the premises are by them submitted to the court. which being seen and heard. and by the court here fully understood the court doth find as to the first issue within joined between the parties aforesaid. that the said defendant is not guilty of the said supposed trespasses and grievances above laid to his charge or any or wither of them. or any part thereof in manner and form as the said plaintiff hath above thereof complained against him: and as to the second issue within joined between the par- -ties aforesaid the court doth find that she the said plaintiff at the time the said trespasses and grievances in the declaration mentioned are alleged to have been committed, was a slave in manner and form as the defendant has above thereof in his said second plea alleged. and as to the third issue within joined between the parties aforesaid. the court doth find, that the trespasses and grievances in the said declaration in this action mentioned are the same tres- -passes and grievances as those in the said last plea mentioned and for and in respect whereof the said supposed judgment in the said last plea mentioned was recovered: it is therefore considered by the court that the said plaintiff take nothing by her said suit but that said defendant go thereof without day. and recover of said plaintiff his costs and charges in this behalf expended. and have thereof Execution

Dam $715.82

assumpsit Now at this day come the said plaintiffs by their attorney. and there -upon come also a jury to wit: A. G. Jamison: William Scheide: William Tighe: John S Nevius: Robert Ayres: John Artemas: George W Coons: Hugh Gallaher: D.B. Thayer: M. A. Atkinson: Thomas G Martin and H.T. Phillips. twelve good and lawful men who being duly elected tried and sworn. well and truly to enquire what damage the said plaintiffs have sustained and truly assess the same. upon their oath aforesaid say that said plaintiffs have sustained damage by reason of the premises in their declaration mentioned to the amount of seven hundred and fifteen dollars and eighty two cents; it is therefore considered by the court. that the said plaintiffs recover of the said defend -ant. their damages aforesaid in form aforesaid by the jury assessed together with their costs and charges in this behalf expended and have thereof Execution

covenant Now at this day come the parties aforesaid by their respective attor- -nies and thereupon come also a jury to wit: A.G. Jamison: William Scheide: William Tighe: John S Nevius: Robery Ayres: John Artemas: George W Coons Hugh Gallaher: D.B. Thayer: M.A. Atkinson: Thomas G Martin & H.J. Phillips. twelve good and lawful men. who being duly elected tried and sworn. the issue within joined between the parties well and truly to try. retire to consider of their verdict.

On motion of plaintiffs attorney. it is ordered that the judgment here -in rendered. be set aside.

Court adjourned until tomorrow morning at 10 Oclock Mullanphy

the said Heinrich is admitted a citizen of the United States of America.

William Beckmeyer a native of Prussia who applies to be admitted a citizen of the United States comes and proves to the satisfaction of the court that he has resided in the United States for at least five years and in the State of Missouri at least one year immediately preceding this application during which time he has enducted himself as a man of good moral character. Attached to the principles of the Constitution of the United States and well disposed to the good order and hap -piness of the same and the court moreover being satisfied that said applicant has taken the prepara -tory steps required by the laws of the United States. Concerning the naturalization of foreigners and he declaring here in open court upon oath that he will support the constitution of the United States and that he doth entirely and absolutely renounce and abjure forever all allegiance and fidel -ity to every foreign Power: Prince, State and Sovereignty whatsoever. and particularly to the King of Prussia of whom he was heretofore a subject. Therefore the said William Beck -myer is admitted a citizen of the United States of America.

Bernhand F Schemmer a native of Prussia who applies to be admitted a citizen of the Uni- -ted States. comes and proves to the satisfaction of the court that he has resied in the United States. for at least - five years. and in the State of Missouri at least one year immediately prece- -ding this application. during which time he has conducted himself a man of good mor- -al character. attached to the principles of the constitution of the United States. and well dis- -posed to the good order and happiniess of the same. and the court moreover being satisfied that the applicant has take the preparatory steps require by the laws of the United States concerning the naturalization of foreigners. and he declaring here in open court upon oath. that he will support the constitution of the United States. and that he doth entirely and absolutel renounce and abjure forever all allegiance and fidelity to every foreign Power: Prince: State and Sovereignty whatsoever. and particularly to the King of Prus- -sia of whom he was heretofore a subject. therefore the said Bernhand F Schemmer is admitted a citizen of the United States of America.

Freedom Now at this day come the parties aforesaid by their respsective attornies and neither party requiring a jury. all and singular the premisis are by them submitted to the court. which being seen and heard. and by the court here fully understand. the court doth find as to the issue within joined between the parties aforesaid. that the said defendant is guilty of the said supposed grieviancess above laid to his change. and all and each of them. and every pact thereof. in mannder and form as the said plaintiff hath above explained against him; it is therefore considered by the court that the said plaintiff be liberated and entire- -ly set free from the said defendant. and from all persons claiming by. through or under him. by title derived the commmencement of this court. and also that said plaintiff of said defendant. his and changes in this behalf expended and have thereof Execution.

Now at this day comes the said appellant by his attorney and consents. that the appeal be dismissed at his

Motion of Berthold: Ewing & Tesson to be allowed expenses. as garnishees herein filed

Allegations & Interrogatories filed by leave of court

On motion of attorney for the plaintiff it is ordered that the sheriff take possession of the petitioner and hire him out from time to time during the pendency of this suit and that he take Bond from the hirer according to the Statute in such cases made and provided

continued by consent

continued at costs of defend- -ants

continued by consent

continued by consent

continued by consent

continued by consent

continued by consent

Plea filed

Now at this day comes the said plaintiff by his attorney and saith he will not further prosecute his suit in this behalf but voluntari -ly suffers the same to be discontinued at his costs. it is therefore con- -sidered by the court that the said defendant recover of the said plain -tiff his costs and charges in this behalf expended and have thereof Execution

Dam/198

Assumpsit Now at this day comes the said plaintiff by his attorney and thereupon come also a jury to wit; John Barry: Charles Pettit: William Wright Joseph Southack: Heugh Rose: William Green: Montgomery Ferguson: John M Platt: Tom S McPherson: John ill: D. M. Heall & Thomas Mattox: twelve good and lawful men who being duly elected tried and sword. well and truly to enquire what damage the said plaintiff hath sustained and truly to assess the same. upon then oath aforesaid say that said plaintiff hath sustained damage by reason of the premisis in his declaration mentioned to the amount of one hundred and ninety eight dollars. it is therefore considered by the court that the said plaintiff recover of the said defendant. his damages aforesaid in form aforesaid by the jury assessed together with his costs and charges in this behalf expended and have thereof Execution

Dam/1131.96

Assumpsit Now at this day come the parties aforesaid by their respective attornies and neither party requiring a jury. all and singular the premises are by them submitted to the court which being seen and heard and by the court here fully understood. the court doth find as to the issue within joined between the parties aforesaid. that the said defendant did undertake and promise in manner and form as the plaintiff has above thereof complained against him. and the court doth further find that said plaintiff hath sustained damage by reason of the promises in his declaration mentioned. to the amount of eleven hundred and thirt one dol -lars and ninety six cents. it is therefore considered by the court that the said plaintiff re- -cover of the said defendant his damages aforesaid in form aforesaid by the court assessed. together with his costs and charges in this behalf expended. and have thereof Execution.

It having been ordered by the court that the plaintiff herein be allowed to sue as a poor person. and also that counsel be assigned here & which was not entered of record. it is thereofre ordered that the same be entered numc -pro tune which is done as follows

Monday Febuary 22nd 1841

Now at this day comes the said plaintiff and files her petition verified according to law. and praying to be allowed to sue in forma pauperis which being seen and heard and by the court here fully understood. it is ordered that said plaintiff be allowed to sue as a poor person to establish her right to freedom and that messas Risque: Murdock & King be assigned her as counsel. and it is further ordered that said plaintiff have reasonable liberty to attend her counsel and the court. as occasion may require and that she be not removed out of the jurisdiction of this court and further that she be not subjected to any severity on account of her applica- tion for freedom.

Thursday Febuary 25th 1841

Suit for freedom Now at this day comes the said plaintiff and files his petition verified according to law. and praying to be allowed to sue in forma pauperis. which being seen and heard and by the court here fully understood it is ordered that said plaintiff be allowed to sue as a poor person to establish his right to freedom and that Messas Risque: Murdock & King be assigned him as counsel and it is further or- -dered that said plaintiff have reasonable liberty to attend his counsel and the court as occasion may require and that he be no removed out of the jurisdiction of this court and further that he be not subjected to any sverity on account of this application for freedom

Appeal Now at this day comes the said defendant by his attorney and prays an appeal to the Supreme Court from the judgment herein rendered against him and files his affidavit therefore as required by law whereupon the appeal is granted and the said John McAnulty as principal acknowledges himself to owe the said plaintiff the sum of twenty five hundred dollars. and Isaac McHose and William Hammond as his securities acknowledge themselves each to owe the said plaintiff the sum of twenty five hundred dollars to be levied of their respective goods and chattels. lands and tenements yet upon condition that if said defendant shall prosecute his appeal now taken with due diligence to a decision in the Sup -reme Court. and if his appeal shall be dismissed. or the judgment of this court be affirmed he shall pay whatever of debt damages and costs have been recovered against him by the judgment of this court together with the interest that may grow due thereon. and shall otherwise perform the judgment of the court and shall moreover pay the damages costs that may be abjudged against him in the Supreme Court upon his appeal. then this recgnizance to be void otherwise of full force.

Plea of Interpleader Now at this day come the parties aforesaid by their respective attor -nies and neither party requiring a jury all and singular the premises in the matter of Interpleader are by them submitted to the court which being seen and heard and by the court here fully understood the court doth find as to the issue within joined between the parties aforesaid that the credits effects and property attached were at the time said attachment was served on the garnishee Alexander Hamilton

David Louis Chatelain a native of Switzerland. who applies to be admitted a citizen of the United States. comes and proves to the satisfaction of the court that he has resided in the United States for at least five years and in the State of Missouri at least one year immediate -ly preceding this application during which time he has conducted himself as a man of good moral character. attached to the principles of the same. and the court moreover being satisfied that said applicant has taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners and he declaring here in open court upon oath that he will support the constitution of the United States and that he doth entirely and absolutely renounce and abjure forever all allegiance and fidelity to every foreign Power: Prince: State and Sovereignty whatsoever and particularly to the Free canton of Berne of which he was heretofore a citizen. therefore the said David Louis Chatelain is admitted a citizen of the United States of America.

It is ordered that Mefrs Gamble Allen & Polk Attorneys of this court be a committee to examine the Rules of this court. and repat whether the same need any amendments or additions

On motion of plaintiffs attorney. leave is given them to with- -draw from the files of this court the note on which this ac- -tion is founded upon their giving a receipt for the same

Now at this day come the said plaintiffs by their attorney and acknowledge to have received full and entire satisfac- -tion of the judgment herein rendered. and hereby acquit and discharge said defendant from all liability and demand in and by virtue of said judgment

In partition On motion of the petitioners herein it is ordered that the order of sale heretofore made in this cause be set aside and thereupon the court order that the premises in the petition mentioned be sold by the Sheriff under the commissioners aforesaid at public auction at the court house down in the city of St Louis on the twenty fifth day of March next upon the following terms to wit. one half cash and the balance in twelve months to be secured by deed of Trust on the premises sold: and it is further ordered that the Sheriff give motice of the time terms and place of sale according to law

Continued as on affidavit at costs of plaintiffs

amended declaration filed by leave of court

Amended declaration filed by leave of court

Now at this day come the parties aforesaid by their respective attornies and thereupon all and sigular the demurrers of said defendant to said plaintiffs replication to said defendants second plea are by them submitted to the court which being seen and heard and by the court here fully understood it is considered by the court that the demurrer of said defendant to said plaintiffs first replication to said defendants second plea be overruled and the said demurrer of said plaintiffs second replica- -tion to said defendants second plea be sustained and the said defendant wavies the lave here tofore given to amend his said first plea and leave is given defendant to file double omdens to first replication

motion to set aside judgment against James B Berlin garnishee herein filed

motion to set aside judgment against James B Berlin garnishee herein filed

motion to set aside judgment against James B Berlin garnishee herein filed

Now at this day come the parties plaintiffs & Interpleaders aforesaid by their respec- tive attornies and neither party requiring a jury all and singular the following agreed statement of facts are by them submitted to the court to wit: "case agreed between plaintiffs & Interpleaders: on the 11th July 1840 the defend- -ants shipped on board the Steam Boat Omega 100 pigs of lead weighing 49000 lbs. to the interpleaders Uem Crawford Jr & Tho J Carson at Baltimore. Maryland for the upress pur- -pose of paying in part a note past due & unpaid fum defendants to interpleaders. the lead was consigned to Mefers Kennett. White & Co commission & fowarding mechants of St Louis Missouri with instructions accompanying it to forward the same to the interpleaders at Bal -timore through Hugh C Hasson their agent a commissein and fowarding mechant at New Orleans. Louisiana as early as possible: Four bills of lading were executed for the lead between the defendants and the carriers at the time of the shipment one of which was retained by the shippers. the defendants another was forwarded to said Hugh C Heassan. another was forwarded to Kennett: White Hoo and another to interpleaders accompanied with a letter informing them of the shipment of the lead and requesting them to recieve the same aispose of it for the interest of defendants and apply the pro- -ceeds in liquid atuin of the aforesaid note due and unpaid. That accordingly the Interpleaders immediately insures the lead on their own account. when the lead arrived at St Louis. on its passage to Baltimore to the interpleaders and come into the posses- -sion of Kennett: White & Co. & before it was forwarded by them to the Interpleaders as above directed. it was attached by the plaintiffs in this suit." which being seen and heard. and by the court herefully understood: it is considered by the court that the said Interpleaders William Crawford Jr & Thomas J Carson recover the said property and effects so attached in the hands of the Sheriff. and it is further considered that the said Interpleaders recover of the said plaintiffs their costs and charges by them about their claim of property in this behalf expended. and that they have thereof Execution.

Now at this day comes the said plaintiff by his attorney and files his petition verified according to law. setting forth that he is danger and fears he will be removed out of the jurisdic -tion of this court unless by the interposition of this court which being seen and hear and by the court here fully understoodf. it is ordered that a warrant issue. to bring said plaintiff before this court. then and there to be dealt with. as the court shall see fit and direct.

motion for judgment and denial of portion of the answer of gar- -nishees filed

Bills of Executions filed

Plea filed

Pleas filed

Demurrer filed

Demurrer filed

Demurrer filed

Allegations & Interrogatories filed

Pleas filed

Answers of Rene Paul & Peter N Ham garnishees filed

Answers of Rene Paul & Peter N Ham garnishees filed

Answer of Rene Paul garnishee filed

Answers of Charles F Hoelgel & Charles Loewenstriver garnishees filed

Plea filed

Pleas filed

Continued by consent

Continued

continued

Petition in Debt Now at this day come the parties aforesaid by their respective attornies and thereupon come also a jury to wit: Hiram Cordell: P.H. St Cyr: Louis Bompart: bennet Uzzle: Christian M Liggett: Samuel Walton: John Dunn: William Leonard: John G Shelton: David B Hill: Francis J Parker: & Richard J Howard: twelve good and lawful men who being duly elected and sword the issues within joined between the parties aforesaid well and truly to try retire to consider of their verdict:

continued on affidavit at costs of defendant

Now at this day come the said plaintiffs by their attorney and say they will not further prosecute their suit in this behalf but volunta- -rily suffer the same to be discontinued at their costs it is therefore considered by the court that the said defendant recover of the said plaintiffs his costs and charges in this behalf expended and have thereof Execution

Now at this day come the said defendants by their attorney. and the said plaintiff although demanded comes not but makes default nor hath he prosecuted his suit with effect it is therefore considered by the court that the said plaintiff take nothing by his said suit but that said defendants go thereof without day. and recover of said plaintiff their costs and charges in this behalf expend- -ed and have thereof Execution.

continued by consent

continued by consent

continued by consent

continued by consent

On motion of defendants attorney it is ordered that a scire facias issue herein due'cted to Joseph W Walsh Public Administrator making him a party to this suit as administrator of Horace Wilcox deceased and there -upon the cause is continued.

Now at this day comes the said plaintiff by his attorney and saith he will not further prosecute his suit in this behalf but voluntarily suffers the same to be discontinued at his costs. it is therefore con- -sidered by the court that the defendant recover of the said plaintiff his costs and charges in this behalf expended. and have thereof Execution.

The Judge of this court being related to one of the parties interested herein: it is ordered that the venue of this cause be changed to the St Louis court of Common Pleas and that the clerk of this court make out of a full transcript of the record and proceedings in the cause and transmit the same duly certified together with all the original papers filed in the cause and not forming a pact of the record. to the clerk of the said court of Common Pleas

continued by consent

continued by consent

Now at this day come the said plaintiffs by their attorney and say they will not further prosecute their suit in this behalf against William Russell: Albert G Edwards: Ninian W Edwards & John J S Sullivan who were summonded as garnishees herein it is therefore consid- -ered by the court that the said garnishees recover of the said plaintiff their costs and charges in this behalf expended and have thereof Execution

continued by consent

continued by consent

continued for want of depositions on part of plaintiff

On motion of plaintiffs attorney leave is given them to withdraw from the files of this court the notes on which this action is founded upon their giving a receipt for the same.

On motion of plaintiffs attorney. it is ordered that an alias summons issue herein against Daniel Murphy by one of said defendants.

On motion of plaintiffs attorney it is ordered that a dedimus issue to the State of Kentucky to take depositions to be read on the part of said plain- -tiff

On motion of plaintiffs attorney. it is ordered that a dedimus issue to the State of Illinois to take depositions to be read on the part of said plaintiffs

On motion of defendants attorney. it is ordered that a dedi- -mus issue to the State of Illinois to take depositions to be read on the part of said defendants.

On motion of plaintiffs attorney it is ordered that a dedimus issue to the State of Kentucky to take depositions to be read on the part of said plaintiff.

Continued by consent

Answer of T. J Become garnishee herein filed

Continued as on affidavit at costs of plaintiff on account of the absence of Benjamin F McKinney witness for plaintiff

Now at this day comes the said plaintiff by his attorney and acknowledges to have received full and entire satisfaction of the judgment in this case a Transcript of which judgment is now a file in the office of the clerk of this court and hereby acquits and discharges said defend -ant from all liability and demand in and by virtue of said judgment.

assumpsit Now at this day come the parties aforesaid by their respective attor- -nies and neither party requiring a jury all and singular the premises are by them submitted to the court which being seen and heard and by the court here fully understood the court doth find as to the issue within joined between the parties aforesaid that the said defendant did undertake and promise in manner and form as the said plaintiff hath above thereof complained against him: and the court doth further find that said plaintiff hath sustained damage by reason of the non performance of the promises and undertakings in his declaration mentioned to the amount of five hundred and forty eight dollars and seventy five cents it is therefore considered by the court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the court assessed together with his costs and charges in this behalf expended and have thereof Execution.

Dam/199.45

Trespass on case Now at this day comes the said plaintiff by his attorney and the said defendant though demanded doth not appear nor hath he pleaded to the action aforesaid and it being manifest to the court from the instrument on which this action is founded that the said plaintiff hath sustained damage by reason of the premises in his declaration mentioned to the amount of one hundred and ninety nine dollars and forty five cents it is therefore considered by the court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the court asses- -sed together with his costs and charges in this behalf expended and have thereof Execution

Now at this day come the said plaintiffs by their attorney and say they will not further prosecute their suit in this behalf but voluntarily suffer the same to be discontinued at their costs it is therefore considered by the court that the said defendant recover of the said plaintiffs his costs and charges in this behalf expended and have thereof Execution

Now at this day comes the said plaintiff by his attorney and move the court ro award him judgment for costs herein which being seen and heard and by the court here fully understood it is considered by the court that the said plaintiff recover of the said defendant his costs and charges in this behalf expended and have thereof Execution

Now at this day comes the said plaintiff by her attorney and saith she will not further prosecute her suit in this behalf but voluntarily suffers the same to be discontinued

motion in arrest of Judgment filed

Dam/311.25

assumpsit Now at this day come the parties aforesaid by their respective attornies and neither party requiring a jury all and singular the premisis are by them submitted to the court. which being seen and heard and by the court here fully understood and the court doth find as to the issue within joinedbetween the parties aforesaid that the said defendant did assume and promise in manner and form as said plaintiff have in the first court of their said declaration alleged and the court doth further find that said defendant did not assume and promise in manner and form as the said plaintiffs have in the second court of their declaration alleged and the court doth furter find that said plaintiffs have sustained damage by reason of the non performance of the prom- -ises and undertakings in their declaration mentioned. to the amount of three hundred and eleven dollars and twenty five cents. it is therefore considered by the court that the said plaintiffs recover of the said defendant their dmages aforesaid in form aforesaid by the court assessed together with their costs and charges in this behalf and have thereof Execution. Motion in arrest of Judgment filled

court adjourned until to morrow morning at 10 O clocl Bryan Mullay

Assumpsit Now at this day comes the said plaintiff by his attorney and saith he will not further prosecute his suit in this behalf but voluntarily suffers the same to be discontinued at his costs: it is therefore considered by the court that the said defendant recover of the said plaintiff his costs and charges in this behalf expended. and have thereof Execution

Trespass Now at this day comes the said plaintiff by his attorney. and saith he will not further prosecute his suit in this behalf but voluntarily suffers the same to be discontinued at his costs: it is therefore con- -sidered by the court that the said defendants recover of the said plaintiff their costs and charges in this behalf expended. and have thereof Execution

The Judge of this court being ted in the property in dispute and having acted as counsel in this case it is dered that the venue of this cause be changed to the St Louis Court of Common Pleas. and that the clerk of this court make out a full trascript of the and proceedings in the cause and transmit the same duly certified. together with all the original papers filed in the cause and not forming a part of the . to the clerk of the said court of Common Pleas.

continued by consent

continued by consent

Assumpsit Now at this day come the said plaintiffs by their attorney. and say they will not further prosecute their suit in this behalf but voluntarily suffers the same to be discontin -used at their costs: it is therefore considered by the court that the said defendant re -cover of the said plaintiff her costs and charges in this behalf expended and have thereof Execution

assumpsit Now at this day come the said plaintiffs by their attorney. and say they will not further prosecute their suit in this behalf. but voluntarily suf- -fer the same to be discontinued at their costs; it is therefore considered by the court. that the said defendant recover of the said plaintiffs. his costs and charges in this behalf expended. and have thereof Execution.

Plea filed

Motion to set aside discharge of garnishees Coun & Green

Now at this day comes the said plaintiff by his attorney and saith he will not further prosecute his suit in this behalf. but volunta- -rily suffers the same to be discontinued

assumpsit Now at this day comes the said plaintiff by his attorney. and saith he will not further prosecute his suit in this behalf, but voluntarily suffers the same to be discontinued at his costs; it is therefore considered by the court that the said defendant recover of the said plaintiff. his costs and charges in this behalf expended and have thereof Execution

Covenant Now at this day comes the said plaintiff by his attorney and saith he will not further prosecute his suit in this behalf but voluntarily suf- -fers the same to be discontinued at his costs: it is therefore considered by the court that the said defendant recover of the said plaintiff his costs and charges in this behalf expended and have thereof Execution.

Motion to set aside discharge of garnishees Conn & Green filed

Assumpsit Now at this day comes the said defendant by his attorney and the said plain -tiff although demanded comes not but makes default nor hath he prosecuted his suit with effect it is therefore considered by the court that the said plaintiff take noth- -ing by his said suit but that said defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof Execution.

continued by consent

continued by consent

continued by consent

continued by consent

continued by consent

Motion in arrest of judg- -ment filed

Freedom The Judge of this court having acted as counsel given an opinion whilst at the bar in this case it is ordered that the venue of this cause be changed to the St Louis Court of Common Pleas and that the clerk of this court make out a full transcript of the record and proceedings in the cause and transmit the same duly entitled together with all the original papers filed in the cause and not forming a part of the record to the Clerk of the said court of Common Pleas.

motion to amend Judgment filed

Exceptions to Depositions of plaintiff filed

Replication filed & continued by consent

Motion for Execution against property charged with filed

Assumpsit Now at this day come the said plaintiffs by their attorney and say they will not further prosecute their suit in this behalf but voluntarily suffer the same to be discontinued at their costs: it is therefore considered by the court that the said defendant recover of the said plain -tiffs his costs and charges in this behalf expended and have thereof Execution.

By consent of parties it is ordered that this suit be discontinued at the costs of Louis A Benoist one of said defendants it is therefore considered by the court that the said plaintiff and the said defendants Ridgely & Polk recover of said defendant Louis A Benoist their costs and charges in this behalf expended and have thereof Execution

Now at this day come the said plaintiffs by their attorney and say they will not further prosecute their suit in this behalf but voluntarily suffer the same to be discontinued at their costs it is therefore considered by the court that the said defendants recover of the said plaintiffs their costs and charges in this be- -half expended. and have thereof Execution

Dam $00.01

Replevin Now at this day comes the said plaintiff by his attorney. and the said defendant although demanded comes not but makes default nor hath he pleaded to the action aforesaid of said plaintiff who thereby remains un- -defended against him. wherefore the said plaintiff ought to recover of the said de- fendant. and not requiring a jury to assess his damages. but consenting that the same be nominal. the court doth assess the plaintiffs damages by him sustained by reason of the premises in his declaration mentioned to the sum of one cent: it is therefore considered by the court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the court assessed together with his costs and charges in this behalf expended. and have thereof Execution

On motion of plaintiffs attorney leave is given her to withdraw from the files of this court the note on which this action if found -ed upon her giving a receipt for the same

On motion of plaintiffs attorney leave is given her to withdraw from the files of this court. the ote on which this action is founded upon her giving a receipt for the same

On motion of plaintiffs attorney leave is given her to withdraw from the files of this court the note on which this action is found -ed. upon her giving a receipt from the same.

On motion of plaintiffs attorney leave is given her to withdraw from the files of this court the note on which this action is founded. upon her giving a receipt for the same.

Pleas filed

Agreement of parties filed & continued

Replication filed

Pleas filed

Demurrer to amended plea filed

Bill of particulars & pleas filed

On motion of defendants attorney. it is ordered that said plaintiff furnish a Bill of particulars of his demand sued on in their cause

On motion of defendants attorney it is ordered that said plaintiffs furnish a Bill of partic- ulars of their demand sued on in their cause

On motion of defendants attorney it is ordered that said plaintiffs furnish a Bill of particulars of their demand sued on in this cause

On motion of plaintiffs attorney it is ordered that said defendants second plea be stricken out

Now at this day comes the attorney for the plaintiff and suggests to the court here the death of John P Cabanne and enters the appearance of Julia Cabanne administrator of said John P Cabanne.

On motion of defendants attorney it is ordered that said plaintiff furnish a Bill of particulars of his demand sued on in this cause

Now at this day come the parties aforesaid by their respective attor- -nies and thereupon the said motion of said plaintiff to set aside the judgment rendered herein is by them submitted to the court. which being seen and heard and by the court here fully understood it is considered that said motion be aled

Dam/70.98 10 p ct

Now at this day come the said plaintiffs by their attorney. and prove to the court here that the order of publication made in this cause has been duly published. the proof whereof is herein filed. yet the said defendant although so notified comes not but makes default. nor hath he pleaded to the action aforesaid wherefore the said plaintiff ought to recover of the said defendant and it appearing to to the court from the instrument of uniting on which this action is founded. that the said plaintiffs have sustained damage by reason of the non performance of the promises and undertakings in their declaration mentioned. to the amount of seventy dollars and ninety eight cents: is is therefore considered by the court that the said plaintiffs recover of the said defendant their damages aforesaid in form aforeaaid by the court assessed together with their costs and charges in this behalf expended. and have thereof Execu- tion. this judgment to bear interest at the rate of ten per cent per annum

Now at this day come the parties aforesaid by their respective attornies and thereupon the said motion of said plaintiff to strike out said defendants pleas is by them submitted to the court which being seen and heard and by the court here fully understood. is is considered by the court that said motion be sustained unless good cause be shewn. why the same should be filed on a before the fourth day of October next.