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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Action of Trespass on the case upon promises
min L.E. Berneville of a plea of tres
pass on the case upon promises for that
whereas the said defendant heretofore
to wit an on the
ber in the year of our Lord one thou-
sand eight hundred and thirty five
at the county of
in debted to the defendant in the sum
of five hundred Dollars of lawful
money of the
labor and services before that
done and performed by the said
and at his special instance and
request and being so indebted he the said
defendant in consideration thereof after
wards so wit on the day and year
last aforesaid at the county aforesaid
undertook and then and there faithfully
promised the said plaintiff to pay him
the said last mentioned
when he the said Defendant should be
thereunto afterwards requested.
For that whereas also the said defendant
sand eight hundred and thiry two
to wit at the county of
aforesaid,
made his certain agreement
in writing (to wit by & through
Powell his agent, to wit the Defendants,
agent thereunto by him lawfully au
thorised)
day and your aforesaid and thereby
then and there agreed to hire the
aforesaid plaintiff as a
to
services for him the said
to wit the business of the said
eighteen months to begin from the
day of March in the year of Our Lord
one thousand eight hundred thirty two
and the said plaintiff did do
and perform all in his part
to be done and performed by the
said contract untill such
time
to with at the county of
duly discharged from
his said work labour and services
which he had untill then per
formed and which he still
held himself ready to and
to and
do in accordance with writ the contract
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aforesaid by
a person by the defendant afore
said duly authorized to discharge
him the said plaintiff as aforesaid
and the said plaintiff being so
discharged as aforesaid was
sent home so wit
at to wit the
county aforesaid and from the
time of
aforesaid
ready to do & perform every thing on
his part to be done and performed
in accordance with said contract
and hath desired and offered to
do the same to wit at the county
of
And the said Defendant by the
said
defendant certain moneys to the
said plaintiff to wit wages for the
said eighteen months aforesaid at the
said plaintiff having faithfully
ramined in the service of the
dant during the eighteen month aforesaid
money & the de
fendant applied
at the counting
room of
the
in
the
in the year of our
Lord one thousand eight & thirty five
By means whereof and force of
the statute in such case made and
provided the said defendant
said sums of money in the said
the tenor and effect of the said
contract and being so liable be the
sideration thereof afterwards to wit
as the
the county aforesaid undertook and
then and there faith fully promised
the said plaintiff to pay him the
said sum of money in the said
to wit the sum of three hundred Dollars
according to the tenor and effect
thereof
And whereas also the said defendant
afterwards to wit on the
day of september in the year of
our Lord one thousand eight hun
dred and thirty five
aforesaid accounted with the
said plaintiff of and concering
divers other sums of money
the said Defendant to the plaintiff
before that time due and owing
and then in arrear and unpaid
and upon that account the said
defendant was then and there found
so be in arrear and indebted
to the said plaintiff in the farther
sum of three hundred
Dollars
of the lawful money, and being
so found in arrear and indebted
as last aforesaid he the said defendant
in consideration thereof afterwards
to wit on the same day and year
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last aforesaid at the county aforesaid
undertook and then and there faith
fully promised the said plaintiff
to pay him the said sum of money
last mentioned, whenever after
wards he the said defendant
should be thereunto requested
Nevertheless the said defendant not
regarding his said several promises
and under takings but
and
and
the said plaintiff in this behalf
hath not as yet paid the said
serveral sums of money or any
or either of them or
thereof, to the siad plaintiff
although often requested so to
do and athough he the said
defendant afterwards to wit on
the
in the year of Our Lord one thou
sand eight hundred and thirty
five
was requested by the plaintiff
to do, but the said defendant
to pay him the same hath
still doth neglect and refuse to
wit to the damage of the said
plaintiff of two thousand Dollars
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We command you to Attach
by all and singular
goods, chattels, moneys, credits, and effects, or so much thereof as shall be
sufficient to secure the sum of
with interest and costs of suit, in whose
hands or possession soever the same be found, in your bailiwick, that the said
be and appear at the next term of the
on the first day of said term, to be holden at the city of
and for the county of
then and there to answer unto
of a plea of
to the damage of said plaintiff of
dollars: And also that you might summon all and every person, in whose
hands or possession soever, any such lands, tenements, goods, chattels, moneys,
credits or effects may be found, and particularly
before the judge of our said court, on the first day of the term aforesaid,
then and there to answer unto what may be objected against them; and have
you then there this writ.
Executed this writ by reading
to
1835
as Garnishee by declaring to them in the presence
of
neighbor head that by virtue of this said writ
I did attach in their hands all the lands
tenements goods Chattets Monies Credits and
Effects of
herein
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vs
3 Counts
Damage $ 2000
attachment
to be
to be garnisheed
for plaintiffs
The plaintiff is within action of assumpset
deposeth and sayeth that the defendant in
within action is justly indebted to the said
plaintiff in a sum exceeding the sum of fifty
Dollars to wit in the sum of three hundred
dollars that such deponent verity be
of or residing within this state and that he
has so absented himself from this state that
the ordinaty process of law cannot be arved
on him.
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The plaintiff aforesaid
comes and files according to the
such
Allegations and
moned as granishees in this case, namely
1. said plaintiff alleges that at the time
the said
were summoned as garnishees in this suit they were
indebted to said defendant in the sum
of two thousand Dollars for goods, wares
and merchandize, beaver, beaver
defendant before that time
2 Also that at the time said garnishees aforesaid were
summoned as such, they were indebted
to the aforesaid Defendant
Dollars for land sold and conveyed goods
wares and
& for notes, bonds, account & other
in action assigned by said defendant
aforesaid to the said garnishees.
3. Also that when said garnishees were
moned as such as aforesaid they had in
their
fur
to said Benjanin
to a large amount and of great value
to wit of the value of two thousand Dollars
4. Also that there has come to the hand
of said granishee, since they were so
summoned as aforesaid
moneys, credits, & effects of said defen
dant aforesaid of great value to wit of
the value of two thousand Dollars
And the plaintiff aforesaid prays
that said granishess aforesaid may
be compelled on their oaths fully
to answer the above allegations and
particularly & specially the following
1.When summoned as garnishees in this
suit were you or either of you or you or either of your with others indebted
to said Defendant done as to said
Defendant with others for goods wares
and
as either of you or you or either of you with others
you from above named defendant
alone or with others
in the sum of Two thousand Dollars
if not in the sum stated how much
did you or either of you or you or either of you with others owe him alone or him with others
2.when summoned as granishes as aforesaid
were not you or either of you or you or either of your with others indebted
to the said defendant or to the said
defendant with others as stated in
the second allegation if not so indebted
how were you indebted and in what sum?
3. When summoned as such garnishes
is aforsaid were or either
to the above defendant or to the above
defendant with others or had not you
or either of you or you or either of you
with others in the
you or either of you or you or either of
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you with others the land property & effects
of said defendant or of said defendant
with other as mentioned in the fourth
allegation?
Please State
or either of you with others then
had in the possession, coustody or charge
of you or either or of you or either
of you with others belonging to
the said defendant or to the said
defendant with others,
specifying to whom said property
& effects belonged & the value thereof
4. Has there not come into the possession
custody or charge of you or either of you
or you or either of you with others since
you were
goods, chattels, moneys, credits & effects
of said Defendant or of said defendant
with others as stated in the fourth
allegation aforesaid- ?
please state particularly specify
perty or effects of the above defendant
or of the above Defendant with others
have come into the possession custody or charge of you
or either of you or you or either of
you with others, adding the name of
the person to whom the same belongs
and the value thereof, to wit of each
item, ?
The plaintiff above named prays that the said
garnishees may be ordered fully to
answer the foregoing allegations. &
in
of the next term of this court
In the Circuit Court of the
action of
vs
Garnishees
Joseph
Allegations & interrogatories
order of pub Book 7-- 457
on
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vs
B.
Executed this writ by Reading it to
1836
Solomon &
in my county
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
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shee with
of the Statute in such case made and provided first being duly
Sworn makes the following Statements on oath for answer :
For answer to the
first allegation: he says that, at the time the siad
not in debted to said Defendant
sum of two thousand dollars for
beaver,
said defendant before that time.
For answer to the
said Garnishees aforesaid were summoned as such, they were not
indebted to the aforesaid defendant
in the sum of two thousand dollars for land sold and conveyed, goods
accounts and other
aforesiad to the said garnishees.
For answer to the third allegation;- he says, that when
said Garnishees were summoned as such as aforesaid they had
not in their possession custody or charge lands
money, goods, wares &
bills and accounts belonging to said
to a large amount & of great value, to wit, of the value of two
thousand dollars.
For answer to the Fourth Allegation;- he says, that there
so summoned as aforesaid moneys, goods,
effects of the said defendant aforesaid of great value, to wit of the
value of two thousand dollars. And the above named
the above statements
filed & exhibited in the above entitled suit.- And for answer to the
several Interrogatories which the siad plaintiff prays the said
Garnishees aforesaid may be
swer, the said
under oath.
For answer to the first interrogatory; he says when sum
moned as Garnishees in this suit neither was he the said Jospeh
Powell, nor were the said
of them as far as he knows
Defendant alone or to the said defendant with others. for goods
and
chased by him the said
or with others from the above
others in the sum of two thousand dollars, nor did he or they or
as he knows
alone or the said Defendant with others any sum or account whatsoever.
For answer to the
moned as Garnishees as aforesaid
nor were they the said Peter Powell & Joseph Powell nor as far
was
or to the said Defendant with others as stated in the second allegation
of the said plaintiff; nor in any other manner or way, nor by any
other means was he, or they, or as far as he knows, either of
indebted alone or with others to the said defendant alone or with
others in any sum or amount whatsoever.
For answer to the Third Interrogatory; he says that when
summoned as such
nor, as far as he knows was either of them alone or with others
fendant or to the above defendant with others; that neither had
he the said
in the possession custody or charge of him the said
or them the said
knows either of them alone or with others the
of said Defendant or of said defendant with others as mentioned in the
fourth alligation said plaintiff... And the said
sataes; that neither had be nor the siad Peter Powell & Joseph Powell
nor as far he knows either of them alone or with others
property or effects whatsoever in the possession custody or charge of
him, them, or as far as he knows either of them alone or with others
belonging to the said defendant or to the said Defendant with others at
the time mentioned in the said
For answer to the Fourth Interrogatory; he says that there has
not come into the possession custody or charge of him the said
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he knows
as such Garnishees
Defendant or of said defendant with others as stated in the Plaintiffs
no property or effects of the
with others have come into the passession, custody or charge of the
said
he knows either of them alone or with others and therefore he is unable,
as he is frequently requested in the said plaintiffs Interrogations "Par
ticularly to specify & describe" any property or effects or "to add the
to with in value of each item"
The above an the answers under Oath which the said
gations & Intrrogations according to the
prayer and of the Staute in that behalf made &
nature of the case & circumstances
John Adams
vs
Answer of
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as garnishee with
interrogatories filed
to & by virtue of the statute in such case made & provided first
being duly sworn for answer makes the following statements
on oath:
For answer to the First allegation; he says that at
the time the said
as garnishees in this suit they were not indebted to said Defend
ant
dollars for goods wares, merchendise, beaver beaver traps, fur &
other matters purchased by then of said defendant before that
time
For answer to the second allegation, he says that at the
time said garnishees aforesaid were summoned as such they were
not indebted to the aforesaid defendant
in the sum of two thousand dollars for land sold and
goods wares & mer
bonds accounts & other
fendant aforesaid to the said garnishees.
For answer to the Third allegation, he says that when
said garnishees were summoned as such as aforesaid they had
not in their
money, goods, wares and merchandise fur and beaver, notes, bonds
bills and accounts belonging to said
to a large amount and of great value, to wit of the value of two
thousand dollars.
For answer to the Fourth allegation; he says that there have
not come to the hands of said garnishees since they were so
as aforesaid moneys goods chattles, credits and effects of
of the said Defendant aforesaid of great value; to wit of the value of
two thousand dollars And the above named
ing to the tenour of the said plaintiff's prayer makes the above state
ments under oath in answer to the allegations filed
which the said plaintiff prays the said garnishees aforesaid may be
compelled on their oaths fully to answer the said
the following further statements under oath
For answer to the first
moned as garnishees in this suit neither was he the said
nor were the said
as for as he knows alone or with others indebted to the said defendant
alone or to the said defendant with others for goods
said
or as far as he knows either of them alone or with others from the
above named defendant alone, or said defendant with others, in the
sum of two thousand dollars; nor did he or they or as far as he
either of them alone or with others,
the said defendant with others any sum or amount whatosever
For answer to the second Interrogatory; he says that when
summoned as
nor as far as he knows was either of them alone or with others in
debted to the said Defendant or to the said Defendent with others
as stated in the second allegation of the said plaintiff; nor in any
other
as he knows either of them alone or with others indebted to the said
Defendant alone or with others in any sum or amount whatsover
For answer to the Third Interrogatory: he says that when
summoned as such
said
others indebted to the above defendant or to the above defendant
with others; that neither had he the said
the said
them alone or with others in the
the said
as far as he knows either of them, alone or with others, the land, property
or effects of said Defendant, or of said Defendant with others as mentioned
in the Fourth allegaiton of said plaintiff: and the said
also states that neither had he nor the said
property or effects whatsoever in the possession
him them or as for as he knows either of them, alone or with others, be
longing to the said Defendnat, or to the said defendant with others at the
time mentioned in the said Third Interrogatory.
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For answer to the fourth Interrogatory; he says, that there have
not come into the possession, custody or
far us he knows either of them alone or with others since they were sum
moned as such
of said Defendant or of said Defendant with others as stated in th4e plain
tiffs fourth allegation aforesaid. And the said
no property or effects of the above Defendant, or of the above defendant
with others have come into the possession, custody or charge of the said
knows either of them,
he is frequently requested in the said plaintiff's
larly to specify and describe" any property or effects, or "to add the name
of the person to whom the same belong," or, "the value thereof to wit
the value of each item."
The above are the matters and answers under oath which the said
cause by leave to be permitted to put in to the said plaintiff's several
allegations and Interrogatories according to the tenour of the said plain
tiff's prayer and of the statute in that behalf made and provided
which said answers, statements & matters are as full positive and
satisfactory as in the nature of the case and circumstatnces may be
possible.
I
of the court of Common Pleas
Do
is an
Ex officer a Justice of the Peace duly Commissioned
and Justified and that full faith
is
vs
Answer of
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attachment
vs
publication
costs of publication$ 3 25/100
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Filed in open Court
17. 1836
On motion of the plaintiff by his attorney , It is ordered
that the said
that an action of assumpsit, damages two thousand dollars,
has been
that a write of attachment has issued against his estate, and
that unless he be and appear at the next March Term of
this court, and plead to the action aforesaid, according to
law, a judgment will be entered Against
sold so satisfy the same; and it is further ordered, that
a copy of this order be inserted for four weeks succes
sively, in some newspaper published in the city of
of this court. - A true copy of the order,
Personally appeared before the undersigned, a Justice of the Peace, within and for the county afore
said,
ed advertisement was published in the
of
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vs
attachment
Replication to answer of garnishee
Between
vs
&
The replication
Answer (to the
This rep
self all and all manner of advantage
of exception to the manifold insufficiencies
of the said answer, for replication there
unto say
his said Bill
sufficient in the law to be answered unto
and that the said answer of the
is uncertain untrue and unsufficient
to be replied unto by this
that, that any other matter or thing whtat
soever in the said answer contained
replied unto, confefred and
matters & things this
be ready to
ble Court shall
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vs
attachments
Replication
of
Between
in an attachment suit of a
above
The replication of
the answer (to the allegations & interogations
in this Suit) of
This repliant saving &
manner of advantage of
insufficiencies of the said answer for replication
his said Bill or Allegations &
tain & sufficient in the Court to be answered
unto and that the said answer of the
said garnishee is uncertain
sufficient to the replied unto by this
without that , that any other matter or
thing whatsoever in the said answer con
tained material or
be replied unto,
or denied is
this
& prove as this honourable Court shall
& humbly prays
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Executed this writ by reading to
&
county of
my county of
vs
B.
You are hereby commanded to summon
before the Judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
is plaintiff and B.
is defendant on the part of the
plaintiff and have you then and there this writ.