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The Court met pursuant to adjournment. Present as before.
In Partition. Fremon and Rebu file their claim of Two hundred dollars, herein, for
On motion, the Court appoints Lawrence K. Kinsey, Esq.,
life estate of Sarah Cooper, in the proceeds of the sale of the land sold by the Sheriff.
Change of Venue. Now at this day come the parties by their respective attorneys, and
thereupon the plaintiff, by his attorney files a motion duly verified by affidavit for
a change of venue in this cause, which motion is submitted to the Court; Whereupon, on motion of said
defendant, leave is given him to withdraw
of the plaintiff's petition, to which the plaintiff excepted, and files his Bill of Exceptions herein
and the plaintiff's said motion for a change of venue, being here fully understood. It is consid-
ered by the Court, that the same be sustained;_and it is ordered by the Court and that the venue in this cause be changed to the St Louis Court of Common Pleas and
to the Clerk of the Saint Louis Court of Common Pleas, a certified copy of the Record and proceedings in this cause
and the original papers not forming a part of said Record
Judgment. Now at this day come again the parties aforesaid, by their respective attorneys
and the Jurors empannelled and sworn herein, also come, the trial of this cause being con-
cluded, the Jurors aforesaid upon their oaths aforesaid, find the
five hundred and ninety dollars. It is therefore considered by the Court, that said plaintiff recover of said def-
endant, the sum aforesaid in form aforesaid, as found, and his costs and charges herein expended, and have
execution therefor.
Now at this day come the parties aforesaid, by their respective attorneys, and there-
upon come also a Jury, to wit: Alexander McCurdy, Henry Weisenfels, J.W. Smith,
John Hoffman, James Chardow, Turner Maddox, George A McKay, Henry Bannow, Frederick Jenkins, B.
Greyow, John Bumberry and John O. Quinn, twelve good and lawful men, who being duly elected tried
and sworn the matter in controversy well and truly to try, the trial of the cause not being finished
is laid over until
by striking out of said petition, so much thereof as asks for partition of the premises.
Demurrer to plaintiffs petition filed
Bill of Exceptions filed.
On motion of said defendants, by their attorney, it is ordered by the Court, that
Henry B. Belt, Esq., substituted trustee in place of Frederick Hyatt, Esq, pay into
this court, on or before the first day of the next term hereof, all moneys remaining in his hands, under the order of this Court
of d, 1852
The death of said plaintiff having heretofore been suggested, and no representation
having been brought in, it is ordered by the Court, that this cause be continued.
John F. Hatcher enters his appearance, and files his answer herein.
On motion of said plaintiffs, it is ordered by the court, that this cause be continued
at the costs of said plaintiffs
Now at this day comes the said plaintiff, by his attorney, and files his motion verified by
affidavit, for a continuance of this cause, and the Court having duly heard and considered
the same, doth order that said motion be overruled.
Now at this day come said defendants, by their attorney, and pray an
appeal to the Supreme Court, which is granted.
Motion to set aside order filed.
Agreement of counsel filed.
that this cause be
Continued by consent.
Continued by consent.
Continued by consent.
The Court having duly heard and considered, the motion, of said defendant, by her
attorney to set aside default, and being thereof fully advised, doth order that said mo-
tion be sustained.
The Court having duly heard and considered the Demurrer of the said defendant
to the amended petition of the said plaintiff, and being thereof fully advised, doth
doth order that said Demurrer be overruled. Leave to answer on or before the first day of the next
term of this court.
The Court having duly heard and considered the motion, of said plaintiffs, by their attorney
to strike out portions of answer and to suspend all further steps, till this motion be
upon, and being thereof fully advised, doth order that said motion be sustained. Bills of Exception filed
Leave to amend answer by striking out portions from the original answer filed.
The Court having duly heard and considered the Demurrer of the said Defendants, by their
attorney, to the petition of said plaintiffs, and being thereof fully advised, doth order that said Demurrer
be sustained; Leave to plaintiffs to amend their petition on or before the first day of the next term hereof.
The Court having duly heard and considered the motion of said defendant, by her attorney, to strike
out part of amended petition, and being thereof fully advised, doth order that said motion be sustained.
Leave to amend on or before the first day of the next term.
The Court having duly heard and considered the motion of the said plaintiffs, by their attorney
for a new trial, and being thereof fully advised, doth order that said motion be sustained
The Court having duly heard and considered the motion of said plaintiff to strike out parts
of the answer of the said defendant, and being thereof fully advised, doth order that said mo-
tion be sustained, leave to amend answer by striking out portions, from the original answer filed
The Court having duly heard and considered the motion of said defendant by its attorney
for security costs, and being thereof fully advised, doth order that said motion be sustained
And
The Court having duly heard and considered the motion of said plaintiff, by his attorney
to strike out amended answer, and being thereof fully advised, doth order that said motion
be sustained, without prejudice to the rights of the defendants, within ten day, to file
answer according to leave given heretofore, for the purpose.
The Court having duly heard and considered the motion of said defendants, to vacate
and amend record, and being thereof fully advised, doth order that said motion be overruled
Report of Henry B. Belt, trustee appointed by Court filed.
Appeal. Non-Suit. This cause coming on to be heard, neither party appearing, it is order-
ed by the Court, that said plaintiff take nothing by his said suit in this behalf, but that
said defendant go hence without day and recover of said plaintiff his costs and charges in this behalf expend-
ed, and have execution therefor.
the Court, that this cause be
be discharged, at the costs of the said plaintiff, and that Execution
Continued as on affidavit of the said plaintiff, and at his costs.
Continued at the costs of the said plaintiffs
Answer filed.
Motion to set aside Judgment, and Bill of Exceptions filed
Motion to set aside Judgment, and bill of Exceptions filed.
Declaration under statute, filed.
Answer filed
Answer and exhibits of defendants filed
The Court adjourned until
A. Hamilton
Motion to
Answer filed
comes into open court, and acknowledges the execution, by him, of a Deed of Emancipation of a slave name Charles
Nowell, aged about Twenty four years, with straight hair and a complexion nearly white, in stature five
feet four inches.
this cause be
Scire Facias on Lien. Judgment. Now at this day comes the said plaintiff by his
attorney, and the said Defendants failing to appear, the said plaintiff waiving
a Jury, this cause is submitted to the Court, upon the pleadings, exhibits and proofs, and the Court after hav-
ing duly heard and considered the same, doth find that said plaintiff hath sustained damages, by the reason
of the premises, in the Scire Facias set forth, at the sum of three hundred and thirteen dollars and fifty cents; and
it appearing to the Court, that said demand has been filed as a lien against the following described real estate, to wit: "A three story brick building with an ell or backing building attached, being about twenty two feet in
front by about thirty-six feet in depth, including said back building, and is erected and built upon the follow-
ing described lot, to wit: a parcel of land lying on the east side of Sixth street, in Block No. One hundred and Eigh-
teen (118), in the City of St. Louis and State of
corner of St. Charles and Sixth Streets, in the western line of Sixth street; thence southwardly along said line twenty
two feet thence eastwardly and parallel with Saint Charles Street, sixty eight feet, thence northwardly and
parallel to Sixth street, twenty two feet, thence westwardly and parallel to St. Charles street to the place of begin-
ning: Bounded on the north by a Church, on the east by an alley, on the south by Thomas J. Beirne, and on the West
by Sixth street:" and that no other demand has been filed against said premises. Therefore, it is considered and
adjudged by the Court, that said plaintiff recover of said defendants, the sum aforesaid, in form aforesaid, as found
and their costs and charges herein expended, and have execution therefor, against the property herein described.
On motion of said plaintiff, by his attorney, it is ordered that an alias writ of summons
Continued by consent.
Continued by consent
Dedimus. On motion of said plaintiff it is ordered by the Court, that a Dedimus
to Jackson, Iowa, and another to Galena Illinois, on the part of said plaintiff.
Dedimus. On motion of said plaintiff, it is ordered by the Court, that a Dedimus
fendant, by his attorney, it is ordered by the Court, that a Dedimus
on the part of said defendant.
By consent of parties, Leave is given defendant 'till the first day of June to demur or answer.
Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the
the said defendant, although duly summoned and called comes not but makes default, where-
fore on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of the said
plaintiff, be taken against the said defendant as
to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writin on
which this action is founded, that said defendant is indebted to said plaintiff in the sum of Six hundred and
Eighty dollars and eighty eight cents. It is therefore considered and adjudged by the Court that said plaintiff recover
of said defendant the sum aforesaid in form aforesaid, as found, and his costs and charges herein expended
and that execution
Default. Judgment. Now at this day comes said plaintiff
by his attorney, but the said Defendants although duly summon-
ed and called come not but make default; Wherefore, on motion of said plaintiff, by his attorney it is ordered
by the court, that the petition of the said plaintiff, be taken against the said defendants as Where- and the plaintiff, waiving a Jury, submits this cause
fore on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of the said plain-
tiff, be taken against the said defendants as
to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing
on which this action is founded, that said defendant is indebted to said plaintiff in the sum of Five hundred and
sixty five dollars and five cents. It is therefore, considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid in form aforesaid, as found and his costs and charges
herein expended, and that execution
Motion to amend record, nunc pro tunc, by setting out the finding of the Court, on all the
made.
Divorce Judgment. Now at this day comes the said plaintiff by his attorney, and the
said defendant, although duly summoned and called comes not but make default; Where-
fore, on motion of said plaintiff, it is ordered by the Court that the petition of said plaintiff by taken against
said defendant as
the exhibits and proofs, and the Court having duly heard and considered the same, doth find from such
proofs that the said plaintiff is an innocent and injured party. It is therefore, ordered ajudged and decreed
by the Court, that said plaintiff be absolutely and forever, divorced from the bonds of matrimoney by him contract-
ed, with said defendant, and be restored to all the rights and privileges of an unmarried person. It is further order-
ed by the Court, that the said plaintiff pay the costs and charges herein expended and that execution
therefor.
Demurrer filed.
Motion for security for costs filed
Motion for security for costs filed
Proof of publication filed.
Amended answer filed
Continued by consent.
Bill of Exceptions filed. By agreement of Parties the taking of an account as required by the
by the Judgment of the Court herein, is waived the state of accounts and the pecuniary conditions of the
said partnership sufficiently appearing from the account of the Receiver herein; and the report of the said Receiver is confirmed, and
he is hereby required to deposit the funds in his hands with Loken, Rennick & Co., of Saint Louis, upon the usual rate of interest
to his credit as Receiver, in this cause, subject to the further order of this Court.
The Court having duly heard and considered the motions of said defendants this day filed herein, for re-
view of law and fact, and to set aside order confirming report of referrees and awarding execution and
also for New trial, and being thereof fully advised, doth order that said motions be overruled Bill of Exceptions filed
The Court having duly heard and considered the motion fo said defendants to strike a paper
from the records and for final order, that the first specification of said motion be sustained , and
and that the second sepecification of said motion be overruled. Leave given said plaintiffs to amend on or before the first day of the next term of this Court.
The Court having duly heard and considered, the motion of said defendant, for further security
on an attachment bond herein, and being thereof fully advised, doth order that said motion be sustained
Leave to file additional bond, on or before the first day of next term.
The Court having duly heard and considered the Exceptions of said Defendants to the Report of
the
ruled and that the Report of said
On motion of Evans Casslebury Esq. it is ordered by the Court that the account of William H.
Cozens for thirty eight dollars and seventy five cents, that the said Casselberry's account as attorney for
fifty dollars, and the accounts of William Milburn, Zene Mackey and Alexander Kayser,
dollars, be allowed, and taxed as costs in this suit.
Now at this day come as will the said plaintiff, in proper person, and the said Charles F. Tracy
and Sophie Tracy, his wife, by their attorney, and the said defendants file a motion herein,
praying the Court, to declare and determine, what are the rights and interests (if any) of the said Sophie Tracy in the
proceeds of the sale of the property described in the plaintiff's petition; and thereupon, the Court, not having fully consid-
ered the said motion, orders that the said plaintiff file a bond, with security to be approved by this Court for the
sum of two hundred dollars, conditioned that the said plaintiff, shall pay any sum, which the Saint Louis Circuit
Court shall finally adjudge to be paid to said Sophie as her dower (if any she has.) in the property sold in said
suit_ Thereupon the said plaintiff files his bond accordingly with Trusten Polk as security, which said bond is approved
by the Court.
New trial granted
Answer filed.
Motion to dissolve Injunction filed
Second amended Petition filed by consent, and answer filed.
Allegations and Interrogatories filed.
Proof of Publication filed.
Answer filed.
Answer to Amended
Petition filed.
Plaintiffs file a bond herein according to the order heretofore made,
which bond is approved by the Court.
Motion for Security for costs filed.
Amended Answer filed.
Amended Answer filed.
Amended Answer filed.
Amended Answer filed.
Amended Answer filed.
Motion to render Judgment in favor of Wells for the
amount of damages rs filed.
Amended Declaration filed.
The Court met pursuant to adjournment. Present as before.
Substitution of Trustee. It appearing to the Court, from the statement of
Charles Marlow, duly verified by affidavit, that Benjamin F. Townsend
trustee of a certain deed of trust of real estate, made and executed on the
Eighteen hundred and fifty three
page 114, has since the said appointment departed this life without having completed the per-
formance of the duties therein imposed on him. It is therefore ordered that Turner Maddox, Sheriff of the County of St. Louis, be and he is hereby substituted and appointed trustee in the place of Benjamin F. Townsend, with the like trusts and powers.
Report of Referrees Confirmed. On motion of plaintiff's, the Report of the
Referees, filed
ment for the amount of Six thousand seven hundred and fourteen dollars and eighty two cents._
It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the
sum aforesaid, in form aforesaid, as found by said Referrees, and his costs and charges herein expended,
and that he have hereof execution, and it is further ordered, that the sum of Seventy five
said referees, for services as such, and the same be taxed as costs in said suit.
The defendant, by his attorney, files a motion to strike paper marked "filed
ber 21, 1845
duly heard and considered the said motion, and being thereof fully advised doth order that said
motion be overruled, with leave to plead herein. Plea filed.
Dedeimus._ On motion of said defendant by his attorney, it is ordered by the
Court that a
sylvania, on the part of the said defendant.
Answer filed
Answer filed
Answer and offset filed.
The Court met pursuant to adjournment. Present as before.
Default. Judgment. Now at this day
come the the said plaintiffs, by their at-
torney, but the said defendants although duly summoned and called come not but make default._
Wherefore on motion of said plaintiffs by their attorney it is ordered by the Court, that the petition of the said
plaintiffs be taken against said defendants as
cause to the Court, and the Court having duly heard and considered the same, doth find from the instru-
ment of writing on which this action founded, that said defendants are indebted to said plaintiffs in the
sum of Two hundred and twenty nine dollars and forty-nine cents. It is therefore considered and adjudg-
ed by the Court that said plaintiffs recover of said defendants the sum aforesaid in for aforesaid as
found, and their costs and charges herein expended, and that execution
Exceptions to plaintiff's depositions filed. The Court having duly heard and con-
sidered the motion of said defendant to
and being thereof fully advised, doth order that said motion be sustained and the cause is con-
tinued
Continued as
Answer and offset and replication to offset filed.
Continued by the consent of parties
Continued by the consent
Continued by consent.
Continued by consent.
Continued by plaintiff as on affidavit, at the plaintiffs costs
Motion to
The Court met pursuant to adjournment. Present as before.
William Dukes, a native of England, who applies to be 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
stitution of the United States, and well disposed to the good order 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, the 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 Victoria, Queen of Great Britain and Ireland of whom he is at present a subject, therefore the said William Dukes is ad-
mitted a citizen of the United States of America.
Now at this day come again the parties aforesaid by their respective attorneys
and thereupon come also the Jury duly empannelled and sworn herein, and the
Jurors aforesaid upon their oaths aforesaid, do find for the defendant. It is therefore considered and
adjudged by the Court, that said plaintiff take nothing by his said suit, and that said defendant
go hence without day and recover of said plaintiff his costs and charges herein expended, and that
execution
Non Suit.
Now at this day, this cause being called for trial, and neither party appear-
ing, it is ordered by the Court, that said plaintiffs take nothing by their said
suit in this behalf, and that said defendant go hence without day and recover of said plaintiffs, his costs and
charges herein expended, and have execution therefor.
Non Suit. Now at this day, this cause being called for trial, and
neither party appearing, it is ordered by the Court, that said plaintiff
take nothing by his said suit, in this behalf, and that siad defendant
go hence without day and recover of said plaintiff, his costs and charges herein expended and have execution
therefor.
On motion of said defendants, by their attorney, it is ordered by the
Court, that a Deimus
of said defendant.
Continued.
Continued