data are freely accessible
This electronic document is published as part of the St Louis Circuit Court historical records project.
Be it remembered that at a term of the St Louis
Circuit Court begun and held at the City of St Louis,
within and for the County of St Louis on the first
Monday of October being the fourth day of said month, were present Hon
St Louis County,
the Court.
Interrogatories filed.
Interrogatories filed.
Interrogatories filed
Interrogatories filed.
Plea in abatement filed.
Plea in abatement filed.
Plea in abatement filed.
Plea in abatement filed.
Plea in abatement filed.
Answer filed
Mo to dismiss suit filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Mo to discharge garnsishee filed.
Demurrer filed.
Interrogatories filed.
By leave of Court the plaintiff files anamen
ded petition herein, together with the exhibits therein.
Strongs, comes and enters his appearance herein and
warives service of process.
Plea in abatement filed.
Mo for security for costs filed. Demurrer Filed.
Interrogatories filed.
Reply to amended answer filed.
Answer of
Copy of petition, notice of suit, and affidavit of ser
vice filed.
Now at this day come the plaintiffs, by their attorney, and
dismiss this suit as to the dependant
Plea in abatement filed.
Interplea of
Answer of
Answer of
Plea in abatement filed.
Plea in abatement filed.
Amended answer of
by leave of Court.
Answer of
Answer of
Answer of
Answer of
Answer of
Answer of
Answer of
Hall
Answer of
Replication filed.
Answer filed.
Answer filed.
Answer filed.
Demurrer to amended petition filed.
Interrogatories filed.
Demurrer filed.
Motion to dismiss and dissolve attachment filed.
Answer filed.
Demurrer filed.
Answer and
Now at this day come the defendants, by their attorney and
withdraw the answer heretofore filed herein, and, by leave of
Court file an amended answer and also counterclaim herein.
Interrogatories filed.
Interrogatories filed.
Interrogatories filed.
Interrogatories filed.
Interrogatories filed.
Interrogatories filed.
Answer filed.
Answer filed.
Interrogatories filed.
Interrogatories filed.
Interrogatories filed.
Interrogatories filed.
Answer filed.
Answer filed.
Answer filed.
Now at this day comes the plaintiff, by her attorney,
and file proof satisfactory to the Court that the order
of publication heretofore made herein has been duly
published according to law.
Demurrer filed by
Demurrer filed by
Demurrer filed by
Demurrer filed by
Answer filed by
Answer filed by
Demurrer filed by
Confession of Judgment.
Now at this day comes the defendant
and files a statement duty verified by
affidavit, whereby he confesses himself
indebted to the plaintiffs in the sum
of three hundred and twenty three dol
lars and fifty eight cents, and consents that judgment may be rendered against
him for said sum. It is therefore considered by the Court that the said plain
tiffs recover of said defendant the sum aforesaid as confessed and also their costs and
charges herein expended and have thereof execution. The above confession was made
by
embodied in the statement of the defendant.
Confession of Judgment affidavit of plaintiffs filed.
Now at this day come the defendants, and file a
statement in writing duly verified by affidavit, where
by they confess themselves indebted to the plaintiffs
in the sum of five thousand two hundred and sixty
seven dollars and thirty four cents, and consent that
judgment may be rendered against them for said sum. It is therefore considered
by the Court that the said plaintiffs recover of said defendants the sum aforesaid
in form aforesaid as confessed and also their costs and charges herein expended
and have thereof execution, Confefsion made by
Now at this day come the parties by their respect
tive attorneys and consent and agree that judgment
may be rendered in favor of the plaintiffs and
against the defendant for the sum of three hundred
and ninety seven dollars and seventy cents. It is
therefore considered by the Court that said plaintiffs recover of said defendant the
sum aforesaid in form aforesaid as agreed upon together with interest at the rate
of ten percent per annum from this date until paid and also their costs
and charges herein expended and have thereof execution. Stipulation of
parties filed; and by consent executions stayed for three months.
Court met pursuant to adjournment. Present as before.
Interrogatories filed.
Answer filed.
Answer filed.
Interrogatories filed.
vs M
Interrogatories filed.
Interrogatories filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed
Dismissal.
On motion of the plaintiff by his attorney, it
is ordered by the Court, that this suit be dis
missed at his costs and that execution issue therefor.
On motion of plaintiff by his attorney, it is ordered that
an alias summons issue herein for the defendants,
C Wagley
Interrogatories filed.
Answer filed.
Answer of
On motion of the defendant by his attorney the time for
answering herein is intended fifteen days.
Answer of
Answer field
Demurrer field
On motion of the defendant by his attorney the time
for answering is extended one week.
Demurrer field
Demurrer field
On motion of defendants, by their attorney, the time for
pleading herein is extended ten days.
On motion of defendants by their attorney the time
for pleading herein is extended ten days.
Exhibit filed.
Answer filed.
Answer of
On motion of defendant,
days additional time is given him to answer herein.
On motion of defendants by their attorney,
ten days additional time is given him to answer herein.
Answer of
Dismissal
Now at this day comes the plaintiff by his attorney and
dismisses this suit as to the defendant,
On motion of defendant, by his attorney, the time for
answering herein is extended ten days.
On motion of defendant, by his attorney, the time for
answering herein is extended ten days.
Answer of
Answer filed.
On motion of the
plaintiffs by their
attorney it is ordered
by the Court that
the said garnsishees
be discharged at the
costs of the plaintiffs,
and that execution
issue therefor.
Answer of
Answer of
Answer filed.
Answer filed.
Answer of
Answer filed.
Answer filed.
On motion of the plaintiffs, by their attorney, it is or
dered by the Court that the said garnsishee be discharged
hence at the costs of the plaintiffs.
Answer of
Answer filed.
Now at the day came the plaintiffs, by their attorney,
and dismifs this suit as to the defendant. . . . Sherwood.
The time for answering herein is extended ten days.
Answer of
The time for answering herein is extended ten days.
Answer of
Answer filed by the defendants.
Demurrer filed.
Answer filed.
Answer filed.
Answer filed.
Plea in abatement filed.
Now at this day comes the plaintiff by her
attorney and dismisses this suit, at the costs of
said plaintiff. By leave of Court the plain
tiff withdraws the note sued on.
The time for answering herein is extended
to the 11th inst.
Demurrer filed.
Demurrer filed.
Answer filed.
Answer filed.
Interrogatories filed.
Interrogatories filed.
In
Plea in abatement filed.
Answer of
Interrogatories filed.
Answer of
Dismissal
Now at this day comes the plaintiff by his attorney, and on his
motions, it is ordered by the Court that this cause be dis
missed at the costs of said plaintiff and that execution issue therefor.
Dismissal
On motion of the plaintiff by his attorney it is ordered
by the Court that this cause be dismissed at the costs of the
said plaintiff and that execution issue therefor.
Exhibit sued on withdrawn by leave of Court.
Dismissal
Now at this day comes the plaintiff and on his
motion it is ordered that this cause be dismissed at
his costs and that execution issue therefor.
Exhibit withdrawn by leave of Court.
Answer filed.
Answer filed.
The time for answering herein is extended ten days.
Answer of
Bensberg
Answer of
Answer filed.
Answer filed.
Answer filed.
Answer filed by defendants.
Answer of
Interrogatories filed.
Interrogatories filed.
Interrogatories filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Now at this day come the plaintiffs by their attor
ney and file proof satisfactory to the Court that
the order of publication heretofore made herein has
been duly published according to law.
Motion to quash Sheriffs return filed.
Motion for the appointment of Commissioners to Court
vote find motion to set cause for trail filed by plaintiff:
motion to quash notice of contest filed by defendant.
Interrogatories filed
Motion to strike out parts of petition filed.
Demurrer filed.
Interrogatories filed.
Answer filed by the defendants.
Answer filed by the defendants.
Answer filed by the defendants.
Answer filed.
Answer filed.
Dismissal.
On motion of the plaintiffs, by their attorney
it is ordered by the Court that this suit by dis
missed at their costs and that execution issue
therefor.
Answer of
Court acknowledges the execution of a deed of emancipation by him to this negro
slave named
Answer of
Bensberg
C Reuss
Answer of
Answer filed.
Answer of
Answer filed.
Answer filed.
Answer and offset filed.
Demurrer filed.
Interrogatories filed.
Separate answer of
Plea in abatement filed.
Demurrer and answer of
Answer filed.
Answer filed.
Confession of Judgment
Now at this day comes the defendant and files a state
ment in writing duly verified by affidavit whereby he con
fesses himself indebted to the plaintiffs in the sum of
nineteen hundred and ninety eight dollars and consents
that judgment may be rendered against him for that amount. It is therefore con
sidered by the Court that said plaintiffs recover of said defendant the sum aforesaid
in form aforesaid as confessed and also this costs and charges herein expended and
have thereof execution.
Interrogatories filed.
The time for answering herein is extended ten days.
Interrogatories filed.
Answer filed.
Answer filed.
Answer of defendant
Answer of
Claim of
Now at this day come the parties
and exhibits the mandate of the Su
preme Court and it appearing that the
order heretofore made by this Court requiring
herein, to allow and classify under said assignment a certain claim of
Woods
Woods
for the sum of Seventeen hundred and forty dollars and thirty four cents, has
been reversed by said Supreme Court, it is ordered by the Court, with the con
sent of all parties, that said assignee disallow said demand of
ty and Company
Interrogatories filed.
Interrogatories filed.
Answer and Offset filed.
Motion to quash Sheriff Return filed.
Answer of
Answer of
Answer of
Answer filed.
Answer filed.
On Certificate of Deposit.
Now at this day comes the
tion
Rice
dred and thirty four dollars and ninety five cents and
files a prayer that the plaintiff and the defendant
for said fund.
Court met pursuant to adjournment. Present as before.
On note.
Now at this day comes the plaintiff by his attorney, but
the said defendants although duly summoned and
called come not but make default, wherefore on motion
of the plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against them as confessed; and the Court finds from
the instrument of writing on which this action is founded that the said defendants
are indebted to the said plaintiff in the sum of two hundred and nine dollars and
forty eight cents. It is therefore considered by the Court that the said plaintiff recov
er of the said defendants the sum aforesaid in form aforesaid as found, and also his
costs and charges herein expended and have execution therefore.
On note.
Now at this day comes the plaintiff by his attorney, and dis
misses this suit as to the defendants
defendants
duly summoned and called come not but make default, where
fore on motion of plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against them as confessed; and the Court finds from
the instrument of writing on which this action is founded that the said defendants
and twenty eight dollars and ten cents. It is therefore considered by the Court that
the said plaintiff recover of the said defendants,
said in form aforesaid as found and also his costs and charges in this behalf expen
ded and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendants, although duly summoned and
called, come not but make default, wherefore on
motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against them as confessed; and the Court
finds from the instrument of writing on which this action is founded that the
said defendants are indebted to said plaintiff in the sum of Eleven hundred
and ninety six dollars and eighty three cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendants the sum aforesaid in form afore
said as formed together with interest at the rate of ten percent per annum until paid
and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiffs, by his attorney,
but the defendant, although duly summoned and called
comes not but makes default, wherefore on motion of the
plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against them as confessed; and the
Court finds from the instrument of writing on which this action is founded that
the said defendants is indebted to the said plaintiffs in the sum of three hundred and
and forty six dollars and ninety two cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendant the sum aforesaid in form
aforesaid as found and also their costs and charges herein expended and have exe
cution therefore.
On note.
Now at this day comes the plaintiffs, by his attorney,
and dismisses this suit as to the defendant,
Sell
Sheppard
not but makes default, wherefore on motion of the
plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against them as confessed; and
the Court finds from the instrument of writing on which this action is founded
that the said defendant is indebted to the plaintiffs in the sum of five hundred
and eighty six dollars and thirty eight cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendant the sum aforesaid inform
aforesaid as found, and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiffs, by his attorney,
and defended, although duly summoned and called
comes not but makes default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against them as confessed; and the Court finds from the instrument of writing
on which this action is founded that the said defendant is indebted to the said
plaintiff in the sum of two hundred and twenty nine dollars and forty cents. It
is therefore considered by the Court that the plaintiff recover of the said defen
dant the sum aforesaid in form aforesaid as found together with interest at the
rate of ten percent per annum until paid and then costs and charges herein ex
pended and have execution therefor.
On note.
Now at this day comes the plaintiff by his at
torney, but the defendants, although duly summoned
and called come not but make default, wherefore,
on motion of plaintiffs attorney, it is ordered by
the Court that the petition herein be taken against them as confessed; and the Court
finds the instruments of writing on which this action is founded that the said defendants
are indebted to the said plaintiff in the sum of ten hundred and fifty two dollars
and seventy cents. It is therefore considered by the Court that the said plaintiff recover
of the said defendants the sum aforesaid as found and also his
costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but the
defendants although duly summoned and called come not
but make default, wherefore, on motion of plaintiffs attorney,
it is ordered that the petition herein by taken against said
defendants as confessed; and the Court finds from the
instrument of writing on which this action is founded that the said defendants
are indebted to said plaintiff in the sum of three hundred and forty eight dollars
and eighty cents. It is therefore considered by the Court that the said plaintiff recover
of said defendants the sum aforesaid in firm aforesaid as found and also his
costs and charges herein expended and have execution therefore.
On note.
Now at this day comes the plaintiff, by his attorney, and
dismisses this suit as to the defendant,
but the defendants,
although duly summoned and called come not but make
default, wherefore on motion of plaintiffs attorney, it is ordered
that the petition herein be taken against them as confessed; and the Court
finds from the instrument of writing on which this action is founded that the
said defendants are indebted to the said plaintiff in the sum of two hundred
and seventy three dollars and fifty cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendants the sum aforesaid in form
aforesaid as found and also his costs and charges herein expended and
have execution therefore.
On note.
Now at this day comes the plaintiff by his attorney and
dismisses this suit as to the defendant,
but the defendants,
although duly summoned and called, come not but make
default, wherefore on motion of plaintiffs attorney, it is or
dered by the Court that the petition herein be taken against them as confessed;
and the Court finds from the instrument of writing on which this action is foun
ded that the said defendants are indebted to the said plaintiff in the sum of one
hundred and forty seven dollars and ninety three cents. It is therefore considered
by the Court that the plaintiff recover of the said defendants the sum aforesaid in
form aforesaid as found, and also his costs and charges herein expended and have
execution therefor.
Answer filed.
Answer filed.
On note.
Now at this day comes the plaintiff, by his attorney, but
the defendant although duly summoned and called, comes
not but make default, wherefore on motion of plaintiffs
attorney it is ordered by the Court that the petition herein be taken against him
as confessed; and the Court finds from the instrument of writing on which this
action is founded that said defendants is indebted to the plaintiff in the sum
of twenty one hundred and forty seven dollars and ninety three cents. It is there
fore considered by the Court that said plaintiff recover of the said defendants the
sum aforesaid in form aforesaid as found, together with interest thereon at the rate
of ten percent per annum until paid, and his costs and charges herein expended
and have execution therefor.
Dismissal.
On motion of the plaintiffs by their attorney, it
is ordered by the Court that this cause be dismissed
at the costs of the said plaintiffs.
On note.
Now at this day comes the plaintiff,
by their attorney, but the defendants
although duly summoned and called
come not but make default, wherefore,
on motion of plaintiffs attorney, it is ordered by the Court that the petition
herein be taken against them as confessed; and the Court finds from the instru
ment of writing on which this action is founded that said defendants are
indebted to said plaintiffs in the sum of twenty hundred and twenty seven dol
lars and thirty eight cents. It is therefore considered by the Court that said
plaintiffs recover of said defendants the sum aforesaid in form aforesaid as
found and also his costs and charges herein expended and have execution therefore.
On note.
Now at this day come the plaintiffs, by their attor
ney, but the defendants, although duly summoned
and called, come not but make default, wherefore, on
motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against
them as confessed; and the Court finds from the instrument of writing on which
this action is founded that said defendants are indebted to said plaintiffs in
the sum of two hundred and ninety three dollars and forty five cents. It is there
fore considered by the Court that the said plaintiffs recover of the said defen
dants the sum aforesaid in form aforesaid as found and also their costs and
charges herein expended and have execution therefor.
Plea in abatement filed.
On note.
Now at this day comes the plaintiff, by their attorney, but
the defendants, although duly summoned and called, come
not but make default, wherefore, on motion of the plain
tiffs attorney, it is ordered by the Court that the petition
herein be taken against them as confessed; and the Court finds from the instru
ment of writing on which this action is founded that the said defendants are in
debted to the said plaintiff in the sum of one hundred and eighty five dollars
and sixty four cents. It is therefore considered by the Court that said plain
tiffs recover of the said defendants the sum aforesaid in form aforesaid as found
and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs by their attorney
but the defendants, although duly summoned and
called, come not but make default, wherefore, on
motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against
them as confessed; and the Court finds from the instrument of writing on
which this action is founded that said defendants are indebted to said plaintiff
in the sum of twenty three hundred and twenty seven dollars and eight cents.
It is therefore considered by the Court that said plaintiffs recover of the said
defendants the sum aforesaid in form aforesaid as found and also his costs and
charges herein expended and have thereof execution.
On note.
Now at this day come the plaintiff, by their attorney
but the defendants, although duly summoned and called
come not but make default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against them as confessed; and the Court finds from the
instrument of writing on which this action is founded that said defendants are
indebted to said plaintiff in the sum of five hundred and ninety one dollars
and fifty three cents. It is therefore considered by the Court that said plaintiff
recover of said defendants the sum aforesaid in form aforesaid as found and also
its costs herein expended and have execution therefor.
On Bill of Exchange.
Now at this day come the plain
tiff by their attorney, but the de
fendants, although duly summoned
and called, come not but make
default, wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against them as confessed; and th Court finds from the instrument of writing on
which this action is founded that the said defendants are indebted to the said
plaintiffs in the sum of five hundred and sixty six dollars and forty seven cents.
It is therefore considered by the Court that said plaintiffs recover of the said defen
dants the sum aforesaid in form aforesaid as found and also their costs and
charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiff, by their attorney,
but the defendants, although duly summoned and
called, come not but make default, wherefore, on
motion of the plaintiffs attorney, it is ordered by the
Court that the plaintiffs petition be taken against them as confessed; and the
Court finds from the instrument of writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of fifteen hundred and
seventy one dollars and fifty one cents. It is therefore considered by the Court that
the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid
as found and also their costs and charges herein expended and have execution therefor.
On note.
Now at this day come the plain
tiffs, by their attorney, but the defen
dants, although duly summoned
and called come not but make
default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the petition be taken
against them as confessed; and the Court finds from the instrument of writing
on which this action is founded that the defendants are indebted to the plain
tiffs in the sum of two hundred and seventeen dollars and twenty cents. It is
therefore considered by the Court that the said plaintiffs recover of the said
defendants the sum aforesaid in form aforesaid as found and also their costs
and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs,
by their attorney, but the defendants,
although duly summoned and called
come not but make default, wherefore
on motion of plaintiffs attorney, it is ordered by the Court that the petition here
in be taken against them as confessed; and the Court finds from the instru
ment of writing on which this action is founded that the said defendants are in
debted to said plaintiffs in the sum of two hundred and thirty seven dollars and
thirty cents. It is therefore considered by the Court that the said plaintiffs
recover of the said defendants the sum aforesaid in form aforesaid as found and
also their costs and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiff, by his attorney,
but the defendants, although duly summoned and called
come not but make default, wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against them as confessed; and the Court finds from the
instrument of writing on which this action is founded that the said defendants are
indebted to the said plaintiff in the sum of eighteen hundred and forty three
dollars and fifty four cents. It is therefore considered by the Court that the said
plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and
also his costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney but the
defendant although duly summoned and called comes not
but makes default, wherefore on motion of plaintiffs attorney
it is orde by the count that the petition herein be taken against him as
confeseed; and the count finds from the instrument of writing on which this action
is founded that said defendent is indefted to said plaintiff in the sum of
twenty five hundred and forty eight dollors, and fourteen cents. It is therfore con
sidered by the count that said plaintiff recover of said defendent the sum
aforesaid by the form aforesaid as found, and also his costs herein expended and
have execution therfor.
On note.
Now at this day comes the plaintiffs by
their attorney, but the defendants al
though duly summoned and called
comes not but make default, wherefore
on motion of plaintiffs attorney, it is
ordered by the Court that the petition
herein be taken against them as confessed; and the Court finds from the in
strument of writing on which this action is founded that said defendant are
indebted to said plaintiffs in the sum of nine hundred and eighty eight dol
lars and sixty cents. It is therefore considered by the Court that the said plain
tiffs recover of the said defendants the sum aforesaid in form aforesaid as found
and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs by their attor
ney, but the defendants although duly summoned
and called comes not but makes default, wherefore
on motion of plaintiffs attorney it is ordered by
the Court that the petition herein be taken against him as confessed; and the
Court finds from the instrument of writing on which this action is founded that
the said defendant is indebted to the said plaintiffs in the sum of five hundred
and fourteen dollars and forty nine cents. It is therefore considered by the Court
that the said plaintiffs recover of the said defendants the sum aforesaid in form
aforesaid as found and also their costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by their attor
ney, but the defendants, although duly summoned
and called, comes not but makes default, wherefore,
on motion of plaintiffs attorney, it is ordered by the Court that the petition herein
be taken against him as confessed; and the Court finds from the instrument of
writing on which this action is founded that said defendant is indebted to said
plaintiff in the sum of twenty two hundred and three dollars and nine three cents.
It is therefore considered by the Court that the said plaintiff recover of the said
defendant the sum aforesaid in form aforesaid as found and also their costs and
charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs by their attorney but
the defendants although duly summoned and called comes
not but makes default, wherefore, on motion of plaintiffs
attorney, it is ordered by the Court that the petition herein
be taken against him as confessed; and the Court finds from the instrument
of writing on which this action is founded that the defendant is indebted to the
plaintiffs in the sum of three hundred and ninety six dollars and seventy two cents.
It is therefore considered by the Court that the said plaintiffs recover of the said
defendant the sum aforesaid in form aforesaid as found and also their costs
and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs by their attorney, but the
defendants although duly summoned and called comes not
but makes default, wherefore, on motion of the plaintiffs attor
ney, it is ordered that the petition herein be taken against
him as confessed; and the Court finds from the instrument of writing on which
this action is founded that the defendant is indebted to the plaintiffs in the sum
of Six hundred and sixty dollars and ninety seven cents. It is therefore considered
by the Court that the said plaintiffs recover of the said defendant the sum afore
said in form aforesaid as found and also his costs and charges herein expended
and have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney,
but the defendants although duly summoned and called
come not but make default, wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against them as confessed; and the Court finds from
the instrument of writing on which this action is founded that the defendants
are indebted to the plaintiff in the sum of twelve hundred and twelve dollars
and seventy seven cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendant the sum aforesaid in form aforesaid
as found and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by his at
torney but the defendant although duly sum
moned and called comes not but makes default
wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against him as confessed; and the Court finds
from the instrument of writing on which this action is founded that the defen
dant is indebted to the plaintiff in the sum of four hundred and twenty
three dollars and thirty four cents. It is therefore considered by the Court that
the said plaintiff recover of the said defendant the sum aforesaid in form
aforesaid as found and also their costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney
but the defendants, although duly summoned
and called, come not but makes default, wherefore
on motion of plaintiffs attorney, it is ordered
by the Court that the petition herein be taken against him as confessed: and
the Court finds from the instrument of writing on which this action is founded
that the defendant are indebted to the plaintiff in the sum of three hundred
and forty three dollars and thirty three cents. It is therefore considered by
the Court that the said plaintiff recover of the said defendants the sum
aforesaid in form aforesaid as found and also his costs and charges herein
expended and have execution therefor.
Now at this day comes the plaintiff, by his attorney,
but the defendants although duly summoned and
called come not but makes default, wherefore on mo
tion of plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against them as
confessed; and the Court finds from the instrument of writing on which this
action is founded that the defendants are indebted to the plaintiff in the
sum of seventeen hundred and sixty one dollars and fifty six cents. It is there
fore considered by the Court that the said plaintiff recover of the said defen
dants the sum aforesaid in form aforesaid as found and also his costs and
charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney,
but the defendants although duly summoned and
called come not but makes default, wherefore on mo
tion of plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is
founded that the defendants are indebted to the plaintiff in the sum of ten
hundred and eighty four dollars and ninety one cents. It is therefore considered
by the Court that the said plaintiff recover of the said defendants the sum afore
said in form aforesaid as found and also his costs and charges herein expen
ded and have execution therefor.
On note.
Now at this day come the plain
tiffs by his attorney but the defen
dants although duly summoned
and called come not but make
default wherefore, on motion of plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against them as confessed; and the Court finds from the instru
ment of writing on which this action is founded that the plaintiffs in the sum of two hundred
and twenty seven dollars and nine cents. It is therefore considered by the Court that the said plain
tiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also
their costs and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiff by their attorney
but the defendant although duly summoned and
called comes not but makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against him
as confessed; and the Court finds from the instrument of writing on which
this action is founded that the defendant is indebted to the plaintiffs in the
sum of one hundred and ninety seven dollars and eighty six cents. It is there
fore considered by the Court that the said plaintiffs recover of the said defen
dant the sum aforesaid in form aforesaid as found and also their costs and
charges herein expended and have execution therefor.
On note.
Now at this day come the plain
tiffs by his attorney but the defendants
although duly summoned and called
come not but make default, wherefore
on motion of plaintiffs attorney, it is ordered by the Court that the petition here
in be taken against them as confessed: and the Court finds from the instru
ment of writing on which this action is founded that the defendants are in
debted to the plaintiffs in the sum of two hundred and seventy three dollars
and forty four cents. It is therefore considered by the Court that the said
plaintiffs recover of the said defendants the sum aforesaid in form aforesaid
as found and also their costs and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs
by their attorney but the defendants
although duly summoned and called
come not but make default, wherefore,
on motion of the plaintiffs attorney, it
it is ordered by the Court that the
petition herein be taken against them as confessed; and the Court finds
from the instrument of writing on which this action is founded that the defen
dants are indebted to the plaintiffs in the sum of five hundred and forty six
dollars and eighteen cents. It is therefore considered by the Court that the said
plaintiffs recover of the said defendants the sum aforesaid in form aforesaid
as found and also their costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff
by his attorney, and dismisses this suit
as to the defendant,
defendant,
summoned and called, comes not but makes default, wherefore, on motion of the plain
tiffs attorney, it is ordered by the Court that the petition herein be taken against
him as confessed; and the Court finds from the instrument of writing on which
this action is founded that the said defendants is indebted to the plaintiff in the
sum of six hundred and forty one dollars, and sixty one cents. It is therefore
considered by the Court that the said plaintiff recover of the said defendants
erick Dent
charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney but the
defendants although duly summoned and called comes not
but make default, wherefore on motion of the plaintiffs
attorney, it is ordered by the Court that the petition herein
be taken against them as confessed; and the Court finds from the instrument
of writing on which this action is founded that the defendants are indebted to
the plaintiff in the sum of twelve hundred and sixty six dollars and seventy
two cents. It is therefore considered by the Court that the said plaintiff re
cover of the said defendant the sum aforesaid in form aforesaid as found
and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs by their attorney
but the defendants although duly summoned and
called come not but make default, wherefore, on
motion of the plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against them
as confessed; and the Court finds from the instrument of writing on which
this action is founded that the defendants are indebted to the plaintiffs in the
sum of Six hundred and eighty two dollars and fifty five two cents. It is therefore
considered by the Court that the said plaintiffs recover of the said defen
dants the sum aforesaid in form aforesaid as found and also his costs and
charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs
by their attorney, but the defendants,
although duly summoned and called
come not but make default, wherefore,
on motion of the plaintiffs attorney, it is ordered by the Court that the pe
tition herein be taken against them as confessed; and the Court finds from
the instruments of writing on which this action is founded that the defendants
are indebted to the plaintiffs in the sum of twenty four hundred and sixty
five dollars and thirty nine cents. It is therefore considered by the Court
that the said plaintiffs recover of the said defendants the sum aforesaid in
form aforesaid as found and also their costs and charges in this behalf expen
ded and have execution therefor.
Answer of
Motion filed to strike out parts of answer.
On note.
Now at this day comes the plaintiff by his attor
ney but the defendants, although duly summoned
and called, come not but make default, wherefore
on motion of the plaintiffs attorney, it is ordered
by the Court that the petition herein be taken against them as confessed; and the
Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of Eleven hundred
and sixty nine dollars and eighty cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendants the sum aforesaid in form
aforesaid as found and also his costs and charges herein expended and have
execution therefor.
On note.
Now at this day come the plaintiffs, by their at
tourneys, but the defendants, although duly sum
moned and called, come not but make default,
wherefore, on motion of the plaintiffs attorney, it is
ordered by the Court that the petition herein
be taken against them as confessed: and the Court finds from the instrument
of writing on which this action is founded that the defendants are indebted to
the plaintiffs in the sum of five hundred and fourteen dollars and ninety cents.
It is therefore considered by the Court that the said plaintiffs recover of the said
defendants the sum aforesaid in form aforesaid as found and also their costs and
charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his
attorneys but the defendants although duly
summoned and called come not but make
default, wherefore, on motion of plaintiffs attor
ney, it is ordered by the Court that the petition herein be taken against them
as confessed; and the Court finds from the instrument of writing on which this
action is founded that the defendants are indebted to the plaintiff in the
sum of three hundred and eighty five dollars and fifty five cents. It is there
fore considered by the Court that the said plaintiff recover of the said defen
dants the sum aforesaid in form aforesaid as found and also his costs and
charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by its
attorneys but the defendants although duly
summoned and called come not but make
but make default wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against them as confessed; and the Court finds from the instrument of writing
on which this action is founded that the defendants are indebted to the plain
tiffs in the sum of Eleven thousand six hundred and twenty one dollars
and twenty five cents. It is therefore considered by the Court that the said plaintiff recover of the said
defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have
execution therefor.
On note.
Now at this day comes the plaintiff by its attorney
but the defendants although duly summoned and
called come not but make default, wherefore, on
motion of the plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against them as confessed; and the
Court finds from the instrument of writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of Seven hundred and
forty nine dollars and twenty three cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendants the sum aforesaid in form
aforesaid as found and also their costs and charges herein expended and have exe
cution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but
the defendants although duly summoned and called
come not but make default, wherefore, on motion of
plaintiffs attorney it is ordered by the Court that the
petition herein be taken against them as confessed; and the Court finds from the
instrument on which this action is founded that the defendants are indebted to
the plaintiff in the sum of eight hundred and sixty six dollars and eleven
cents. It is therefore considered by the Court that the plaintiff recover of the said
defendants the sum aforesaid in form aforesaid as found and also his costs and
charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but the
defendant although duly summoned and called comes not
but makes default wherefore, on motion of plaintiffs attorney, it
is ordered by the Court that the petition herein be taken against him as confessed;
and the Court finds from the instrument of writing on which this action is founded
that the defendant is indebted to the plaintiff in the sum of four hundred and
forty one dollars and seventy five cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendants the sum aforesaid in form
aforesaid as found and also his costs and charges herein expended and have execu
tion therefor.
On note.
Now at this day comes the plaintiff by his attorney but the de
fendant although duly summoned and called comes not but
makes default wherefore, on motion of plaintiffs attorney it is or
dered by the Court that the petition herein be taken against him as confessed; and
the Court finds from the instrument of writing on which this action is founded that
the defendant is indebted to the plaintiff in the sum of two hundred and three
dollars and thirty five cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found
and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney, but
the defendant, although duly summoned and called comes not
but makes default, wherefore, on motion of plaintiffs attorney,
it is ordered by the Court that the petition herein be taken against him as confessed;
and the Court finds from the instrument of writing on which this action is founded
that the defendant is indebted to the plaintiff in the sum of one hundred and
sixty eight dollars and three cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found
and also his costs and charges herein expended and have execution therefor.
On Notes.
The time for answering herein is exten
ded until the 11th inst.
On note.
Now at this day comes the plaintiff, by its at
torney, but the defendant, although duly sum
moned and called, come not but make default
wherefore, on motion of plaintiffs attorney, it is
ordered by the Court that the petition herein
be taken against this as confessed; and the Court finds from the instrument
of writing on which this action is founded that the defendants are indebted to
the plaintiff in the sum of two hundred and eighteen dollars and ninety five cents.
It is therefore considered by the Court that the said plaintiff recover of the said
defendant the sum aforesaid in form aforesaid as found, and also his costs and
charges herein expended and have execution therefor.
The time for answering herein is extended two days.
On note.
Now at this day comes the plaintiff by his attorney but the
defendant, although duly summoned and called, comes not
but makes default, wherefore, on motion of plaintiffs attorney,
it is ordered by the Court that the petition herein be taken against this as confessed;
and the Court finds from the instrument of writing on which this action is founded
that the defendant is indebted to the plaintiff in the sum of two hundred and three
dollars and thirteen cents. It is therefore considered by the Court that the said plain
tiff recover of the said defendant the sum aforesaid in form aforesaid as found together with interest at the rate of ten percent per annum until paid and
also his costs and charges herein expended and have execution therefor.
Answer filed
Answer filed
On note.
Now at this day comes the plaintiff by his attorney but
the defendant although duly summoned and called comes
not but makes default, wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against him as confessed: And the Court finds from the instrument of writ
ing on which this action is founded that the defendants are indebted to the
plaintiff in the sum of two hundred and eighteen dollars and twenty cents.
It is therefore considered by the Court that the said plaintiff recover of
the said defendant the sum aforesaid in form aforesaid as found and also
his costs and charges herein expended and have execution therefor.
Now at this day comes the plaintiff, by his attorney, but
the defendant although duly summoned and called
comes not but makes default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the petition herein be
taken against him as confessed; and the Court finds from the instrument of
writing on which this action is founded that the defendant is indebted to the
plaintiff in the sum of two hundred and thirty nine dollars. It is therefore
considered by the Court that the said plaintiff recover of the said defendant
the sum aforesaid in form aforesaid as found and also their costs and
charges herein expended and have execution therefor.
Now at this day come the plaintiffs by their attor
ney but the defendant although duly summoned
and called comes not but makes default,
wherefore, on motion of plaintiffs attorney it is
ordered by the Court that the petition herein be taken against him as con
fessed: and the Court finds from the instrument of writing on which this
action is founded that the defendant is indebted to the plaintiffs in
the sum of three hundred and nine dollars and seventy five cents. It is
therefore considered by the Court that the said plaintiffs recover of the
said defendant the sum aforesaid in form aforesaid as found and also
their costs and charges herein expended and have execution therefor.
On Note.
Now at this day comes the plaintiff by
his attorney and dismisses this suits as to
W Shards
duly summoned and called comes not but makes default wherefore on motion of plain
tiffs attorney it is ordered by the Court that the petition herein be taken
against him as confessed; and the Court finds from the instrument
of writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of three hundred and forty eight
dollars and forty five cents. It is therefore considered by the Court that
the said plaintiff recover of the said defendant the sum aforesaid in
form aforesaid as found together with interest at the rate of ten percent
per annum until paid and their costs and charges herein expended and have execution therefor.
Now at this day comes the plaintiff,
by his attorney, but the defendant, although
duly summoned and called
comes not but makes default, wherefore,
on motion of plaintiffs attorney, it is ordered by the Court that the petition
herein be taken against the said defendants as confessed: And the Court finds
from the instrument of writing on which this action is founded that the defen
dant is indebted to the plaintiff in the sum of forty three hundred and
sixty four dollars and seventy four cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendant the sum aforesaid in
form aforesaid as found and also his costs and charges herein expended and
have execution therefor.
On note.
Now at this day comes the plaintiff, by their at
torney, but the defendant, although duly sum
moned and called comes not but makes default,
Wherefore on motion of plaintiffs attorney it is
ordered by the Court that the petition herein be taken against the said defendants as
confessed; And the Court finds from the instrument of writing on which this
action is founded that the defendant is indebted to the plaintiff in the sum of
two hundred and thirty one dollars and sixty two cents. It is therefore considered
by the Court that the said plaintiff recover of the said defendant the sum
aforesaid in form aforesaid as found and also his costs and charges herein expen
ded and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendant, although duly summoned and
called comes not but makes default, wherefore, on mo
tion of plaintiffs attorney, it is ordered by the Court that the petition herein be
taken against the said defendant as confessed; and the Court finds from the
instrument of writing on which this action is founded that the defendant is in
debted to the plaintiff in the sum of eight hundred and fifty one dollars and
twenty seven cents. It is therefore considered by the Court that the said plain
tiff recover of the said defendant the sum aforesaid in form aforesaid as found
and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendant, although duly summoned and
called, comes not but makes default, wherefore, on mo
tion of plaintiffs attorney, it is ordered by the Court that the petition herein
be taken against the said defendant as confessed: And the Court finds from
the instrument of writing on which this action is founded that the defendant is
indebted to the plaintiff in the sum of two hundred and thirty two dollars and
forty cents. It is therefore considered by the Court that the said plaintiff recover of
the said defendant the sum aforesaid in form aforesaid as found and also their
costs and charges herein expended and have execution therefor.
The time for answering herein is extended until the 16 inst
On note.
Now at this day come the plaintiffs
but the defendants although duly sum
moned and called come not but
make default, wherefore, on motion
of the plaintiffs attorney, it is ordered by the Court that the petition herein be ta
ken against them as confessed: And the Court finds from the instrument of
writing on which this action is founded that the defendants are indebted to the
plaintiffs in the sum of four hundred and twenty eight dollars and forty eight
cents. It is therefore considered by the Court that the said plaintiffs recover of
the said defendants the sum aforesaid in form aforesaid as found together with
interest thereon at the rate of ten percent per annum until paid and their costs
and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by its attorney, but
the defendants, although duly summoned and called,
come not but make default, wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the peti
tion herein be taken against the said defendants as confessed: And the Court finds
from the instrument of writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of Seven hundred and eighty seven dollars and fifty cents. It is
therefore considered by the Court that the said plaintiff recover of the said defendants
the sum aforesaid in form aforesaid as found and also its costs and charges herein ex
pended and have execution therefor.
On note.
Now at this day comes the plaintiff, by its attorney, but
the defendants although duly summoned and called, come
not but make default, wherefore, on motion of the plain
tiffs attorney, it is ordered by the Court that the petition
herein be taken against them as confessed; and the Court finds from the instrument
of writing on which this action is founded that the defendants are indebted to the
plaintiff in the sum of nine hundred and fifty three dollars and forty six cents. It
therefore considered by the Court that the plaintiff recover of the said defendants the
sum aforesaid in form aforesaid as found and also his costs and charges herein ex
pended and have execution therefor. Judgment to bear ten percent from
this date until paid.
Petition for alimony and maintenance filed.
Motion filed to strike out parts of answer filed.
Now at this day comes the plaintiff by its attorney, but
the defendants although duly summoned and called,
come not but make default, wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against them as confessed; And the Court finds from
the instrument of writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of thirteen hundred and sixteen dollars and
seventy six cents. It is therefore considered by the Court that the said plaintiff recover
of the said defendants the sum aforesaid in form aforesaid as found and also
their costs and charges herein expended and have execution therefor. Judgment to
bear interest at the rate of ten percent per annum from this date until paid.
On note.
Now at this day comes the plaintiff, by its attorney,
but the defendants although duly summoned and
called come not but make default, wherefore, on
motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against them as confessed; And the
Court finds from the instrument of writing on which this action is founded
that the said defendants are indebted to the plaintiff in the sum of five hun
dred and thirty six dollars and ten cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendants the sum aforesaid in
form aforesaid as found and also his costs and charges herein expended and
have execution therefor.
On note.
Now at this day come the plaintiffs,
by their attorney, and
dismiss this
suit as to the defendant,
Michael
Kaim
wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against the said defendant, as confessed; And
the Court finds from the instrument of writing on which this action is foun
ded that the said defendant is indebted to the plaintiffs in the sum of five
hundred and forty five dollars and ninety five cents. It is therefore considered
by the Court that the said plaintiffs recover of the said defendant,
Kaim
charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
and, by leave of Court, amends his petition by erasing
in the caption thereof the word, Samuel, before the
name of the dependant
word
although duly summoned and called, come not but makes default, wherefore,
on motion of the plaintiffs attorney it is ordered by the Court that the petition
herein be taken against the said defendant as confessed; And the Court finds
from the instrument of writing on which this action is founded that the said defen
dants are indebted to the plaintiff in the sum of three hundred and seventy
four dollars and five cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found and
also his costs and charges herein expended and have execution therefor.
Judgment to bear interest at the rate of the percent per annum from this
date until paid.
On note.
Now at this day comes the plaintiff by its attorney, and
by leave of Court amends his petition by erasing, in
the caption thereof, the word,
name of the dependant,
duly summoned and called, come not but make default, wherefore, on motion
of plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against them as confessed; And the Court finds from the instrument of writing on
which this action is founded that the defendants are indebted to the plaintiffs
in the sum of three hundred and thirteen dollars and ninety one cents. It is
therefore considered by the Court that the said plaintiffs recover of the said defen
dants the sum aforesaid in form aforesaid as found and also his costs and
charges herein expended and have execution therefor. Judgment to bear interest at
the rate of ten percent per annum from date until paid.
On note.
Now at this day comes the plaintiff by its attorney and
by leave of Court amends his petition by erasing, in the
caption of the petition, the word,
name of the dependant,
duly summoned and called come not but makes default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against the defendants as confessed; and the Court finds from the instrument
of writing on which this action is founded that the defendants are indebted to
the plaintiff in the sum of two hundred and seventy eight dollars and fourteen
cents. It is therefore considered by the Court that the said plaintiff recover of
the said defendants the sum aforesaid in form aforesaid as found and also
his costs and charges herein expended and have execution therefor. Judgment to
bear ten percent per annum from this date until paid.
On note.
Now at this day comes the plaintiff by his attorney, but
the defendants, although duly summoned and called,
come not but make default, wherefore, on motion of
the plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against them as confessed; and the Court finds from
the instrument of writing on which this action is founded that the defendants are in
debted to the plaintiff in the sum of five hundred and thirty six dollars and seventy
cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants
the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
from the instrument of writing on which this action is founded that the said defen
dants are indebted to the plaintiff in the sum of three hundred and seventy
four dollars and five cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found and
also his costs and charges herein expended and have execution therefor.
Judgment to bear interest at the rate of the percent per annum from this
date until paid.
On note.
Now at this day comes the plaintiff by its attorney, and
by leave of Court amends his petition by erasing, in
the caption thereof, the word,
name of the dependant,
duly summoned and called, come not but make default, wherefore, on motion
of plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against them as confessed; And the Court finds from the instrument of writing on
which this action is founded that the defendants are indebted to the plaintiffs
in the sum of three hundred and thirteen dollars and ninety one cents. It is
therefore considered by the Court that the said plaintiffs recover of the said defen
dants the sum aforesaid in form aforesaid as found and also his costs and
charges herein expended and have execution therefor. Judgment to bear interest at
the rate of ten percent per annum from date until paid.
On note.
Now at this day comes the plaintiff by its attorney and
by leave of Court amends his petition by erasing, in the
caption of the petition, the word,
name of the dependant,
duly summoned and called come not but makes default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against the defendants as confessed; and the Court finds from the instrument
of writing on which this action is founded that the defendants are indebted to
the plaintiff in the sum of two hundred and seventy eight dollars and fourteen
cents. It is therefore considered by the Court that the said plaintiff recover of
the said defendants the sum aforesaid in form aforesaid as found and also
his costs and charges herein expended and have execution therefor. Judgment to
bear ten percent per annum from this date until paid.
On note.
Now at this day comes the plaintiff by his attorney, but
the defendants, although duly summoned and called,
come not but make default, wherefore, on motion of
the plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against them as confessed; and the Court finds from
the instrument of writing on which this action is founded that the defendants are in
debted to the plaintiff in the sum of five hundred and thirty six dollars and seventy
cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants
the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
Default.
Now at this day comes the plaintiff, by its attorney, but
the defendants,
although duly summoned and called come not but make
default, wherefore on motion of the plaintiffs attorney, it
is ordered by the Court that the petition herein be taken
against them as confessed.
On note.
Now at this day comes the plaintiff by
his attorney, but the defendants, although
duly summoned and called, come
not but makes default, wherefore, on mo
tion of the plaintiffs attorney, it is ordered by the Court that the petition herein be
taken against them as confessed; and the Court finds from the instrument of
writing on which this action is founded that the defendants are indebted to the
plaintiff in the sum of Eight hundred and six dollars and twenty five cents. It
is therefore considered by the Court that the said plaintiff recover of the said
defendants the sum aforesaid in form aforesaid as found, and also his costs and
charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by
his attorney, but the defendants, although
duly summoned and called, come not
but makes default, wherefore, on motion of
the plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against them as confessed; And the
Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of ten hundred and
twenty one dollars and twenty five cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendants the sum aforesaid in form
aforesaid as found and also their costs and charges herein expended and have
execution therefor.
On note.
Now at this day comes the plaintiff by his
attorney but the defendant, although duly
summoned and called, come not but
makes default, wherefore, on motion of the
plaintiffs attorney it is ordered by the Court that the petition herein be taken against
him as confessed; And the Court finds from the instrument of writing on which
this action is founded that the defendant is indebted to the plaintiff in the
sum of One hundred and three dollars. It is therefore considered by the Court that
the said plaintiff recover of the said defendant the sum aforesaid in form afore
said as found and also their costs and charges herein expended and have execu
tion therefor.
On note.
Now at this day comes the plaintiff by his attorney
but the defendants, although duly summoned
and called, come not but make default, wherefore,
on motion of the plaintiffs attorney, it is ordered
by the Court that the petition herein be taken
against the defendants as confessed; And the Court finds from the instrument of
writing on which this action is founded that the defendants are indebted to the plain
tiff in the sum of five hundred and twenty five dollars. It is therefore considered
by the Court that the plaintiff recover of the said defendants the sum afore
said in form aforesaid as found, and also his costs and charges herein expended
and have execution therefor.
On note.
Now at this day come the plaintiffs by their
attorney but the defendants although duly
summoned and called come not but
make default wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against the said defendants as confessed; And the
Court finds from the instrument of writing on which this action is founded that
the defendants are indebted to the plaintiffs in the sum of three hundred and eigh
teen dollars and three cents. It is therefore considered by the Court that the said
plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found
and also their costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by
his attorney, but the defendants although
duly summoned and called, come
not but make default, wherefore, on
motion of the plaintiffs attorney, it
is ordered by the Court that the petition herein be taken against the said defen
dants as confessed; And the Court finds from the instrument of writing on which
this action is founded that the defendants are indebted to the plaintiffs in the sum
of Six hundred and six dollars and twenty seven cents. It is therefore considered by
the Court that the said plaintiffs recover of the said defendants the sum aforesaid
in form aforesaid as found, and also their costs and charges herein expended and
have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney, but the
defendants, although duly summoned and called, come not but
make default, wherefore, on motion of the plaintiffs attorney, it is
ordered by the Court that the petition herein be taken against the
said defendants as confessed: And the Court finds from
the instrument of writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of nineteen hundred and seventeen cents. It
is therefore considered by the Court that the said plaintiff recover of the said
defendants the sum aforesaid in form aforesaid as found, and also their costs
and charges herein expended and have execution therefor. Judgment to bear in
terest at the rate of ten per cent per annum from this date until paid.
On note.
Now at this day comes the plaintiff by
its attorney, and dismisses this sent as
to the defendants
but the other defendants, although duly
summoned and called come not but make default, wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against the defendants as confessed; And the Court finds from the in
strument of writing on which this action is founded that the defendants,
Diefenback
and seventy four dollars and thirty two cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendants the sum aforesaid in form
aforesaid as found and also his costs and charges herein expended and have execu
tion therefor.
On note.
Now at this day come the plaintiffs by their attorney,
but the defendant, although duly summoned and
called, comes not but makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against him as confessed; And the
Court finds from the instruments of writing on which this action is founded that
the defendant is indebted to the plaintiffs in the sum of nine hundred and forty
four dollars and one cent. It is therefore considered by the Court that the said
plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as
found and also their costs and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs by their attorney
but the defendant although duly summoned and
called comes not but makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against him as confessed; And the Court
finds from the instrument of writing on which this action is founded that the
defendant is indebted to the plaintiffs in the sum of six hundred and sixty
six dollars and eighty two cents. It is therefore considered by the Court that the
said plaintiffs recover of the said defendant the sum aforesaid in form afore
said as found and also their costs and charges herein expended and have
execution therefor.
On note.
Now at this day comes the plaintiff, by his
attorney, but the defendant, although duly sum
moned and called, comes not but makes default,
wherefore, on motion of plaintiffs attorney, it
is ordered by the Court that the petition herein be taken against the said defen
dant as confessed: And the Court finds from the instrument of writing
on which this action is founded that the defendant is indebted to the plaintiffs in the
sum of four hundred and one dollars and seventy five cents. It is therefore consid
ered by the Court that the said plaintiff recover of the said defendant the sum aforesaid
in form aforesaid as found and also his costs and charges herein expended and
have execution therefor.
On note.
Now at this day come the plaintiffs by their attorney, but
the defendants although duly summoned and called,
come not but makes default, wherefore, on motion of
the plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against the said defendants as confessed; And
the Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiffs in the sum of three hundred
and seventeen dollars and seventy two cents. It is therefore considered by the Court
that the said plaintiffs recover of the said defendants the sum aforesaid in form afore
said as found and also his costs and charges in this behalf expended and have
execution therefor.
On note.
Now at this day come the plain
tiffs by their attorney, but the
defendants although duly sum
moned and called come not
but makes default, wherefore,
on motion of plaintiffs attorney, it is ordered by the Court that the petition herein
be taken against the said defendants as confessed; And the Court finds from
the instrument of writing on which this action is founded that the defendants
are indebted to the plaintiffs in the sum of eight hundred and forty four dol
lars and twenty two cents. It is therefore considered by the Court that the said
plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as
found, and also their costs and charges in this behalf expended and have
execution therefor.
On note.
Now at this day come the plaintiffs by
their attorney, and on motion of the said
plaintiffs attorney, it is ordered by the
Court that the Demurrer to the peti
tion be overruled; and the defendants
although duly summoned and called come not but makes default, wherefore, on
motion of said plaintiffs attorney, it is ordered by the Court that the petition be
taken against them as confessed; And the Court finds from the instrument
of writing on which this action is founded that the defendants are indebted to
the plaintiffs in the sum of Three hundred and forty eight dollars and eighteen
cents. It is therefore considered by the Court that the said plaintiffs recover of
the said defendants the sum aforesaid in form aforesaid as found and also their
costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney, but the
defendant although duly summoned and called comes not
but makes default, wherefore, on motion of plaintiffs attorney,
it is ordered by the Court that the petition herein be taken against the defen
dant as confessed; And the Court finds from the instrument of writing on which
this action is founded that the defendants is indebted to the plaintiff in the sum
of four hundred and eighty five dollars and twenty nine cents. It is therefore con
sidered by the Court that the said plaintiff recover of the said defendant the
sum aforesaid in form aforesaid as found and also his costs and charges herein
expended and have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney
but the defendant although duly summoned and called
comes not but makes default, wherefore, on motion of the
plaintiffs attorney it is ordered by the Court that the petition herein be taken
against the said defendant as confessed; And the Court finds from the in
strument of writing on which this action is founded that the defendants is in
debted to the plaintiff in the sum of Sixteen hundred and forty five dollars
and eighty four cents. It is therefore considered by the Court that the said plain
tiff recover of the said defendant the sum aforesaid in form aforesaid as found
and also his costs and charges herein expended and have execution therefor.
Judgment to bear interest at the rate of ten per cent per annum until paid.
On note.
Now at this day come the plaintiffs by their
attorney, but the defendant although duly sum
moned and called comes not but makes de
fault, wherefore, on motion of plaintiffs attorney
it is ordered that the petition herein be taken against the said defendant as
confessed; And the Court finds from the instrument of writing on which this
action is founded that the defendant is indebted to the plaintiffs in the sum of
Six hundred and two dollars and seventy five cents. It is therefore conside
red by the Court that the said plaintiffs recover of the said defendant the
sum aforesaid in form aforesaid as found and also their costs and charges
herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, and
dismisses this suit as to the defendant,
but the defendants,
duly summoned and called, come not but make
default, wherefore, on motion of plaintiffs attorney, it is
ordered by the Court that the petition herein be taken against them as con
fessed; And the Court finds from the instrument of writing on which this
action is founded that the defendants,
the plaintiff in the sum of three hundred and twenty dollars and forty five cents.
It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum
aforesaid as found and also his costs herein and have thereof execution. Judgment to bear 10 per cent interest.
On note.
Now at this day come the plaintiffs by their attorney, but
the defendant although duly summoned and called comes
not but makes default, wherefore, on motion of plain
tiffs attorney, it is ordered by the Court the petition herein
be taken against the said defendant as confessed; And the Court finds
from the instrument of writing on which this action is founded that the
defendant is indebted to the plaintiffs in the sum of two hundred and forty
five dollars and forty six cents. It is therefore considered by the Court that the
said plaintiffs recover of the said defendant the sum aforesaid in form afore
said as found, and also their costs and charges herein expended and have
execution therefor.
On note.
Now at this day comes the plaintiff by its attorney
but the defendant, although duly summoned and
called, comes not but makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against the said defendant as confessed;
And the Court finds from the instrument of writing on which this action is
founded that the defendant is indebted to the plaintiff in the sum of six
hundred and fifty six dollars and twenty nine cents. It is therefore con
sidered by the Court that the said plaintiff recover of the said defendant the
sum aforesaid in form aforesaid as found and also its costs and charges herein
expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by its at
torney, but the defendants although duly sum
moned and called, comes not but make
default, wherefore, on motion of the plaintiffs at
torney, it is ordered by the Court that the petition herein be taken against the
said defendants as confessed. And the Court finds from the instrument of
writing on which this action is founded that the defendants are indebted to
the plaintiff in the sum of two hundred and twenty one dollars and forty
eight cents. It is therefore considered by the Court that the said plaintiff
recover of the said defendants the sum aforesaid in form aforesaid as found
and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by its attorney,
but the defendants, although duly summoned and
called come not but make default, wherefore, on
motion of the plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against them as confessed; And
the Court finds from the instrument of writing on which this action is founded that the
defendants are indebted to the plaintiff in the sum of four hundred and forty nine dollars and
ninety nine cents. It is therefore considered by the Court that the said plaintiff recover of the
said defendants the sum aforesaid in form aforesaid as found, and also his costs and
charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney, but the de
defendant although duly summoned and called comes not but
makes default, wherefore on motion of plaintiffs attorney, it is
ordered by the Court the petition herein be taken against the defendant as
confessed; And the Court finds from the instrument of writing on which this
action is founded that the defendant is indebted to the plaintiff in the sum of
two hundred and eighty five dollars and twenty cents. It is therefore considered
by the Court that the said plaintiff recover of the said defendant the sum
aforesaid in form aforesaid as found and also his costs and charges herein ex
pended and have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney but the
defendant, although duly summoned and called, comes not
but makes default, wherefore, on motion of the plaintiffs
attorney, it is ordered by the Court that the petition herein be taken against the
said defendant as confessed; And the Court finds from the instrument of
writing on which this action is founded that the defendant is indebted to the
plaintiff in the sum of eleven hundred and eleven dollars and sixty seven
cents. It is therefore considered by the Court that the said plaintiff recover of the
said defendant the sum aforesaid in form aforesaid as found and also his
costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
and this dismisses this suit as to the defendants,
Lancasham
dant,
called, comes not but makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the Court that the petition herein
be taken against the said defendant as confessed; And the Court finds from
the instrument of writing on which this action is founded that the defendant,
one dollars and sixty six cents. It is therefore considered by the Court that the
said plaintiff recover of the said defendant the sum aforesaid in form aforesaid
as found and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendant, although duly summoned and
called comes not but makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the Court that the petition
herein be taken against the defendant as confessed; And the Court finds
from the instrument of writing on which this action is founded that the
defendant is indebted to the plaintiff in the sum of nine hundred and four
dollars and fifty five cents. It is therefore considered by the Court that the
said plaintiff recover of the said defendant the sum aforesaid in form aforesaid
as found and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs, by
their attorney, and dismiss this suit as
to the defendant,
defendants,
duly summoned and called come not but makes default, wherefore, on motion
of plaintiffs attorney, it is ordered by the Court that the petition herein be
taken against them as confessed; And the Court finds from the instrument of
writing on which this action is founded that the defendants are indebted to the
plaintiffs in the sum of five hundred and five dollars and twenty seven cents.
It is therefore considered by the Court that the said plaintiffs recover of the
said defendants the sum aforesaid in form aforesaid as found and also their
costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney, but
the defendant, although duly summoned and called,
comes not but makes default, wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against the defendant as confessed. And the Court finds from the instrument
of writing on which this action is founded that the defendant is indebted to the
plaintiff in the sum of three hundred and fifty dollars. It is therefore consid
ered by the Court that the said plaintiff recover of the said defendant the sum
aforesaid in form aforesaid as found and also his costs and charges herein expen
ded and have execution therefor.
On note.
Now at this day come the plaintiffs, by their attorney,
but the defendant, although duly summoned and
called, comes not but makes default, wherefore, on motion
of the plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against him as confessed, And the Court finds from
the instrument of writing on which this action is founded that the defendant
is indebted to the plaintiffs in the sum of three hundred and seventy five
dollars and sixty seven cents. It is therefore considered by the Court that the
said plaintiffs recover of the said defendant the sum aforesaid in form afore
said as found and also his costs and charges herein expended and have exe
cution therefor.
Time for answering extended ten days.
Time for answering extended ten days.
On note.
Now at this day comes the plaintiff, by their attorney,
but the defendant, although duly summoned and
called comes not but makes default, wherefore, on
motion of the plaintiffs attorney, it is ordered by the Court that the petition herein
be taken against the said defendants as confessed. And the Court finds from
the instrument of writing on which this action is founded that the defendant
is indebted to the plaintiff in the sum of ten hundred and twenty five dol
lars and sixty six cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendant the sum aforesaid in form aforesaid as
found and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs by their attorney
but the defendant, although duly summoned and
called, comes not but makes default, wherefore, on
motion of the plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against the said defendants as confessed: And
the Court finds from the instrument of writing on which this action is foun
ded that the defendant is indebted to the plaintiffs in the sum of one hun
dred and seventy three dollars and fifty three cents. It is therefore considered
by the Court that the said plaintiffs recover of the said defendant the sum aforesaid
in form aforesaid as found, and also their costs and charges herein expended
and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendants, although duly summoned and
called comes not but make default, wherefore, on
motion of the plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against the said defendants as confessed. And
the Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of two hundred
and thirty eight dollars and sixty seven cents. It is therefore considered by the
Court that the said plaintiff recover of the said defendants the sum aforesaid
in form aforesaid as found and also their costs and charges herein expended and
have execution therefor.
Now at this day come the plaintiffs, by their attorney, but
the defendant, although duly summoned and called, comes
not but makes default, wherefore, on motion of the plaintiffs
attorney, it is ordered by the Court that the petition herein
be taken against him as confessed. And the Court finds from the instrument of
writing on which this action is founded that the defendant is indebted to the
plaintiffs in the sum of one hundred and seventy seven dollars and sixty two cents.
It is therefore considered by the Court that the said plaintiffs recover of the said
defendant the sum aforesaid in form aforesaid as found, and also their costs and
charges herein expended and have execution therefor.
Now at this day comes the plaintiff and files proof that
the petition herein has been served upon the defendant
dahl
duly notified and called, come not but make default;
Wherefore, on motion of plaintiffs attorney, it is ordered by
the Court that the petition herein be taken against them as confessed. Reply filed
to answer of defendant,
Alias Summons ordered returnable to the next
term of this Court.
Interrogatories filed.
On note and account.
Now at this day come the plaintiffs, by
their attorney, and file proof satisfactory
to the Court that the order of publication
heretofore made herein has been duly pub
lished according to law;
Answer filed.
Answer of
Time for answering extended to
Time for answering extended to 11th instant.
Alias Summons ordered.
Alias Summons ordered.
Alias Summons ordered.
Interrogatories filed.
Interrogatories filed.
Interrogatories filed.
Interrogatories filed.
Dismissal.
Now at this day comes the plaintiff, by his attorney, and
dismisses this suit as to the defendant
er
Now at this day comes, the plaintiff, by his attorney, and
files proof satisfactory to the Court that the order of pub
lication heretofore made herein has been duly published
according to law.
Now at this day come the plaintiffs,
by their attorney, and file proof satis
factory to the Court that the order of
publication heretofore made herein has
been duly published according to law.
Dismissal.
On motion of the plaintiff, by his attorney, it is
ordered by the Court that this suit be dismissed at
the costs of the plaintiff and that execution issue therefor.
Confession of Judgment.
Now at this day comes
Esg, and files a Power of Attorney from
the defendants, and by authority of said Power of Attorney, files a Statement
in writing duly verified by affidavit, and, confesses judgment in favor of the
plaintiffs and against the defendants for the sum of five thousand and one hundred
and fifty eight dollars and two cents, and consents and agrees that judgment
may be rendered against them for said sum. It is therefore considered by the
Court that the said plaintiffs recover of the said defendants the sum aforesaid in
form aforesaid as confessed and also their costs and charges herein expended and
have execution therefor.
Confession of Judgment.
Now at this day come the plaintiffs and
file their petition against the defendants,
and thereupon,
peared, in open Court in behalf of the said defendants, and, by virtue of a warrant of
attorney, executed by the defendants, confesses that the defendants are indebted to the
plaintiffs in the sum of four thousand two hundred, and thirty nine dollars and
thirty five cents, and consents and agree that judgment may be entered against
the said plaintiffs recover of the said defendants the sum aforesaid in form afore
said as confessed, and also their costs and charges herein expended and have ex
ecution therefor.
Security for costs filed.
Court met pursuant to adjournment. Present as before.
Motion for security for costs filed.
Defendants answer filed.
Answer of Garnishees filed.
Answer of Defendants filed.
Answer of defendants filed.
Answer of
Answer filed by defendant.
Demurrer to Petition filed.
On note.
Now at this day comes the plain
tiff, by his attorney, and dismisses
this suit as to the defendants,
das A Hall
called come not but make default, wherefore, on motion of plaintiffs attor
ney, it is ordered by the Court that the petition herein be taken against the
said difendanto as confessed. And the Court finds from the instrument of
writing on which this action is founded that the said defendants are in
debted to the plaintiff in the sum of two hundred and seven dollars and sixty
eight cents. It is therefore considered by the Court that the said plaintiff recover
of the said defendants the sum aforesaid in form aforesaid as found, and also
his costs and charges herein expended and have execution therefor.
Motion filed for judgment notwithstanding
answer.
Now at this day come the plaintiffs
by their attorney, but the defendants
although duly summoned and called
come not but make default, wherefore,
on motion of plaintiffs attorney, it is ordered by the Court that the petition herein
be taken against them as confessed. And the Court finds from the instru
ment of writing on which this action is founded that the defendants are indebt
ed to the plaintiffs in the sum of Six hundred and ninety five dollars and
thirty eight cents. It is therefore considered by the Court that the said plaintiffs
recover of the said defendants the sum aforesaid in form aforesaid as found
and also their costs and charges herein expended and have execution therefor.
Answer filed by Garnishees.
Motion filed to strike out parts of answer.
Motion filed to strike out Demurrer.
Motion for order to examine plaintiff filed.
Now at this day comes the plaintiff, by its attorney,
but the defendants although duly summoned and called
come not but make default, wherefore, on
motion of plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against the said
defendants as confessed. And the Court finds from the instrument of writing
on which this action is founded that the defendants are indebted to the
plaintiff in the sum of four hundred and seventy five dollars and twenty
seven cents. It is therefore considered by the Court that the said plaintiff
recover of the said defendants the sum aforesaid in form aforesaid as found and
also its costs and charges herein expended and have execution therefor.
Notice of Dismissal as to
Answer filed by defendant.
On note.
Now at this day comes the plaintiff, by his attor
ney but the defendants, although duly summoned
and called come not, but make default, wherefore,
on motion of plaintiffs attorney, it is ordered by
the Court that the petition herein be taken against them as confessed. And
the Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiffs in the sum of three hundred
and ninety two dollars and eighty cents. It is therefore considered by the
Court that the said plaintiff recover of the said defendants the Sum afore
said in form aforesaid as found and also his costs and charges herein expended
and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendants, although duly summoned and
called, come not but make default, wherefore, on
motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against them as confessed. And the
Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiffs in the sum of three hundred
and seventy one dollars and eighteen cents. It is therefore considered by the
Court that the said plaintiff recover of the said defendants the Sum aforesaid
in form aforesaid as found, and also his costs and charges herein expended and
have execution therefor.
Inter plea of
On note.
Now at this day come the plaintiffs, by his attor
ney, and dismisses this suit as to the defendant,
summoned and called comes not but makes default
wherefore, on motion of plaintiffs attorney, it is ordered
by the Court that the petition herein be taken against
him as confessed. And the Court finds from the instrument of writing on
which this action is founded that the defendant is indebted to the plaintiffs
in the sum of two hundred and seventy one dollars and ninety five cents. It is
therefore considered by the Court that the said plaintiffs recover of the said
defendant,
also their costs and charges herein expended and have execution therefor.
Now at this day comes the plaintiff into open Court
and acknowledges to have received full and entire
satisfaction of the judgment heretofore rendered herein.
On note.
Now at this day come the plaintiffs, by their attorney,
but the defendant, although duly summoned and called
come not but makes default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against him as confessed. And
the Court finds from the instrument of writing on which this action is founded
that the defendant is indebted to the plaintiffs in the sum of four hundred and
sixty two dollars and ninety eight cents. It is therefore considered by the Court
that the said plaintiffs recover of the said defendant the Sum aforesaid in form
aforesaid as found and also their costs and charges herein expended and
have execution therefor.
Dismissal.
It appearing to the Court that the plaintiffs have
failed to file interrogatories herein within the time
prescribed by law, therefore on motion of the garnishee
it is ordered by the Court that he be discharged hence,
at the costs of the said plaintiffs and that execution issue therefore. Five dollars
allowed garnishee for appearing herein.
Dismissal.
It appearing to the Court that the plaintiffs have failed
to file interrogatories herein, therefore on motion of the
garnishee, it is ordered by the Court that he be dis
charged hence, at the costs of the said plaintiffs and
that execution issue therefore. Five dollars allowed garnishee for appearing herein.
On notes.
Now at this day comes the plaintiff, by his attorney,
but the defendant although duly summoned and
called comes not but makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the Court that the petition herein be
taken against the said defendant as confessed. And the Court finds from the
instruments of writing on which this action is founded that the defendant is in
debted to the plaintiff in the sum of Eight hundred and forty three dollars and
twenty one cents. It is therefore considered by the Court that the said plaintiff recover
of the defendant the sum aforesaid in form aforesaid as found, and also his costs
and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs by
their attorney, but the defendant, although
duly summoned and called, comes
not but makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the Court that the petition herein
be taken against him as confessed. And the Court finds from the instrument
of writing on which this action is founded, that the defendant is indebted to
the plaintiffs in the sum of two hundred and nine dollars and twenty nine cents.
It is therefore considered by the Court that the said plaintiffs recover of the said
defendant the sum aforesaid in form aforesaid as found and also their costs and
charges herein expended and have execution therefor.
Leave is given plaintiff to withdraw note sued on,
on leaving copy. Copy filed and note withdrawn.
On motion of the plaintiffs, by their attorney,
leave is
given the Sheriff to amend his return
on the Writ herein, by
adding, immediately
after the word St Louis, the words, said
sent from this State ; which amendment is accordingly made.
Dismissal.
Now at this day come the plaintiffs, by their attorney,
and dismiss this suit as to the defendant
On note.
Now at this day comes the plaintiff, by their attorney,
and moves the Court to strike out the demurrer to
the petition herein, and the Court having duly heard,
and considered the said motion doth order that the same be sustained: and
thereupon the defendant being duly summoned and called comes not but makes
default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against the said defendant as confessed. And the
Court finds from the instrument of writing on which this action is founded that
the defendant is indebted to the plaintiff in the sum of four hundred and fifty
five dollars and sixty one cents. It is therefore considered by the Court that the
said plaintiff recover of the said defendant the sum aforesaid in form aforesaid
as found and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by their attorney,
but the defendants, although duly summoned and
called, come not but make default, wherefore, on mo
tion of plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against them as confessed. And the Court
finds from the instrument of writing on which this action is founded that the
defendants are indebted to the plaintiff in the sum of Eight hundred and forty
seven dollars and thirty cents. It is therefore considered by the Court that the
said plaintiff recover of the said defendants the sum aforesaid in form aforesaid
as found and also his costs and charges herein expended and have execution
therefor.
next term of this Court.
On note.
Now at this day comes the plaintiff, by his attorney,
and dismisses this suit as to the defendants,
but the defendant,
and called, comes not but make default, wherefore, on
motion of plaintiffs attorney, it is ordered by the Court that the petition herein
be taken against the said defendant as confessed. And the Court finds from
the instrument of writing on which this action is founded that the defendant,
one dollars. It is therefore considered by the Court that the said plaintiff recover of
the said defendant the sum aforesaid in form aforesaid as found and also his costs
and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but
the defendant, although duly summoned and called,
comes not but make default, wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the peti
tion herein be taken against them as confessed. And the
Court finds from the instrument of writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of one hundred and fifty
six dollars and eighty cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendants the sum aforesaid in form aforesaid as
found and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendants, although duly summoned and
called, come not but make default, wherefore, on mo
tion of plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against them as confessed. And the Court
finds from the instrument of writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of fourteen hundred
and sixty six dollars and fifty one cents. It is therefore considered by the
Court that the said plaintiff recover of the said defendants the sum afore
said in form aforesaid as found and also his costs and charges herein ex
pended and have execution therefor.
On note.
Now at this day come the plaintiffs by
their attorney and dismisses this suit
as to the defendant
but the defendant,
though duly summoned and called, comes not but makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against him as confessed: and the Court finds from the instrument of writing
on which this action is founded that the defendant,
to the plaintiffs in the sum of two hundred and seventy two dollars and fifty
three cents. It is therefore considered by the Court that the said plaintiffs recover
of the said defendant the sum aforesaid in form aforesaid as found and also
their costs and charges herein expended and have execution therefor.
On note.
Now at this day come the plain
tiffs, by their attorney,but the
defendants, although duly sum
moned and called, comes not
but makes default, wherefore,
on motion of plaintiffs attorney, it is ordered by the Court that the petition herein
be taken against him as confessed. And the Court finds from the instrument
of writing on which this action is founded that the defendant is indebted to
the plaintiffs in the sum of One hundred and nine dollars and twenty nine
cents. It is therefore considered by the Court that the said plaintiffs recover of the
said defendant the sum aforesaid in form aforesaid as found, and also their
costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
and dismisses this suit as to the defendant,
D Bacon
though duly summoned and called, comes not but
makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against him as confessed. And the
Court finds from the instrument of writing on which this action is founded
that the defendant,
of twenty five hundred and eight seven dollars. It is therefore considered by
the Court that the said plaintiff recover of the said defendant the sum aforesaid
in form aforesaid as found and also his costs and charges herein expended and
have execution therefor.
On note.
Now at this day come the plaintiffs, by his attorney,
but the defendants, although duly summoned and
called, come not but make default, wherefore, on
motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against them
as confessed. And the Court finds from the instrument of writing on which this
action is founded that the defendants are indebted to the plaintiffs in the sum
of four hundred and six dollars and forty six cents. It is therefore considered by
the Court that the said plaintiffs recover of the said defendants the sum aforesaid
in form aforesaid as found and also his costs and charges herein expended and
have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
and dismisses this suit as to the defendant,
O Wolf
duly summoned and called, comes not but makes
default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against him as confessed. And the Court
finds from the instrument of writing on which this action is founded that the
defendant,
hundred and thirteen dollars. It is therefore considered by the Court that the said
plaintiff recover of the said defendant the sum aforesaid in form aforesaid as
found and also her costs and charges herein expended and have execution therefor.
On Certificate of Deposit.
Now at this day comes the plaintiff, by his attorney, and
dismisses this suit as to the defendant,
but the defendants,
duly summoned and called, come not but make default
wherefore, on motion of plaintiffs attorney, it is ordered by
the Court that the petition herein be taken against them
as confessed. And the Court finds from the instrument of writing on which
this action is founded that the defendants are indebted to the plaintiff in the
sum of Eight hundred and fifty four dollars. It is therefore considered by the
Court that the said plaintiff recover of the said defendants the sum aforesaid
in form aforesaid as found and also his costs and charges herein expended and
have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but
the defendant, although duly summoned and called,
comes not but makes default, wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against the said defendant as confessed. And the Court finds from the
instrument of writing on which this action is founded that the defendant is
indebted to the plaintiff in the sum of five hundred and thirty five dollars. It
is therefore considered by the Court that the said plaintiff recover of the said de
fendant the sum aforesaid in form aforesaid as found and also his costs and char
ges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, and
dismisses this suit as to the defendant,
duly summoned and called, come not but make
default, wherefore, on motion of plaintiffs attorney, it is
ordered by the Court that the petition herein be taken against them as confessed.
And the Court finds from the instrument on which this action is founded
that the defendants,
sum ten hundred and forty four dollars and sixty two cents. It is therefore
considered by the Court that the said plaintiff recover of the said defendants
the sum aforesaid in form aforesaid as found and also his costs and charges
herein expended and have execution therefor.
Default.
Now at this day come the plaintiffs by
their attorney, but the defendant,
Wheelers
called, comes not but makes default, wherefore, on motion of plaintiffs attorney,
it is ordered by the Court that the petition herein be taken against the said defen
dant as confessed.
On note.
Now at this day comes the plaintiff, by his attorney,
and dismisses this suit as to the defendant,
D Bacon
although duly summoned and called, come not but
make default, wherefore, on motion of plaintiffs attorney,
it is ordered by the Court that the petition herein be taken against them as con
fessed. And the Court finds from the instrument of writing on which
this action is founded that the defendants,
the plaintiff in the sum Six hundred and nine dollars and ninety nine
cents. It is therefore considered by the Court that the said plaintiff recover of
the said defendants the sum aforesaid in form aforesaid as found and also his
costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plain
tiff, by his attorney, but the defen
dants, although duly summoned
and called come not but make
default; wherefore, on motion of
plaintiffs attorney, it is ordered by
the Court that the petition herein be taken against them as confessed. And
the Court finds from the instrument of writing on which this action is
founded that the defendants are indebted to the plaintiff in the sum twenty
six hundred and forty nine dollars and forty cents. It is therefore considered
by the Court that the said plaintiff recover of the said defendants the sum afore
said in form aforesaid as found and also his costs and charges herein expended
and have execution therefor.
On note.
Now at this day come the plain
tiffs, by his attorney, and dismiss
this suit as to the defendant,
D Bacon
although duly summoned and
called, come not but make default; wherefore, on motion of plaintiffs attorney,
it is ordered by the Court that the petition herein be taken against them as
confessed. And the Court finds from the instrument of writing on which
this action is founded that the defendants are indebted to the plaintiffs in
the sum twenty five hundred and forty four dollars and sixteen cents. It is
therefore considered by the Court that the said plaintiffs recover of the said
defendants the sum aforesaid in form aforesaid as found and also their costs
and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendant, although duly summoned and
called, comes not but
makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the Court that the petition herein be
taken against the said defendant as confessed. And the Court finds from the
instrument of writing on which this action is founded that the defendant is in
debted to the plaintiff in the sum Eight hundred and twenty five dollars.
It is therefore considered by the Court that the said plaintiff recover of the said
defendant the sum aforesaid in form aforesaid as found and also his costs and
charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendants, although duly summoned
and called, comes not but make default, where
fore, on motion of plaintiffs attorney, it is ordered
by the Court that the petition herein be taken against him as confessed. And
the Court finds from the instrument of writing on which this action is
founded that the defendants are indebted to the plaintiff in the sum of
four hundred and twenty seven dollars and seven cents. It is therefore consid
ered by the Court that the said plaintiff recover of the said defendants the sum
aforesaid in form aforesaid as found and also his costs and charges herein ex
pended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but
the defendant, although duly summoned and called,
comes not but makes default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against the him as confessed. And the Court finds from the instrument of writing
on which this action is founded that the defendant is indebted to the plaintiff
in the sum of three hundred and seventy six dollars and seventy five cents. It
is therefore considered by the Court that the said plaintiff recover of the said
defendant the sum aforesaid in form aforesaid as found and also his costs
and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendant, although duly summoned and
called, comes not but makes default; wherefore, on
motion of plaintiffs attorney, it is ordered by the Court that the petition herein be
taken against the him as confessed. And the Court finds from the instrument of
writing on which this action is founded that the defendant is indebted to the
plaintiff in the sum of Seven hundred and seventy nine dollars and forty
nine cents. It is therefore considered by the Court that the said plaintiff
recover of the said defendant the sum aforesaid in form aforesaid as
found and also his costs and charges in this behalf expended and have
execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendants, although duly summoned and
called, comes not but make default; wherefore, on
motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against them as confessed. And the
Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of three hundred
and thirteen dollars. It is therefore considered by the Court that the said plain
tiff recover of the said defendants the sum aforesaid in form aforesaid as found
and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendants, although duly summoned and
and called, come not but make default, wherefore;
on motion of plaintiffs attorney, it is ordered by
the Court that the petition herein be taken against them as confessed and
the Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of Seven hun
dred and eighty five dollars. It is therefore considered by
the Court that the said plaintiff recover of the said defendants the sum afore
said in form aforesaid as found and also his costs and charges herein expended
and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
and dismisses this suit as to the defendant,
duly summoned and called, comes not but makes
default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against him as confessed. And the Court
finds from the instrument of writing on which this action is founded that
the defendant,
twenty one hundred and fifty six dollars. It is therefore considered by the Court
that the said plaintiff recover of the said defendant the sum aforesaid in form
aforesaid as found and also his costs and charges herein expended and have
execution therefor.
On note.
Now at this day comes the plain
tiff, by its attorney, and dismisses
this suit as to the defendants,
Dodge
but the defendants,
and
moned and called, come not but make default; wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the petition herein be
taken against them as confessed. And the Court finds from the instru
ment of writing on which this action is founded that the defendants
are indebted to the plaintiff in the sum of five hundred and thirty six dol
lars and ninety cents. It is therefore considered by the Court that the said plain
tiff recover of the said defendants,
in form aforesaid as found and also its costs and charges herein expended and
have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, and
dismisses this suit as to the defendant,
the defendant,
called, comes not but makes default; wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the petition herein be taken against
him as confessed. And the Court finds from the instruments of writing on which
this action is founded that the defendant,
plaintiff in the sum of six hundred and forty dollars and sixty cents. It is there
fore considered by the Court that the said plaintiff recover of the said defendant the
sum aforesaid in form aforesaid as found and also his costs and charges herein ex
pended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but the
defendant, although duly summoned and called, comes not
but makes default, wherefore, on motion of plaintiffs attorney,
it is ordered by the Court that the petition herein be taken
against him as confessed. And the Court finds from the instrument of writing on
which this action is founded that the defendant is indebted to the plaintiff in the
sum of ten hundred and seventy dollars. It is therefore considered by the Court that
the plaintiff recover of the said defendant the sum aforesaid in form aforesaid as
found and also his costs and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs,
by their attorney, but the defendants,
although duly summoned and called,
come not but make default, wherefore
on motion of plaintiffs attorney, it is
ordered by the Court that the petition herein be taken against the said defen
dants as confessed. And the Court finds from the instrument of writing on
which this action is founded that the defendants are indebted to the plaintiffs
in the sum of Six thousand and twenty eight dollars and twenty nine cents. It
is therefore considered by the Court that the plaintiffs recover of the said
defendants the sum aforesaid in form aforesaid as found and also their costs and
charges herein expended and have execution therefor.
Default.
Now at this day come the plaintiffs
by their attorney, but the defendant,
McIndoe, although duly summoned
and called, comes not but makes default, wherefore, on motion of plaintiffs it is ordered by
the petition herein be taken against him as confessed.
Now at this day comes the plaintiff
by her attorney and file a motion
for an execution against the defen
dants for the yearly instalment due to
the plaintiff, Nancy Link, upon the
accordance with the judgment ren
dered herein on the
of January eighteen hundred and fifty five
and considered the said motion doth sustain the same, and doth order
that execution issue against the defendants for the sum of two hundred
and fifty dollars with interest thereon at the rate of six per cent per
annum and for her costs.
Order of Publication.
Now at this day comes the plaintiff, by her
attorney, and files a petition and affidavit herein,
and the Court being satisfied therefrom that
the defendant is not a resident of the State of Missouri, it is ordered that
he be notified that a civil action has been commenced against him in this
Court, the object of which is to obtain a decree of divorce from the bonds of
matrimony existing between plaintiff and defendant on the ground of deser
tion, and unless he be and appear at the next term of this Court to be begun
and held at the City of St Louis, within and for the County of St Louis, on the
fourth Monday of February next, and on or before the Sixth day thereof answer
the plaintiffs petition, the same will be taken against him as confessed. It is
further ordered that a copy hereof be published, according to law, in the Missouri
Democrat, a newspaper printed and published in the City of St Louis.
Ten days additional time allowed to plead.
Dismissal.
By consent of parties it is ordered by the Court that
this suit be dismissed at the costs of the defendant and
that execution issue therefor.
Time for answering extended to twenty first instant.
Time for answering extended to twenty first inst
Motion to strike out interplead filed.
of this Court.
Motion to strike and parts of answer filed.
Demurrer filed.
Demurrer filed.
Demurrer
filed.
Demurrer filed.
On motion it is ordered that the garnishees herein be discharged
at the costs of said plaintiff and that execution issue therefore.
Five dollars is allowed the garnishees.
In the matter of the Contested Elections.
Now at this day come the contestant and defendant by their respective attorneys and having
argued the motion to quash notice and dismiss proceedings submit the same to the Court,
and the Court not being sufficiently advised takes time to consider thereof.
Court met pursuant to adjournment. Present as before.
Confession of Judgment.
Now at this day comes the defendant and files a state
ment in writing duly verified by affidavit whereby he
confesses himself indebted to the plaintiff in the sum of
five thousand eight hundred and ninety seven dollars and eighty seven
cents, and consents that judgment may be rendered against him for that
sum. It is therefore considered by the Court that the said plaintiff recover of
the said defendant the sum aforesaid in form aforesaid as confessed, and also
his costs and charges herein expended and have execution therefor.
this court.
On notes.
Now at this day comes the plaintiff, by his attorney,
but the defendants although duly summoned and called
comes not but make default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against their as confessed. And
the Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of thirty five hun
dred and seventy six dollars and seventy one cents. It is therefore considered by
the Court that the said plaintiff recover of the said defendants the sum afore
said in form aforesaid as found and also his costs and charges herein expended
and have execution therefor. Judgment to bear interest at the rate of ten per
and per annum.
Dismissal.
On motion of plaintiff, by its attorney, it is ordered
by the Court that this suit be dismissed at the
costs of said plaintiffs and that execution issue therefor.
Motion to strike out answer and for Judg
ment filed.
On note.
Now at this day come the plaintiffs, by their attorney, but
the defendant although duly summoned and called comes
not but makes default, wherefore, on motion of plaintiffs
attorney, it is ordered by the Court that the petition herein
be taken against him as confessed. And the Court finds
from the instrument of writing on which this action is founded that the defendant
is indebted to the plaintiffs in the sum of four hundred and twenty one dollars
and seventy five cents. It is therefore considered by the Court that the said plaintiffs
recover of the said defendant the sum aforesaid in form aforesaid as found and also
their costs and charges herein expended and have execution therefor.
On notes.
Now at this day come the plaintiffs
by their attorney, but the defendants,
although duly summoned and called
come not but make default, where
fore on motion of plaintiffs attorney, it is ordered by the Court that the petition
herein be taken against them as confessed. And the Court finds from the instru
ment of writing on which this action is founded that the defendants are indebted to
the plaintiffs in the sum of thirty one hundred and nineteen dollars and fifty cents.
It is therefore considered by the Court that the said plaintiffs recover of the said de
fendants the sum aforesaid in form aforesaid as found and also their costs
and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by its attorney
but the defendants, although duly summoned and
called, come not but make default, wherefore, on
motion of plaintiffs attorney it is ordered by the
Court that the petition herein be taken against them
as confessed. And the Court finds from the instrument of writing on
which this action is founded that the defendants are indebted to the
plaintiff in the sum of four hundred and twenty nine dollars. It is therefore
considered by the Court that the said plaintiff recover of the said defendants
the sum aforesaid in form aforesaid as found and also its costs and charges
herein expended and have execution therefor.
On Bill of Exchange.
Now at this day comes the plaintiff by its
attorney, and thereupon comes
McDonald
and waives service of process, and enters the
appearance of the defendant herein. And said defendant, by his attorney, wair
ing all defence hereto by answer or otherwise, this cause is submitted to the Court:
And the Court finds from the instrument of writing on which this action is
founded that the defendant is indebted to the plaintiff in the sum of five
hundred and eighteen dollars and fifty cents. It is therefore considered by
the Court that the said plaintiff recover of the said defendant the sum afore
said in form aforesaid as found and also its costs and charges herein expen
ded and have execution therefor.
On Due Bill.
Now at this day comes the plaintiff by
his attorney and dismisses this suit as
to the defendants,
but the defendant,
duly summoned and called, comes not but makes default, wherefore, on motion
of plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against him as confessed: and thereupon comes
for the defendant,
of the said defendant herein: and waiving all defence hereto by answer or otherwise
submits this cause to the Court. And the Court finds from the instrument of
writing on which this action is founded that the defendants,
are indebted to the plaintiff in the sum of fifty one dollars and thirty seven
cents. It is therefore considered by the Court that the said plaintiff recover of
the said defendants the sum aforesaid in form aforesaid as found and
also its costs and charges herein expended and have execution therefor.
On Bill of Exchange.
Now at this day comes the plaintiff, by his attorney, but
the defendant,
and called, comes not but makes default, wherefore,
on motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against him as confessed: And therefor
comes
waives service of process and enters the appearance of the said defendant herein:
And said defendant waiving all defence hereto by answer or otherwise, this
cause is submitted to the Court. And the Court finds from the instrument of
writing on which this action is founded that the defendants are indebted to the
plaintiff in the sum of Six hundred and twenty dollars and five cents. It is
therefore considered by the Court that the said plaintiff recover of the said de
fendants the sum aforesaid in form aforesaid as found and his costs and
charges herein expended and have execution therefor.
On Bill of Exchange.
Now at this day comes the plaintiff, by its attorney,
but the defendants,
moned and called, comes not but makes default,
wherefore, on motion of plaintiffs attorney, it is or
dered by the Court that the petition herein be
taken against him as confessed. And thereupon comes
Esg, attorney for the defendant,
the appearance of the said defendant herein; and the said defendant,
waiving all defence hereto by answer or otherwise, this cause is submitted to
the Court. And the Court finds from the instrument of writing on which
this action is founded that the defendants are indebted to the plaintiff in
the sum of Six hundred and twenty dollars and five cents. It is therefore
considered by the Court that the said plaintiff recover of the said defendants the
sum aforesaid in form aforesaid as found, and his costs and charges herein
expended and have execution therefor.
On note.
Now at this day comes the plaintiff by
his attorney, and dismisses this suit as
to the defendant,
defendants, although duly summoned and
called, come not but make default, wherefore, on motion of plaintiffs attorney, it
is ordered by the Court that the petition herein be taken against them as confessed.
And the Court finds from the instrument of writing on which this action is foun
ded that the defendants,
debted to the plaintiff in the sum of one hundred and eighty nine dollars and
seventy five cents. It is therefore considered by the Court that the said plain
tiff recover of the said defendants the sum aforesaid in form aforesaid as
found and his costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by its attorney
but the defendants, although duly summoned and
called come not but make default, wherefore, on
motion of plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against them as con
fessed. And the Court finds from the instrument of writing on which
this action is founded that the defendants are indebted to the plaintiff
in the sum of four hundred and fifty five dollars and seventy five
cents. It is therefore considered by the Court that the said plaintiff re
cover of the said defendants the sum aforesaid in form aforesaid as found
and its costs and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs by their attorney
but the defendant, although duly summoned and
called, comes not but makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against him as confessed. And the
Court finds from the instrument of writing on which this action is founded that
the defendant is indebted to the plaintiffs in the sum of three hundred and forty
four dollars and sixty three cents. It is therefore considered by the Court that
the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as
found and also their costs and charges herein expended and have execution therefor.
Judgment to bear interest at the rate of ten per cent per annum.
On note.
Now at this day comes the plaintiff by his attorney
but the defendants, although duly summoned and
called, come not but make default, wherefore, on
motion of plaintiffs attorney, it is ordered by
the Court that the petition herein be taken against them as confessed. And
the Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of Six hundred
and seventy one dollars and fifty seven cents. It is therefore considered by the
Court that the plaintiff recover of the said defendants the sum aforesaid in
form aforesaid as found and also his costs and charges herein expended and
have execution therefor.
On account.
Now at this day come the parties by their respective attorneys
and consent and agree that judgment may be rendered
against the defendant in favor of the plaintiffs for the sum
of two hundred and seventy four dollars and eighty six
cents. It is therefore considered by the Court that the said plaintiffs recover of
the said defendant the sum aforesaid in form aforesaid as agreed upon and
also their costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, in his own proper
person, but the defendants, although duly summoned
and called, come not but make default, wherefore,
on motion of the plaintiff, it is ordered by the Court
that the petition herein be taken against them as con
fessed. And the Court finds from the instrument of writing on which this
action is founded that the defendants are indebted to the plaintiff in the sum
of two hundred and forty four dollars and thirty five cents. It is therefore considered by the Court
that the plaintiff recover of the said defendants the sum aforesaid as found and also his costs
and charges herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs, by their
attorney, but the defendants, although duly sum
moned and called, come not but make default;
wherefore, on motion of the plaintiffs attorney, it is
ordered by the Court that the petition herein be
taken against them as confessed. And the Court finds from the instrument
of writing on which this action is founded that the defendants are indebted to
the plaintiffs in the sum of three hundred and thirty two dollars and fifteen
cents. It is therefore considered by the Court that the plaintiffs recover of
the said defendants the sum aforesaid in form aforesaid as found and also
their costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, and
dismisses this suit as to the defendant,
defendant,
comes not but makes default; wherefore, on motion of the
plaintiffs attorney it is ordered by the Court that the petition herein be taken against
him as confessed. And the Court finds from the instrument of writing on
which this action is founded that the defendant,
tiff in the sum of three hundred and one dollars and twenty cents. It is there
fore considered by the Court that the plaintiff recover of the said defen
dant the sum aforesaid in form aforesaid as found, and also his costs and charges
herein expended and have execution therefor.
Confession of Judgment.
Now at this day comes the defendant and files a
Statement in writing, duly verified by affidavit,
whereby he confesses himself indebted to the plain
tiffs in the sum of twenty five hundred dollars, and
consents and agrees that judgment may be rendered
against him in favor of the plaintiffs for that sum. It is therefore considered
by the Court that the said plaintiff recover of the said defendant the sum
aforesaid in form aforesaid as confessed and also their costs and charges herein
expended and have execution therefor.
Default.
Now at this day comes the plaintiff, by his attorney,
but the defendant,
moned and called, comes not but makes default;
wherefore, on motion of plaintiffs attorney, it is ordered
by the Court that the petition herein be taken against him as confessed. On mo
tion of said plaintiff, by his attorney, it is ordered by the Court that an alias
Writ issue for the defendant,
Dedimus awarded.
On motion of plaintiff, by his attorney, it is ordered that a
dedimus issue to the State of Jowa to take depositions of
witnesses to be read on the trail of this cause on behalf of,
said plaintiff. Leave is given plaintiff to withdraw Exhibits herein, on leaving,
copies. Copies filed, Exhibits withdrawn.
Proof of Publication.
Now at this day come the plaintiffs by
their attorney and file proof satisfactory
to the Court that the order of publica
tion heretofore made herein has been duly
published according to law.
Proof of Publication.
Now at this day come the plaintiffs, by their attorney,
and file proof satisfactory to the Court that the
order of publication heretofore made herein has
been duly published according to law.
Proof of Publication.
Now at this day come the plaintiffs, by their attorney,
and file proof satisfactory to the Court that the
order of publication heretofore made herein has
been duly published according to law.
Appointment of Guardian ad litem.
On motion of the plaintiffs, by their attorney, it is ordered
by the Court that
is hereby appointed guardian ad litem of
Powell
R Biddlecome
Motion to strike out parts of answer, filed.
Answer of
Motion filed by garnishee to quash service.
On motion of the plaintiffs by
their attorney, it is ordered by the
Court that
and
the bond given for the production and delivery of the property herein attached,
produce and deliver said property, to wit: fifteen young America born
fifteen extra grinders, two washing machines, one writing desk, one stove and
pipe, and five chairs. to the Sheriff of St Louis County, at his office, in the City
of St Louis. It is further ordered that
Proof of Pub_Appointment of Guard ad litem &c
Now at this day come the plaintiffs,
by their attorney, and file proof satis
factory to the Court that the order
of publication heretofore made
herein has been duly published
according to law; therefore the
Court appoints
such: And by consent and agreement of parties filed herein, it is ordered by
the Court that this cause be transferred to the St Louis Land Court for
trail, and that the Clerk of this Court make out a full and complete trans
cirpt of the record and proceedings herein and deliver the same duly certified to
the Clerk of said Court.
Court met pursuant to adjournment. Present as before.
and acknowledges the execution of a deed by him,
as Sheriff, to
and property of
Beginning at a point in the South front line of Olive street, distant Westwardly
one hundred and fifty feet from the North East corner of Block no 505 of the city
of St Louis, State of Missouri, thence Westwardly with the said South line of
Olive street forth eight feet, thence Southwardly and parallel with Thirteeth
street one hundred and nine feet and one inch to an alley, thence Eastwardly
with the North line of said alley forty eight feet, thence Westwardly and with the
same parallel as before one hundred and nine feet and one inch to the place of
beginning: bounded North by Olive street, South by an alley, East by lot formerly
of
an execution issued from the Office of the St Louis Circuit Court in favor of
Answer filed.
Answer filed.
Proof of Publication.
Now at this day come the plaintiffs, by their attorney, and
file proof satisfactory to the Court that the order of pub
lication made by the Clerk, in Vacation, has been duly
published according to law.
Confession of Judgment.
Now at this day comes the defendant, and files astate
ment duly verified by affidavit, whereby he confesses him
self indebted to the plaintiffs in the sum of One hun
dred and ninety five dollars and eighty five cents and
consents to that judgment may be rendered against him
and in favor of the plaintiffs for that sum. It is therefore considered by the
Court that the said plaintiffs recover of the said defendant the sum aforesaid
as confessed and their costs herein expended and have execution therefor.
Satisfaction acknowledged
The plaintiff, by
comes in open Court, and acknowledges to
have received full and entire satisfac
tion of the judgment rendered
for the sum of ten hundred and seventy five dollars and thirty five cents, against
the defendants.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendants although duly summoned and
called come not but make default, wherefore, on
motion of plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against them as confessed. And the Court
finds from the instrument of writing on which this action is founded that the
defendants are indebted to the plaintiff in the sum of One hundred and seventy
six dollars and seventy eight cents. It is therefore considered by the Court that
the said plaintiff recover of the said defendants the sum aforesaid in form afore
said as found, and his costs herein expended and have execution therefor.
On notes.
Now at this day come the plain
tiffs by their attorney but the de
fendants, although duly summoned
and called, come not but make
default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against them as confessed. And the Court
finds from the instrument of writing on which this action is founded that the
defendants are indebted to the plaintiffs in the sum of five hundred and
fifty six dollars and thirty seven cents. It is therefore considered by the Court
that the said plaintiffs recover of the said defendants the sum aforesaid in
form aforesaid as found and also their costs and charges in this behalf
expended and have execution therefor.
Garns discharged. No allegations filed.
Now at this day comes the garnishee, by
his attorney, and on his motion it is ordered
by the Court that he be discharged hence
at the costs of the plaintiffs, and that exe
cution issue therefor. Five dollars allowed garnishee for appearing herein.
Garns on
The plaintiffs having failed to file in
terrogatories within the time prescibed
by law so to do, it is on motion of the
garnishee by its attorney, ordered that it
be discharged hence at the costs of the plaintiff and that execution issue therefor.
On motion, ten days further time given the defen
dant, Sherrick, to file an answer herein.
Dismissal.
On motion of the plaintiffs by their attorney,
it is ordered by the Court that this suit be
dismissed at the costs of the said plain
tiffs and that execution issue therefor.
Motion to strike out parts of petition, Demurrer to
the Petition by the City, and Answer of
On motion the time for answering herein is extended ten
days.
On motion of the plaintiffs by its
attorney, it is ordered that an alias
writ issue herein returnable to the
next term of this Court.
By consent of parties ten days further time is given
the defendant,
On motion of plaintiffs by their attorney, it is or
dered by the Court that an alias Writ issue herein.
Answer filed.
Answer filed.
Dismissal.
On motion of plaintiffs, by their attorney, it is or
dered by the Court that this suit be dismissed at
the costs of the said plaintiffs and that execution
issue therefor.
Proof of Publication.
Now at this day come the plaintiffs by their
attorney, and file proof satisfactory to the Court that
the order of publication hereof made herein
has been duly published according to law.
Proof of Publication.
Now at this day come the plaintiffs by their
attorney, and file proof satisfactory to the Court
that the order of publication hereof made
herein has been duly published according to law.
Ten days additional time to answer.
Ten days additional time to answer.
Garns discharged.
The plaintiff having failed to fie in
terrogatories within the time prescribed by
law so to do, it is, on motion of the garni
shees, by their attorney, ordered that they be
discharged hence at the costs of the said plaintiff and that execution issue therefor.
Answer of
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered by
the Court that this suit be dismissed at the costs of the
said plaintiffs, and that execution issue therefor. Leave
is given the plaintiffs to withdraw the notes sued on.
Amended petition filed by leave of Court.
Answer filed.
Answer filed.
Motion to strike out answer and for judgment filed.
The State of Missouri to
use of
vs 437
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Demurrer filed.
Answer filed.
Demurrer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer
filed.
Answer filed.
Answer filed.
Answer filed.
Answer and
Exhibits filed.
Answer of
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Demurrer
filed.
Demurrer filed.
Motion to strike out parts of petition filed.
Motion filed to set aside judgment.
Motion filed to strike out answer.
Time for answering herein is extended twenty days.
Time for answering herein extended twenty days.
Time for answering herein extended twenty days.
Time for answering herein extended twenty days.
Time for answering herein extended twenty days.
Time for answering herein extended twenty days.
Motion for security for costs filed. Answer filed.
Time for answering extended one week. Motion for
security for costs filed.
Motion for security for costs filed. Demurrer filed.
Separate answer of
Answer filed.
Answer filed.
Answer filed.
Demurrer filed to amended petition.
Interplea of
Order of Publication.
Now at this day comes the plaintiffs, by his attorney, and,
on his motion, leave is given to amend the petition herein
by inserting in the caption thereof the Christian name,
of the defendant,
tin O
cordingly made. And thereupon the plaintiff, by his attorney, files an additional
affidavit herein, from which it appears to the Court that the defendants,
Moore
therefore, on motion of said plaintiffs attorney, ordered that they be notified that
a suit has been commenced against them founded on a bill of Exchange for
the sum of four hundred dollars, drawn by
Welton
endorsee; and that unless they be and appear at the next term of this Court to
be begun and held at the City of St Louis within and for the County of St Louis,
on the fourth Monday of February next, and on or before the third day
thereof answer the plaintiffs petition the same will be taken against them as
confessed. It is further ordered that a copy hereof be published according to law
in the Missouri Democrat, a newspaper printed and published in the
City of St Louis.
Motion to strike out answer filed.
Dismissal.
By consent of parties, it is ordered by the Court that
this said be dismissed at the costs of the plaintiffs and
that execution issue therefor. Stipulation filed.
Order of Publication.
Now at this day come the plain
tiffs, by their attorney, and file a
petition and affidavit, from which
it appears to the Court that the
defendants,
her husband, are not residents of
the State of Missouri, therefore,
on motion of plaintiffs attorney, it is ordered by the Court that they be notified
that a petition has been filed in this Court, the object of which is to obtain a
decree of this Court notifying and confirming the acts of
Executor of
pay over to said plaintiffs the sum of thirteen hundred and forty five dollars
and seventy cents the portion of the proceeds of sale of land in Saint Louis
County made by said
at the next term of this Court to be begun and held at the City of St Louis,
within and for the County of St Louis, on the fourth Monday of February next,
and on or before the sixth day thereof, answer and show cause to the contrary
the prayer of the said petition will be granted and a decree rendered accordingly.
It is further ordered that a copy hereof be published, according to law, in the
Missouri Republication, a newspaper printed and published in the City of St Louis.
Answer of
and also answer of
Jury, trail progresses.
Now at this day come the parties by their respective at
tourneys and thereupon come also a Jerry, to wit;
Schrik
Bergy
and lawful men, who being duly elected, tried and sworn the issues herein
joined well and truly to try, the trail progressed, but not being concluded at
the hour of adjournment further proceedings herein are laid over unti to mor
row morning.
Court met pursuant to adjournment. Present as before.
On note.
Now at this day comes the plaintiff, by his attorney, but
the defendant, although duly summoned and called,
comes not but makes default, wherefore on motion of
plaintiffs attorney, it is ordered by the Court the petition herein be taken
against him as confessed. And the Court finds from the instrument of
writing on which this action is founded that the defendant is indebted to the
plaintiff in the sum of twelve hundred and thirty dollars and ninety four
cents: it is therefore considered by the Court that the said plaintiff recover of
the said defendant the sum aforesaid in form aforesaid as found and his costs
herein expended and have execution therefor. Judgment to bear interest at the
rate of ten per cent per annum.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendants, although duly summoned and
called,come not but make default, wherefore on mo
tion of plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against them as confessed. And the Court
finds from the instrument of writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of two hundred and
twenty eight dollars and eighty six cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and
also his costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs, by their attorney,
but the defendant, although duly summoned and called,
comes not but makes default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against him as confessed. And the Court finds from
the instrument of writing on which this action is founded that the defendant is
indebted to the plaintiffs in the sum of three hundred and ninety two dollars
and eight cents. It is therefore considered by the Court that the plaintiffs
recover of the said defendant the sum aforesaid in form aforesaid as found
and their costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but
the defendants, although duly summoned and called,
come not but make default, wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against them as confessed. And the Court finds from
the instrument of writing on which this action is founded that the defendants
are indebted to the plaintiff in the sum of Six hundred and twenty eight dol
lars and ninety nine cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendants the sum aforesaid in form aforesaid
as found and his costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, and
dismisses this suit as to the defendants,
duly summoned and called, come not but make default,
wherefore, on motion of plaintiffs attorney, it is ordered by
the Court that the petition herein be taken against them
as confessed. And the Court finds from the instrument of writing on which
this action is founded that the defendants,
the plaintiff in the sum of three hundred and thirty one dollars and sixty one
cents. It is therefore considered by the Court that the said plaintiff recover of the
said defendants the sum aforesaid as found and also his costs herein expended
and have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney, but the
defendants although being duly summoned and called come
not but make default. Wherefore, on motion of the plaintiffs
attorney, it is ordered by the Court that the petition herein be taken against them as
confessed. And the Court finds from the instrument in writing on which this action
is founded that the defendants are indebted to the plaintiff in the sum of Six hundred
and forty four dollars and sixty two cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendants the sum aforesaid as found and
also his costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney, but the
defendant although being duly summoned and called comes
not but makes default. Wherefore on motion of the plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against him as confessed. And the Court finds
from the instrument in writing on which this action is founded that the defendant is in
debted to the plaintiff in the sum of Eight hundred and one dollars and seventy three
cents. It is therefore considered by the Court that the said plaintiff recover of the defendant
the sum aforesaid as found and also his costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by her attorney,
and dismisses this suit as to the defendant,
White
duly summoned and called, come not but make
default, wherefore, on motion of plaintiffs attorney, it is
ordered by the Court the petition herein be taken against them as confessed.
And the Court finds from the instrument of writing on which this action is
founded that the defendants,
the sum of One hundred and ninety two dollars and ninety two cents. It is
therefore considered by the Court that the said plaintiff recover of the said defendants
the sum aforesaid as found and her costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs, by
their attorney, but the defendants, although
duly summoned and called, come not
but make default, wherefore, on motion
of plaintiffs attorney, it is ordered by the
Court the petition herein be taken against them as confessed. And the Court
finds from the instrument of writing on which this action is founded that the
defendants are indebted to the plaintiffs in the sum of five hundred and twenty
nine dollars and seventy cents. It is therefore considered by the Court that the
said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid
as found and also their costs and charges herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by
his attorney, but the defendants, although
duly summoned and called, comes not
but makes default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court the petition herein be taken
against them as confessed. And the Court finds from the instrument of writing
on which this action is founded that the defendant is indebted to the plaintiff in
the sum of One hundred and ninety five dollars and sixteen cents. It is therefore
considered by the Court that the said plaintiff recover of the said defendant the
sum aforesaid in form aforesaid as found and also his costs and charges herein
expended and have execution therefor.
On notes.
Now at this day comes the plaintiff, by his attorney, but the defen
dant, although duly summoned and called, comes not but
makes default, wherefore, on motion of plaintiffs attorney, it
is ordered by the Court the petition herein be taken against him as confessed.
And the Court finds from the instrument of writing on which this action is
founded that the defendant is indebted to the plaintiff in the sum of three hun
dred and eighty four dollars and seven cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendant the sum aforesaid in form
aforesaid as found and his costs herein expended and have execution therefor.
On account.
Now at this day come, the plaintiffs, by their attorney,
but the defendant, although duly summoned and
called, comes not but makes default, wherefore, on mo
tion of plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against him as con
fessed. And the plaintiffs, waiving aJury submit this cause to Court upon
the pleadings and proofs, and the Court having duly heard and considered
the same, doth assess the damages of the plaintiffs by reason of the promises
in the petition mentioned at the sum of One hundred and eighty seven dollars,
and sixty cents. It is therefore considered by the Court that the said plaintiffs
recover of the said defendant the sum aforesaid afsefsed and their costs herein
expended and have execution therefor.
Default.
Now at this day come the plaintiffs but the defendant
although duly summoned and called comes not but
makes default, wherefore on motion of said plaintiffs
is ordered by the Court the petition herein against
him as confessed.
Attachment. Order of Publication.
It appearing to the satisfaction of the Court that the
defendant,
herein, it is, on motion of the plaintiffs attorney, ordered
that the said
civil action has been commenced against him found
ed on a promissory note for the sum of five hundred and seventy dollars exe
cuted by the defendants to the plaintiffs and that his property has been attached
and unless he be and appear at the next term of this Court, to be begun and
held at the City of St Louis, within and for the County of St Louis, on the
fourth Monday of February next, and on or before the third day thereof answer
the plaintiffs petition, judgment will be rendered against him and his property
sold to satisfy the same. It is further ordered that a copy hereof be published
according to law in the Missouri Democrat, a newspaper printed and pub
lished, in the City of St Louis.
On note.
Now at this day comes the plaintiff, by his attorney, but
the defendants, although duly summoned and called,
come not but make default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against them as confessed. And the Court finds from
the instrument of writing on which this action is founded that the defendanto are in
debted to the plaintiffs in the sum of twenty three hundred and fifteen dollars and
fifty cents. It is therefore considered by the Court that the said plaintiff recover of
the said defendants the sum aforesaid in form aforesaid as found and his
costs herein expended and have execution therefor.
On note.
Now at this day come the plain
tiffs, by their attorney, but the de
fendants, although duly summoned
and called, come not but make
default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against them as confessed. And the Court finds
from the instrument of writing on which this action is founded that the defen
dants are indebted to the plaintiffs in the sum of two hundred and ninety one
dollars and forty three cents. It is therefore considered by the Court that the said
plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as
found and their costs herein and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but
the defendants, although duly summoned and called,
come not but make default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against them as confessed. And
the Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of six hundred
and fifty dollars and eight cents. It is therefore considered by the Court that
the said plaintiff recover of the said defendants the sum aforesaid in form afore
said as found and his costs herein and have execution therefor. Judg
ment to bear ten per cent interest.
On note and account.
Now at this day come the plaintiffs,
by their attorney, but the defendant although
duly summoned and called, comes
not but makes default, wherefore, on mo
tion of plaintiffs attorney, it is ordered by the Court that the petition herein be
taken against him as confessed. And the plaintiffs, waiving a Jury, submit
this cause to the Court upon the petition, exhibits and proof, and the Court,
having duly heard and considered the same, doth find that the defendant
is indebted to the plaintiffs in the sum of two hundred and fifty four dollars
and fifty two cents. It is therefore considered by the Court that the said plain
tiffs recover of the said defendant the sum aforesaid in form aforesaid as as
sessed and their costs herein expanded and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendants although duly summoned and
called, come not but make default, wherefore, on mo
tion of plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against them as confessed. And the Court
finds from the instrument of writing on which this action is founded that the
defendants are indebted to the plaintiff in the sum of ten hundred and seventy
dollars and sixteen cents. It is therefore considered by the Court that the
said plaintiff recover of the defendants the sum aforesaid as found and his
costs and charges herein expanded and have execution therefor.
On note
Now at this day comes the plaintiff, by his attorney,
but the defendants, although duly summoned and
called, come not but make default, wherefore, on
motion of plaintiffs attorney, it is ordered by the
Court, that the petition herein be taken against them
as confessed. And the Court finds from the instrument of writing on which this
action is founded that the defendants are indebted to the plaintiff in the sum of
five hundred and fifty dollars and two cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendants the sum aforesaid as found
and his costs herein expanded and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but
the defendant, although duly summoned and called, comes
not but makes default, wherefore, on motion of plaintiffs
attorney it is ordered by the Court that the petition herein be taken against him
as confessed. And the Court finds from the instrument of writing on which
this action is founded that the defendant is indebted to the plaintiff in the
sum of two hundred and sixty three dollars and fifty three cents. It is therefore
considered by the Court that the said plaintiff recover of the said defendant
the sum aforesaid as found and also his costs herein expanded
and have execution therefor.
On note.
Now at this day comes the plaintiff, by its attorney
but the defendants, although duly summoned
and called, come not but makes default, where
fore, on motion of plaintiffs attorney, it is or
dered by the Court that the petition herein be
taken against them as confessed. And the Court finds from the instrument of
writing on which this action is founded that the defendants are indebted to the plain
tiff in the sum of three hundred and eighty one dollars and twenty nine cents.
It is therefore considered by the Court that the said plaintiff recover of the said
defendants the sum aforesaid in form aforesaid as found and also its costs herein
expanded and have execution therefor.
On note.
Now at this day come the plaintiffs, by their attorney,
but the defendants, although duly summoned and
called, come not but make default, wherefore, on mo
tion of plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against them as confessed.
And the Court finds from the instrument of writing on which this action is
founded that the defendants are indebted to the plaintiffs in the sum of five
hundred and twenty seven dollars and eighty cents. It is therefore considered by the
Court that the said plaintiffs recover of the said defendants the sum aforesaid in
form aforesaid as found and also their costs and charges herein expanded and
have execution therefor.
On note.
Now at this day comes the plaintiff, by its
attorney, but the defendants, although
duly summoned and called, come not
but make default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the petition herein be taken against
the defendants as confessed. And the Court finds from the instrument of writing
on which this action is founded that the defendants are indebted to the plain
tiff in the sum of three hundred and eighty seven dollars and thirteen cents. It
is therefore considered by the Court that the said plaintiff recover of the said de
fendants the sum aforesaid in form aforesaid as found and also its costs herein
expanded and have execution therefor.
On note.
Now at this day comes the plaintiff,
by its attorney, but the defendants, al
though duly summoned and called,
come not but make default, wherefore,
on motion of plaintiffs attorney, it is ordered by the Court that the petition herein
be taken against them as confessed. And the Court finds from the instrument
of writing on which this action is founded that the defendants are indebted to the
plaintiffs in the sum of two hundred and eighty five dollars and twenty seven cents.
It is therefore considered by the Court that the said plaintiff recover of the said
defendants the sum aforesaid in form aforesaid as found and also its costs herein
expanded and have execution therefor.
On note.
Now at this day come the
plaintiffs, by their attorney,
and dismiss this suit as to
the defendant,
and thereupon come the
other defendants, by their attor
ney, and withdraw the demurrer to the petition herein, and consent and agree
that judgment may be rendered against them in favor of the plaintiffs for
the sum thirty nine hundred and seventy four dollars. It is therefore considered
by the Court that the said plaintiffs recover of the said defendants the sum
aforesaid as agreed upon and their costs herein and have execution therefor.
On Lost note.
Now at this day comes the plaintiff, by his attorney, but the
defendant, although duly summoned and called, comes
not but makes default, wherefore on motion of plaintiffs
attorney, it is ordered by the Court that the petition herein be taken against the
defendant as confessed. And the plaintiff waiving a Jury submits this cause to
the Court, and the Court having duly heard and considered the same, doth
find that the defendant is indebted to the plaintiff by reason of the premises
in the petition mentioned in the sum of three hundred and seventy three
dollars and seventy five cents. It is therefore considered by the Court that
the said plaintiffs recover of the said defendant the sum aforesaid
in form aforesaid as found and also his costs and charges herein expanded and
have execution therefor.
Order of Publication. Attachment.
It appearing the satisfaction of the Court that the de
fendants cannot be summoned herein, it is therefore
on motion of plaintiffs attorney ordered that the said
defendants be notified that a civil action has been
commenced against them for the sum of sixteen hundred and ninety six dol
lars founded on five notes execution by the defendants under the name and style
Dick and McClure, of which the plaintiffs is now the holder, as endorse; and
their property has been attached and unless they be and appear at the next term
of this Court to begun and held at the City of St Louis within and for the County
of St Louis on the fourth Monday of February next and on or before the third
day thereof answer the plaintiffs petition judgment will be rendered against
them and their property sold to satisfy the same. It is further ordered that a
copy hereof be published, according to law, in the Missouri Democrat, a news
paper printed and published in the City of St Louis.
Confession of Judgment.
The defendant comes and files a statement duly
verified by affidavit whereby he confesses himself
indebted to the plaintiffs in the sum of fifteen
hundred dollars and consents and agrees that
judgment may be entered against him for that sum. It is therefore con
sidered by the Court that the plaintiffs recover of the defendant the sum aforesaid
in form aforesaid as confessed and their costs herein expended and have exe
cution therefor.
Default.
Now at this day comes the plaintiff, by her attorney, but
the defendant, although duly summoned and called, comes
not but makes default, wherefore on motion of the plain
tiffs attorney, it is ordered by the Court that the petition herein be taken against
him as confessed.
Default.
Now at this day comes the plaintiffs, by her attorney, but the
defendants, although duly summoned and solemnly called,
come not but make default, wherefore, on motion of the
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against him as confessed.
Default.
Now at this day come the plaintiffs by their
attorney, but the defendants, although duly sum
moned and called come not but make default,
wherefore on motion of plaintiffs attorney, it is
ordered by the Court that the petition herein be taken against him as con
fessed.
Default.
Now at this day come the plaintiffs, by their attorney, but
the defendant, although duly summoned and called,
comes not but makes default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against him as confessed.
Default.
Now at this day comes the plaintiff, by their attorney,
but the defendant,
and called, comes not but makes default, wherefore,
on motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against him as confessed.
Default.
Now at this day comes the plaintiff, by his attorney, but
the defendant, although duly summoned and called comes
not but makes default, wherefore, on motion of the plaintiffs
attorney, it is ordered by the Court that the petition herein be taken against him
as confessed.
Default.
Now at this day comes the plaintiff, by her attorney, but
the defendant although duly summoned and called, comes
not but makes default, wherefore, on motion of plaintiffs
attorney it is ordered by the Court that the petition herein be taken against
him as confessed.
Default.
Now at this day comes the plaintiffs, by their attorney, but
the defendant, although duly summoned and called
comes not but make default, wherefore, on motion of the
plaintiffs attorney it is ordered by the Court that the petition herein be taken
against him as confessed.
Default.
Now at this day comes the plaintiff, by his attorney, but
the defendant, although duly summoned and called,
comes not but makes default, wherefore, on motion of
the plaintiff by his attorney, it is ordered by the Court that the petition
herein be taken against her as confessed.
Default.
Now at this day comes the plaintiff, by their
attorney, but the defendant, although duly sum
moned and called comes not but makes de
fault, wherefore, on motion of plaintiffs attorneys, it is ordered by the Court
that the petition herein be taken against him as confessed.
Default.
Now at this day comes the plaintiff by his attorney but
the defendant although duly summoned and called,
comes not but makes default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against him as confessed.
Default.
Now at this day comes the plaintiff, by his attorney, but the
defendant, although duly summoned and called, comes not
but makes default, wherefore, on motion of plaintiffs attor
ney, it is ordered by the Court that the petition herein be taken against him
as confessed.
Proof as Publication.
Now at this day comes the plaintiff, by his attorney, and files
proof satisfactory to the Court that the order of publication here
tofore made herein has been duly published according to law.
Proof as Publication.
Now at this day comes the plaintiff by his attorney and files proof
satisfactory to the Court that the order of publication made herein
has been duly published according to law.
Proof as Publication.
Default.
Now at this day comes the plaintiff by their attorney, but the
defendant, although duly summoned and called, comes not
but makes default, wherefore, on motion of plaintiffs attorney
it is ordered by the Court that the petition herein be taken against him as confessed.
Default.
Now at this day come the plaintiffs, by their attorney, but the defen
dant, although duly summoned and called, comes not but
makes default, wherefore on motion of plaintiffs attorney, it is
ordered by the Court that the petition herein be taken against him as confessed.
Default.
Now at this day comes the plaintiff, by his attorney, but
the defendant, although duly summoned and called,
comes not but makes default, wherefore on motion of the
plaintiffs attorney, it is ordered by the Court that the petition herein be taken against
her as confessed.
Default.
Now at this day comes the plaintiff, by his attorney, but the de
fendant,
not but makes default, wherefore, on motion of plaintiffs
attorney, it is ordered by the Court that the petition be taken against him as confessed.
Default.
Now at this day come the plaintiffs, by their attorney, but the
defendant, although duly summoned and called, comes not
but makes default, wherefore, on motion of the plaintiffs attorney
it is ordered by the Court that the petition herein be taken
against him as confessed.
Default.
Now at this day come the plaintiffs, by her attorney,
but the defendant, although duly summoned and
called, comes not but makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the Court that the petition herein
be taken against him as confessed.
Default.
Now at this day comes the plaintiff, by his attorney,
but the defendant, although duly summoned and
called, comes not but makes default, wherefore,
on motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against him as confessed.
Default.
Now at this day comes the plaintiff, by his attorney, but
the defendant, although duly summoned and
called, comes not but makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against him as confessed.
Default.
Now at this day comes the plaintiff, by his attorney, but
the defendant, although duly summoned and called,
comes not but makes default, wherefore, on motion of
the said plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against him as confessed.
Default.
Now at this day comes the plaintiff, by her attorney,
but the defendant although duly summoned and
called, comes not but makes default, wherefore, on
motion of plaintiffs attorney, it is ordered by the Court that the petition herein be
taken against him as confessed.
Default.
Now at this day comes the plaintiff, by his attorney, but
the defendant, although duly summoned and called,
comes not but makes default, wherefore, on motion of
plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against him as confessed.
Dismissal.
By Consent of parties ordered by the Court that
this suit be dismissed at the costs of the defen
dants and that execution issue.
Dismissal.
On motion of the plaintiffs attorney, it is ordered by the Court
that this suit be dismissed at the costs of the said plaintiffs,
and that execution issue therefor
Garns discharged.
The plaintiffs having failed to file interrogatories
within the time prescribed by law so to do, it is
on motion of the garnishee by his attorney ordered by
the Court that he be discharged hence at the costs
of the plaintiff and that execution issue therefor. Five dollars allowed garnishee.
Order of Publication. Attachment.
It appearing to the satisfaction of the Court,
that the defendants cannot be summoned
herein, it is, therefore, on motion of plaintiffs
attorney, ordered that they be notified that a
civil action has been commenced against them founded on an account for the sum
of two hundred and seventy three dollars and eighty two cents, for goods wares and
merchandise sold and delivered by the plaintiffs to the defendants; and that their
property has been attached and unless they be and appear at the next term of this
Court to be begun and held at the City of St Louis, within and for the County of St
Louis on the fourth Monday of February next, and on or before the third day thereof
answer the plaintiffs petition, judgment will be rendered against them and their
property sold to satisfy the same. It is further ordered that a copy hereof be pub
lished, according to law, in the Missouri Democrat, a newspaper printed and
published in the City of St Louis.
Ten days additional time give to answer.
Dismissal. Default.
Now at this day comes the plaintiff, by his attorney, but
the defendant,
called, comes not but makes default, wherefore, on motion
of plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against him as confessed.
Time for answering extended to
motion of the defendant.
Garns discharged.
The plaintiffs having failed to file interrogatories within
the time required by law as to do, it is on motion of
the garnishee, by attorney, ordered by the Court that it
be discharged hence at the costs of the plaintiffs and
that execution issue thereofor. Five dollars allowed the garnishee for appearing herein.
Default.
Now at this day come the plaintiffs, by their attorney,
but the defendant,
and called, comes not but makes default, wherefore
on motion of plaintiffs attorney, it is ordered by the Court that the petition herein
be taken against him as confessed.
Dismissal.
By consent of parties, it is ordered by the Court that
this suit be dismissed at the costs of the plaintiffs
and that execution issue therefor. The defendant waives
all claim for damages on account of the taking and detention of the property
mentioned in the petition.
Answer and exhibit filed.
Answer of garnishee filed.
The plaintiffs, by their attorney, come a file
a petition, and therefore come the defen
dant and enters this appearance to this
action and waives the issue of process herein;
and by consent of parties it is ordered by the Court that this cause be docketed as
of this term.
Now at this day come again the parties by their respect
tive attorneys, and also the Jury empannelled and
sworn herein, and thereupon the trail of this cause pro
gressed, but, not being finished, is laid over until to morrow morning at ten o clock.
In the matter of Contested Election.
Now at this day come again the parties by their respective attorneys, and the Court
being now of said motion sufficiently advised, doth sustain the same and doth
consider and adjudge that the notice of contest be held for naught and that the proceedings under
the same be dismissed.
Court met pursuant to adjournment. Present as before.
On note.
Now at this day comes the plaintiffs by
his attorney, but the defendants although
duly summoned and called, come not
but make default, wherefore, on motion
of plaintiffs attorney, it is ordered by
the Court the petition herein be
taken against them as confessed. And the Court finds from the instrument
of writing on which this action is founded that the defendants are indebted to the
plaintiff in the sum of twenty one hundred and thirty one dollars and twenty
five cents. It is therefore considered by the Court that the said plaintiff recover
of the said defendants the sum aforesaid in form aforesaid as found and also
his costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiffs by
his attorney, but the defendants, although
duly summoned and called, come not
but make default, wherefore, on motion
of plaintiffs attorney, it is ordered by the
Court the petition herein be taken
against them as confessed. And the Court finds from the instrument of writing
on which this action is founded that the defendants are indebted to the plaintiff
in the sum of Eleven hundred and eighty nine dollars and fifty three cents. It is
therefore considered by the Court that the said plaintiff recover of the said defen
dants the sum aforesaid in form aforesaid as found and his costs herein expended
and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, and
dismisses this suit as to the
defendants,
and called, come not but make default, wherefore, on
motion of plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against them as confessed. And the Court
finds from the instrument of writing on which this action is founded that the
defendants,
hundred and seventy dollars and eighty cents. It is therefore considered by the
Court that the said plaintiff recover of the said defendants the sum aforesaid
in form aforesaid as found and his costs herein expended and have execution therefor.
Default.
Now at this day comes the plaintiff, by his attorney,
but the defendants although duly summoned and
called, comes not but makes default, wherefore, on mo
of the said plaintiffs attorney, it is ordered by the Court that the petition
herein be taken against the said defendant as confessed.
On note.
Now at this day comes the plaintiff, by his attorney, but
the defendants, although duly summoned and called,
come not, but make default, wherefore, on motion of
the plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against them as confessed.
And the Court finds from the instrument of writing on
which this action is founded that the defendants are indebted to the plaintiffs
in the sum of Seven hundred and eight dollars and eighty five cents. It is
therefore considered by the Court that the said plaintiffs recover of the said defen
dants the sum aforesaid in form aforesaid as found and their costs herein ex
pended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendants, although duly summoned and
called, come not, but make default, wherefore,
on motion of the plaintiffs attorney, it is ordered by the
Court that the petition herein be taken against
them as confessed. And the Court finds from the instrument of writing on
which this action is founded that the defendants are indebted to the plaintiffs
in the sum of two hundred and ninety three dollars and forty cents. It is therefore
considered by the Court that the said plaintiff recover of the said defendants
the sum aforesaid in form aforesaid as found and his costs herein expended
and have execution therefor.
On note.
Now at this day come the parties by their
respective attorneys and consent and
agree that judgment may be rendered
against the defendants in favor of the
plaintiffs for the sum of Seven hundred and seventy three dollars and seventy six
cents. It is therefore considered by the Court that the said plaintiffs recover of the
said defendants the sum aforesaid as agreed also their costs herein ex
pended and have execution therefor.
On note.
Now at this day come the plaintiffs, by their attorney,
but the defendants, although duly notified and
called, come not, but make default, wherefore, on
motion of the plaintiffs attorney, it is ordered by the Court
that the petition herein be taken against them as con
fessed. And the Court finds from the instrument
of writing on which this action is founded that the defendants are indebted to
the plaintiffs in the sum of two hundred and ninety one dollars and sixty nine
cents. It is therefore considered by the Court that the plaintiff recover of the said
defendants the sum aforesaid in form aforesaid as found and their costs herein
expended and have execution therefor against the property attached at the
commencement of suit.
On note.
Now at this day come the plaintiff, by their attorney,
but the defendant, although duly notefied and called,
come not but make default, wherefore, on motion of
plaintiff attoney, it is ordered by the Court that the
petition herein be taken against them as confused.
And the Court find from the instrument of writing
on which this action is founded that the defendant are indebted to the plaintiff
in the sum of fourteen hundred and twenty dollar and ninty five cent. It is
thefore considered by the Court that the said plaintiff recover of the said defen
dant the sum aforesaid in four aforesaid as found and their cent herein expen
ded and have execution therefore against the property attached at the commonce
ment of this suit.
Default.
Now at this day come the plaintiff by his attorney but
the defendant, although duly summonned and called,
come not but made default, wherefore, on motion of
plaintiff attorney, it is ordered by the Court that the petition herein be taken
against him as confessed.
Now at this day come the palintiff
by their attorney,
suit as to the defendant,
M Dowell
although duly summoned and called, come not but make default, wherefore, on
motion of plaintiff atoorney, is is ordered by the Court that the petition herein be
taken against thim confused: and the Court find from the instrument of writing
on which this action is founded that that the defendant is indebted to the plaintiff
in the sum of thirty five hundred and fifty three dollar and eighty four cent. It is
therefore considered by the Court that the said plaintiff recover of the said defen
dant,
cost herein and have execution therefor.
On note.
Now at this day come the palintiff by
their attorney and dismiss this suit as
to the defendant,
E Sell
defendant,
summoned and called, come not but
make default, wherefore, on motion of plaintiff attorney, it is ordered by the
Court that the petition herein be taken gainst them as confessed: and the
Court ind from the instrument of writing on which this action is founded that the
defendant are indebted to the plaintiff in the sum of five hundred and fifty one dol
lar and seventy cent. It is there considered by the Court that the palintiff recover
of the said defendant the sum aforesaid in form aforesaid as found and also ten
cent and charge herein expended and have excution therefor.
On note
Now at this day come the palintiff by its attorney
but the defendant although duly summoned and
called, come not but make default, wherefore, on
motion of palintiff attorney, it is ordered by the
Court that the petition herein be taken against
them as confused; and the Court find from the instrument of writing on
which this action is founded that the defendant are indebted to the plaintiff in
the sum of nine hundred and fifty dollar and fifty seven cent. It is therefore
considered by the Court that the said palintiff recover of the said defendant
the sum aforesaid as found and also its costs herein expended and have execu
tion therefor.
On note
Now at this day come the palintiff by its attorney, but
the defendant although duly summoned and called,
come not but make default, wherefore, on motion of
palintiff attorney, it is ordered by the Court that the
petition herein be taken against them as confused. And
the Court find from the instrument of writing on which this action is founded that
the defendant are indebted to the plaintiff in the sum of Seventeen hundred and
sixty dollar and forty one cent. It is therefore considered by the Court that the said palin
tiff recover of the said defendant the sum aforesaid as found
and also its costs herein expended and have execution therefor.
On note
Now at this day come the palintiff by its attorney
but the defendant although duly summoned and
called, come not but make default, wherefore, on
motion of palintiff attorney, it is ordered by the
Court that the petition herein be taken against them
as confused: and the Court find from the instrument of writing on which this
action is founded that the defendant are indebted to the plaintiff in the sum of twenty
three hundred and fifty seven dollar. It is therefore considered by the Court that
the said palintiff recover of the said defendants the sum aforesaid in form aforesaid
as found and also its costs herein expended and have execution therefor.
On note
Now at this day come the palintiff by its attorney but
the defendant although duly summoned and called,
come not but make default, wherefore, on motion of
palintiff attorney, it is ordered by the Court that the
petition herein be taken against them as confused: and
the Court find from the instrument of writing on which this action is founded
that the defendant are indebted to the plaintiff in the sum of forty six hundred
and two dollar and thirty tive cent. It is therefore considered by the Court
that the said palintiff recover of the said defendant the sum aforesaid in form
aforesaid as found and also its costs and charges in this behalf expended
and have execution therefor.
Dismissal.
On motion of the plaintiff by its attor
ney, it is ordered by the count that this
suit be dismissal at the costs of the aid
plaintiff and that execution is one therefor.
On note
Now at this day come the palintiff by its attorney but the
dismissed this suit as to the defendant.
but the other defendant, although duly summoned and called,
come not but make default, wherefore on motion of the
palintiff attorney, it is ordered by the Court that the petition
herein be taken against them as confused: and the Court find from the instru
ment of writing on which this action is founded that the defendant
nine dollar and fifty two cent. It is therefore considered by the Court that the
said palintiff recover of the said defendant the sum aforesaid in form aforesaid
as found and also it cost herein expended and have execution therefor.
On note
Now at this day come the palintiff by
their attorney but the defendant although
duly summoned and called, come not
but make default, wherefore on motion
of palintiff attorney, it is ordered by the Court that the petition herein be taken
against them as confused: and the Court find from the instrument of writing
on which this action is founded that the defendant are indebted to the plaintiff
in the sum of five hundred and eighty dollarand forty three cent. It is therefore
considered by the Court that the said palintiff recover of the said defendant
the sum aforesaid in form aforesaid as found and also thier cost herein expended
and have execution therefor.
On note
Now at this day come the palintiff by its attorney,
but the defendant although duly summoned and
called, come not but make default, wherefore on mo
tion of palintiff attorney, it is ordered by the Court
that the petition herein be taken against them as con
fussed: and the Court find from the instrument of writing on which this action
is founded that the defendant are indebted to the plaintiff in the sum of two hun
dred and ninty three dollar and eighty cent. It is therefore considered by the Court
that the said palintiff recover of the said defendant the sum aforesaid in form
aforesaid as found and also thier cost herein expended and have execution therefor.
On Bill of Exchage.
Now at this day come the palintiff by thier attorney but
the defendant although duly summoned and called,
come not but make default, wherefore on motion
of palintiff attorney, it is ordered by the
Court that the petition herein be taken against him as confussed: and the Court finds from
the instrument of writing on which this action is founded that the defendant is
are indebted to the plaintiff in the sum of two hundred and eighty dollar and twenty
four cents. It is therefore considered by the Court that the said palintiff recover
of the said defendant the sum aforesaid in form aforesaid as found and also their costs
and charges herein expended and have execution therefor.
On note
Now at this day come the palintiff by its attorney,
but the defendant although duly summoned and called,
come not but make default, wherefore on motion of the
palintiff attorney, it is ordered by the Court that the petition
herein be taken against them as confussed: and the Court find from the instru
ment of writing on which this action is founded that the defendant are indebted to the
plaintiff in the sum of nine hundred and eighty dollar and seventy eight cent. It
is therefore considered by the Court that the said palintiff recover of the said
defendant the sum aforesaid as found and also their cost herein expended
and have execution therefor.
On note
Now at this day come the palintiff by its attorney,
but the defendant, although duly summoned and called,
come not but make default, wherefore on motion of
palintiff attorney, it is ordered by the Court that the peti
tion herein be taken against them as confussed: and the Court find from the
instrument of writing on which this action is founded that the defendant are in
debted to the plaintiff in the sum of ten hundred and ninty seven dollar and twenty
cent. It is therefore considered by the Court that the said palintiff recover of the
said defendant the sum aforesaid in form aforesaid as found and his cost herein expended and
have execution therefor.
On note
Now at this day come the palintiff by its attorney, but
the defendant although duly summoned and called,
come not but make default, wherefore on motion of
palintiff attorney, it is ordered by the Court that the
petition herein be taken against them as confussed: and the Court find from the
instrument of writing on which this action is founded that the defendant are indebted
to the plaintiff in the sum of ten hundred and eighty dollar and ten cen. It is
therefore considered by the Court that the said palintiff recover of the said defendant
the sum aforesaid in form aforesaid as found and his cost herein expended and have execution therefor.
On note
Now at this day come the plaintiff by its attorney, but
the defendant although duly summoned and called,
come not but make default, wherefore on motion of the
palintiff attorney, it is ordered by the Court that the peti
tion herein be taken against them as confussed: and the Court find from the instru
ment of writing on which this action is founded that the defendant are indebted to
the plaintiff in the sum of two hundred and sixty seven dollar and eighty five cent.
It is therefore considered by the Court that the said palintiff recover of the said defen
defendant the sum aforesaid in form aforesaid as found and also her cost herein expended and have
execution therefor.
On note
Now at this day come the palintiff by its attorney but the defen
dant although duly summoned and called, come not but make
default, wherefore on motion of palintiff attorney, it is ordered by
the Court that the petition herein be taken against them as confussed: and the Court
find from the instrument of writing on which this action is founded that the defen
dant are indebted to the plaintiff in the sum of two hundred and seventy eight dol
lar and fifty cent. It is therefore considered by the Court that the said palintiff
recover of the said defendant the sum aforesaid in form aforesaid as found and her cost herein ex
pended and have execution therefor.
On note
Now at this day come the palintiff by its attorney but the defen
dant although duly summoned and called, come not but
make default, wherefore on motion of palintiff attorney, it is
ordered by the Court that the petition herein be taken against them as confussed: and
the Court find from the instrument of writing on which this action is founded that
the defendant are indebted to the plaintiff in the sum of four hundred and seventy dol
lar and sixty five cent. It is therefore considered by the Court that the said palintiff
recover of the said defendant the sum aforesaid in form aforesaid as found and also her
cost herein expended and have execution therefor.
On note
Now at this day come the palintiff by its attorney but the
defendant although duly summoned and called, come not
but make default, wherefore on motion of palintiff attorney, it
is ordered by the Court that the petition herein be taken against
them as confussed: and the Court find from the instrument of writing on which
this action is founded that the defendant are indebted to the plaintiff in the sum of
two thousand five hundred and seventeen dollar and twenty cent. It is therefore
considered by the Court that the said palintiff recover of the said defendant the sum
aforesaid in form aforesaid as found and her cost herein expended and have execution therefor.
On note
Now at this day come the palintiff by their
attorney but the defendant although duly sum
moned and called, come not but make default
wherefore, on motion of palintiff attorney, it
is ordered by the Court that the petition herein be taken against them as confussed:
and the Court find from the instrument of writing on which this action is founded
that the defendant are indebted to the plaintiff in the sum of two hundred and three
dollar and sixty cent. It is therefore considered by the Court that the said palintiff
recover of the said defendant the sum aforesaid in form aforesaid as found, and
their cost herein expended and have execution therefor.
Now at this day come the palintiff by its attorney, but
the defendant although duly summoned and called,
come not but make default, wherefore on motion of
palintiff attorney, it is ordered by the Court that the
petition herein be taken against them as confussed. And
the Court find from the instrument of writing on which this action is founded
that the defendant are indebted to the plaintiff in the sum of twelve hundred and
seventy three dollar and eighty three cent. It is therefore considered by the Court
that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid
as found and also it cost herein expended and have execution therefor.
Now at this day come the palintiff
by thier attorney, and dismiss their suit
as to the defendant,
but the defendant
although duly summoned and called, come not but make default, wherefore
on motion of palintiff attorney, it is ordered by the Court that the petition herein
be taken against them as confussed. And the Court find from the instrument of
writing on which this action is founded that the defendant
indebted to the plaintiff in the sum of eight hundred and ninty six dollar
and ten cent. It is therefore considered by the Court that the said palintiff recover of
the said defendant the sum aforesaid in form aforesaid as found and also their cost and charges
herein expended and have execution therefor.
On motion of plaintiff by their attorney, it
is ordered by the Court that an alias writ
is one herein for the defendant,
and
turn of this Court.
Default.
Now at this day come the palintiff by her attorney, but the de
fendant although duly summoned and called, come not but
make default, wherefore on motion of palintiff attorney, it is ordered
by the Court that the petition herein be taken against him as confussed.
Now at this day come the parties, by their respective at
ttorney and consert and agree that judgment may
be rendered against the defendant and in favor of the
plaintiff fo the sum of two hundred and fifty six dollar
and eighty four cent. It is therefore considered by the Court that the said palintiff re
cover of the said defendant the sum aforesaid as agreed upon and that execution
issue therfor. By consert of parties execution is stayed till fict of January next.
Motion to strike out part of answer filed.
Dismissed Default.
Now at this day come the palintiff by its attorney,
but the dismise this suit as to the defendant,
but the defendant,
summoned and called, come not but make default,
wherefore on motion of palintiff attorney, it is ordered
by the Court that the petition herein be taken against
them as confussed
Answer filed
Answer filed.
Assended answer of
Trial Progrecess.
Now at this day come again the parties and also the
Jury empanmilled and suon herein and thereupon the
trial of this cause progressed but not being concluded
at the hour of adjournament is laid over until to morrow morning.
Garnishess discharged.
On motion of the palintiff, by his attorney, it is ordered
by the Court that the said garnishess be discharged hance
at the cost of said palaintiff and that execution is
sue therefor.
Court met pursuant to adhjournament. Present as before.
Dismissed.
Now at his day come tha plaintff by his attoeney, and
on his motion, it is ordered by the Court that this suit be
dismissed at the cost of said palintiff and that execution
herein therefor.
Dismissed.
On motion of plaintiff attorney, it is ordered by the Court
that this suit be dismissed at the cost of said plaintiff
and that execution issue therefor.
On note
Now at this day come the palin
tiff by its attorney but the defen
dant although duly nitified and
called, come not but make default,
wherefore on motion of palintiff attorney, it is ordered by the Court that the petition
herein be taken against them as confussed: and the Court find from the instru
ment of writing on which this action is founded that the defendant are indebted
to the plaintiff in the sum of One hundred and thirt dollar and ninty seven
cent. It is therefore considered by the Court that the said palintiff recover of the said
defendant the sum aforesaid in form aforesaid as found and their cost herein expended and
have execution therefor.
Order of Publication Attachment.
It appearing to the satisfaction of the
Court that the defendant ...
cannot be summoned herein it is ordered
that he be notified that a civil action
has been commenced against him for
the sum of eleven hundred and fifty seven dollar and thirty six cent on account
of good, ware and merchandise, sold and delivered by the plaintiff to the defen
dants; and that his property has been attached, and unless he be and appear at
the next term of this Court to be begun and held at the City of StLouis within
and for the Court of StLouis, on the fourth monday of February next, and on
or before the third day thereof answer of plaintiff petition, judgement will beren
deid against him and his property sold to satisfy the same. It is further or
dered that a copy here ofbe published, according to law, in the Missouri Demount
a newspaper printed and published in the City of StLouis
Answer filed by leave of Court.
Exception to fourth interogatory filed
Order fo Publication, Attachment.
It appeating to the satisfaction of the Court that the defendant
cannot be summoned herein, it is, therefore, on motion of plain
tiff attorney, ordered that the be notified that a civil action has
been commenced against herein for the sum of six hundred and sixteen dollar and
three cent founded on a promisory note executed by the degendant to the plaintiff
and also in an account for good ware and much and is sold and dilivered to the
defendant by the plaintiff; and that his property has been attached, and unless he
he and appear at the next term of this Court to be begun and held at the City
of StLouis within and for the Court of StLouis, onn the founrth Monday of Fubry
arty next, and on or before the third day there of answer the plaintiff petition judgement
will be rendered against him and his property sold to satisfy the same. It is fur
ther ordered that a copy here of be published, according to law, in the Missouri
Democrat, a newspaper printed and published in the City of StLouis.
Default.
Now at this come the plaintiff, by their
attorney, by the defendant although duly summoned
and called, come not but make default, wherefore,
on motion of plaintiff attorney, it is ordered by the Court that the petition herin be
taken against him as confussed.
Dafault.
Now at this day come the palintiff by its attorney, but the
defendant although duly summoned and called, come
not but make default, wherefore on motion of palintiff
attorney, it is ordered by the Court that the petition herein be taken against him as
confussed.
Default.
Now at this day come the palintiff by its attorney, but
the defendant although duly summoned and called, come
not but make default, wherefore on motion of palintiff
attorney, it is ordered by the Court that the petition herein
be taken against him as confussed.
Default.
Now at this day come the palintiff by its attorney, but
the defendant although duly summoned and called,
come not but make default, wherefore on motion of
palintiff attorney, it is ordered by the Court that the petition herein be taken
against him as confussed.
Order of Injuction.
On reading and filing the petition and on motion said
palintiff, by their attorney, it is ordered by the Court that
the defendant to and his sewant agent and atoorney are
hereby enjoined and restrained from tearin down and re
moring the fence and and ficture as in the petition is described and moreparticularly
set forth. The palintiff file a bond conditioned according to law which is approved by the Court.
On motion of defendant, by their attorney, is is ordered by the
Court that the time for pleading extended five days
Default.
Now at this day come the palintiff by his at
torney, but the defendant although duly sum
moned and called, come not but make de
fault, wherefore on motion of the palintiff attorney, it is ordered by the Court that the
petition herein be taken against them as confussed.
Default.
Now at this day come the palintiff by his
attorney, but the defendant although duly sum
moned and called, come not but make
default, wherefore on motion of said attorney, it is ordered by the Court that the
petition herein be taken against them as confussed.
Reply filed.
Answer filed.
Interogation to garnishee and answer of garni
shee filed.
Dismissed
By convert of parties; it is ordere by the Court that
this suit be dismissed at the cent of the plaintiff
and that execution issue therfor. The defendant waive
all calim for damages on account of the takin and detention of the property.
On note.
Now at this day come the palintiff
by its attorney, but the defendant al
though duly summoned and called,
come not but make default, wherefore
on motion of the palintiff attorney, it is ordered by the Court that the petition herein
be taken against them as confussed: and the Court find from the instrument of
writing on which this action is founded that the defendant are indebted to the
plaintiff in the sum of two hundred and twenty six dollar and thirty seven cents.
It is therefore considered by the Court that the said palintiff recover of the said
defendant the sum aforesaid as found and also their cost herein expended and have ex
ecution therefor.
By leave of Court defendant with draw the release
made by
takin deposition to be used on the trial of this cause
Motion for Judgment against Valentire filed.
Answer of
Trial progresses.
Now at this day come gain the parties by their respective
attorney and also the Jury empannelled and suon herein
and thereupon the trial progressed, but not being fanished
but not being finished further peoceeding herein are laid over until to morrwo morning.
Satisfaction acknd.
Plaintiff in proper puson, come and in open
Court acknowledge to thave received full and
until satisfaction of the judgment rendered on
the
Eight hundred and six dollar and twenty five cents.
Court met pursuant to adhournament. Present as before.
late Sheriff of St Louis Courty, come and in open Court
acknowledges the execution by him of a deed to
of all the right, title, interest, claim, estate and property, of
of in and to the followingf described property, to suit: "Lots No 294 and 295 in
Block 306, begining at the South West corner of the bolck reunning Northerly with
the East line of Second Street Sixteen feet four inches, thence Easterly to the alley,
parallel with Palm street, there Southerly with the alley to the outh line of
Palm street, one hundred and sixty feet foure inches, thence with the street to the
Clerk of the St Louis Circuit Court in favor of The St Louis Building and Savings
Institution gainst
On motion of plaintiff attoney it is ordered by
the Court that an alias writ issue herein returnable
to the next term of this Court.
Deeree.
Now at this day come the peti
tion, by their attorney, and
thereupon come also the defendant
and file their answer, and by
concert this caucis is submitted to
the Court upon the pleading and proof, and it appearing to the Court there from
that the real estate and leacehold in the petition f the palintiff described was con
veyed to the said
said
alleged: and it also appearing to the Court that said
parted this life, and that the interests of said petitions, in the monther of said trusts,
requite the appointment of a trustee, in the place of said
ceased, for and in behalf of said trusts with the same rights, power and obligations,
Therefore it is ordered and decreed that
appointed and made trustee, in the palce of said
and in behald of said trusts as is prayed in said petition; and it si further ordered
and decreed that the titles of in and to the said leasehold and real estate in said
petition decribed be rested in and held by the said
content and for the same purpose as the same were rested in and held by the said
late
tion mentioned, and that the said
invectment of the titles of sid leasehold and real estate, have the same rights
and prower, and subject the same duties and abbigation, in every and all respects as
the late said
of said conveyances, and that all and every of the act and doing of the said
on the parties hereto and each of them, their and each of their herein and assign
forever. The said leasehold and real estate is described as follow, to wit: "the follow
ing described premises, the same being a leasehold estate, towit: a certain lot of
ground, with all the inprovement thereon, situated in the City of St Louis and
State of Missowri in Block No sixty four containing nineteen fect and one eighth
of a fact fronting on third stut by one hundred and fifty two but three inches in depth
to an alley, and bounded on the North by preoperty of
alley, South by property of Boyee, and West by third street;" also, "a lot of twenty
five feet in Block number five hundred and forty one of the said City and in
Bolck number twenty one of Christys addition to said City, founded as follows,
commencing at a point on the North line of Morgan street seventy eight feet from the
intersection of Seveteenth and Morgan street, running thence Eastwardly with
said Northern line of Morgan street twenty five feet, thence running Northwardly
paralled with Seventeenth street one hundred and forty four feet and seven inches
to an alley, thence with the Southern lilne of said alley Westwardly twenty five feet,
and thence Southwardly parallel with Seventeenth street to the begining, bounded
or the South by Morgan Steet. East by lot of
alley and on the West by lot of
off
of this proceeding.
On note.
Now at this day come the palintiff by its attorney, but the
defendant although duly summoned and called, come not
but make default, wherefore on motion of the palintiff attorney,
it is ordered by the Court that the petition herein be taken against them as confussed:
and the Court find from the instrument of writing on which this action is founded
that the defendant is founded that the defendant is indebted to the plaintiff in
the sum of Eleven hundred and five dollar. It is therefore considered by the Court
that the said plaintiff recover of the said defendant the sum aforesaid in form
aforesaid as found and his cost herein expended and have execution therefor.
Default.
Now at this day come the palintiff by their
attorney, but the defendant although duly
summoned and called, come not but make
default, wherefore on motion of the plaintiff attorney,
it is ordered by the Court that the petition
herein be taken against them as confussed.
Default.
Now at this day come the palintiff by its attorney,
but the defendant although duly summoned and called,
come not but make default, wherefore on motion of
said attorney it is ordered by the Court that the petition herein be taken gainst
the said defendant as confessed.
Desmissed.
Now at this day cause being called for trial and the
plaintiff failing to appear and procecute the same it is ordered
by the Court that this suit be dismissed at the cost ordered
plaintiff and that execution issue therefor.
Dissmiseal.
Now at this day cause being called for trial and the
plaintiff failing to appear and prosecute this action it is ordered by the
Court that this suit be dismissed at the cost said plaintiff and
that execution issue therefor.
Dismiseal.
Now at this day cause being called for trial and the
plaintiff failing to appear and prosecute the same, on motion
of the defendant attorney, it is ordered that this suit be
dismissed at the cost of said plaintiff and that execution issue therefor.
Default
Now at this day come the palintiff by its attorney, but the
defendant although duly summoned and called, come not but
make default, wherefore on motion of the palintiff attorney, it is ordered
by the Court that the petition herein be taken against them as confessed.
Deafult.
Now at this day come the plaintiff, by her attorney, but the defen
dant, although duly summoned and called come not but make
default, wherefore on motion of said plaintiff attorney, it is ordered
by the Court that the petetion herein be taken against him as confessed.
On motion of the plaintiff, by his attorney, it is ordered
that an alias Writ issue herein returnable to the next
term of this Court
On motion of the plaintiff, by his attorney, it is ordered
by the Court that an alias Writ issue herein returnable to the next
term of this Court
Plaintiff by his attorney, come and in open Court acknowledge
to have received full and entire satisfaction of the judgment
rendered herein on the
the sum of five hundred dollar.
Ordered that a dedionus issue to New York on the
part of the defendants.
Ordered that a determines issue to Illinois on part of plaintiff
Reply filed.
Continued on affidavit at defendant cost.
Continued, Leave guien plaintiff to file an amen
ded petition.
Satisfaction.
Plaintiff, by his attorney, come and in open Court ack
nowledge to have rucured full and entire satisfaction of
the judgment rendered herein on the
1858
dollar, and authorige the entry off satisfaction thereof.
answer filed.
answer filed
arrended answer filed.
Garnishee discharged.
On motion of the palintiff, by their attorney, it
is ordered by the Court that the garnishee be
discharged at the cost of the said plaintiff
and that execution issue therefor.
Now at this day coem again the perties by their respective
attorney and also the Jury empannelled and swom herein,
and thereupon the trial of this cause progressed but not
being finished at the hour of adjournament is laid over until to morrow morning.
Judgment on Forth Bond.
Now at this day come the plaintiff, by their
attorney, and move the Court to render judg
ment in their fovor against
more
appearing to the Court that the Sheriff on the
dred and fifty seven
security, agreeably to law, and that plaintiff heretofore, towit: on the twenty
April eighteen hundred and fifty eight
against the said ....
dred and ninty five dollar and ninty three cent, and that execution was issued on said..
judgment and duly returned by the Sheriff with his return of no property found endorsed
thereon, and that in pursuance of an order herefore made by this Court the Sherifff duly
assigned said forthcoming bond to the plaintiff and that the value of the propery for the
forthcoming of which said bond was given is Six hundred and thirteen dollar and sixty
three cent and that the amount due an said execution is Six hundred and thirty two
dollar and forty eitht cent, therefore it is concidered by the Court that the plaintiff re
cover of said
Six hundred and thirteen dollar and sixty three cent together with their cost in the
original suit and in this proceeding expended and have execution therefor.
Court met purseuant to adhournament Present as before.
Dismissed.
Now at this day come the plaintiff, by their attorney, and
on their motion it is ordred by the Court that this suit be
dismissed at the cost of the said palintiff and that
execution issue therefor.
On note
Now at this day come the plaintiff, by their attorney, but the defen
dant, although duly summoned and called, come not but
make dafault, wherefore, on motion of plaintiff attorney, it is
ordred by the Court that the petition herein be taken against him as confessed:
and the Court find from the instrument of writing on which this action is
founded that the defendant is indebted to the plaintiff in the sum of two hun
dred and sixty six dollar and ten cent. It is therefore considered by the Court
that the said palintiff recover of the said defendant the sum aforesaid in form
of aforesaid as found and his cost herein expended and have execution therefor.
Now at this day come the plaintiff, by
their attorney, but the defendant, although
duly summoned and called, come not but
make dafault, wherefore, on motion of the
plaintiff attorney, it is ordred by the Court that the petition herein be taken against
them as confessed: and the Court find from the instrument of writing on which
this action is founded that the defendant is indebted to the plaintiff in the sum
of four hundred and five dollar and forty four cent. It is therefore considered
by the Court that the said palintiff recover of the said defendant the sum
aforesaid as found and their cost herein expended and have execution therefor.
Now at this day come again the parties by their respec
tive atoorney, and the Jury emparnelled and swam herein
and therefor the trial of this cause progressed and being
finished the Jury retire to consider of their vardict.
Continued on affidavit at defendat costs.
Me for security fot cost filed.
Answer of
Bill of Exception filed.
On note
Now at this day comes the plaintiff, by his attorney, but the
defendant, although duly notified and called, comes not but
makes dafault, wherefore, on motion of plaintiffs attorney, it is
ordred by the Court that the petition herein be taken against him as confessed: and
the Court finds from the instrument of writing on which this action is founded that
the defendant is indebted to the plaintiff in the sum of five hundred and three
dollars and twenty eight cents. It is therefore considered by the Court that the said
palintiff recover of the said defendant the sum aforesaid in form of aforesaid as
found and also his costs in this suit expended and have execution
therefor. against the property attached at the commencement of this suit.
On petition of
ordered by the Count that a writ of
herein directed to
County, commanding him to have the body of said petitioner before this Court on
to morrow morning at ten O'clock.
The plaintiffs, by their attorney, come and in open Court
acknowledges to have received full and entire satisfaction
of the judgement for the sum of two hundred and fifty
three dollars and seventy four cents, rendered herein on the
Garnishment. Judgment.
Now at this day come as well the said plaintiff as the
said garnishees, and it appearing to the Court from the
answer of said garnishees that at the time they were sum
moned herein as such they had in their possesion belong
ing to the original defendant the sum of two hundred
and eighty three dollars and eighty seven cents. It is therefore considered by the
Court that said plaintiff recover of the said garnishees the sum aforsaid as
confessed and that out of said sum he pay the costs as weel of the original procee
dings as of this and have execution therefor.
Dismissal.
On motion of plaintiffs by their attorney, it is ordered
by the Court that this suit be dismissed at the costs of
said plaintiffs and that execution issued therefor.
Dismissal.
On motion of the plaintiffs attorney it is
ordered by the Court that this suit be dis
missed and the garnishees summoned herein
discharged at the cost of the said plaintiff and that execution issue therefor.
Bill of Exchange withdrawn by leave of Court.
Dismissal.
On motion of plaintiff by their
attorney, it is ordered by the Court
that this suit be dismissed at
the cost of said plaintiff and that execution issue therefor. Exhibit withdrawn
by leave of Court.
answer filed.
answer filed.
Reply to Offset filed.
Interplea filed.
Trial.
Now at this day come the defendant and files an amended
answer herein and the plaintiff come and file a motion to
strike out parts of said amended answer, and the Court
having duly heard and considered said motion and being
thereof fully advised, doth overuled the same; and thereupon come also a Jury, to writ
and swan the issues herein joined well and truly to try the trial progressed and
being finished the Jury retue to consider of theri verdict.
Trial.
Now at this day come the parties, by
their respective attorney, and thereupon
come also a Jury, towit:
twelve good and lawfull men, who being duly elected, tried and suan the issue
herein joined well and truly to by the trial progressed but not being finished at the
hour of adjournament further proceedings are laid ova until tomorrow morning.
Court met pursuant to adjournament present as before.
Habeas Corpees.
Now at this day come
with the body of sadi
Corpees
Court bere, after an examination of the matter herein doth order that said
be remanded to the custody of the Sheriff of St Louis County and the said Sheriff
in hereby commanded to thake the said
County of St Louis for an examination of the charge against him for an atttempt
to commit a rape that being the offence for which he the said
detained in custody.
Order of Publication Attachemnt.
It appearing to the satisfaction of the Court
that the defendant,
Elifritg
herein, it is therefor on motion of plaintiff
attorney, ordered that they be notified that a civil action has been commenced
agaomst them founded on a fill of exchange for the sum of thirty three hundred
and eighty two dollar and fifteen cent drawn by
bury
they be and appear at the next term of this Court to be begun and held at the City of
St Louis, within and for the County of StLouis on the fourth Monday of February
next and on or before the third day therof answer the plaintiff petition judgment
will be rendered against them and theri property sold to saticfy the same. It is
further ordered that a copy hereof be published, according to law, in the StLouis Evening
News, a newspaper printed and published in the City of StLouis.
On note.
Now at this day come the plaintiff by his attorney and the plaintiff
having failed to file an anser within the time allowed him as to do
therefore, on motion of said plaintiff attorney, it is ordered by the
Court that the petition herein be taken gainst the said defendant as confessed: and
the Court find from the instrument of writing on which this action is founded that the
defendant is indebted to the plaintiff in the sum of Six thousand five hundred and
eighty four dollar and eighty eight cent. It is therefore considered by the Court that
the said plaintiff recover of the said defendant the sum aofresaid as found and his
cost herein expended and have execution therfor. Judgement to bear ten per cent interest.
On note.
Now at this day come the plaintiff, by its attorney, but the
defendant, although duly summoned and called, come
not but make dafault, wherefore, on motion of plaintiff
attorney, it is ordred by the Court that the petition herein be
taken against him as confessed: and the Court find from the instrument of writing on which
this action is founded that the defendant is indebted to the plaintiff in the sum of two five
hundred and fifty two dollar and sixty six cent. It is therefore considered by the Court that the said
palintiff recover of the said defendant the sum aforesaid as found and have execution therefor.
On note.
Now at this day come the parties, by their respiective
attorney, and submit the motion herein to dismiss
this suit to the Court and the Court being fully,
advised of and concerning the same, doth order that
said motion be overuled; and the defendant failing
to answer herein, on motion of plaintiff attorney, it is ordred by the Court that the
petition herein be taken against them as confessed: and the Court find from the
instrument of writing on which this action is founded that the defendant are in
debted to the plaintiff in the sum of Six hundred and forty one dollar and seventy
two cent. It is therefore considered by the Court that the palintiff recover of the said
defendant the sum aforesaid in form aforesaid as found and their cost herein
expended and have execution therefor.
On note.
Now at this day come the plaintiff, by his attorney, but the
defendant, having failed to file an answer within the time
alloved as to do, on motion said attorney for the palintiff, it
is ordred by the Court that the petition herein be taken against
the said defendant as confessed: And the Court find from the instrument of
writing on which this action is founded that the defendant is indebted to the plain
tiff in the sum of Six thousand five hundred and eighty four dollar and eighty
eight cent. It is therefore considered by the Court that the palintiff recover of the
said defendant the sum aforesaid as found and his cost herein expended and have
execution therefor. Judgment to bear ten per cent interest until paid.
On note.
Now at this day come the plaintiff, by his attorney, but the
defendant, although duly summoned and called, come
not but make default, wherefore on motion of plaintiff
attorney, it is ordred by the Court that the petition herein be
be taken against them as confessed: and the Court find from
the instrument of writing on which this action is founded that the defendant are indebt
ed to the plaintiff in the sum of four hundred and thirty dollar. It is therefore,
considered by the Court that the palintiff recover of the said defendant the
sum aforesaid as found and his cost herein expended and have execution therefor.
On note.
Now at this day come the parties, by their attorney,
and consert and agree that judgment may be rendered
against the defendant in favor of the plaintiff for the
sum of five hundred and seventy six dollar and forty
five cent. It is therefore considered by the Court that the
palintiff recover of the said defendant the sum aforesaid
as agreed upon and its cost herein expended and have
execution therefor.
answer filed.
Alias Writ ordered.
On note.
Now at this day comes the plaintiff by their attorney but
the defendants although duly summoned and called comes
not but make default, wherefore on motion of the plaintiffs
attorney, it is ordered by the Court that the petition herein be
taken against him as confessed: And the Court finds
from the instrument of writing on which this action is founded that the defen
dants is indebted to the plaintiffs in the sum of four hundred and thirty eight
dollars and fifty two cents. It is therefore considered by the Court that the plaintiffs
recover of the said defendant the sum aforesaid in form aforesaid as found and
their costs and charges herein expended and have execution therefor.
Mistual. Jury discharged.
Now at this day come again the parties, by their attorneys,
and therefore come also the Jury empanelled and sworn
herein, and, upon their oaths, say they cannot agree upon a
verdict; wherefore it is ordered by the Court that the Jury be discharged and this cause
continued to the next term of the Court.
Default
Now at this day comes the plaintiff, by his attorney, but the
defendant,
called, comes not but makes default, wherefore, on motion
of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken
against him as confessed. Alias Writ ordered for the defendant,
Appearance entered.
Now at this day comes the defendant,
Hart
his appearance to this action.
Default.
Now at this day comes the plaintiff, by her attorney, but the
defendant although duly summoned and called, comes not
but makes default, wherefore, on motion of plaintiff, by her
attorney, it is ordered by the Court that the petition herein be taken against him
as confessed.
Ten days given plaintiff to reply to answer.
Ten days given plaintiff to reply to answer.
It is ordered by the Court that this cause be set for
trail on Monday next.
Verdict for defendant.
Now at this day come again the parties, by their respective
attorneys, and the Jury empanelled and sworn herein also
come, and the Jury aforesaid, upon their oaths aforesaid find
the issues herein joined in favor of the defendant. It is
therefore considered by the Court that the plaintiffs take nothing by their suit in this
behalf, but that the defendant go hence without day and recover of the said plain
tiffs his costs herein expended and have execution therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by
the Court that this suit be dismissed at the costs of the
said plaintiff and that execution issue therefor.
Dismissal.
On motion of the plaintiffs attorney, it is
ordered by the Court that this suit be dismissed
at the costs of the said plaintiffs and
that execution issue therefor.
Demurrer filed.
Demurrer filed.
Trail finished verdict.
Now at this day come again the
parties, by their respective attorneys, and
the Jury, empanelled and sworn
herein, also come, and thereupon the
trail of this cause progressed and being finished the Jury aforesaid upon their oaths
aforesaid find for the plaintiffs and assess their damages at the sum of Seven hun
dred and fifty seven dollars and thirty eight cents. It is therefore considered by the
Court that the plaintiffs recover of the said defendants the sum aforesaid in form afore
said as apessed and their costs in this behalf expended and have execution therefor.
Motion to strike out answer filed.
The defendants file a motion to set aside the default
herein and the Court having duly heard and considered
said motion doth order that the same be sustained and
that said default be set aside and for nought held.
Now at this day comes the plaintiff, by his attorney, and
confesses and admits the truth of the demurrer herein,
and by leave of Court files an amended petition herein.
Dismissal.
By consent of parties, it is ordered by the Court that this suit
be dismissed, and the attachment dissolved and rendered null
and void and the garnishee herein,
at the costs of said plaintiff and that execution issue therefor. The defendant waiver
all claim for damages under the attachment bond herein, and on account of the
attachment. Ten dollars is allowed the said garnishee for answering herein.
Motion for Judgment.
Now come
Court to render judgment in his favor against said
Mason
dered in this Court against said Hall and Mason in favor of the Bank of the State
of Missouri, on the
forty five dollars and fifty eight cents, and that the liability on which said judgment was
obtained grew out of a certain bond executed by said Masonas principal and said
as security and that the said
judgment and interest thereon amounting to twenty seven dollars and seven cents and costs
amounting to twenty seven dollars and ninety cents, and that the interest thereon from
date of said payment to this date is three dollars and seventy one cents, making in all
the sum of nine hundred and four dollars and twenty six cents, therefore it is con
sidered by the Court that the said
sum of nine hundred and four dollars and twenty six cents together with interest thereon
from this date at ten per cent per annum and his costs herein expended and have execu
tion therefor.
Court met pursuant to adjournment. Present as before.
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the defendant
cannot be summoned herein, it is, therefore, on motion of plain
tiffs attorney, ordered that he be notified that a civil action has
been commenced against him for the sum of one hundred and thirty two dollars and
sixty seven cents for goods wares and merchandise sold and delivered by
and
the plaintiff; and that his property has been attached and unless he be and appear at
the next term of this Court to be begun and held at the City of St Louis within and for
the County of St Louis on the fourth Monday of February next and on or before the
third day thereof answer the plaintiffs petition, judgment will be rendered against
him and his property sold to satisfy the same. It is further ordered that a copy hereof
be published, according to law in the Missouri Democrat, a newspaper printed and
published in the City of St Louis.
Alias Summons ordered for
Default.
Now at this day comes the plaintiff, by his attorney,
but the defendant,
summoned and called, comes not but makes de
fault, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court
that the petition herein be taken against him as confessed.
the defendant,
Order of Publication.
The Sheriff having made return that the defendant,
Watkins
process cannot be saved upon him, therefore, on motion of the
plaintiff, by his attorney, it is ordered that he be notified that
a civil action has been commenced against him founded on a
note for the sum of One hundred and sixty dollars, and that unless he be and
appear at the next term of this Court to be begun and held at the City of St Louis
within and for the County of St Louis on the fourth Monday of February next, and
on or before the third day thereof answer the petition herein the same will be taken
against him as confessed. It is further ordered that a day hereof be published,
according to law, in the Missouri Democrat, a newspaper printed and published
in the City of St Louis.
Now at this day comes the plaintiff, by his attorney, but the
defendants, although duly notified and called, come not but
make default, wherefore, on motion of said attorney for
the plaintiff, it is ordered by the Court that the petition herein
be taken against him as confessed: And the Court finds
from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of twenty five hundred
and thirty three dollars and forty five cents. It is therefore considered by the Court
that the plaintiff recover of the said defendants the sum aforesaid as found and his
costs herein expended and have execution therefor.
On agreement.
Now at this day comes the plaintiff, by its attorney,
but the defendant, although duly summoned and
called, comes not but makes default, wherefore, on
motion of said attorney for the plaintiff, it is ordered
by the Court that the petition herein be taken against him as confessed: And the plain
tiff, waiving a Jury, submits this cause to the Court, upon the petition and proofs,
and the Court, having duly heard and considered the same, doth assess the damages
sustained by reason of the premises in the petition mentioned at the sum of eight hun
dred and sixty six dollars. It is therefore considered by the Court that the plaint
tiff recover of the said defendant the sum aforesaid in form aforesaid in form
aforesaid as found and its costs herein expended and have execution therefor.
comes and enters the appearance of the said de
fendant, and waives the service of process.
versus
panel, without a sufficient excuse, is fined twenty five dollars for contempt of Court.
Judgment set aside. Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the
Court that the judgment rendered herein on the
day of October, 1858
and annulled: and, by consent of parties, it is ordered further by the Court that this
suit be dismissed at the costs of the defendant and that execution issue therefor.
On agreement.
Now at this day comes the plaintiff, by its
attorney, but the defendant, although duly
summoned and called, comes not but makes
default wherefore, on motion of said attorney
for the plaintiff, it is ordered by the Court that the petition herein be taken against
him as confessed: and the plaintiff, waiving a Jury, submits this cause to the Court,
upon the pleadings and proofs, and the Court, having duly heard and considered the
same, doth assess the plaintiffs damages sustained by reason of the premises in
the petition mentioned at the sum of Seven hundred and ninety eight dollars. It
is therefor considered by the Court that the plaintiff recover of the said defendant the
sum aforesaid as found and its costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs by
their attorney, and dismiss this suit as
to the defendant,
the other defendant, although duly sum
moned and called, come not but make default, wherefore, on motion of said
attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken
against the said defendants as confessed: And the Court finds from the instrument
of writing on which this action is founded that the defendants are indebted to the plain
tiffs in the sum three hundred and ninety four dollars and ninety cents. It is therefore
considered by the Court that the plaintiffs recover of the defendants the sum afore
said as found and their costs herein and have execution therefor.
On note.
Now at this day come the plaintiffs by
their attorney, and dismiss this suit as
to the defendant,
other defendants, although duly summoned and
called, come not but make default, wherefore, on motion of said attorney for the
plaintiffs, it is ordered by the Court that the petition herein be taken against them
as confessed: And the Court finds from the instrument of writing on which this
action is founded that the defendants are indebted to the plaintiffs in the sum of
twelve hundred and seventy nine dollars and thirty six cents. It is therefore con
sidered by the Court that the plaintiffs recover of the said defendants
the sum aforesaid in form aforesaid as found and their costs and charges
herein and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
but the defendants having failed to file an answer
herein within the time allowed by the Court for them
so to do, on motion of said attorney for the plaintiff
it is ordered by the Court that the petition herein be taken against them as confessed:
And the Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of thirty eight hundred
and eleven dollars and ten cents. It is therefore considered by the Court that the
said plaintiff recover of the said defendants the sum aforesaid in form aforesaid
as found and also his costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs,
by their attorney, and dismiss this
suit as to the defendant,
but the other defendant, although duly
duly summoned and called, comes not but makes default, wherefore on motion of
the said attorney for the plaintiffs, it is ordered by the Court that the petition herein
be taken against him as confessed: And the Court finds from the instrument of
writing on which this action is founded that the defendant is indebted to the plain
tiffs in the sum of four hundred and sixty two dollars and five cents. It is there
fore considered by the Court that the plaintiffs recover of the said defendant,
O Wheeler
and have execution therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the
Court that this suit be dismissed at the costs of the said plain
tiff and that execution issue therefor.
Default.
Now at this day come the plaintiffs by their attorney, but the
defendant, although duly summoned and called, comes not
but makes default, wherefore, on motion of plaintiffs attorney,
it is ordered by the Court that the petition herein be taken
against him as confessed.
Nonsuit.
Now at this day comes the defendant, by their attor
ney, but the plaintiff, although duly called, comes
not, wherefore, on motion of said attorney for the
defendant, it is ordered that the said plaintiff be
nonsuited. It is therefore considered by the Court that said plaintiff take nothing
by his suit in this behalf but that said defendant go hence without day and recover
of the said plaintiff its costs herein expended and have execution therefor.
Answer filed by leave of Court.
Continued on affidavit at defendants costs.
Proof of Publication. Default.
Now at this day comes the plaintiff, by her attorney, and files
proof, satisfactory to the Court that the order of publication, here
tofore made herein, has been duly published according to law;
but the defendant, although duly notified and called, comes not but makes default,
wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that
the petition herein be taken against him as confessed.
Proof of Publication. Default.
Now at this day comes the plaintiff, by his attorney, and files
proof satisfactory to the Court that the order of publication here
tofore made herein has been duly published according to law
but the defendant, although duly notified and called comes not but makes
default, wherefore on motion of said attorney for the plaintiff, it is ordered by the
Court that the petition herein be taken against her as confessed.
Default.
Now at this day comes the plaintiff, in his own proper person, but
the defendant although duly summoned and called, comes not but
makes default, wherefore, on motion of said plaintiff, it is ordered
by the Court that the petition herein be taken against him as confessed.
Default.
Now at this day comes the plaintiff, by her attor
ney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore,
on motion of said attorney for the plaintiff, it is or
dered by the Court that the petition herein be taken against the said defendant as confessed.
Alias Writ ordered.
Alias writ ordered.
Motion filed to strike out answer and for judgment.
Answer of garnishee filed.
Answer filed.
Depositions for plaintiff
opened and filed.
Motion for order on Sheriff to pay over money
filed.
Answer of Garnishee filed.
Decree of Divorce.
Now at this day comes the plaintiff, by his attorney, and
on his motion, and the defendant having heretofore made
default, the Court proceeds to heav the proof herein, and
having duly heard and considered the same, and being satisfied therefrom of the good
conduct of the plaintiff and that the plaintiff is an innocent and injured party, doth
order adjudge and decree that he be absolutely and forever divorced from the bonds of
matrimony by him contracted with the defendant and be restored to all the nights
and privileges of an unmanied person. It is further ordered that the said plain
tiff pay the costs herein and that execution issue therefor.
Now at this day come the parties, by their respective attorneys,
and waiving a Jury submits, this cause to the Court upon the
pleadings and proofs, and the Court having duly heard and consid
ered the same, doth find for the plaintiff and assess his damages sustained by rea
son of the premises mentioned in the petition at the sum of two hundred and seventy
seven dollars and seventy eight cents. It is therefore considered by the Court that the
plaintiff recover of the said defendant the sum aforesaid as assessed and his costs
herein expended and have execution therefor.
Judgment. Replevin.
Now at this day come the parties by their respective attorneys
and also a Jury, to wit:
Hartiz
sworn the income herein joined well and truly to try the tual progressed, and being
finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff as to all of the prop
erty mentioned in the petition, except the gray horse and assess his damages at the sum of one cent, and
the Jury further find that the and grey horese is the property of the defendant and assess the value of
said property at the sum of one hundred and fifty dollars, and assess the damages for the taking
and detention of the came at the sum of forty dollars. It is therefore considered by the Court that
the said plaintiff retain possession of the property mentioned in the petition, except the said grey horse,
and also recover of said defendant the sum of one cent as assessed by the Jury and the costs herein expended
and have execution therefore, and that the said plaintiff return to said defendant the said grey horse or that the
defendant recover of said plaintiff and of
property as assessed by the Jury, at the election of the defendant, and also the damages assessed for the taking and detention of the
the said grey horse, and have execution therefor.
Court met pursuant to adjournment. Present as before.
On notes.
Now at this day come the parties, by their respective attorneys,
and submits the motion herein to the Court to strike out parts
of the answer of defendants, and the Court having duly heard
and considered the same and being fully advised of and con
cerning the same doth order that said motion be
and neither party requiring a Jury, this cause is submitted to the Court upon the Plea
dings and proofs, and the Court, having duly heard and considered the same, doth
find for the plaintiff and assess his damages sustained by reason of the premises in
the petition mentioned at the sum of one hundred and eighty four dollars and ninety six
cents. It is therefore considered by the Court that the said plaintiff recover of the said
defendants the sum aforesaid in form of aforesaid as assessed and also his costs herein ex
pended and have execution therefor.
nowledges the execution of a deed by him as such Sheriff, to
Mentry
block number five hundred and eighty seven of the City of St Louis, bounded and described
as follow, to wit: beginning at the Eastern line of Eleventh street where the same is
interested by the North line of United States Survey number three thousand and three
thence South along the East side of Eleventh Street forty eight feet, thence East and
parallel with the North line of said survey one hundred and twenty seven feet six inches
to a fifteen feet alley, thence North along said alley forty eight feet to the North line of said
Survey, number three thousand and three, and thence to the place of beginning: "sold
by virtue of an execution issued from the Office of the Clerk of St Louis Circuit Court
in favor of
to the
On note.
Now at this day come the plaintiffs, by their attorney, but the
defendant, although duly summoned and called, comes not
but makes default, wherefore, on motion of said attorney for
the plaintiffs, it is ordered by the Court that the petition herein
be taken against him as confessed: and the Court finds
from the instrument of writing on which this action is founded that the defendant is
indebted to the plaintiffs in the sum of three hundred and two dollars and seventy cents.
It is therefore considered by the Court that the said plaintiffs recover of the said defendant
the sum aforesaid as assessed by the Court and also their costs herein expended and
have execution therefore against the property attached herein at the commencement of suit.
Dismissal.
On motion of the plaintiffs attorney, it is ordered by the Court that
this suit be dismissed at the costs of the said plaintiff and that
execution issue therefor.
On account and note.
Now at this day come the plaintiffs, by their attorney, but the defen
dant, although duly notified and called, comes not but makes
default, wherefore, on motion of said attorney for the plaintiffs, it
is ordered by the Court that the petition herein be taken against
him as confessed: And the plaintiffs, waiving a Jury, submit
this cause to the Court upon the petition and proofs, and the Court having duly heard
and considered the same, doth asses the plaintiffs damages sustained by reason of the
premises in the petition mentioned at the sum of thirteen hundred and sixty eight
dollars and eighty one cents. It is therefore considered by the Court that the said plain
tiffs recover of the said defendant the sum aforesaid as assessed by the Court and also their costs and
charges herein expended and have execution therefore against the property attached at the
commencement of this suit.
On account.
Now at this day come the plaintiffs, by their attorney,
but the defendant, although duly summoned and
called, comes not but makes default, wherefore, on
motion of said attorney for the plaintiffs, it is ordered
by the Court that the petition herein be taken against him as confessed; And the
plaintiffs, waiving a Jury, submit this cause to the Court, upon the petition and proofs,
and the Court, having duly heard and considered the same, doth asses the plain
tiffs damages sustained by reason of the premises in the petition mentioned at the
sum of Seven hundred and seventy three dollars and thirty six cents. It is therefore
considered by the Court that the said plaintiffs recover of the said defendant the
sum aforesaid as assessed and their costs herein expended and have execution therefore
against the property attached at the commencement of this suit.
On account.
Now at this day come the plaintiffs, by their attorney,
but the defendant, although duly summoned and
called, comes not but makes default, wherefore, on
motion of said attorney for the plaintiffs, it is ordered
by the Court that the petition herein be taken against him as confessed; And the plain
tiffs, waiving a Jury, submit this cause to the Court, upon the petition and proofs, and the
Court having duly heard and considered the same, doth asses the plaintiffs damages
sustained by reason of the premises in the petition mentioned at the sum of One hun
dred and thirty five dollars and sixty cents. It is therefore considered by the Court that
the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as
assessed and also their costs herein expended and have execution therefore against the
property attached at the commencement of this suit.
On account.
Now at this day come the plaintiffs, by their attorney, but
the defendant, although duly notified and called, comes not
but makes default, wherefore, on motion of said attorney for
the plaintiffs, it is ordered by the Court that the petition
herein be taken against him as confessed; And the plaintiffs, waiving a Jury, submit
this cause to the Court upon the petition and proofs, and the Court, having duly
heard and considered the same, doth asses the plaintiffs damages sustained by
reason of the premises in the petition mentioned at the sum of One hundred and
forty eight dollars and fifty eight cents. It is therefore considered by the Court that
the said plaintiffs record of the said defendant the sum aforesaid as assessed and
also their costs herein expended and have execution therefor against the property at
tached at the commencement of this suit.
On account.
Now at this day come the plaintiffs, by
their attorney, but the defendant, although
duly summoned and called, comes not
but makes default, wherefore, on motion
of said attorney for the plaintiffs, it is ordered by the Court that the petition herein
be taken against him as confessed; and the plaintiffs, waiving a Jury, submit this
cause to the Court, upon the pleading and proofs, and the Court, having duly
heard and considered the same, doth asses the plaintiffs damages sustained by rea
son of the premises in the petition mentioned at the sum of four hundred and thirty
nine dollars and eighty four cents. It is therefore considered by the Court that the said
plaintiffs recover of the said defendant the sum aforesaid as assessed and their costs
and charges herein expended and have execution therefore against the property attached
at the commencement of this suit.
On account.
Now at this day comes the plaintiff, by his attorney, but the
defendant, although duly summoned and called, comes not but
makes default, wherefore, on motion of said attorney for the
plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed;
and the plaintiff, waiving a Jury, submit this cause to the Court, upon the petition and
proofs, and the Court having duly heard and considered the same, doth asses the
plaintiffs damages sustained by reason of the premises in the petition mentioned at the
sum of three hundred and thirty nine dollars and seventy seven cents. It is therefore con
sidered by the Court that the said plaintiff recover of the said defendant the sum afore
said as assessed by the Court and have execution for said amount, together with his
costs herein expended, against the property attached at the commencement of this suit.
On note.
Now at this day comes the plaintiff, by its at
torney, but the defendants, although duly sum
moned and called, comes not but make
default, wherefore, on motion of said attorney
for the plaintiff, it is ordered by the Court
that the petition herein be taken against them as confessed: and the Court finds
from the instrument of writing on which this action is founded that the defendants
are indebted to the plaintiff in the Sum of five hundred and thirty eight dol
lars and twenty cents. It is therefore considered by the Court that the plaintiff
recover of the said defendants the sum aforesaid as assessed by the Court and
also its costs herein expended and have execution thereofor.
Continued.
Depositions for defen
dants opened and filed
On note.
Now at this day comes the plaintiff, by his attorney, but the
defendants, although duly summoned and called, come not
but make default, wherefore, on motion of said attorney for the
plaintiff, it is ordered by the Court that the petition herein be
taken against them as confessed: and the Court finds from
the instrument of writing on which this action is founded that the defendants are in
debted to the plaintiff in the sum of five hundred and ninety dollars and fifteen cents.
It is therefore considered by the Court that the plaintiff recover of the said defendants
the sum aforesaid in form aforesaid as found and his costs herein expended and have
execution thereofor.
On notes.
Now at this day comes the plaintiff, by his attorney, and
dismisses this suit as to the
defendant,
comes not but makes default, wherefore, on motion of said attorney for the
said attorney for the plaintiff, it is ordered by the Court that the petition herein be
taken against the said defendant as confessed: and the Court finds from the instru
ments of writing on which this action is founded that the said defendant,
debted to the plaintiff in the sum of thirteen hundred and thirty three dollars and
eighty five cents. It is therefore considered by the Court that the plaintiff recover
of the said defendant the sum aforesaid as found and also his costs herein expended
and have execution thereofor.
Judgment.
Now at this day comes the parties, by their respective
attorney, and waiving a Jury, submit this cause to
the Court, upon the pleadings and proofs, and the
Court having duly heard and considered the same,
doth find for the plaintiffs and assess their damages sustained by reason of the
premises in the petition mentioned at the sum of Eleven hundred and eleven dollars
and sixty cents. It is therefore considered by the Court that the plaintiffs recover
of the said defendant the sum aforesaid in form aforesaid as assessed and also their
costs herein expended and have execution therefor. Motion for new trial filed by defendant.
Continued as on affidavit at defendants costs.
Continued as on affidavit at defendants costs.
Dismissal.
Now at this day come the plaintiffs, by their attorney,
and on motion of said attorney it is ordered by the
Court that this suit be dismissed at the costs of the
said plaintiffs and that execution issue therefor.
Judgment.
Now at this day come the parties by their respective
attorneys, and also a Jury, to wit:
lawful men, who being duly elected, tried and sworn well and truly to try the issues
herein joined, the trail progressed, and being finished the Jurors aforesaid upon their oaths
aforesaid find for the plaintiffs and assess the damages at the sum of Seventeen hun
dered and ninety three dollars and fifty eight cents. It is therefore considered by the Court
that the plaintiffs recover of the said defendants the sum aforesaid as assessed and
also their costs herein expended and have execution therefor.
Trail.
Now at this day come the parties, by their respective attorneys, and
submit the motion herein to strike out the defendants answer to
the Court and the Court having duly heard and considered the
said motion, doth order that the same be overruled; and therefore come also a Jury, to wit:
Clexton
the issues herein joined well and truly to try, the trail progressed and being finished the
Jury retire to consider of their verdict.
On note.
Now at this day comes the plaintiff, by his attorney, but the de
fendant, although duly summoned and called, comes not but
makes default, wherefore, on motion of said attorney for the plain
tiff, it is ordered by the Court that the petition herein be taken against him as confessed:
and the Court finds from the instrument of writing on which this action is founded
that the defendant is indebted to the plaintiff in the sum of Six hundred and eleven
dollars and forty two cents. It is therefore considered by the Court that the said plaintiff
recover of the said defendant the sum aforesaid as found and also his costs herein expen
ded and have execution therefor.
On note.
Now at this day come the plaintiffs, by their attorney, but
the defendant, although duly summoned and called, comes
not, but makes default, wherefore, on motion of said attorney
for the plaintiff, it is ordered by the Court that the petition
herein be taken against him as confessed: and the Court finds from the instruments
of writing on which this action is founded that the defendant is indebted to the plain
tiffs in the sum of two hundred and eighty two dollars and seventy five cents. It is
therefore considered by the Court that the plaintiffs recover of the said defendant the
sum aforesaid as found and also their costs herein expended and have execution thereofor.
Default.
Now at this day come the plaintiffs, by their attorney, but the defendant,
although duly summoned and called, comes not but makes default, where
fore, on motion of said attorney for the plaintiffs, it is ordered by the Court
that the petition herein be taken against him as confessed.
comes, and, by leave of Court withdraws the answer of the
said defendant filed herein.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the
Court that this suit be dismissed at his costs and that execution
issue therefor.
Order of Sale.
comes and files a statement, from which it appears,
that the keeping of the property attached under the
writ herein will be attended with much expense be
fore the probable termination of this suit, and is likely to depreciate in value; it is there
fore ordered, that said Sheriff sell said property according to law, and that he make
a report of his proceedings under this order on or before the first day of the next term of this Court.
Reply filed to answer of garnishees.
Reply and Denial of garnishees answer filed.
Leave is given the defendant to withdraw the depositions taken in
his behalf and filed herein.
Motion filed to strike out the defendants answer.
Leave is given the plaintiff to withdraw the depositions
filed herein.
Default.
Now at this day come the plaintiffs, by their attorney, but
the defendant,
called, comes not but makes default, wherefore, on motion
of the plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against him as confessed; and on motion of said attor
ney for the plaintiffs it is ordered by the Court that this suit be dismissed as
to the defendant,
Affidavit of Endorsement of
ham
Depositions for plaintiff opened and filed.
Assignment of judgment to
Decree of Divorce. Alimony.
Now at this day comes the plaintiff, by her attorney,
but the defendant, although duly notified, by publication,
and solemnly called, comes not but makes, default,
wherefore, on motion of said attorney for the plain
tiff, it is ordered by the Court that the petition herein be taken against him as
confessed: and therefore, on motion of said attorney, the Court proceeds to hear
the proof herein, and having duly heard and considered the same, and being satis
fied therefore of the good conduct of the plaintiff and that the plaintiff is an
and forever divorced from the bonds of matrimony by her contracted with the
defendant and be restored to all the nights and privileges of an unmarried person.
And It is further ordered adjudged and decreed by the Court that the defendant
pay the plaintiff the sum of two hundred and dollars per annum, for her alimony, upon
the
year thereafter, during the natural life of the said plaintiff, or until the further order of
this Court, to be charged upon and paid out of the property of said defendant; and that
the plaintiff recover of the defendant her costs herein expended and have execution therefor.
Decree of Divorce.
Now at this day comes the plaintiff, by his attorney, but the
defendant, although duly summoned and called, comes not but
makes default, wherefore, on motion of said attorney for the
plaintiff, it is ordered by the Court that the petition herein be taken against her as con
fessed: and, on motion of said attorney, the Court proceeds to hear the proof herein,
and having duly heard and considered the same, and being satisfied therefrom of the
good conduct of the plaintiff and that the plaintiff is an innocent and injured
party doth order adjudge and decree that he be absolutely and forever divorced from
the bonds of matrimony by him contracted with the said defendant and be restored
to all the right and privileges of an unmarried person. It is further ordered by the
Court that the said plaintiff pay the costs herein and have execution therefor.
Court met pursuant to adjournment. Present as before.
Answer filed.
Answer filed.
Reply filed.
Continued.
Order of Sale.
On the petition of the assignee, it is ordered by
the Court that said assignee proceed to sell,
after giving twenty days public notice, the
Planing Mill
chinery and the lease of the ground on which the same is located, upon the following
terms; one half of purchase money to be palid in six months after the day of sale and
the balance twelve months after the day of sale, the payments to be secured by satis
factorily endorsed notes and duds of trust on the property sold: And it is further
ordered that said assignee proceed to sell the residue of the property assigned upon
such terms as may to him sum good, provided, that the payments for the same
shall be fully made within twelve months from the date of this order.
Order of Publication. Attachment.
The Sheriff having made return that the defendant cannot be
found, and the Court being satisfied that process cannot be
sewed upon him, therefor, on motion of the attorney for the
plaintiff, it is ordered by the Court that he be notified that a civil action has been
commenced against him for the sum of three hundred and fifty dollars found on a
draft; and that his property has been attached, and unless he be and appear at the
next term of this Court to be holden at the City of St Louis, within and for the Coun
ty of St Louis, on the fourth Monday of February next, and on or before the third day
thereof answer the person herein judgment will be rendered against him and his prop
erty sold to satisfy the same. It is further ordered that a copy hereof be published,
according to law, in the Missouri Republican, a newspaper printed and published in the
City of St Louis.
On Bills of Exchange. Judgment by consent.
Now at this day come the parties by their respective at
torneys, and the said defendant withdraws his plea in
abatement filed herein and consents that judgment
may be rendered against him in favor of the plaintiffs
for the sum of twenty five hundred and nine dollars and eighty eight cents. It is
therefore considered by the Court that the said plaintiffs recover of the said defen
dant the own aforesaid as agreed upon and their costs herein expended and have execution therefor.
And by like consent of parties it is further ordered by the Court that the property attached
herein and claimed by
discharged. Ten dollars allowed garnishee,
On Bills of Exchange. Judgment by consent.
Now at this day come the parties by their respective attorney
and agree that he petition herein may be amended by ad
ding on additional count on a draft for three hundred
dollars, dated
fifty seven
draws his plea in abatement feled herein, and convents that judgment may be rendued
in favor of the plaintiffs for the sum of twenty hundred and eighty dollars and
fifty nine cents. It is therefore considered by the Court that the said plaintiffs recover
of the and defendant the sum aforesaid as agred upon and this costs herein expended
and have execution therefor.
And by like consent of parties, it is further ordered by the Court that the personal
property attached herein and claimed by
leased, and the garnishees summoned herein discharged.
Dismissal.
By consent of parities, it is ordered by the Court that this suit be
dismissed at the costs of the plaintiff and that execution issue therefor.
The defendant by his attorney, waives all claim for damages on account
of the taking, and detention of the property mentioned in the petition.
Dismissal.
On motion of the attorney for the plaintiff it is ordered by
the Court that this suit be dismissed at the costs of the said
plaintiff and that execution issue therefor.
Depositions for plaintiff opened and filed.
Dismissed
By consent of parties it is ordered by the Court that this suit be
dismissed at the costs of the plaintiff and that execution issue
therefor. The defendant, by his attorney, waives all claim for
damages on account of the taking and detention of the property mentioned in the petition.
On note.
Now at this day comes the plaintiff, by his attorney, and dis
misses this suit as to the defendant,
dant,
action undefended, it is, therefore, on motion of said attorney,
for the plaintiff, ordered that the petition herein be taken
against him as confessed: and thereupon comes the defendant,
Jury, to wit;
elected, tried and swom the issues herein joined well and truly to try, the trial progressed
and assess his damages at the sum of Eight hundred and one dollars and twenty
one cents. It is therefore considered by the Court that the said plaintiff recover of the
said defendants the sum aforesaid in form aforesaid as assessed, together with interest
thereon at the rate of ten per cent per annum from this date until paid and also his
costs herein expended and have execution therefor.
Now at this day come the plaintiff by their respect
tive attorneys, and file an agreement herein, and
consent the judgment may be rendered herein
in favor of the plaintiff for the sum of three
hundred dollars. It is therefore considered by
the Court that the said plaintiff recover of the said defendants the sum aforesaid as
agreed upon and also his costs herein expended and have execution therefor.
Thereupon,
nowledges to have received full and entire satisfaction of the above judgment.
Judgment Replevin.
Now at this day come the parties by their respective
attorneys and also the Jury empannelled and sworn
herein, and the Jury aforesaid upon their oaths aforesaid
find for the plaintiff and assess the damages sustained by reason of the premises in
in the petition mentioned at the sum of one cent. It is therefore considered by the Court
that the said plaintiff retain possession of the property mentioned in the petition and
also recover of the said defendant the sum aforesaid in form aforesaid as assessed
together with his costs herein expended and have execution therefor.
Motion for new trail filed.
Continued.
Dismissal.
On motion of the attouney for the plaintiff it is
ordered by the Court that this suit be dismissed at
the costs of the said plaintiff and that execution issue
therefor.
Continued on affidavit
at defendants costs.
Continued as on affi
davit at plaintiffs costs.
Continued by consent.
Continued as an affidavit at
plaintiffs costs.
Interrogatories filed.
Court met pursuant to adjournment. Present as before.
Ordered that an alias Summons issue herein.
Motion to strike out answer and for judgment filed.
On note.
Now at this day come the plaintiffs, by their attorney,
but the defendants, although duly summoned and called,
comes not but make default, wherefore, on motion of the
said attorney for the plaintiffs, it is ordered by the Court
that the petition herein be taken against them as confessed:
and the Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiffs in the sum of five hundred and
twenty one dollars and forty eight cents. It is therefore considered by the Court
that the plaintiffs recover of the said defendants the sum aforesaid in form afore
said as found their costs herein expended and have execution thereofor.
On note.
Now at this day comes the plaintiff by his attorney, but
the defendants, although duly summoned and called,
come not but make default, wherefore, on motion of said
attorney for the plaintiff, it is ordered by the Court that
the petition herein be taken against them as confessed; and
the Court finds from the instrument of writing on which
this action is founded that the defendants are indebted to the plaintiffs in the
sum of ten hundred and sixty three dollars and nine cents. It is therefore con
sidered by the Court that the said plaintiffs recover of the said defendants the
sum aforesaid in form aforesaid as found and his costs in this behalf and
have execution thereofor. Judgment to bear interest at the rate of ten percent per
annum from this date until paid.
On account.
Now at this day come the plaintiffs, by their
attorney, but the defendant, although duly
notified by publication and solemnly called
comes not but make default, wherefore, on
motion of said attorney for the plaintiff, it is ordered by the Court that the petition
herein be taken against him as confessed; and the plaintiffs, waiving a Jury, submit
this cause to the Court upon the petition and proofs and the Court, having duly
heard and considered the same, doth assess the plaintiffs damages, sustained by
reason of the premises in the petition mentioned, at the sum of three hundred and two dollars
and fifty nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendant
the sum aforesaid as assessed and their costs herein expended and have execution
therefor against the property attached herein at the commencement of this suit.
On note.
Now at this day comes the plaintiff, by his attorney, and dis
misses this suit as to the defendant,
makes default, wherefore, on motion of said attorney for the
plaintiff, it is ordered by the Court that the petition herein be taken against them as
confessed; and the Court finds from the instrument of writing on which this action is
founded that the defendant,
hundred and forty four dollars and eighty five cents. It is therefore considered by the
Court that the plaintiff recover of the said defendant the sum aforesaid as found and
his costs herein expended have execution thereofor.
Confession of Judgment.
The defendant comes and files a statement in writing duly
verified by affidavit, whereby he confesses himself indebted to
the plaintiffs in the sum of Eleven hundred and forty one
dollars and ninety nine cents, and consents that judment
may be rendered against him for that amount. It is therefore
considered by the Court that the said plaintiffs recover of the said defendant the sum
aforesaid as confessed and also their costs herein expended and have execution therefor.
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney, but the defen
dant, although duly notified and called, comes not but makes
default, wherefore, on motion of said attorney for the plaintiff, it is
ordered by the Court that the petition herein be taken against him as confessed; and
the Court after hearing the proof herein, being satisfied that the plaintiff is an innocent
and injured party, doth order adjudge and decree that the said plaintiff be absolutely
and forever divorced from the bonds of matrimony, by her contracted with the said de
fendant and be restored to all the rights and privileges of an unmarried person, and
that the plaintiffs maiden name,
and taken as her only true and lawful name. It is further ordered that the defendant
pay the costs herein and that execution issue therefor.
On Plea in Abatement.
Now at this day come the parties, by their respective attor
ney, and thereupon come also a Jury, to wit:
F Stuart
and lawful men, who being duly elected tried and sworn the matters I controversy,
upon the plea I abatement well and truly to try the trial progressed, and being fin
ished the Jury retire to consider of their verdict.
Default set aside.
It appearing to the Court that the default
herein on the
hundred and fifty eight
therefore, on motion of the attorney for the defen
dant, it is ordered that the same be sit aside and for naught held.
comes in Open Court and acknowledges to
have received full and entire satisfaction
of the judgment rendered herein on the
sum of twenty seven hundred and seventy five dollars and twenty two cents.
comes in Open Court and acknowledges to have
received full and entire satisfaction of the
judgment rendered herein on the
of April
hundred and thirty nine dollars and thirty cents.
The Court having duly heard and considered the demurrer
to the amended petition herein, and being thereof fully advised,
doth order that the same be overruled.
Answer of garnishee filed.
Reply filed.
Interrogatories filed by leave of Court.
Motion to strike out answer and for judgment filed.
Amended petition by leave of Court.
Motion for new
trial filed.
Answer filed
by leave.
Motion to strike out answer
filed.
Order of Sale.
County, comes and files a statement,
from which it appears that the keeping
of the property attached under the writ
herein will be attended with much expense before the probable termination of this suit,
and is likely to depreciate in value before the probable termination of this suit; it is
therefore ordered that said Sheriff proceed to sell said property, according to law, and
that he make a report of his proceedings under this order before the first day of the
next term of this court.
Order of Sale.
County, comes and files a statement in
writing from which it appears, that the
keeping of the property attached under the
writ herein will be attended with much expense before the probable termination of this
suit and if likely to depreciate in value; it is, therefore, ordered, that said Sheriff sell said
proputy, according to law, and that he make a repot of his proceedings under this order on
or before the first day of the next term of this Court.
Order of Sale.
County, comes and files a statement from
which it appears, that the keeping of the
property attached under the writ herein will
be attended with much expense before the probable termination of this suit and is likely
to depreciate in value; it is, therefore, ordered, that said Sheriff sell said property according
to law, and that he make a report of his proceedings under this order on or before the
first day of the next term of this Court.
Order of Sale.
comes and files a statement from which it appears
that the keeping of the property attached under the writ
herein will be attended with much expense before the
probable termination of this suit and is likely to depreci
ate in value; it is, therefore, ordered that said Sheriff sell said property according to law
and that he make a report of his proceedings under this order on or before the first day of
the next term of this Court.
Order of Sale.
comes and files a statement from which it appears
that the keeping of the property attached under the
writ herein will be attended with much expense
before the probable termination of this suit and is likely to depreciate in value; it is, therefore
ordered that said Sheriff sell said property according to law and that he make a report of
his proceedings under this order on or before the first day of
the next term of this Court.
Court met pursuant to adjournment. Present as before.
Continued.
Continued by consent.
Continued.
Continued as on affidavit at
plaintiffs costs.
Continued as on affidavit at defendants costs for absence of
Elbert
Reply filed.
Answer filed.
Motion to strike
out Reply filed.
Abstract of issues filed.
Answer filed
by consent.
Motion for new trial
filed.
Order of Injunction.
On reading and filing the petition herein, it is, on motion of plain
tiffs attorney, ordered that said plaintiff and said defendant and
they, and each of them, their servants, agents and attorneys, be and
they are hereby enjoined and restrained from selling or disposing of the partnership property
of said parties and from collecting or receiving the debts of the partnership over any wise
intermeddling with the affairs of the partnership of said parties until the further order of
this Court. The plaintiff files a bond in the sum of Six thousand dollars which is approved
by the Court.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered
that this suit be dismissed at his costs and that execution
issue therefor.
Decree of Divorce.
Now at this day comes the plaintiff, by his attorney, and files
proof satisfactory to the Court that the order of publication heretofore
made herein has been duly published according to law, but the
defendant, although duly summoned and called comes not but make default, wherefore
on motion of said attorney for the plaintiff it is ordered by the Court that the petition
herein be taken against her as confessed; and therefore, on motion of said attorney the
Court proceeds to have the proof herein, and having duly heard and considered the
same, and being satisfied therefrom of the good conduct of the plaintiff and that the
plaintiff is an innocent and injured party, doth order adjudge and decree that he be
absolutely and forever divorced from the bonds of matrimony by him contracted
with the defendant and be restored to all rights and privileges of an unmarried
person. It is further ordered that the plaintiff pay the costs herein and that execution is
sue therefor.
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney, and on
motion of said attorney, and the defendant having made de
fault, the Court proceeds to hear the proof herein, and the Court
having duly heard and considered the same, and being satisfied therefrom of the good
conduct of the plaintiff and that the plaintiff is an innocent and injured party, doth or
der adjudge and decree that she be absolutely and forever divorced from the bonds of
matrimony by her contracted with the defendant and be restored to all the rights and
privileges of an unmarried person. And it appearing to the Court that the said defen
dant from his habits and course of life is an unsuitable person to have the case and
control of the infant children
in the petition, it is therefore further ordered that said plaintiff have the case custody
and control of the said infant children, and that the said defendant be restrained and
enjoined from interfering with the plaintiff in this behalf until the further order of
this Court. And it is further ordered, adjudged and decreed that the defendant pay
the plaintiff the sum of four hundred dollars per annum for her maintenance and
support and the maintenance, support and education of the infant children aforesaid,
payable on the
of each and every year thereafter until the further order of this Court; and further that
the plaintiff recover of the defendant her costs herein expended and also the sum of One
hundred dollars for her counsel fees to be taxed against said plaintiff as costs and
have execution therefor.
Policy of Insurance.
Now at this day come the parties, by their respective
attorneys, and thereupon come also a Jury to wit:
and
sworn the issues herein joined well and truly to try the trial progressed and being finished
the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the dam
ages at the sum of twenty one hundred and forty dollars. It is therefore considered
by the Court that the said plaintiff recover of the said defendant the sum aforeasaid
in form aforesaid as assessed by the Jury and also his costs herein expended and have
execution therefor.
The plaintiffs, by their attorney, come in open
Court and acknowledge to have received full
and entire satisfaction of the judgment rendered
herein.
Order of Injunction.
On reading and filing the petition, and on motion of the
plaintiffs attorney, it is ordered that the said defendant
and they are hereby enjoined and restrained from selling
and from further advertising for sale a certain parcel of land situated in the
township and county of St Louis known as the South half of Block number fifteen
as designated in parcel nember one upon the plat of the subdivision of the
Vasgues
two hundredths of an acre, bounded north by the north half of the same block
West by Block Sixteen East and South by streets and being the same acquired
by
Ann Penrore
of St Louis County Missouri. The plaintiff files a bond in the sum of twelve
hundred dollars, condition according to law, with
bond is approved by the Court. Thereupon come the defendants by
their attorney, and waive survive of the above order and also waive the issue and
service of process and enter their appearance to this action, wherefore, it is ordered
by the Court this cause be set for trail at the present term of this Court. Ten days
is given the defendants to file an answer herein.
Now at this day comes, the plaintiff, by his attorney, but the
defendants, although duly summoned and called, come not
but make default, wherefore, on motion of said attorney for the
plaintiff, it is ordered by the Court that the petition herein be
taken against them as confessed: and the plaintiff, waiving a Jury, submits this cause
to the Court and the Court having duly heard and considered the same, doth access
the plaintiffs damage sustained by reason of the promises in the petition mentioned
at the sum of two hundred and ten dollars and eighteen cents. It is therefore considered
by the Court that the plaintiff recover of the said defendants the sum of aforesaid as
assessed and also his costs herein expended and have execution therefor.
Injunction rendered perpetual.
Now at this day come the parties by their respective attorney and
waiving a Jury submit this cause to the Court upon the pleadings
and proofs and the Court having duly heard and considered
the same doth find for the plaintiff and that he has sustained
damage by reason of the premises in the petition mentioned in
the sum of One cent. It is therefore considered adjudged and decreed by the Court
that the injunction heretofore granted herein be and the same is hereby rendered per
petual and absolute as therein recited and that the plaintiff recover of the defendants
the damages aforesaid in form aforesaid as assesses and his costs herein expended
and have execution therefor.
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney, but the
defendant although duly notified and called comes not but
makes default, wherefore, on motion of plaintiffs attorney, it is
ordered by the Court that the petition herein be taken against him as confessed; and
the Court after hearing the proof herein, being satisfied of the good conduct of the
plaintiff and that the plaintiff is an innocent and injured party, doth order adjudge
and decree that she be absolutely and forever divorced from the bonds of matrimony
by her contracted with the defendant and be restored to all the rights and privileges
of an unmarried person. And it appearing to the Court that the said defendant from
his habits and course of life is an unsuitable person to have the care, custody and con
trol of the infant children
tender years, it is therefore further ordered, adjudged and decreed by the Court
that said plaintiff have the care custody, control and maintenance of the infant
children aforesaid, and that the said defendant be restrained and enjoined from interfering
with the plaintiff in this behalf until the further order of this Court. It is further
ordered that the plaintiff pay the costs herein and that execution issue therefor.
Non suit.
Now at this day comes the defendant, by her attorney, but the
plaintiff although solemnly called comes not, wherefore on mo
tion of said attorney for the defendant, it is ordered by the Court
that the said plaintiff be nonsuited and that the defendant go hence without day
and recover of the plaintiff her costs herein and have execution therefor.
Now at this day comes the plaintiff, by his attorney and
files proof satisfactory to the Court that the order of publication
make herein has been duly published according to law, but the
defendant, although duly notified and called, comes not but makes default, wherefore,
on motion of said attorney for the plaintiff, it is ordered by the Court that the petition
herein be taken against him as confessed; And the plaintiff, waiving a Jury, submits
this cause to the Court, upon the petition and proofs, and the Court having duly heard
and considered the same, doth assess the plaintiffs damages sustained by reason of the
premises in his petition mentioned at the sum of Six hundred and eighty one dollars
and forty two cents. It is therefore considered by the Court that the plaintiff recover
of the said defendant the sum aforesaid in form aforesaid as assessed and also his
costs herein expended and have execution therefor against the property attached at the
commencement of this suit.
Now at this day come again the parties, by their respective
attorneys, and also the Jury empannelled and sworn herein,
and the Jury aforesaid upon their oaths aforesaid find for
the defendant. It is therefore considered by the Court that
the defendant was not about to remove out of this state with the intent to change his
domicil and that he was not about to remove his property and effects out of this State
with the intent to defraud, hinder, or delay his creditions; wherefore, it is ordered by the
Court that the attachment herein be dissolved and that the defendant go hence
without day and recover of the plaintiffs his costs herein expended and have execution therefor.
On Bill of Exchange.
Now at this day come the
plaintiffs, by their attorney,
but the defendants, having failed
to appear and answer the amended petition herein, whereby this suit remains undefended,
wherefore, on motion of said attorney for the plaintiffs, it is ordered by the Court that
the said amended petition be taken against them as confessed; and the Court finds from
the instrument of writing on which this action is founded that the defendants are indebted
to the plaintiffs in the sum of thirteen hundred and eighteen dollars and twenty three
cents. It is therefore considered by the Court that the plaintiffs recover of the said defen
dants the sum aforesaid in form aforesaid as found and also their costs herein expended
and have execution therefor.
Demurrer to Counter claim filed by leave of Court.
Court met pursuant to adjournment. Present as before.
and acknowledges the execution of a Deed by him, as such
Sheriff, to
of
in Block one of
four hundred and seventy nine of said City, beginning in the East line of Dillon
street, one hundred feet South from the South line of Hickory street, thence East
parallel with Hickory street One hundred and twenty seven and one half feet to an
alley fifteen feet wide, thence South with the West line of said alley fifty feet, thence
West parallel with Hickory street One hundred and twenty seven and one half feet
to Dillon street, thence North with the Eastern line of Dillon street fifty feet to
the place of beginning; also Lot in Saint Louis County to wit; number thirty three
in Block number ten of the East Union Addition to the City of Saint Louis being
thirty feet on Lucas Street by one hundred and sixty feet nine inches in depth and
bounded South by Lucas Street, West by lot thirty four of said Block number ten
North by an alley and East by lot thirty two in said block number ten. Sold by
virtue of an execution issued from the Office of the Clerk of the St Louis Circuit
Court in favor of
and acknowledges the execution of a Dud by him, as such
Sheriff, to
of
a certain leashold estate situated in the City and County of St Louis State of Mis
souri, in Block number eighty seven of said City beginning at a point in the East
line of Fourth Street where the North line of Pine Street interests said East line
of fourth Street thence Eastwardly along, the North line of Pine Street forty nine
feet five inches where the East of the Saint Louis Common, Field lots intersects said
North line of Pine Street, thence Nothwardly along said East line of St Louis Common
Field Lots to the South Lot of
feet three inches Westwardly to the East line of Fourth Street, thence Southwardly
thirty two feet to the point of beginning: bounded West by Fourth Street, South by
Pine Street, East by said East line of Saint Louis Common Field Lots which Sepa
rates the lot from the property of
execution issued from the Office of the St Louis Circuit Court in favor of
B Neil
Plaintiffs, by their attorney, come in Open Court and
acknowledge to have received full and entire satisfac
tion of the Judgment rendered herein
Answer of
Answer filed.
Answer filed.
Reply filed.
Answer to amended
petition filed.
Exhibits filed by defendant and also motion to strike out parts
of defendants answer.
Answer of
by
Ordered that an alias Summons issue for
The defendant withdraws the Demurrer filed herein and by
leave of Court files and answer.
The Court having duly heard and considered the Demurrer
to the Petition herein, and being thereof fully advised,
doth order that the same be overruled. Three days time
is given the defendant to answer. Answer filed.
Decree.
And now again come
all the parties aforesaid,
and it appearing to the
Court that pending this
suit the defendants,
linda Bompart
W Rice
age, and now move the Court
that they be made plaintiffs
herein, which is according by
done; Whereupon, the defen
dants confess the allegations
of the petition to be true, and the plaintiffs and defendants submit the cause to the
Court upon the facts set forth in the petition, and the Court, being fully advised of and
concerning the premises, doth ascertain and find that the plaintiffs are entitled to the
relief prayed for by them in their said petition; and the Court doth therefore, by the con
sent of said parties, order, adjudge and decree that the title to the subdivisions of the lot
first described in said petition, viz; a certain lot of ground fronting on the cast side of
Second Street in the City of St Louis, County of St Louis, South of and adjoining the
Green Tree Tavem, having a front of sixty feet by a depth of One hundred and fifty
feet, French measure, be established and fixed as follows, viz: that whatever title the
plaintiffs or the defendants,
of the lot aforesaid, having a front of twelve feet on Second Street by the depth
aforesaid being the Northernmost twelve feet of said larger lot, and also all the title
which they or either of them have in and to another lot, in said larger lot, having
a front of twelve feet on Second Street by the depth aforesaid, bounded South by the
Southernmost lot of twelve feet front in said subdivision, be divested out of them,
without any act by them to be done, and vested in the said
laurier
of said
South of the lot of twelve feet front first above described, which lot has the same extent
of front and depth, be divested out of them and be vested without any act by them
to be done in said
title of the lot lying next South of the lot last above described and having the same ex
tent of front and depth be vested in the heirs at law of Baptiste Bompart, deceased,
and in the said
the same interest therein as they would have taken if both had been full sisters
of the said
and the said plaintiffs,
Bompart
Prerry
Bompart
of twelve feet on Second street by the depth aforesaid, be divested out of them without
any act by them to be done and vested in the plaintiffs
of
Rice
And the Court doth further order, adjudge and decree that the titles to the tract of
land, second described in said petition, to wit; a certain tract of land situate on the
River dis Peris, in said County, containing one hundred arpents, being in the east
part of Survey no 1930 of the United States and being part of a concession by
the Spanish Government to
fixed as follows, viz; that all the title of the plaintiffs and of the defendant,
Madeline Delaurier
petition, having an extent of four arpents on the South line of said Survey 1930 by a
depth, together Northerwardly of ten arpents, and bounded East by land now or formerly
of
out of them and without any act by them to be done be vested in
wife of said
title of said plaintiffs and of
said petition, having an extent of four arpents on the North line of said lot B and
a depth Northwardly of five arpents, bounded North and South by the same lands
as said lots A and B, be divested out of them and without any act by them to be
done, be vested in the said
forever; that all the title of the defendants and of the co-plaintiffs of said
Tooley
extent of four arpents on the Northern line of said lot C by a depth Northwardly
of five arpents, bounded East by lot, E next hereinafter described, South by lot, C
West by land now or formerly of said
rested in said
all the title of the plaintiffs,
Prerry
dants,
eline Delaurier
of five arpents on the East line of said lot D by a depth Eastwardly of four ar
pents and bounded North, East, and South by land formerly of
West by said lot D, be divested out of them and without any act by them to be
done vested in the plaintiffs
Subject, however, to the dower of
is vested the undivided one third of said lot, E, for life.
The Court having duly heard and considered the demurrer
filed herein to the petition and being thereof fully advised doth
order that the same be overruled. Ten days given to answer.
Dismissal.
On motion of the attorney for the plaintiffs, it is ordered by
the Court that this suit be dismissed at the costs of said
plaintiffs and that execution issue therefor.
On motion of the attorney for the plaintiffs it
is ordered by the Court that this suit be dismissed
at the costs of the said plaintiffs and also that
garnishee summoned in this action be discharged.
The Charter of the
Missouri
the New Charter, on the
May, A, D, 1857
Missouri
tion 10 of chapter X of article IV of an act of the Lsgislature of the State of Missouri,
entitled, "An act to regulate Banks and Banking Institutions, and to create the Offices
of Bank Commissioners", approved
doth order: that all demands against the
old charter, shall be presented at the counter of the present
at St Louis, or its branches at Palmyra, Fayette, Springfield, or Cape Girardean, prior to
the
day of January, 1860
barred. And it is further ordered by the Court that notice of such limitation and of
this order shall be given to the creditors of said
Missouri Republication, Weekley Missouri Democrat and Weekley St Louis Evening
News, three newspapers printed and published in the City of St Louis; said notice to
be so published from the
uary, 1860
On note.
Now at this day come the plaintiffs by their attorney,
but the defendants, although duly warned and called,
come not but make default, wherefore, on motion of
said attorney for the plaintiffs, it is ordered by the Court
that the petition herein be taken against them as confessed;
and the Court finds from the instrument of writing on which this action is founded
that the defendants are indebted to the plaintiffs in the sum of two hundred and
sixty one dollars and twenty six cents, It is therefore considered by the Court that
the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid
as found and also their costs herein expended and have execution therefor.
The Court having duly heard and considered the de
murrer to the petition herein, and being thereof fully
advised, doth sustain the same. Leave is given the
plaintiff to amend. Amended petition filed.
It appearing to the Court from the answers of the
garnishees,
C Bernoudy
they are not indebted to the original defendants in any
sum whatever, it is therefore on motion of the attorney
for said garnishee, ordered that they be discharged hence at the costs of the plain
tiffs and that execution issue therefor. Ten dollars allowed each garnishee for an
swering herein.
The Court having duly heard and considered the motion herein to dismissed and dis
solve the attachment herein and being thereof fully advised, doth overrule the same.
The Court having duly heard and considered the motion
filed herein for additional security on the attachment bond
and being thereof fully advised, doth sustain the same.
Ten days is given the plaintiff to file additional security.
The Court having duly heard and considered the demurrer
filed herein to the petition and being thereof fully advised, doth
overrule the same. Ten days given to answer.
The Court having duly heard and considered the motion
herein for judgment notwithstanding the answer, and being
thereof fully advised, doth overrule the same. By leave of
Court the defendants amend their answer, by striking out the word, "recoupment" wherev
er the same occurs, and inserting the word, "counterclaim", in lieu thereof.
The Court having duly heard and considered the de
murrer to the petition herein, and being thereof fully ad
vised, doth sustain the same.
Ten days is given the plaintiff to amend.
The Court having duly heard and considered
the demurrer to the petition herein and also the
motion to strike out said demurrer, and being
thereof fully advised, doth order that said motions, and each of them, be and
they are hereby overruled. Three days is given the defendants to answer herein.
Dismissal.
On motion of the attorney for the plaintiffs, it is
ordered by the Court that this suit be dismissed at
the costs of the said plaintiffs and that execution issue
for the same.
Now at this day comes the defendant,
by his attorney, and the Court having duly heard and
considered the application and motion of the defendant for
a rule upon the plaintiff to answer upon oath the interrog
atories filed herein, doth sustain the same, and doth order that said plaintiff do, on
or before the first day of the next term of this Court, answer the said interrogatories
upon oath, and that a Commission to take the oath and signature of said plaintiff
to the answers he may make, issue herein to the State of New York.
The Court having duly heard and considered the
motion, to strike out parts of the answer herein and
being fully advised thereof, doth sustain the
same. Ten days is given the defendants to amend.
The plaintiff, by leave of Court, withdraws the motion filed
herein to strike out parts of the defendants answer.
On moton of plaintiffs attorney, it is ordered
by the Court that this suit be dismissed at the
costs of said plaintiff and that execution issue therefor.
Court met pursuant to adjournment. Present as before.
of this State, it is, on motion of
admitted and enrolled as a member of this Bar.
and acknowledges the execution of a deed by him, as such
Sheriff, to
of
lot of ground in the City of St Louis containing thirty feet front on the South side of
Washington Avenue by about one hundred and fifty six feet deep to St Charles, street,
beginning at a point in the South line of Washington Avenue 31 8-12 feet West of North
corner of lot sold by
1856
enue 156 feet to St Charles street, thence East thirty feet, and thence North to the
beginning; bounded, North by Washington Avenue, South by St Charles street, East and
West by property of
house and improvements erected thereon, being the same promises occupied at present
by said
from the office of the St Louis Court of Common Pleas, returnable to the
Term, 1858
Wheaton
against
St Louis Circuit Court, returnable to the
Blakesly
against
open Court and acknowledges the execution of a deed
by him, as such Sheriff, to
estate, and property of
to wit: Lots four, five and nineteen (45 and 19) as represented in plot of Belmont
Place, on file in the Recorders Office of St Louis County, containing each four (4)
arpents; Sold by virtue of seventeen issued from the Office of the St Louis Circuit
Court, returnable to the
said
and acknowledge the execution of a deed of emancipation
by him to his negro slave,
age on the
Court and acknowledges the execution of a deed of eman
cipation to his negro Slave
seventeen years and three months.
Court and acknowledges the execution of a deed of
emancipation to his negro Slave
about fourteen years.
Motion filed by defendants
Sawyer
Betts
Alias Summons ordered.
Alias Summons ordered.
Alias Summons ordered for defendant,
Denial of answer filed.
Replication filed.
Demurrer to amended petition filed.
On motion, leave is given plaintiff to amend the petition herein
by changing plaintiffs given name from "
which amendment is accordingly made; leave is also given to
plaintiff to withdraw note and protest and same withdrawn. Dedimus awarded
plaintiff to take depositions in the State of Illinois to be used on the trial
of this cause.
Continued by consent
at defendants consts
Continued by consent
Dismissal.
On motion of
Court that these proceedings be dismissed.
Dismissal.
By consent of parties it is ordered by the Court that this
suit be dismissed at the costs of the defendants and that
execution issue therefor.
Dismissal.
On motion of the attorney for the plaintiff, it is ordered
by the Court that this suit be dismissed at the costs of
said plaintiff and that execution issue therefor.
Dismissal.
On motion of the attorney for the plaintiff, it is ordered by the Court
that this suit be dismissed at the costs of said plaintiff and that
execution issue therefor.
Dismissal.
On motion of the attorney for the plaintiffs attorney, it is ordered by the Court
that this suit be dismissed at the costs of said plaintiff and
that execution issue therefor.
The Court having duly heard and considered the motion
filed herein to strike out the defendants answer and for
judgment and being thereof fully advised doth overrule
the same.
The Court having duly heard and considered the demurrer to
the petition filed herein and being thereof fully advised doth overrule
the same. Ten days is given the defendant to answer.
Now at this day come the parties by their respective
attorneys and also come a Jury to wit:
twelve good and lawful men who being duly elected, tried and sworn the issues herein
joined well and truly to try, the trail progressed and being concluded the Jury return to
consider of their verdict.
Proof of Publication. Default.
Now at this day comes the plaintiff, by his attorney and
files proof satisfactory to the Court that the order of pub
lication heretofore made herein has been duly published
according to law; but the defendant, although duly warned and solemnly called
comes not but makes default, whereof, on motion of said attorney for the plaintiff, it
is ordered by the Court that the petition be taken against her as confessed. Dep
sitions for plaintiff opened and filed.
On note.
Now at this day come the plaintiffs, by his attorney
but the defendant, although duly summoned and called,
comes not but makes default, whereof, on motion of
the plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against him as confessed; and the Court finds from
the instrument of writing on which this action is founded that the defendant is
indebted to the plaintiffs in the sum of two hundred and sixty five dollars and
forty three cents. It is therefore considered by the Court that the said plaintiffs
recover of the said defendant the sum aforesaid in form aforesaid as found and
their costs herein expended and have execution therefor.
Denial of Garnishees answer filed.
Motion for new trial filed.
Assignment filed.
Continued as on affidavit at plaintiffs costs for absence of
Henley
Court met pursuant to adjournment. Present as before.
Continued on affidavit at defendants costs.
Continued as on affidavit at plaintiffs costs.
Answer filed by leave of Court.
Reply filed.
Reply filed.
Assignment of judgment to
Snyer
Alias Summons ordered.
Reply filed.
Replication filed.
Answer filed.
Answer to Cross Bill filed.
Decree of Divorce
Now at this day comes the plaintiff, by her
attorney, and files proof satisfactory to the
Court that the order of publication heretofore
made herein has been duly published according
to law, but the defendant although duly notified and called comes not but makes
default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the
petition herein be taken against him as confessed: and the Court, after hearing the
proof herein being satisfied of the good conduct of the plaintiff and that she is
an innocent and injured party, doth order, adjudge and decree that she be absolutely
and forever divorced from the bonds of matrimony by her contracted with the
said defendant and be restored to all the rights and privileges of an unmarried
person. It is further ordered that said plaintiff pay the costs herein and that
execution issue therefor.
On note.
Now at this day come the plaintiffs, by their attorney, but
the defendant, although duly summoned and called, comes
not but makes default, whereof, on motion of said attorney
for the plaintiffs, it is ordered by the Court that the petition
herein be taken against him as confessed; and the Court
finds from the instrument of writing on which this action is founded that the
defendant is indebted to the plaintiffs in the sum of One hundred and eighteen
dollars and fifty cents. It is therefore considered by the Court that the said
plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as found
and their costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by her attorney, but
the defendant, although duly summoned and called, comes
not but makes default, whereof, on motion of the said
attorney for the plaintiff, it is ordered by the Court that the petition herein be
taken against him as confessed: and the Court finds from instrument of writing
on which this action is founded that the defendant is indebted to the plaintiffs in
the sum of three hundred and sixty four dollars. It is therefore considered by
the Court that the said plaintiff recover of the said defendant the sum aforesaid
in form aforesaid as found and also his costs herein expended and have execution therefor.
On account.
Now at this day comes the plaintiff, by her attorney,
but the defendant, although duly summoned and called
comes not but makes default, whereof, on motion of
the attorney for the plaintiff, it is ordered by the Court that the petition herein be
taken against him as confessed: and the plaintiff, waiving a Jury, submits this
cause to the Court upon the petition, exhibits and proofs, and the Court having
duly heard and considered the same, doth assess the plaintiffs damages sustained
by reason of the premises in the petition mentioned at the sum of One hun
dred and thirty six dollars. It is therefore considered by the Court that the
plaintiff recover of the said defendant the sum aforesaid in form aforesaid as assessed
and his costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by its attor
ney but the defendant
duly summoned and called, comes not but makes
default, whereof, on motion of the attorney for
said plaintiff, it is ordered by the Court that the
petition herein be taken against him as confessed: and thereupon come the
defendant, Pipe and Runyan, and waiving a Jury, submit this come the
Court upon the pleadings and the Court having duly heard and
considered the same, doth find for the plaintiff and assess his damages
sustained by reason of the premises in the petition mentioned at the sum of
four hundred and sixty four dollars and fifty cents. It is therefore considered by
the Court that the plaintiff recover of the defendant the sum aforesaid as assessed, and also its
costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff
by his attorney, and dismisses this
suit as to the defendant,
Walton
defendants, by their attorney, and
withdraw their answer, and consent
and agree that judgment may be rendered herein in favor of the plaintiffs for
the sum of thirty seven hundred and ninety one dollars and fifty cents. It
is therefore considered by the Court that the plaintiff recover of the said defendants
the sum aforesaid in form aforesaid as agreed upon and also his costs herein
expended and have execution therefor.
Trial
Now at this day come the parties by their respective attor
neys and also a Jury to wit:
duly elected tried and sworn the issues herein joined well and truly to try the trial
commenced and being conclude the Jury retire to consider of their verdict.
Amended answer of
Dismissal.
The plaintiff having failed to file security
for costs in accordance with the order of
Court heretofore made herein, it is on mo
tion of the attorney for the defendants, ordered
that this cause be dismissed at the costs of said plaintiff and that execu
tion issue therefor.
Appointment of Receiver.
On motion of the plaintiff by his attorney, it is ordered
by the Court that
pointed Receiver in this cause to adjust the matters
involved, subject to the further direction and orders of this Court: and the defen
dant is hereby required to surrender on oath all the copartnership property books
notes, accounts, dues, moneys, credits and papers of every description, now in his possession,
belonging to the firm of
to rendered, whenever called upon, a first account of all business transactions of such
above mentioned firm, as far as the same may have come within his knowledge.
It is further ordered that said Receiverm before entering on his duties, fil a bond
with sufficient securities, in the sum of Six thousand dollars, conditioned for
The faithful performance of his duties.
The Receiver files a bond conditioned according to law, which is approved
by the Court.
Order of Publication.
It appearing to the Court from the return of the Sheriff herein
that said defendant cannot be served with process, it is on
motion of plaintiffs attorney, ordered that said defendant be
notified of the commencement of this suit, the object of which is to obtain a divorce from
him on the grounds of desertion and habitual drunkenness, and that unless he be and appear
at the next term of this Court to be begun and held at the City of St Louis within and for
the County of St Louis, on the fourth Monday of February next, and on or before the Sixth
day thereof answer the petition of said plaintiff the same will be taken against him as
confessed. It is further ordered that a copy hereof be published, according to law, in the
Missouri Republication, a newspaper printed and published in the City of St Louis. Amen
ded petition filed by leave of Court, and cause continued.
Court met pursuant to adjournment. Present as before.
tory herein, and, on his motion the Court
appoints
assigned herein.
Answer filed.
Alias Summons
ordered.
Continued
Continued.
Now at this day come again the parties by their respect
tive, attorney and the Jury empannelled and sworn herein
also came, and the Jury aforesaid upon their oaths afore
said, find as to the cause of action set out in the petition,
in favor of the defendant, and as to the counterclaim set out in the answer, find
against the plaintiff and in favor of the defendant and assess the damages at the
sum of eight hundred and forty two dollars. It is therefore considered by the
Court that the said defendant recover of the said plaintiff the sum aforesaid
in form aforesaid as assessed and also his costs and charges herein expen
ded and have execution therefor.
Now at this day come the parties, by their respective attorneys,
and therefore come also a Jury, to wit;
Schroeder
Heller
tried and sworn the issues herein joined well and truly to try the trial commenced
and being finished the Jurors aforesaid upon their oaths aforesaid find for the
plaintiff and assess his damages at the sum of One cent. It is therefore con
sidered by the Court that the said plaintiff retain possession of the personal
property delivered to him at the commencement of this suit and also recover of
the said defendant the sum aforesaid in form aforesaid as assessed and his costs
herein expended and have execution therefor.
On account.
Now at this day comes the plaintiff, by his attorney, and waiving
a Jury, submits this cause to the Court, and the Court, having
duly heard and considered the same, doth assess the plain
tiffs damages sustained by reason of the premises in the petition mentioned at the
sum of five hundred and eighty one dollars and nine cents. It is therefore con
sidered by the Court that the said plaintiff recover of the said defendant the
sum aforesaid in form aforesaid as assessed and also his costs herein expended
and have execution therefor.
On note.
Now at this day comes the parties, by
their respective attorney, and waiving a
Jury, submits this cause to the Court upon
the pleading and proofs, and the
Court, having duly heard and considered the same, doth find for the plaintiffs and
assess their damages sustained by reason of the premises in the petition mentioned
at the sum of three hundred and twenty nine dollars and eighty cents. It is
therefore considered by the Court that the said plaintiffs recover of the said defen
dants the sum aforesaid in form aforesaid as assessed and also their costs herein
expended and have execution therefor. Motion for new trial and motion in
arrest of judgment filed.
On Note and account.
Now at this day come the plaintiffs by
their respective attorney, but the defendant, although,
duly warned and called, comes not but
makes default, wherefore, on motion of the
attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken
against him as confessed; and the plaintiffs, waiving a Jury, submits this cause to
the Court and the Court, having duly heard and considered the same doth assess
the plaintiffs damages sustained by reason of the premises in the petition men
tioned at the sum of four hundred and eighty seven dollars and fifty four
cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the
sum aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor
against the property attached herein at the commencement of this suit.
Continued.
Continued.
Alias Summons
ordered.
Alias Summons
ordered.
On note.
Now at this day come the plaintiffs, by their attorney,
but the defendant, although duly summoned and called,
comes not but makes default, whereof, on motion of
the attorney for the plaintiff, it is ordered by the Court that the petition herein be
taken against him as confessed; and the Court finds from the instrument of writing
on which this action is founded that the defendant is indebted to the plaintiffs in
the sum of thirty seven hundred and fourteen dollars and forty five cents. It is
therefore considered by the Court that the said plaintiff recover of the said defen
dant the sum aforesaid as found and also his costs herein expended and have
execution therefor. Judgment to bear interest at the rate of ten per cent per annum.
Order of Publication.
The Sheriff having made return that the defendant,
satisfied that said defendant cannot be served with pro
cess, it is, on motion of plaintiffs attorney, ordered that the
said
which is to recover of the defendants the sum of two hundred and five dollars and
sixty two cents on account of a certain promissory note executed by the defendant
next thereafter to the order of the said
City of Rochester, New York, and by said
the plaintiff; and that unless he be and appear at the next term of this Court to
be begun and holden at the City of St Louis, within and for the County of St Louis
on the fourth Monday of February next, and on or before the third day thereof answer
the petition herein the same will be taken against him as confessed It is further
ordered that a copy hereof be published, according to law in the Missouri Democrat,
a newspaper, printed and published in the City of St Louis. Cause Continued.
Order of Publication.
The Sheriff having made return that the defendant
cannot be found, it is therefore, on motion of the
plaintiffs attorney, ordered that said defendant be
notified of the commencement of this action the object of which is to obtain a decree
of divorce from him on the ground of desertion and adultery and that unless he
be and appear at the next term of this Court to be begun and hold at the City
of St Louis, within and for the County of St Louis on the fourth Monday of Febru
ary next and on or before the sixth day thereof answer the plaintiffs petition the
same will be taken against him as confessed. It is further ordered that a copy
hereof be published, according to law, in the Missouri Democrat a newspaper
printed and published in the City of St Louis. Cause Continued.
Now at this day come again the parties, by their respective
attorney, and also the Jury empannelled and sworn herein
and the Jury aforesaid upon their oaths aforesaid find
for the plaintiff and assess the damages at the sum of one hundred and thirty
five dollars. It is therefore considered by the Court that the plaintiff recover of
the defendant the sum aforesaid in form aforesaid as assessed and also her costs
herein expended and have execution therefor.
On Plea in Abatement.
Now at this day come the parties by their respective attorney,
and therefore come also a Jury, to wit;
Schreoder
elected tried and sworn the issue joined upon the plea in abatement well and truly
to try, the trial progressed but not being finished at the hour of adjournment further
proceedings are laid over until to morrow morning.
Decree of Divorce.
Now at this day comes the plaintiff by his attorney and
on his motion, and the defendant having made default,
the Court proceeds to hear the proof herein, and having
duly heard and considered the same, and being satisfied therefrom of the good
conduct of the plaintiff and that the plaintiff is an innocent and injured party,
it doth order, adjudge and decree that he be absolutely and forever divorced from the
bonds of matrimony by him contracted with the defendant and be restored to
all the rights and privileges of an unmarried person. It is further ordered that
the plaintiff pay the costs herein and that execution issue therefor.
Now suit.
Now at this day come the parties, by their respective attorney,
and thereupon come also a Jury, to wit;
Duval
being duly elected tried and sworn the issue herein joined well and truly to try
the trail progressed but before the conclusion thereof the plaintiff says he will not
further prosecute his suit in this behalf; Wherefore it is ordered that the Jury aforesaid
be discharged and that said plaintiff take nothing by his suit in this behalf
but the said defendant go hence without day and recover of the plaintiff his
costs herein expended and have execution therefor. Motion to set aside non
suit filed.
The Court having duly heard and considered the motion to strike out
parts of the petition and being thereof fully advised doth order that the
same be overruled. The defendants file a bill of exceptions. The defen
dants file a motion to compel plaintiff to elect cause of action and submit the
same to the Court and the Court, having duly heard and considered the same and being
thereof fully advised doth order that said motion be sustained. Bill of Exceptions filed by plaintiff. Ten days given to answer.
Dismissal.
On motion of the plaintiff, by their attorney,
it is ordered by the Court that this suit
be dismissed at the costs of the said
plaintiffs and that execution issue therefor.
Dismissal.
On motion of the attorney for the plaintiff, it is ordered by
the Court that this suit be dismissed at the costs of the said
plaintiffs and that execution issue therefor.
Motion for security for costs filed.
Motion filed to dissolve and discharge the order staying execu
tion filed.
Dismissal.
On motion of the plaintiffs, by their attorney, it is
ordered by the Court that this suit be dismissed
and the garnishees summoned herein be discharged
at the costs of the said plaintiffs and that execution
issue for the same.
Dismissal.
On motion of the plaintiff, by his attorney, it is
ordered by the Court that this suit be dismissed
at the costs of the said plaintiff and that execution
issue therefor.
Dismissal.
Now at this day come the parties by their respective
attorney, and consent and agree that this suit may be
dismissed at the costs of the defendants. It is therefore
ordered by the Court that this suit be dismissed at this costs
of the said defendants and that execution issue therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered
by the Court that this suit be dismissed at the costs of
the said plaintiff and that execution issue therefor.
Proof of Publication Default.
The plaintiff, by her attorney, comes and files proof satisfactory
to the Court that the order of publication make herein has been duly pub
lished according to law; but the defendant although duly warned and called, comes not but makes
default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that
the petition herein be taken against him as confessed.
Dismissal.
On motion of the plaintiff, by their attorney, it is
ordered by the Court that this suit be dismissed at
the costs of said plaintiffs and that execution issue therefor.
Dismissal.
Now at this day come the parties by their re
spective attorney, and consent and agree that
this suit may be dismissed at the costs of the
defendants. Wherefore, it is ordered by the Court
that this suit be dismissed at this costs of the
said defendants and that execution issue therefor.
Demurrer to Petition filed
of
examined on oath, comes and in open Court acknowledges the execution of a deed
of emancipation to his slave
Court met pursuant to adjournment. Present as before.
acknowledges the execution of a deed by him as such Sheriff
to
Carlin
lowing described real estate situate lying and being in the County of St Louis,
State of Missouri, to wit: a certain lot of land situated in block number forty
one, in the City of St Louis and containing a front on Second Street of forty
two and a half (42 1/2) feet, and a depth Eastwardly of one hundred and fifty feet
(150) French measure, bounded on the North by lot now or formerly of
Gates
and East by lot now or formerly of one
being in
of lot No 6 in block 117 of said addition; the whole of said lot No 6 containing
a front of 30 feet in the East side of Washington or Rosatti street, running East
wardly with the same width 100 feet to an alley 20 feet wide; the past hereby inten
ded to be conveyed embraces all of said No 6 except 15 feet front on said Washing
ton or Rosatti street, next adjoining the line of said lot No 6, and running with
the same width 48 feet, which parcel, together with the privilege to the use of the
well on said lot No 6. Also, a certain price or parcel of land being lot number
six(6) in block number six(6) of
Wrights
record in the County Recorders Office of St Louis County, for a more particular
description thereof; containing twenty five feet front on Benton street by one hundred
and twelve feet six inches in depth; bounded South by said Benton street, West by
lot number seven(7) of said block, north by an alley, East by lot number five(5)
of said block. Also, the North half of the East half of the North west quarter
section numbered eleven, in township forty three North, range six East, being in St Louis
County State of Missouri, and containing forty acres. Also a certain lot of land
situate in block No forty one of the City of St Louis, and containing a front on Second
street of forty two and a half (42 1/2) feet and a depth Eastwardly of One hundred
and fifty feet (150) French measure, bonded on the North by lot now or formerly of
and East by lot now or formerly of one
of
described as follows; Beginning at a point in the Northern edge of Emmett street
sixty five feet Westwardly from the Southeast corner of the aforesaid block; thence
paralled with Jackson street Northwardly sixty feet; thence Westwardly and parallel
with said Emmett street fifteen feet; thence Southwardly and parallel with Jackson
street sixty feet to the Northern edge of said Emmet street; thence Eastwardly
with the said Northern edge of Emmett street fifteen feet to the place of beginning.
Also, lot of ground lying and being in the City of St Louis, State of Missouri
to wit; fronting on Clark Avenue as the same has been extended under the author
ity of the County Court, beginning at a point in said Avenue one hundred and
fifty feet West of the West line of Weaver street in block number two; thence West
wardly with the North line of Clark Avenue fifty feet, thence Southward at right angles
with said Avenue one hundred and forty two feet six inches to any alley; thence East
wardly with the North side of said alley fifty feet; thence Northwardly one hundred
and forty two feet six inches to the place of beginning, and recorded in the Recor
der's Office of St Louis County in book 160 page 522. Also all the right title interest
and estate of the said
cel of ground in the City of St Louis and County of St Louis, to wit: a lot of ground
in said City and County described as follows: Lot numbered one, in block number
eighty two(82) as mentioned on a plot filed in the Probate Court of St Louis County
with the report of
ander McAlister
on the corner of Third and Myrtte streets, being twenty two feet three and a half
inches in front on Third street, by a depth of one hundred feet to an alley five feet
in width, and bounded as follows, to wit: on the West by Third street, on the North
by lot numbered two in said block as returned on said plot on file in said Probate
Court, and on the East by said alley five feet wide, and being the same property
which was acquired of said
tor as aforesaid by deed dated the
T No 6, page 219. Also a certain lot of ground situated in the addition to the
City of St Louis, in the State of Missouri, made by
C Carr
and twenty seven and a half feet in the rear; bounded on the South by the line of
seventeen, and on the East being the rear of an alley fifteen feet wide, being in block
number one hundred and forty, on the plot of said addition. Also Lots numbered
thirty six (36) thirty eight (38) and thirty nine (39) in block number two
(2) of said subdivision; said lots containing an aggregate front on Lux street of
one hundred (100) feet by a depth each of one hundred and twenty feet to an alley.
Also a lot of ground described as follows, to wit; Ten certain lots, pieces of parcels of
ground, situate lying and being in the City of St Louis, State of Missouri, in Kings
bury's Addition to the City of St Louis, a plot of which said addition is on record
in the Office of the Recorder for the County of St Louis; said lots are designated on
said plat as lots numbered one and two, in block one (1) of said addition fronting
together fifty feet on the Eastern side of Jule street, and running back one hundred
and twenty six feet and three inches to an alley fifteen feet wide; also, loto twenty
six, twenty seven, twenty eight, twenty nine, thirty, thirty one, thirty two, thirty three
in block No one (1) of said addition and fronting together two hundred feet
on the Western side of McNair Avenue, and running back one hundred and
twenty six feet and three inches to an alley fifteen feet wide. Sold by virtue of thirteen
executions, ten of which issued from the Office of the Clerk of the St Louis Circuit
Court returnable to the
favor of
Hill
of said executions in favor of
genberg
and
against
executions issued from the Office of the St Louis Court of Common Pleas, returnable
to the
against
in favor of
Fritz
berg
Motion to strike out parts of answer filed.
Depositions for defendants opened and filed.
Depositions for plaintiffs opened and filed.
Replication to Counterclaim filed.
Answer and Exhibit filed.
Replication filed.
Motion for new trial
filed.
Answer and six Exhibits filed
Answer and
Exhibit filed.
Order of Publication. Attachment.
The Sheriff having made return that the defendants
cannot be found, and the Court being satisfied that process
cannot be served upon them, therefore, on motion of
plaintiffs attorney, it is ordered by the Court that they be
notified that a civil action has been commenced against them founded on a note
for the sum of five hundred and forty six dollars and forty cents, and that their
property has been attached and unless they be and appear at the next term of this
Court to be begun and held at the City of St Louis, within and for the County of
St Louis on the fourth Monday of February next, and on or before the third day
thereof answer the petition herein judgment will be rendered against them and their
property sold to satisfy the same. It is further ordered that a copy hereof be pub
lished, according to law, in the Missouri Republican, a newspaper printed and pub
lished in the City of St Louis.
Dismissal
On motion of the plaintiff, by his attorney, it is ordered by the Court
that this suit be dismissed at the costs of the said
plaintiff and
that execution issue therefor.
Dismissal
On motion of the plaintiffs, by their attorney, it is
ordered by the Court that this suit be dismissed at
the costs of said plaintiffs and that execution issue therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
and dismisses this suit as to the defendant,
Nuckolls
though duly summoned and called, comes not but
makes default, wherefore, on motion of the attorney for the plaintiff, it is ordered
by the Court that the petition herein be taken against him as confessed: and
the Court finds from the instrument of writing on which this action is founded
that the said defendant is indebted to the plaintiff in the sum of two hun
dred and sixty six dollars and ninety five cents. It is therefore considered by
the Court that the said plaintiff recover of the said defendant,
olls
pended have execution therefor.
Leave is given the plaintiff to withdraw note sued on, or
leaving copy. Note withdrawn copy filed.
On note.
Now at this day come the plaintiffs,
by their attorney, but the defendants
although duly summoned and called,
come not but makes default, wherefore,
on motion of the attorney for the plaintiffs, it is ordered by the Court that
the petition herein be taken against them as confessed: and the Court finds
from the instrument of writing on which this action is founded that the defen
dants are indebted to the plaintiffs in the sum of four hundred and seventy
eight dollars and thirty four cents. It is therefore considered by the Court
that the said plaintiffs recover of the said defendants the sum aforesaid in
form aforesaid as found and also their costs herein expended have execution
therefor.
On note.
Now at this day come the parties by their respective
attorneys and the defendants withdraw their answer
and consent and agree that judgment may be
rendered herein in favor of the plaintiff for the sum
of twenty six hundred and fifty five dollars and ninety two cents. It is there
fore considered by the Court that the said plaintiff recover of the said defen
dants the sum aforesaid as agreed upon and also his costs herein expended
and have execution therefor.
On note.
Now at this day comes the plain
tiff, by his attorney, and dismisses
this suit as to the defendant,
A Walton
the other defendants, by their attor
ney, and withdraw their answer
and consent and agree with the plaintiff that judgment may be rendered
herein in favor of said plaintiff for the sum of Eight thousand six hundred
and two dollars and thirty cents. It is therefore considered be the Court that
the said plaintiff recover of the said defendants the sum aforesaid as agreed
upon and also his costs herein expended and have execution therefor.
Default.
Now at this day come the plaintiffs, by their attor
ney, but the defendants, although duly summoned
called, come not but make default, wherefore,
on motion of the attorney for the plaintiffs, it is
ordered by the Court that the petition herein be taken against them as confessed.
Now at this day come again the parties by their respect
tive attorney, and the Jury empannelled and sworn
herein also come, therefore the trial progressed and being
finished the Jury retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
the several Courts of this State, it is therefore on
motion of
a member of this Bar.
Continued
Continued
Continued
Continued
Continued
Continued
Replication to Supplemental answer filed.
Answer and two exhibits filed.
Motion to strike out answer and for judgment filed.
On motion of the plaintiff, by its attorney, it is ordered by the Court
that the above suits be dismissed at the costs of the said plaintiff and that
execution issue therefor.
Dismissal.
By consent of parties it is ordered by
the Court that this suit be dismissed
at the costs of the defendant and that
execution issue therefor.
The Court having duly heard and considered the demur
rer to the petition herein and being thereof fully advised
doth order that the same be overruled.
By consent of parties until fourth of November
next is given defendant to answer.
By consent of parties until
next is given defendant to answer.
By consent of parties until
next is given defendant to answer.
By consent of parties until
next is given defendant to answer.
Statement of
Alias Summons ordered.
Alias Summons
ordered.
Motion filed to substitute
tiff in Lieu of
Motion for new trial and affidavit of
Tomlinson
Depositions for defendant opened and filed.
Dismissal.
On motion of the plaintiff, by his attorney, it
is ordered by the Court that this suit be dismissed
at the costs of said plaintiff and that execution issue therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered
by the Court that this suit be dismissed at the costs of the
said plaintiff and that execution issue therefor.
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the
defendants cannot be summoned herein, it is therfore
on motion of plaintiffs attorney ordered that said
defendants be notified that a civil action has been
commences against them for the sum of four hundred
and ninety four dollars and forty nine cents on account of professional sevices
as attorneys at law rendered by the plaintiffs in the years 1855 and 1856 for the
defendants at their instance and request, and that their property has been attached
and unless they be and appear at the next term of this Court to be begun and
held at the City of St Louis within and for the County of St Louis on the fourth
Monday of February next and on or before the Sixth day thereof answer the peti
tion of said plaintiffs judgment will be rendered against them and their prop
erty sold to satisfy the same. It is further ordered that a copy hereof be published
according to law in the St Louis Daily Herald a newspaper printed and
published in the City of St Louis.
Now at this day come the defendants by
their attorney, and by leave of Court file
an amended answer herein thereupon comes
the plaintiff by his attorney and moves
to strike out said amended answer, and
the Court having duly heard and considered the said motion and being thereof
fully advised doth overruly the same: and thereupon come also a Jury, to wit;
duly elected, tried and seven the issues herein well and truly to try the trial pro
gresses but not be finished at the hour of adjournment further proceedings
herein are laid over until to morrow morning.
On note.
Now at this day comes the defendants
by their attorney, and withdraw their
answer filed herein, and thereupon
comes the plaintiff, by its attorney, and
dismisses this suit as to the defendants
dant
the attorney for the plaintiff, ordered by the Court that the petition herein be
taken against him as confessed; and the Court finds from the instrument
of writing on which this action is founded that the said defendant is indebted
to the plaintiff in the sum of four hundred and eighty dollars and twenty
nine cents. It is therefore considered by the Court that the said plaintiff
recover of the said defendant the sum aforesaid in form aforesaid as found
and also its costs herein expended and have execution therefor.
Answer filed.
On note.
Now at this day comes the defendants,
by their attorney, and withdraw their
answer filed herein, and thereupon comes the
plaintiff, by its attorney, and dismisses
this suit as to the defendants,
son
the plaintiff, ordered that the petition herein be taken against him as confessed:
and the Court finds from the instrument of writing on which this action is
founded that the said defendant is indebted to the plaintiff in the sum of four
hundred and eighty dollars and twenty nine cents. It is therefore considered
by the Court that the said plaintiff recover of the said defendant,
the sum aforesaid in form aforesaid as found and also its costs herein expended
and have execution therefor.
On note.
Now at this day comes the defendants,
by their attorney, and withdraw their
answer filed herein, and thereupon comes
the plaintiff, by its attorney, and dis
misses this suit as to the defendants
plead further herein, it is, on motion of the attorney for the plaintiff, ordered that
the petition herein be taken against him as confessed: and the Court finds
from the instrument of writing on which this action is founded that the defen
dant is indebted to the plaintiff in the sum of four hundred and eighty dollars
and twenty nine cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendant
aforesaid as found and also its costs herein expended
and have execution therefor.
On note.
Now at this day come the defendants,
by their attorneys and withdraw their
answer filed herein, and thereupon comes
the plaintiff, by its attorney, and
dismisses this suit as to the defendants,
and plead further herein, it is therefore, on motion of the plaintiffs attorney, ordered
by the Court that the petition herein be taken against him as confessed: and the
Court finds from the instrument of writing on which this action is founded
that the defendant is indebted to the plaintiff in the sum of four hundred
and eighty dollars and twenty nine cents. It is therefore considered by the
Court that the said plaintiff recover of the said defendant
sum aforesaid in form aforesaid as found and also its costs herein expended
and have execution therefor.
On Plea in Abatement.
Now at this day come again the parties, by their respect
tive attorneys and the Jury empannelled and sworn
herein also come, and the Jury aforesaid upon their
oaths aforesaid find for the plaintiff. It is therefore considered by the Court
that the defendant had fraudulently conveyed or assigned his property so as to
hinder or delay his creditors, at the commencement of this suit. It is ordered by the
Court that the defendant plead further herein.
In Partition
Now at this day come the parties by
their respective attorneys and thereupon
come also a Jury, to wit,
dimand Schuchand
Harris
Crow
and lawful men, who being duly elected tried and sworn well and truly
to try the following issue submitted to them by consent of parties, to wit:
"Was
commencement of this suit," the trial progressed and being finished the Jurors
aforesaid, upon their oaths aforesaid, find the following verdict, to wit;" Upon the
issue submitted to us we the Jury find that
the owner of the slaves
the Court, from the pleadings and proofs, doth find that
stead
administrator of
fourth parts of the property described in the petition as follows, to wit:
aged about forty three years,
aged about seventeen years,
about eleven years,
years,
aged about ten months. It is therefore considered by the Court that parti
tion of said property be made amongst the said parties according to their re
spective rights as ascertained and determined by the Court: and the Court
appoints
Commissioners to make such partition according to this judgment, and
they are hereby required to make report of their proceedings to this Court
without delay.
Court met pursuant to adjournment. Present as before.
Dedimus to Indiana for defendant.
Motion filed at quash affidavit of
Replication to answer and counterclaim filed
Answer filed by leave of Court.
open Court acknowledges the execution of a deed of eman
cipation to his negro slave named
about fifty five years of age.
Motion filed at set aside verdict of Jury on plea in
abatement.
Motion filed to set aside verdict of funny on plea in
abatement.
Motion for security for costs filed
Dedimus to Texas for defendant.
Answer filed.
The plaintiffs, by their attorney, come and file
a petition and thereupon come the defendants, by
their attorney and enter their appearance to this
action and waive the issue and service of process,
wherefore it is ordered by the Court that this cause be docketed as of this
term. By agreement of parties filed until the
next is given the defendants to plead herein, and this cause is continued to
the next term of this Court.
Depositions for defendant opened and filed.
The plaintiff having failed to file interroga
tories against
herein as garnishee, it is therefore on motion
of the attorney for said garnishee, ordered that
he be discharged hence at the costs of said plaintiff and that execution
issue therefore.
Now at this day come the parties, by their respective attorney,
and the Court having duly heard and considered the appli
cation of the plaintiff for an allowance against the defen
dant of money to enable her to employ counsel and to pay the costs of
her suit and also for the temporary support and maintenance of herself
and her two infant daughters, also children of the defendant, during the pen
dency of her suit and being thereof fully advised, doth sustain the same,
but not being sufficiently advised as to the amount to be allowed plaintiff,
leave is given the parties to file affidavits with reference thereto.
On note.
Now at this day come the plaintiffs
by their attorney, and dismiss this
suit as to the defendants,
and
and
default, wherefore, on motion of the attorney for the plaintiffs, it is ordered by
the Court that the petition herein be taken against them as confessed: and
the Court finds from the instrument of writing on which this action is founded
that the defendants, Morris and Guibert, are indebted to the plaintiffs in
the sum of five hundred and sixty three dollars and forty four cents. It is
therefore considered by the Court that the plaintiffs recover of the said defen
dants the sum aforesaid in firm aforesaid as found together with interest
thereon at the rate of ten per cent per annum from this date until paid
and also their costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs, by their
attorney, but the defendants, although duly sum
moned and called, come not but make default,
wherefore, on motion of the attorney for the plain
tiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the
Court finds from the instrument of writing on which this action is founded that the
defendants are indebted to the plaintiffs in the sum of twenty three hundred and thirty dol
lars and thirty two cents. It is therefore considered by the Court that the said plaintiffs recover
of the said defendants the sum aforesaid in form aforesaid as found and also their costs
herein expended and have execution therefor.
Now at this day come again the parties
by their respective attorneys, and also the
Jury empannelled and sworn herein, and
thereupon the trial of this cause progressed
and being finished, the Jury retire to
consider of their verdict.
Court met pursuant to adjournment. Present as before.
Affidavit of copartnership filed.
Depositions for plaintiff opened and filed.
By leave of Court plaintiff withdraws the depositions
filed in this cause in his behalf.
Court and files a Power of Attorney from the
plaintiff to him, and, by virtue of the authority
thereby confessed, acknowledges to have received
full and entire satisfaction of the judgment ren
dered herein for the sum of Six hundred and forty dollars and fifty five cents.
Leave is given plaintiffs to withdraw the note sued
on, on leaving copy. Note withdrawn, copy filed.
Leave is given plaintiffs to withdraw the note sued on,
on leaving copy. Note withdrawn, copy filed.
By leave of Court plaintiff amends his petition herein by chang
ing plaintiffs given name from "
Assignment filed.
No one appearing to prosecute this suit it is ordered that
it be continued at the costs of the plaintiff.
Continued at plaintiffs costs.
Continued by consent.
Dismissal.
On motion of the plaintiff, by his attorney, it is
ordered by the Court that this suit be dismissed at
the costs of said plaintiff and that execution issue therefor.
It appearing to the Court from the answer of the gar
nishee herein that he is not indebted to the defendants
in any sum whatever, wherefore, on motion of the attorney
for said garnishee, it is ordered that he be discharged
at the costs of said plaintiff and that execution issue therefor. Ten dollars is
allowed garnishee for answering herein.
Dismissal.
On motion of the defendant, by his attorney, and
the plaintiff having failed to file security for costs
as he was required to do, it is ordered by the Court
that this suit be dismissed at the costs of said plaintiff and the execution issue therefor.
Dismissal.
On motion of plaintiff, by his attorney, it is ordered by the
Court that this suit be dismissed at the costs of said
plaintiff and the execution issue therefor.
Dismissal.
On motion of plaintiff, by its attorney, it
is ordered by the Court that this suit be dismissed
at the costs of said plaintiff and that
execution issue therefor.
By consent of parties
as a party plaintiff in lieu of
On note.
Now at this day come the parties, by their
respective attorneys, and waiving a Jury, sub
mit this cause to the Court upon the plea
dings and proofs, and the Court having
duly heard and considered the same, doth find for the plaintiffs and assess
their damages sustained by reason of the premises in the petition mentioned at
the sum of One hundred and sixty three dollars and seventeen cents. It is
defendant the sum aforesaid as assessed and also their also their costs herein expended and
have execution therefor.
In Partition.
And now at this day, the Court, being fully
advised of and concerning the premises, this
cause having been heretofore submitted to the
Court, doth ascertain and determine that the
parties plaintiffs and defendants are the owners
of the real estate described in plaintiffs petition
in this cause as follows, to wit; situate lying and
being in the County of St Louis aforesaid, to wit:
first, a tract of land of one and a half arpens in
front from North to South and twenty arpens in
depth from East to West situate in the Common Fields of Carondelet being the
East half of the tract confirmed to
and known as United States Survey number eighty eight, (88). Secondly, a piece of
land situated in the Commons of St Louis in front of and adjoining the tract first
above described on the East containing one acre and forty three hundredths of an
acre and being the same piece or parcel of ground which was conveyed by the City
of St Louis to
deed dated
County in book H 2 pages 582 &e; and the Court doth further ascertain and de
termine the respective rights and interests of said parties and their shares and pro
portions in said real estate as follows, to wit: the plaintiff
to two undivided one hundred and forty fourths of said two pieces of land; that
the plaintiff
part of said two pieces of land; that the plaintiffs
O Neil
of; that the plaintiff
dred and forty fourths thereof, in fee, and to a life estate for the life of
Vrin Gamache
and forty fourths thereof; and that, subject to the said life estate in said
the defendants
each entitled to twenty eight undivided one hundred and forty fourths thereof; and
that, subject likewise to said life estate, the defendant
coheir with
entitled to eight undivided one hundred and forty fourths thereof; and, subject
to the same life estate, the said
one hundred and forty fourths thereof.
The Court doth therefore order adjudge and decree that partition of said two
tracts of land be made among said owners according to their respective rights
and interest as above ascertained and determined.
On note.
Now at this day come the parties, by their respective attor
neys, and waiving a Jury, submit this cause to the Court
and the Court doth find from the pleadings and proofs
that the defendants are indebted to the plaintiff in the
sum of two hundred and thirty two dollars and thirty four cents. It is therefore
considered by the Court that the plaintiff recover of the defendants the sum
aforesaid in form aforesaid by the Court found and also his costs herein expended
and have execution therefor.
Now at this day come again the parties, by
their respective attorneys, and the Jury em
pannelled and sworn herein also come, and
the Jury aforesaid upon their afths aforesaid
find for the plaintiff and assess the damages
at the sum of One hundred and forty dollars. It is therefore considered by the
Court that the plaintiff recover of the defendant the sum aforesaid
in form aforesaid as assessed and also his costs herein expended
and have execution therefor.
On note.
Now at this day comes the plaintiff by
its attorney, but the defendants, although
duly summoned and called, come not
but make default, wherefore, on motion of the attorney for the plaintiff, it is
ordered by the Court that the petition herein be taken against them as confessed:
and the Court finds from the instrument of writing on which this action is
founded that the defendants are indebted to the plaintiff in the sum of one hun
dred and forty one dollars and fifty two cents. It is therefore considered by the
Court that the plaintiff recover of the said defendants the sum aforesaid as
found and also his costs herein expended and have execution therefor.
Now at this day come the parties by their
respective attorneys, and thereupon come
also a Jury, to wit:
Kary
Schaeffer
duly elected, tried and sworn the issues herein joined well and truly to try the tual
progressed and being finished the Jury aforesaid upon their oaths aforesaid find for
the defendant Watson and further fine for the plaintiffs and against the other
defendants and assess the damages at the sum of two hundred and fifty five
dollars and fifty cents. It is therefore considered by the Court that the plain
tiffs take nothing by their suit in this behalf against the defendant
plaintiffs his costs herein expended, and that the said plaintiffs recover of the
said defendants,
said in form aforesaid by the Jury assessed and also their costs herein expended
and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but the
defendant, although duly summoned and called, comes
not but makes default, wherefore, on motion of the attorney
for the plaintiff, it is ordered by the Court that the petition herein be taken against
him as confessed: and the Court finds from the instrument of writing on which
this action is founded that the defendant is indebted to the plaintiff in the sum
of One hundred and ninety two dollars and ninety nine cents. It is therefore
considered by the Court that the plaintiff recover of the said defendant the sum
aforesaid as found and also his costs herein expended and have execution therefor.
H Richards
on his motion it is ordered that the following Resolutions passed at a meeting held
by the members of the St Louis Bar be spread upon the record of this day and
that the Court do now adjourn in respect to the memory of the deceased:
"Whereas, the members of the St Louis Bar have this day heard with deep regret of
the death of their brother,
tribute of respect to his memory; therefore,
Resolved, That in the death of
intelligent member, the community a good citizen and his family and his family
and friends a kind and affectionate and companion.
Resolved, That during the sojurn of the deceased among us, we witnessed in him or
bright and shining example before his young brethren of the Bar, that did honor to his
profession, which by his sudden death has been to us an irreparable loss.
Resolved, That in this afflictive dispensation we recognize one of the most mysterious
workings of Divine Providence, who doeth all things well.
Resolved, That we deeply sympathize with the family of the deceased in this severe
affliction, which has so suddenly overtaken them.
Resolved, That as a mark of respect we will wear the usual badge of mourning for
thirty days, and as a further mark of respect to the deceased we will attend the funeral in a body".
Court met pursuant to adjournment. Present as before.
Motion to dissolve injunction filed.
Reply filed.
Continued.
Continued by
order of Court
Continued by
order of Court
Continued by
order of Court
Continued by order
of Court.
Continued by
order of Court.
Continued by
order of Court.
Continued by order
of Court.
Continued by order of
Court.
Continued by order
of Court.
Continued by order
of Court.
Continued by order
of Court.
Continued by order
of Court.
Continued by order
of Court.
Continued by order
of Court.
Continued by order of Court.
Continued by order of Court.
Continued by
order of Court.
The Court having duly heard and considered the plaintiffs
motion to strike out parts of the answer herein and being
thereof fully advised, doth overrule the same.
Dismissal.
On motion of the plaintiff, by her attorney, it is ordered by the
Court that this suit be dismissed at the costs of said plain
tiif and that execution issue therefor.
Motion for new trial filed.
Now at this day come as well
the plaintiffs as the garnishees,
and it appearing to the Court
from the answer of said garni
shees that at the time they were summoned herein as such they had in their
possession belonging to the said defendants the sum of Eighty six dollars and fifteen
cents, It is therefore considered by the Court that the said plaintiffs recover of the said
garnishees the sum aforesaid as confessed and have execution therefore, and the out
of said sum of the plaintiffs pay the costs as well of the original suit as of this proceeding.
Ten dollars allowed garnishees for answering.
On notes.
Now at this day come the plaintiffs
by their attorney, but the defendant,
although duly summoned and called,
comes not but makes default, wherefore
on motion of the attorney for the plaintiffs, it is ordered by the Court that the
petition herein be taken against him as confessed: and the Court finds from the
instrument of writing on which this action is founded that the defendant is in
debted to the plaintiffs in the sum of Sixteen hundred and eighty five dollars
and ninety five cents. It is therefore considered by the Court that the said
plaintiffs recover of the said defendant the sum aforesaid as founded and also their
costs herein expended and have execution therefor.
On Bill of Exchange.
Now at this day comes the plaintiff,
its attorney, and dismisses this suit
as to the defendant,
summoned and called, comes not
but makes default, wherefore, on motion of the attorney for the plaintiff, it
is ordered by the Court that the petition herein be taken against him as con
fessed; thereupon come the other defendants, by their attorney, and neither party
requiring a Jury, this cause is submitted to the Court, and the Court finds from
the pleadings and proofs that the defendants are indebted to the plaintiff in
the sum of Eleven hundred and seventy one dollars and fifty cents. It is
therefore considered by the Court that the said plaintiff recover of the said
defendants the form aforesaid by the Court found and also its costs herein
expended and have execution therefor.
Now at this day come the parties by
their respective attorneys, and waiving
a Jury submit this cause to the Court
upon the pleadings and proofs and
the Court having duly heard and considered the same doth find for the
plaintiffs and assess their damages at the sum of Six hundred and eighty
one dollars and fifty cents. It is therefore considered by the Court that the
said plaintiffs recover of the said defendant the sum aforesaid as assessed
and also their costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by its attorney,
and dismisses this suit as to the defendant,
duly summoned and called, comes not but
make default, wherefore, on motion of the attorney for the plaintiff, it is ordered
by the Court that the petition herein be taken against them as confessed: and the
Court finds from the instrument of writing on which this action is founded
that the defendant are indebted to the plaintiff in the sum of two hundred
and seventy six dollars and seventy four cents. It is therefore considered by
the Court that the said plaintiff recover of the said defendants the sum afore
said as founded and also its costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs
by their attorney, but the defendants
although duly summoned and solemnly
called, come not but make default,
wherefore, on motion of the attorney for the plaintiffs, it is ordered by the Court
that the petition herein be taken against them as confessed: and the Court finds
from the instrument of writing on which this action is founded that the defendants
are indebted to the plaintiffs in the sum of three hundred and eighty seven
dollars and sixty six cents. It is therefore considered by the Court that the
plaintiffs recover of the said defendants the sum aforesaid as founded and also
their costs herein expended and have execution therefor.
This Court having no jurisdiction in this cause, it is, on mo
tion of
the transcript herein be returned to the Clerk of the St Charles Circuit Court.
This Court having no jurisdiction in this cause, it is, on motion of
herein be returned to the Clerk of the St Charles Circuit Court.
Stipulation of parties filed.
Garnishment
Now at this day come the plaintiff
the garnishees by their attorneys and
waiving a Jury submit this cause to the Court
and the Court doth find from the pleadings
and proofs that the garnishees are not indebted to the defendants in any sum what
ever. It is therefore considered by the Court that the plaintiff take nothing by his
suit in this behalf but that the said garnishees go hence without day and recover
of the plaintiff their costs and charges herein expended and have execution therefor
Twenty five dollars allowed garnishees for answering and appearing herein.
Court met pursuant to adjournment. Present as before.
Depositions for plaintiff opened and filed.
Ordered that a dedimus issue to Illinois for plantiff.
The defendant withdraws the motion for security for costs
filed herein.
It is ordered by the Court that the continuance herein be set aside.
Continued generally
Answer filed.
Motion for new trial filed.
Motion for new trial filed.
Continued generally
Motion for new trial filed.
Motion for new trial filed.
The Court having duly heard and considered the motion for
security for costs herein doth overrule the same.
The plaintiff having failed to file additional security in
the attachment bond herein within the time required for him
as to do, it is therefore on motion of the defendant by his
attorney, ordered by the Court that this suit be dismisses at the costs of the
said plaintiff and that execution issue therefore.
On motion, leave is given the plaintiff to amend the petition
herein by erasing the words "and before the maturity of said
note." on the first page of the petition. Amendment made.
Default.
Now at this day comes the plaintiff, by his attorney, but the
defendants,
Pomeroy
make default, wherefore, on motion of the attorney for the plaintiff, it is ordered by
the Court that the petition herein be taken against them as confessed.
Default. Order of Publication.
Now at this day comes the plaintiff, by his
attorney, but the defendant,
duly summoned and called, comes not but
makes default, wherefore, on motion of the
attorney for the plaintiff, it is ordered that the
petition herein be taken against him as confessed: and the Sheriff having made
return that the defendant,
the Court being satisfied that process cannot be served upon him, it is therefore
on motion of the attorney for the plaintiff, ordered that he be notified that a
civil action has been commenced against him founded on a note for the sum
of three hundred dollars, and that unless he be and appear at the next term of
this Court to be begun and held at the City of St Louis, within and for the Coun
ty of St Louis, on the fourth Monday of February next, and on or before the third
day thereof answer the petition herein the same will be taken against him as con
fessed. It is further ordered that a copy hereof be published, according to law, in the
Missouri Democrat a newspaper printed and published in the City of St Louis.
The Court, having duly heard and considered the
plaintiffs motion to strike out the answer and for
judgment, doth overrule the same.
In Partition.
Now at this day comes
Sixth Report as Commissioner herein showing the payments
made by him to the parties herein, in pursuance of the order
of payment made on the
and also the payment by him into the St Louis Court of Common Pleas as garnishee
of
six cents, due to said
and the said
Court having examined said Report and the vouchers therewith filed, doth ascertain
and adjudge that said
named in said order of payment as therein directed, and also the said sum due
to said
that said Sixth Report of said Commissioner be approved and confirmed.
Now at this day comes
his Fourth Report as Commissioner herein showing the
payments made by him to the parties in this cause, of the
several amounts due to them, as stated in his Third Report filed herein on the
Court to confirm said payments, and the Court having examined said Report
and the vouchers therewith filed, doth ascertain and adjudge that said
has paid the sums of money to the several parties named in said
has paid the sums of money to the several parties named in said Third Re
port: it is therefore ordered and adjudged by the Court that said Fourth Report
of said Commissioner be approved and confirmed: and it appearing to the Court
that said
it is further ordered that he be discharged as such Commissioner.
Court met pursuant to adjournment. Present as before.
Answer filed.
Answer filed.
Answer filed.
Motion for new trial
filed.
Demurrer to petition filed.
Dedimus ordered to for plaintiff.
Motion to strike out answer filed.
Dismissal.
By consent of parties it is ordered by the Court that this
suit be dismissed at the costs of the defendants and
that execution issue therefor.
The Court having duly heard and considered the motion
of the defendant to refer this cause to a referee and being
thereof fully advised doth overrule the same.
a bond in the sum of Eighty four thousand
dollars with
Watson
assignee, the Court doth order that the personal property and effects assigned be sold
by said assignee at private sale during the next thirty days and that the
balance of said personal property and effects remaining unsold at the expira
ton of thirty days be sold at public sale for cash. It is further ordered that
the real estate assigned be sold at public auction, on the following terms, to wit:
One third of the purchase money to be paid in cash, and the balance in equal
instalments payable in one and two years from the date of sale; deferred pay
ments to bear six per cent interest from the date of sale, to be secured by deep of
trust on the real estate sold.
The Court having duly heard and considered the
motion herein to strike out parts of the defendants an
swer and being thereof fully advised, doth order that
the same be overrulled.
Order of Injunction.
The application of the plaintiffs petition having
been considered by the Court and the Court
being fully advised thereof, it is ordered, that
the said
nicker
and attorneys, be restrained and enjoined from collecting or in any wise dispo
sing of any interest in and to any part of the note due from
macker
profits whatsoever from the following described leasehold property or any part thereof,
to wit: a certain leashold estate granted to the said
O Fallon
sometime in the end of the year Eighteen hundred and forty two, in and to a certain
parcel of ground in the City of St Louis situated on Franklin Avenue between Eighth
and Ninth streets on the North side of the avenue having a front of ninety eight feet
on the Avenue to about one hundred feet in depth Northwardly, and to be in
Block Number two hundred and fifty four of said City of St Louis, and to be the
South West corner of the East half of said block; and also from collecting or receiving
any rents or profits upon two brick houses situated on the premises herein described
from any tenant or tenants thereof, and also from in any wise interfering or inter
meddling with said leasehold property or disposing thereof in whole or in part by sub
vided, however, that the said
Bernicker
security conditioned according to law. The plaintiff files a bond with
as security which is approved by the Court.
Decree of Divorce.
Now at this day comes the plaintiff, by his attorney, and
files proof satisfactory to the Court that the order of pub
lication heretofore made herein has been duly published
according to law; but the defendant although duly warned and solemnly called,
comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is
ordered by the Court that the petition herein be taken against her as confessed: and
the Court after hearing the proof herein, being satisfied of the good conduct of the
plaintiff and that be is an innocent and injured party doth order adjudge and
decree that he be absolutely and forever divorced from the bonds of matrimony
by him contracted with the said defendant and be restored to all the rights and
privileges to an unmarried person. It is further ordered that the said plaintiff pay
the costs herein and that execution issue therefor.
On note.
Now at this day come the parties, by their
respective attorneys, and submit to the Court
the motion of the plaintiffs to strike out the answer herein and for judgement, and
the Court having duly heard and considered the said motion and being thereof fully
advised, doth sustain the same: and the Court finds from the instrument of writing
on which this action founded that the defendant is indebted to the plaintiffs in
the sum of One hundred and seventy three dollars and sixty two cents. It is therefore
considered by the Court that the said plaintiffs recover of the said defendant the
sum aforesaid in form aforesaid as found and also their costs herein expended and
have execution therefore.
Court met pursuant to adjournment. Present as before.
rolled as a member of this bar.
Motion to suppress deposition of
Motion for new trial filed.
Motion to strike out parts of answer filed.
Motion to strike out part of answer filed.
Motion for new trial and to retax costs allowed garnishees
filed.
The plaintiffs by their attorney, come and withdraw their
motion to strike out the answer herein.
The Court having duly heard and considered the demurrer to
the petition herein and being thereof fully advised, doth order
that the same be overruled.
Appointment of Receiver.
On motion of the plaintiff, by his attorney,
W Engel
accruing and to accrue upon the property mentioned and
described in the plaintiffs petition; and the said receive
is hereby required, before entering upon the discharge of
his duties, to file a bond in the sum of five thousand dollars, with good and suf
ficient security, conditioned according to law. The said Receiver files an affidavit and
also a bond with
The court having duly heard and considered the motion for a new
trail herein and being thereof fully advised, doth overrule the same.
The Court having duly heard and considered the motion to
strike out the reply herein and bring thereof fully advised, doth
order that the same be sustained.
The court having dual heard and considered the de
murrer to the counterclaim herein and being thereof fully
advanced, doth order that the same be sustained.
The court having duly heard and considered the motion
to strike out the answer of the defendant,
being thereof fully advised, doth overrule the same.
The court having duly heard and considered the Demurrer to the
petition herein and being thereof fully advised doth sustained the same.
The court having duly heard and considered the motion
for a new trail herein and being thereof fully advised,
doth overrule the same.
The plaintiff, by his attorney, comes and confesses the truth of
the demurrer herein, and by consent of parties, ten days is
given said plaintiff to file an amended petition.
Default.
Now at this day come the parties, by their respective attorneys, and
submit to the Court the motion to strike out the answer, herein,
and the Court, having duly heard and considered the said
motion, doth sustain the same; and the defendants failing further to
plead herein, it is, on motion of the plaintiffs attorney, ordered that the petition herein
be taken against them as confessed.
The Court having duly heard and considered the motion
of the plaintiffs for an order on the Sheriff to pay over
money, and being thereof fully advised doth order that said
motion be dismissed at the costs of said plaintiffs.
The Court having duly heard and considered the motion to
strike out parts of the answer herein doth sustain the same. Six
days is given defendant to answer herein.
The Court having duly heard and considered the motion for
a new trial herein and being thereof fully advised doth order
that the same be overruled.
The Court having duly heard and considered the motion for a
new trial herein and being thereof fully advised doth order that
the same be overruled. Agreement as to costs filed.
Confession of Judgment.
Now at this day come the defendant and file a state
ment in writing duly verified by affidavit, whereby they
confess themselves indebted to the plaintiff in the sum of
twenty six hundred and fifty one dollars and eighty four
cents. and authorize the Court to render judgment against them for that amount.
It is therefore considered by the Court that the said plaintiff recover of the said
defendants the sum aforesaid in form aforesaid as confessed and also its costs
herein expended and have execution therefor.
Order of Production of Papers.
Now at this day comes the plaintiff, by his attorney, and files
a statement in writing duly verified by affidavit wherein he prays
for an order on the defendant to produce certain papers therein
named, and the Court, having duly heard and considered the come, doth order
that the said defendant produce forthwith, to be used in the trail of this cause,
the following papers, to wit: a certain deed made and executed on the
of May, eighteen hundred and fifty seven
Ward
to said said party of the second part of "the North West half of the first part
in block sixty five fronting twenty five feet on Main Street and running back
one hundred and forty feet on Sixth street in the City of Keoruk, County of Lee
and State of Jowa;" also a letter from
date
On note.
The Court having duly heard and considered the motion
of plaintiff to strike out the answer herein and for judgment
doth sustain the come: and the Court finds from the instrument of writing on
which this action is founded that the defendant is indebted to the plaintiff in the
sum of Nineteen hundred and ninety dollars and twenty cents. It is therefore con
sidered by the Court that the said plaintiff recover of the said defendant the sum
aforesaid as found and also his costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs, by their attorney
and dismiss this suit as to
other defendants, although duly summoned and called,
come not but make default, wherefore, on motion of
the attorney for the plaintiffs, it is ordered by the Court
that the petition herein be taken against them as confessed: and the Court finds from the
instrument of writing on which this action is founded that the defendants are indebted to the
plaintiffs in the sum of four hundred and seventy eight dollars and ten cents. It is therefore consid
ered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid as found
and also their costs herein expended and have execution therefor. Judgment to bear interest
at the rate of ten per cent per annum from this date until paid.
On note.
Now at this day comes the plaintiff, by his attorney, but the
defendants, although duly summoned and solemnly called,
come not but make default, wherefore, on motion of the attor
ney for the plaintiff, it is ordered by the Court that the
petition herein be taken against them as confessed: and the
Court finds from the instrument of writing on which this action is founded that the defendants
are indebted to the plaintiff in the sum of two hundred and sixty five dollars. It is therefore
considered by the Court that the said plaintiff recover of the said defendants the sum afore
said as found and also his costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses
this suit as to the defendant
although duly summoned and called, comes not but make de
fault, wherefore, on motion of the attorney for the plaintiff, it is or
dered by the Court that the petition herein be taken against him as confessed: And the
Court finds from the instrument of writing on which this action is founded that the
defendant,
two dollars and eighty three cents. It is therefore considered by the Court that the
said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as
found and also his costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
as a member of this Bar.
Abstract of issues filed.
Answer of
petition filed.
Answer of
Motion of set aside default filed.
The Court having duly heard and considered the motion herein
for security for costs and being thereof fully advised doth order
that the same be sustained. Ten days is given the plaintiff to file
such security for costs.
The Court having duly heard and considered the motion
herein for a new trial and being thereof fully advised doth
order that the same be overruled.
The Court having duly heard and considered the
motion herein to strike out parts of the answer herein
and being thereof fully advised doth sustained the same.
The Court having duly heard and considered the mo
tion for a new trial herein and being thereof fully advised
doth order that the same be overruled.
Garnishees discharged.
It appearing to the Court that the plaintiff has failed
to file interrogatories herein against the garnishee the
States Savings Institution
tion
attorney, ordered that they be discharged at the costs of said plaintiff and the five
dollars be allowed each garnishee for appearing herein.
On motion of the plaintiff by his attorney it is ordered that
the Clerk of this Court file the affidavit of
and the copy of the petition served on
tune", as of the
accordingly done.
The Court having duly heard and considered the mo
tion herein for a new trial and being thereof fully ad
vised, doth order that the same be overruled.
The Court having duly heard and considered
the demurrer herein to the amended petition and
being thereof fully advised doth overrule the same.
Continued as on affidavit at plaintiffs costs.
The Court having duly heard and considered the motion
herein to strike out the defendants answer and being thereof
fully advised doth overrule the same.
The Court having duly heard and considered the defendants
motion to dismiss this suit and being thereof fully advised
doth overrule the same. By leave of Court the defendants files
an answer herein.
The plaintiff, by his attorney, comes and withdraws the
motion to suppress depositions herein, and by consents of
parties the cause is continued.
The Court having duly heard and considered the de
murrer to the petition and being thereof fully advised
doth overrule the same as to the first Court of the peti
tion and doth sustain the same as to the second Count of the petition. On mo
tion of the plaintiffs, by their attorney, leave is given to amend the petition herein
by striking out all that part around which black lines are drawn, which includes
all after words "said contract and said report of said
are herewith filed" down to signature of counsel; which amendment is made.
Now at this day come
and
and present to the Court their application in this behalf and pray the Court
that they be relieved from their bonds and to surrender their trust as such
assignees; Whereupon it is ordered by the Court that said application be referred
to
appointed by the Court for this case, to examine the merits of the said appli
cation and report to the Court with all convenient speed thereon. Report of
Commissioner filed.
On Bill of Exchange.
Now at this day come the plaintiffs
and the defendants,
attorneys, and submit to the Court
the motions of said defendants to set
aside the judgment herein and the Court having duly heard and considered
the said motions and being thereof fully advised doth order that the same be
sustained; thereupon the plaintiffs dismiss this suit suit as to the defendants
having failed to answer the amended petition herein, it is on motion of the
attorney for said plaintiffs, it is ordered that the said amended petition
be taken against them as confessed: and the Court finds from the instu
ment of writing on which this action is founded that the defendants,
Betts
hundred and twenty dollars and two cents. It is therefore considered by the
Court that the said plaintiffs recover of the said defendants the sum aforesaid in
form aforesaid as found and also their costs herein expended and have
execution therefor.
In the matter of
against
Upon reading the affidavit of
Thompson
It is ordered that the said
Sheriff of the County of St Louis, shall on the thirteenth instant pay over to the
said plaintiffs
proceeds arising from the sale of the property attached in this case the amount of the
judgment recovered by said plaintiffs against said defendant at the present term of
this Court, with interest, damages and costs, or that on the said day the said
show cause to the contrary.
In the matter of
Upon reading the affidavit of
hearing the counsel of both parties, It is ordered that the said
County shall on the thirteenth instant pay over to the said plaintiffs,
or their attorney of record, out of the proceeds arising from the sale of the property attached in this
case the amount of the judgment recovered by said plaintiffs against said defendant, at the
present term of this Court, or that on the said day the said
cause to the contrary.
The Court having duly heard and considered the motion for a new trial herein and being thereof fully
advised doth order that the same be overruled.
Court met pursuant to adjournment. Present as before.
Exceptions to answer of
Answer filed.
Affidavit of part
nership filed.
Ordered that a dedimus issue to Illinois for plaintiffs.
On motion of plaintiff, by his attorney, leave is given the
Sheriff to amend his return on the Summons issued
in this cause so as to conform to the facts; which amend
ment is accordingly made immediately after the first
return of the said Sheriff.
The Court having duly heard and considered the Demurrer
herein to the petition and being thereof fully advised, doth
order that the same be sustained.
The Court having duly heard and considered the moton
herein for a new trial and also the motion in arrest of
judgment, and being thereof fully advised, doth order
that the said motions, and each of them, be overruled.
On motion of the plaintiff, by his attorney, it is ordered
by the Court that leave be given him to withdraw the note
sued on, on leaving copy. Note withdrawn and copy filed.
Now at this day comes the defendant, by his attorney,
and remits the sum of two hundred and thirty one
dollars of the judgment rendered herein on the
seventh day of October
duly heard and considered the motion for a new trial herein and being thereof
fully advised doth overrule the same.
Order of Sale.
comes and files a statement from which it appears that
the keeping of the property attached under the writ herein
will be attended with much expense before the probable
termination of this suit and is likely to depreciate in value; it is therefore ordered
that said Sheriff proceed to sell said property according to law; and that he make
a report of his proceedings under this order on or before the first day of the next
term of this Court.
Now at this day come the parties, by their
respective attorneys, and on motion of the
plaintiffs it is ordered that the Judge of
the Probate Court for St Louis County pro
duce, forthwith, to be used in the trial of
this cause a certain paper purporting to be the Will of
and thereupon come a Jury, to wit:
Lamert
who being duly elected tried and sworn the issues herein joined well and truly to
try the trial progressed but not be finished at the hour of adjournment further
proceedings herein are laid over until to morrow morning.
Court met pursuant to adjournment. Present as before.
Continued
Continued
Continued
Continued by
consent.
Continued by consent. Agreement of parties filed.
Motion for security for costs filed.
Separate motions to set aside judgment filed by
defendants
Affidavit supplementary to motion to set aside
judgt by default filed by leave of Court.
Depositions for plaintiff opened and filed.
Denial of answer of
man
Leave is given the plaintiff to withdraw notes on leaving
copy. Notes withdrawn and copies filed.
Leave is given the plaintiff to withdraw exhibits herein.
Exhibits withdrawn and copies filed.
Now at this day comes the plaintiff, by his attorney, and dis
misses this suit as to the defendants
Demurrer to petition filed.
Answer to Interplea filed by plaintiffs.
Now at this day comes
Receiver appointed in this cause, and files
his Report, and thereupon, on motion, of the
plaintiffs, by their attorneys, it is ordered by
the Court that the said Report be confirmed:
And it is further ordered that said Receiver
be allowed out of the funds in his hands the sum of One hundred dollars for his
services, together with the sum of ten dollars and seven cents, the amount paid out
by him for expenses, and that after paying the costs of this cause, and retaining the
sum of One hundred dollars for contingent expenses, he pay the balance of the
funds in his hands to said plaintiffs, and that he proceed to make such further
collections as may be in his power until the further order of this Court.
open Court, acknowledges to have received full and entire
satisfaction of the judgment rendered in this cause on the
Now at this day come again the parties
by their respective attorneys, and the Jury
empannelled and sworn herein also come,
and thereupon the trial of this cause pro
gressed, but not being finished further
proceedings are laid over until to morrow morning.
The Court having duly heard and considered the motion herein
to quash the affidavit of
advised doth overrule the same.
The Court having duly heard and considered the Demurrer to
the petition herein doth overrule the same.
Court met pursuant to adjournment. Present as before.
and acknowledge the execution of a deed of Emancipation to his
negro slave
Four notes filed.
Answer filed.
Continued by consent at plaintiffs costs.
Continued generally.
Continued by consent at plaintiffs costs.
Continued on affidavit at plaintiffs costs.
Continued.
Continued by consent
Depositions for defendant opened and filed.
Assignment of Judgment to Hypolite Papin filed.
Dismissed.
On motion of the plaintiff, by his attorney, it is or
dered by the Court that this suit be dismissed at the
costs of said plaintiff and that execution issue therefor.
Dismissed.
On motion of the plaintiff, by his attorney, it is ordered by
the Court that this suit be dismissed at the costs of said
plaintiff and that execution issue therefor.
Dismissed.
On motion of the plaintiff by his attorney, it is or
dered by the Court that this cause be dismissed at the costs
of said plaintiff and that execution issue therefor.
Now at this day come the parties again by
their respective attorneys, and the Jury em
paneled and sworn herein also come and
thereupon the trial of this cause progressed
and being finished the Jurors retire to consider
of their verdict.
It appearing to the Court that the judgment by
default rendered herein on the
last past is erregular and erroneous, it is therefore,
on motion of the defendant, by its attorney, ordered
that said Judgment be set aside and for naught held.
Appointment of Commissioner.
By consent of parties, it is ordered that this cause be
referred to
to take and state the respective accounts of the plaintiff and defendant with the
firms of Houseman and
that he report therein as early as practicable, and that the Receiver heretofore appointed
herein allow the said Commissioner to have access to the books and accounts belon
ing to said firms.
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney and
files proof satisfactory to the Court that the order of
publication heretofore made herein has been duly published
according to law, but the defendant although duly notified and called, comes not
but makes default, wherefore, on motion of the attorney for the plaintiff, it is ordered
by the Court that the petition herein be taken against him as confessed: and the
Court, after hearing the proof herein being satisfied therefrom of the good conduct
of the plaintiff and that the plaintiff is an innocent and injured party, doth
order adjudge and decree that she be absolutely and forever divorced from the
bonds of matrimony by her contracted with the defendant and be restored to
all the rights and privileges of and unmarried person, and that her maiden
name,
taken as her only true and lawful name. It is further ordered that the said
defendant pay the costs herein and that execution issue therefore.
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney, and on her mo
tion, and the defendant having made default, the Court proceeds
to hear the proof herein, and the Court having duly heard and
considered the same and being satisfied therefrom of the good conduct of the plaintiff
and that the plaintiff is an innocent and injured party, doth order adjudge and
decree that she be absolutely and forever divorced from the bonds of matrimony by her
contracted oath the defendant and be restored to all the rights and privileges of an un
married person. It is further ordered that the said defendant pay the costs herein
and that execution issue therefor.
The Court having duly heard and considered the motion to strike
out the defendants answer and being thereof full advised
doth order that the said motion be sustained: and the Court
having also duly heard and considered the motion to strike out the inter plea herein
and being thereof fully advised doth order that the said motion be overruled.
On account.
Now at this day comes the plaintiff, by its
attorneys and waiving a Jury, submits this cause
to the Court upon the petition and proofs,
and the Court having duly heard and con
sidered the same doth assess the plaintiffs damages sustained by reason of the
premises in the petition mentioned at the sum of five hundred and seventy
nine dollars and sixty eight cents. It is therefore considered by the Court that
the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid
as assessed and also its costs and charges herein expended and have execution therefor.
On account
Now at this day come the plaintiffs, by their attorney,
and waiving a Jury submit this cause to the Court,
upon the pleadings and proofs, and the Court having
duly heard and considered the same doth assess the
plaintiffs damage sustained by reason of the premises in the petition mentioned at
the sum of Six hundred and sixty nine cents. It is therefore
considered by the Court that the said plaintiffs recover of the said defendant the
sum aforesaid in form aforesaid as assessed and also their costs herein expen
ded and have execution therefor.
On account.
Now at this day come the parties by their respective attorneys, and
thereupon come also a Jury, to wit:
Klein
good and lawful men, who being duly elected, tried and seven the issues herein joined
well and truly to try the trial progressed but not being concluded at the hour of
adjournment further proceedings are continued until to morrow morning.
Court met pursuant to adjournment. Present as before.
Agreements as to notice to take depositions filed.
Depositions for defendant opened and filed.
Amended petition filed by leave of Court.
Dismissal.
On motion of the plaintiff by his attorney it is ordered by the
Court that this cause be dismissed at the costs of the said
plaintiff and that execution issue therefor.
Garnishee discharged.
It appearing to the Court from the answer of said garnishee
that he is not indebted to the defendants in any sum what
ever, it is therefore on motion of the attorney for said garni
shee orderd that he be discharged at the costs of the said
plaintiffs and that execution issue therefor.
Default.
Now at this day come the plaintiffs by their attorney but
the defendant, although duly summoned and called, comes
not but makes default, wherefore, on motion of the attorney
for the plaintiffs, it is ordered by the Court that the petition herein be taken against
him as confessed.
Now at this day come the parties again by
their respective attorneys, and also the Jury
empannelled and sworn herein, and the Jury
aforesaid upon their oaths aforesaid say
they cannot agree upon a verdict herein,
wherefore it is ordered by the Court that the Jury aforesaid be discharged and this
cause be continued until the next term of this Court.
Dedimus to New York for the plaintiffs.
Dedimus to New York for the plaintiffs.
Leave is given the plaintiff to withdraw the notes sued
on, on leaving copy: Notes withdrawn and copies filed.
Now at this day come again the parties by their respective
attorneys and also the Jury empannelled and sworn herein,
and thereupon the trail of this cause progressed and being fin
ished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess
his damage at the sum of two hundred and thirty nine dollars and forty three
cents. It is therefore considered by the Court that the said plaintiff recover of the
said defendant the sum aforesaid in form aforesaid as assessed and also his
costs herein expended and have execution therefor.
The Court imposes a fine of five dollars upon
a Juror after having been summoned so to do.
Order of Citation.
Now at this day comes the plaintiff, by his attorney, and
it appearing to the Court from the answer of
Colman
was summoned herein as such he had in his possession
a certain sum of money amounting to Eight hundred
and ninety nine dollars and sixty five cents, to be accounted for to the said defen
dant Lingo, or his assignee; and it further appearing to the Court from such answer
that the said sum of money has been assigned by the said defendant,
istence force, or validity of such assignment, the Court, doth, therefore, in puroer
ance of the Statue in such case made and provided, order that the aforesaid assignees
appear before this Court on Wednesday, the first day of December next, at ten
o'clock A M to sustain their said claim, if any they have to the said sum of
money.
Now at this day come the parties by their
respective attorneys and thereupon come also
a Jury, to wit;
Parle
Schmidt
who being duly elected tried and sworn the issues herein joined well and truly
to try the trial of this cause progressed, but not being finished at the hour
of adjournment further proceedings herein are laid over until to mor
rrow morning.
For maintenance.
Now at this day come the parties, by their respective attorneys
and submit to the Court the Demurrer to the Petition herein
and the Court having duly heard and considered the same,
and being thereof fully advised doth order that the said demurrer be overruled and
the defendant by leave of Court files an answer herein; and thereupon the trial of
this cause progressed, and after some progress therein the parties consent and agree
that the Court may allow the plaintiff the sum of ten dollars per month for her
maintenance and support, payable on the
therefore considered by the Court that the said defendant pay the said plaintiff the
sum aforesaid in form aforesaid as agreed upon, and that the plaintiff recover of
the defendant her costs herein expended and have execution therefor. Agreement filed.
Now at this day come the plaintiffs by their attorney, but
the defendants although duly called come not, nor have
they pleaded further to the petition herein, wherefore, on mo
tion of the plaintiffs, by their attorney, it is ordered by the
Court that the said petition be taken against them as
confessed; and the plaintiffs waiving a Jury submit this cause to the Court upon the
pleadings and proofs and the Court having duly heard and considered the same doth
assess the plaintiffs damages sustained by reason of the premises in the petition men
tioned at the sum of fourteen hundred and sixty four dollars and thirty cents. It is
therefore considered by the Court that the said plaintiffs recover of the said defendants
the sum aforesaid as assessed and also their costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
this Bar.
Motion for new trial filed.
Demurrer to amended petition filed.
Depositions for the plaintiffs opened and filed.
Motion to suppress depositions filed.
Alias Summons ordered for defendant
and cause continued.
The Court having duly heard and considered the
Demurrer to the petition herein and being thereof fully
advised doth order that the same be sustained.
The Court having duly heard and considered the Demurrer
to the petition herein and being thereof fully advised doth
order that the same be sustained.
Continued by consent at defendants costs.
Continued by consent.
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney
and thereupon the Court proceeds to hear the proof
herein and the Court, having finished the hearing of the
proof, and being satisfied therefrom of the good conduct of the plaintiff, and
that the plaintiff is an innocent and injured party, doth order adjudge and
decree that she be absolutely and forever divorced from the bonds of matri
money by her contracted with the plaintiff and be restored to all the rights
and privileges of an unmarried person, and that her maiden name
Kennedy
true and lawful name. It is further ordered that the said plaintiff pay the
costs herein and that execution issue therefor.
Decree of Divorce.
Now at this day comes the plaintiff, by his attorney, and thereupon
the Court proceeds to hear the proof herein, and having finished
the hearing of the proof and being satisfied therefrom of the good con
duct of the plaintiff and that the plaintiff is an innocent and injured party it doth
order, adjudge and decree that he be absolutely and forever divorced from the bonds of
matrimony by him contracted with the defendant and be restored to all the rights and
privileges of an unmarried person, and further that the said plaintiff pay
the costs of these proceedings and that execution issue therefor.
Decree of Divorce.
Now at this day comes the plaintiff, by his attorney, and
thereupon the Court proceeds to hear the proof herein and
having duly heard and considered the same and being
satisfied therefrom that the said plaintiff is an innocent and injured party, it
doth order adjudge and decree that he be absolutely and forever divorced from
the bonds of matrimony by him contracted with the said defendant and be re
stored to all the rights and privileges of an unmarried person. It is further ordered
that said plaintiff pay the costs herein and that execution issue therefor.
Appeal from Probate Court.
Now at this day come again the parties by
their respective attorneys and also the Jury
empannelled and sworn herein, and thereupon
the trial of this cause progressed and being
finished the Jurors aforesaid upon their oaths
aforesaid find for the plaintiff assess the damage at the sum of two thousand
and twenty one dollars and forty seven cents. It is therefore considered by the Court
that the said plaintiff recover of the estate of
of
and that a copy hereof be certified to the St Louis Probate Court there to be
proceeded on according to the statue in such case made and provided and that
the plaintiff recover of the said estate his costs herein expended.
It appearing to the Court that the default taken herein on
the
on motion of the plaintiffs, by their attorney, it is ordered
that the same be set aside and for naught held.
Order of Publication. Attachment.
The plaintiffs, by their attorney, file an additional affidavit
herein, from which it appears to the Court that the defen
dant is a non resident of the State of Missouri, it is
therefore, on motion of said plaintiffs attorney, ordered that
he be notified that a civil action has been commenced against him for the sum
of One hundred and eighty eight dollars for services rendered by the plaintiffs,
at the request of the defendant in the transportation of wood and that his prop
erty has been attached, and unless he be and appear at the next term of this
Court to be begun and held at the City of St Louis within and for the County
of St Louis, on the fourth Monday of February next, and on or before the third
day thereof answer the plaintiffs petition judgment will be rendered against him
and his property sold to satisfy the same. It is further ordered that a copy hereof
be published according to law, in the Missouri Republican, a newspaper printed
and published in the City of St Louis.
On Contract.
Now at this day comes the plaintiff, by her attorney and
waiving a Jury submits this cause to the Court upon the
petition and proofs, and the Court having duly heard and
considered the same doth assess the plaintiffs damage sustained by reason of the
premises in the petition mentioned at the sum of fifty two dollars and forty one
cents. It is therefore considered by the Court that the said plaintiff recover of the
said defendant the sum aforesaid as assessed and have execution therefor.
On Contract.
Now at this day comes the plaintiff, by his at
torney, and waiving a Jury, submits this cause
to the Court upon the petition and proofs, and
the Court having duly heard and considered
the same doth assess the plaintiffs damage sustained by reason of the premises
in the petition mentioned at the sum of two hundred and twenty two dollars and
thirty one cents. It is therefore considered by the Court that the said plaintiff
recover of the said defendant the sum aforesaid as assessed and also his costs
herein expended and have execution therefor.
On Contract.
Now at this day comes the plaintiff, by his attorney
and waiving a Jury, submits this cause to the
Court and the Court having duly heard and con
sidered the same doth assess the plaintiffs dam
age at the sum of two hundred and twenty two dollars and twenty four cents.
It is therefore considered by the Court that the said plaintiff recover of the said
defendant the sum aforesaid as assessed and also his costs herein expended and
have execution therefor.
On Plea in Abatement.
Now at this day come the parties, by their respect
tive attorneys, and thereupon come also a Jury
to wit;
Lomert
elected tried and sworn the matters in controversy upon the Plea in Abatement
well and truly to try the trial progressed but not being finished at the hour of
adjournment further proceedings are laid over until to morrow morning.
Now at this day comes the defendant, by
attorney, and enters his appearance to this action.
Court met pursuant adjournment. Present as before.
Depositions for plaintiff and defendant opened and filed.
Default.
Now at this day comes the plaintiff, by his attorney, but the
defendant, although duly summoned and called, comes
not but makes default, wherefore, on motion of the attor
for the plaintiff, it is ordered by the Court that the petition
herein be taken against her as confessed.
Decree of Divorce. Alimony allowed.
Now at this day comes the plaintiff, by her attorney, and thereupon
the Court proceeds to hear the proof herein, and having duly heard
and considered the same and being satisfied therefrom that the
plaintiff is an innocent and injured party, it doth order, adjudge and decree that
she be absolutely and forever divorced from the bonds of matrimony by her contrac
ted with the defendant and be restored to all the rights and privileges of an unmarried
person. And it appearing to the Court that the defendant from his habits and
course of life is an unsuitable person to have the care and control of the child
and decreed that the plaintiff here the care, custody and control of the infant
child aforesaid, and that the said defendant be restrained and enjoined from
interfering with the plaintiff in this behalf until the further order of this Court.
And it is further ordered that the defendant pay the plaintiff the sum of Eighty
dollars per annum payable quarterly in equal instalments on the
uary
the said plaintiff or until the further order of this Court commencing on the first
day of
security for the payment of the said sum of Eighty dollars per annum payable
given to pay the said several sums or either of them at the times the same may
fall due as above directed, that the plaintiff have leave to apply to this Court to
award an execution for the collection thereof, or to enforce the performance of this
decree or order by sequestration of the property of the defendant, or by such other law
ful ways and means as may be according to the practice of this Court and to the
statute in such case made and provided. And it is further ordered by the Court
that the plaintiff recover of the defendant the sum of fifty dollars for her main
tenance and support during the pendency of this suit together with her costs herein
expended and have execution therefor.
Now at this day come plaintiffs by their attorney, and
on their motion it is ordered by the Court that this cause
be dismissed to
van
On note.
Now at this day come the parties by their
respective attorney, and waiving a Jury,
submit this cause to the Court and the
Court doth find from the pleadings
and proofs that the defendant is indebted to the plaintiffs in the sum of ten
hundred and ninety four dollars. It is therefore considered by the Court that the
said plaintiffs recover of the said defendant the sum aforesaid as found and
also their costs herein expended and have execution thereofor. Motion for a new
trial and motion in arrest of judgment filed.
On Plea in Abatement.
Now at this day come again the parties by
their respective attorney, and also the Jury
empannelled and sworn herein, and thereupon
the trial of this cause progressed, but not being
finished at the hour of adjournment further
proceedings herein are laid over until to morrow morning.
Court met pursuant to adjournment. Present as before.
Depositions for Defendants Opened and filed.
Amended petition filed by leave of Court.
Motion for new trial filed.
Motion for Execution filed
Alias Summons and attachment ordered.
Motion to strike out parts of answer filed.
In the matter of said plaintiffs against
Castello
Upon reading the rule made in this cause
on the sixth instant, and no cause being
shown to the contrary on motion of the attorney
for the plaintiffs, It is ordered that the said
County of St Louis, do forthwith pay over to the said plaintiffs, or to
ilton
of the property attached in this cause, and in his hands, the sum of thirteen hun
dred and sixty eight dollars and eighty one cents, being the amount of the Judg
ment recovered by said plaintiffs against the defendant,
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered
by the Court that this suit be dismissed at the costs of
the said plaintiffs and that execution issue therefor.
Continued by consent.
In the matter of said plaintiffs, against
late Sheriff of the County of Saint Louis.
Upon reading the rule made in this cause on the
Sixth instant, and no cause being shown to the contrary
on motion of the attorney for the plaintiffs, It is ordered
that the said
forthwith pay over to the said plaintiffs, or to
of record in this cause, out of the proceeds arising from the sale of the property attached
in this cause, and in his hands the sum of Seven hundred and seventy three and thirty six cents, being the amount of the Judgment recovered by said plaintiffs against the
defendant,
terest damages and costs.
On Plea in Abatement.
Now at this day come again the parties, by their
respective attorneys, and also the Jury empannelled
and sworn herein and thereupon the trial of
this cause progressed but not being finished
at the hour of adjournment further procee
dings herein are laid over until to morrow morning.
Court met pursuant to adjournment. Present as before.
Answer and Offset filed.
Motion to set aside dismissal and affidavit of
Sharp
Answer of
Answer of
W Burd
Separate Answers of
Roselius
Demurrer to amended petition filed.
Affidavit for continuance filed.
Depositions for plaintiff opened and filed.
Depositions for plaintiff opened and filed.
It appearing to the Court that the default taken herein
is erregular, therefore, on motion of the plaintiffs, by their
attorney, it is ordered that the same be set aside and
that an alias Writ of attachment and summons issue herein, returnable to the
next time of this Court.
Assignment of Judgment to
filed.
Motion for appointment of Receiver with drawn, Leave is
given the plaintiff to file an amended petition.
On note.
Now at this day come the plaintiffs, by their
attorney, but the defendants, although duly
summoned and called, come not but make
default, wherefore, on motion of the attorney
for the plaintiffs, it is ordered by the Court that the petition herein be taken against
them as confessed: and the Court finds from the instrument of writing on which
this action is founded that the defendants are indebted to the plaintiffs in the sum
of Nine hundred and eighty four dollars and sixty five cents. It is therefore consid
ered by the Court that the said plaintiffs recover of the said defendants the sum
aforesaid as found and also their costs and charges in this behalf expended and
have execution therefor.
On note.
Now at this day come the plaintiffs by their
attorney, but the defendants, although
duly summoned and called, come not but make
default, wherefore, on motion of the attorney for
the petition herein be taken against them as confessed: and the Court finds from the
instrument of writing on which this action is founded that the defendants are in
debted to the plaintiffs in the sum of Nine hundred and ninety four dollars and
eighty two cents. It is therefore considered by the Court that the said plaintiffs
recover of the said defendants the sum aforesaid in form aforesaid as found and
also their costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney,
and dismisses this suit as to the defendant,
Igel
summoned and called, come not but makes de
fault, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court
that the petition herein be taken against him as confessed: and the Court finds
from the instrument of writing on which this action is founded that the said de
fendant is indebted to the plaintiff in the sum of three hundred and forty four
dollars and nine cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendant,
his costs herein expended and have execution therefor.
Confession of Judgment.
Now at this day come the defendants and file a statement
in writing, duly verified by affidavit, whereby they confess
themselves indebted to the plaintiff in the sum of Six thou
sand six hundred and thirteen dollars and ninety two
cents and consent that judgment may be rendered against
them for that amount. It is therefore considered by the Court that the said
plaintiff recover of the said defendants the sum aforesaid in form aforesaid
as confessed, and also his costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney and thereupon
comes also the defendant by his attorney and withdraws his
answer herein, whereby this suit remains undefended, wherefore
on motion of the attorney for the plaintiff, it is ordered by the Court that the peti
tion herein be taken against the said defendant as confessed: and the Court finds
from the instrument of writing on which this action is founded that the defendant
is indebted to the plaintiff in the sum of two hundred and fifty six dollars and fifty
four cents. It is therefore considered by the Court that the said plaintiff recover of
the said defendant the sum aforesaid as found and also his costs herein expended and
have execution therefor.
On note.
Now at this day come the parties by their respective at
torneys and the defendant withdraws their answer herein
leaving this suit undefended, wherefore, on motion of the
attorney for the plaintiff, it is ordered by the Court that the
petition herein be taken against the said defendants as confessed: and the Court finds
from the instrument of writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of One hundred and ninety one dollars and fifty
four cents. It is therefore considered by the Court that the said plaintiff recover of
the said defendants the sum aforesaid as found and also his costs herein expen
ded and have execution therefor.
On note.
Now at this day come the plaintiffs, by their attorney,
and thereupon come also the defendants, by their attorney
and withdraw their answer herein, leaving this suit
undefended, wherefore, on motion of the attorney for
the plaintiffs, it is ordered by the Court that the peti
tion herein be taken against them as confessed: and the Court finds from the
instrument of writing on which this action is founded that the defendants are in
debted to the plaintiffs in the sum of One hundred and seventy five dollars and
fifty five cents. It is therefore considered by the Court that the said plaintiffs
recover of the said defendants the sum aforesaid as found and also their costs herein
expended and have execution therefor.
On account.
Now at this day come the plaintiffs, by their attorney, and
waiving a Jury submit this cause to the Court upon the petition
and proofs and the Court having duly heard and con
sidered the same doth assess the plaintiffs Damages sus
tained by reason of the premises in the petition mentioned at the sum of two
hundred and eleven dollars and seventy eight cents. It is therefore considered by
the Court that the said plaintiffs recover of the said defendant the sum aforesaid
in form aforesaid as found and also their costs herein expend and have execution therefor.
The Court duly heard and considered the motion to strike
out the amended answer of
overrule the same.
Garnishee discharged.
It appearing to the Court from the answer of the garnishee
that he is not indebted to the defendant in any sum
whatever, it is therefore ordered that the said garni
shee be discharged at the costs of the said plaintiff and
that execution issue therefor.
Continued as on affidavit at defendants costs.
Appointment of Receiver.
Decree of Divorce.
Now at this day comes the plaintiffs, by his attorney, but the
defendant although duly summoned and called, comes
not but makes default, wherefore, on motion of the attorney
for the plaintiff, it is ordered by the Court that the petition herein be taken against
her as confessed; and the Court, after hearing the proof herein, being satisfied that
the plaintiff is an innocent and injured party, doth order adjudge and decree that
he be absolutely and forever divorced from the bonds of matrimony by him con
tracted with the said defendant and be restored to all rights and privileges
for an unmarried person. It is further ordered that the plaintiff pay the costs herein
and that execution issue therefor.
In the matter
late Sheriff of the County of St Louis.
Upon reading the affidavit of
attorney for the plaintiffs, and hearing the counsel of
both parties, It is ordered that the said
late Sheriff of the County of St Louis, shall on the twentieth instant pay over to the
said plaintiffs, or their attorney of record, out of the proceeds arising from the sale
of the property, attached in this cause, the amount of the judgment recovered by said
plaintiffs against said defendant, at the present term of this Court, with interest
damages and costs, or that on said day the said
to the contrary.
Judgments. Replevin.
Now at this day comes the plaintiff, by his attorney, and waiving
a Jury, submit this cause to the Court upon the petition and
and proofs, and the Court doth find from the petition and
proofs that the plaintiff is the owner of the property mentioned in the petition and
doth assess his damages for the unlawful detention o the same at the sum afore
cent. It is therefore considered by the Court that the plaintiff retain the possession
of the said property and that he recover of the said defendant the sum aforesaid
as assessed, and also his costs herein expended and have execution therefor.
Judgment. Replevin.
Now at this day comes the plaintiff, by her attorney and
waiving a Jury, submits this cause to the Court and
the Court having duly heard and considered the same
doth find that the plaintiff is the owner of the property mentioned in the petition
and doth assess her damages sustained by reason of the unlawful detention there
of at the sum of One cent. It is therefore considered by the Court that the plain
tiff retain the possession of the property aforesaid and that she recover of the said
defendant the sum aforesaid in form aforesaid as assessed and also her costs herein
expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney and
dismisses this suit as to the defendant,
defendant,
comes not, whereupon the plaintiff, waiving a Jury, sub
mits this cause to the Court upon the petition and answer, and the Court doth
find therefrom that the defendant,
of One hundred and fifty six dollars and thirty two cents. It is therefore consid
ered by the Court that the plaintiff recover of the said defendant the sum
aforesaid as found and also his costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff and also the defendant
by their respective attorney, and the plaintiff orally moves the
Court to strike out the answer of the defendant and the Court
having duly heard and considered the said motion and being thereof fully advised
doth order that the same be sustained; and the defendant failing further to plead
herein, it is therefore on motion of the attorney for the plaintiff, ordered that the pe
tition herein be taken against him as confessed: and the Court finds from the in
strument of writing on which this action is founded that the defendant is indebted
to the plaintiff in the sum of ten hundred and ninety two dollars and nine cents. It is
therefore considerd by the Court that the said plaintiff recover of the said defendant
the sum aforesaid as found and his costs herein expended and have execution therefor.
Judgment to bear interest at the rate of ten per cent per annum from this date till paid.
On Plea in abatement.
Now at this day come the parties, by their respective at
tourneys, and also the Jury empannelled and sworn herein,
and thereupon the trial progressed and being finished
the Jury aforesaid upon their oaths aforesaid find for the defendant. It is therefore considered by the Court
that the defendant had not, at the commencement of this suit, fraudulently conveyed or assigned his property
or effects so as to hinder or delay his creditons; wherefore, it is ordered by the Court that this suit be dismissed and
that the defendant go hence without day and recover of the plaintiff his costs herein expended and hence execution therefor.
Court met pursuant to adjournment. Present as before.
Amended Answer of
leave of Court.
Motion to suppress depositions filed.
Depositions for the plaintiffs delivered by Notary and
filed.
Motion for new trial filed.
Six thousand dollars with
is approved by the Court.
Motion to strike out parts of petition filed.
Agreement filed and cause continued, as per agreement,
as upon the affidavit of defendants at their costs.
Continued by consent at plaintiffs costs.
Continued as on affidavit at defendants costs.
On motion leave is given the plaintiff to amend his
petition herein.
Proof of Pub. Default.
Now at this day comes the plaintiff by her attorney, and files
proof satisfactory to the Court that the order of publication
heretofore made herein has been duly published according to law;
but the defendant although duly warned and called, comes not but makes default,
wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that
the petition herein be taken against him as confessed.
On note.
Now at this day come the parties, by their respective attorneys,
and the defendant withdraws his answer herein, whereby
this action remains undefended, wherefore, on motion of
the attorney for the plaintiff, it is ordered by the Court that the petition herein be
taken against the said defendant ad confessed: and the Court finds from the
instrument of writing on which this action is founded that the defendant is indebt
ed to the plaintiff in the sum of two hundred and sixty two dollars. It is therefore
considered by the Court that the said plaintiff recover of the said defendant the
sum aforesaid in form aforesaid as found and also his costs herein expended
and have execution therefor.
On contract.
Now at this day comes the plaintiff by his attorney, and
waiving a Jury submit this cause to the Court upon the
petition and proofs and the Court having duly heard and
considered the same doth assess the plaintiffs damages sustained by reason of
the premises in the petition mentioned at the sum of One hundred and four
dollars and fifty seven cents. It is therefore considered by the Court that the
said plaintiff recover of the said defendant the sum of aforesaid as assessed and also
his costs herein expended and have execution therefore.
On note.
Now at this day come the plaintiff and the defendant,
thereupon come also a Jury, to wit;
choff
Stumpf
men who being duly elected, tried, and sworn the issues herein joined well and
truly to try the trail progressed and being finished the Jury retire to consider
of their verdict.
Court met pursuant to adjournment. Present as before.
continued by consent.
Continued by consent.
Continued by consent at plaintiffs costs.
Continued as on affidavit at plaintiffs costs.
Continued as on affidavit at defendants costs.
Continued as on affidavit at defendants costs.
Continued as on affidavit at defendants costs.
Affidavit of endorsement on notes filed.
on motion of a
as a member of this Bar.
Satisfaction.
Plaintiff comes and acknowledges to have received full
and entire satisfaction of the judgment rendered herein
on the
fifty eight
lars and seventy seven cents.
Copy of Order for production of papers and Sheriffs return on
same filed.
Proof of Publication.
Now at this day come the plaintiffs by their attorney, and
files proof satisfactory to the Court that the Order of Pub
lication made herein has been duly published according to law.
Notice of application to pay over money filed.
Motion to file depositions in case of
Depositions for plaintiff filed.
On note.
Now at this day come again the parties by their respective
attorney and also the jury empanelled and sworn herein,
and the Jury aforesaid upon their oaths aforesaid return the
following verdict, to wit: "We the jury find for the plaintiff
in the sum of five hundred and forty two dollars and
seventy cents and find against the defendant as to his counterclaim.
foreman." It is therefore considered by the Court that the said plaintiff recover of
the defendants the sum aforesaid in form aforesaid as assessed and also his costs
herein expended and have execution therefor.
Proof of Publication.
Now at this day come the plaintiffs, by their attorney, and
file proof satisfactory to the Court that the order of publication
made herein has been duly published according to law.
Proof of Publication.
Now at this day come the plaintiffs, by their attorney and
file proof satisfactory to the Court that the order of publica
tion made herein has been duly published according to law.
Proof of Publication.
Now at this day come the plaintiffs, by their attorney, and file
proof satisfactory to the Court that the order of publication
made herein has been duly published according to law.
Proof of Publication.
Now at this day come the plaintiffs, by his attorney and files
proof satisfactory to the Court that the order of publication made
herein has been duly published according to law.
Decree of Divorce.
Now at this day comes the plaintiff, by her attorneys and files a
request to have her maiden name restored to her, and, on motion
of said plaintiff, by her attorneys and the defendant having heretofore
made default, the Court proceeds to hear the proof herein, and having duly heard and
considered the same, and being satisfied therefrom of the good conduct of the plaintiff,
and that the plaintiff is in an innocent and injured party, doth order adjudge and
decree that she be absolutely and forever divorced from the bonds of matrimony by her
contracted with the defendant, and be restored to all the rights and privileges of an
unmarried person and that her maiden name of
and be deemed and taken as her only true and lawful name. It is further ordered
that the defendant pay the costs herein and that execution issue therefor.
Now at this day come the parties, by their respective attorneys,
and waiving a jury, submit this cause to the Court thereupon
the trial of this cause commenced and after some progress
therein the plaintiff says he will not further prosecute this suit. It is therefore considered
by the Court that the said plaintiff take nothing by his suit herein, but that the
defendant go hence without day and recover of the said plaintiff his costs herein expen
ded and have execution therefor.
On Bond.
Now at this day come the parties, by their respec
tive attorneys and thereupon come also a Jury
to wit:
Hubbard
Twillman
being duly elected tried and sworn the issues herein joined well and truly to try the
trial progressed and after some progress the plaintiff, by leave of Court, amends
his petition, by striking out, on the third page thereof, the words, "and also by the loss of
time and being thrown out of employment," and thereupon the trial further progressed
and being finished the Jury retire to consider of their verdict.
Now at this day comes the plaintiff, by his attorney and
waiving a jury submits this cause to the Court upon the
petition and proofs, and the Court having duly heard and
considered the same doth assess the plaintiffs damages sustained by reason of the
premises in the petition mentioned at the sum of two hundred and five dollars and
sixty six cents. It is therefore considered by the Court that the said plaintiff recover
of the said defendant the sum aforesaid in form aforesaid as aforeside and also
his costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
Continued by order
of Court.
Motion to dismiss suit filed.
Depositions for the plaintiffs opened and filed.
Depositions for the plaintiffs opened and filed.
By consent of parties it is ordered by the Court that the dis
missal of this cause be set aside and for naught held. The plain
tiff withdraws his motion to set aside the dismissal.
Order for Delivery.
The plaintiffs come and file a petition and
affidavit according to law, claiming the pos
session of certain personal property therein
described; wherefore it is ordered that the
defendants deliver the property specified in
said petition to the
, if said property be not delivered to him to take it from the defendants and deliver it
to the plaintiffs.
Confession of Judgment.
Now at this day comes the defendant and files a statement in
writing duly verified by affidavit, whereby he confesses himself
indebted to the plaintiff in the sum of two hundred and fifty
dollars. and consents that judgment may be rendered against him for that amounts.
It is therefore considered by the Court that the plaintiff recover of the defendant the
sum aforesaid as confessed and also his costs herein expended and have execution therefor.
On account.
Now at this day comes the plaintiffs, by their attorney, but their attorney, but the
defendant, although duly notified and called comes not but
makes default, wherefore, on motion of the plaintiffs attorney
it is ordered by the Court that the petition herein be taken
against him as confessed: and the plaintiffs, waiving a Jury, submit this cause to the Court
upon the petition and proofs, and the Court having duly heard and considered the same
doth assess the damages sustained by the plaintiffs by reason of the premises mentioned in their
petition at the sum of one hundred and sixty two dollars and ninety two cents. It is there
fore considered by the Court that said plaintiffs recover of said defendant the sum
aforesaid in form aforesaid as assessed and their costs and charges herein expended
and have execution therefor.
Leave is given the defendants to amend the answer herein
by inserting the names "
immediately after word "defendant" and before word
"aver" on the second page of said answer, which amendment
is according by made.
Petition on Judgments.
Now at this day comes the plaintiff, by his attorney, and waiving
a Jury submits this cause to the Court upon the petition, ex
hibits and proofs and the Court having duly heard and considered
the same, doth assess the plaintiffs damages sustained by reason of the premises
in the petition mentioned at the sum of Eleven hundred and seventy nine dollars and
fourteen cents. It is therefore considered by the Court that the plaintiff recover of
the said defendant the sum aforesaid as assessed and also his costs herein expended and
have execution therefor.
On notes.
Now at this day come the parties by their respective attorneys,
and the defendant withdraws his answer herein whereby this suit
remains undefended, wherefore it is ordered by the Court that
the petition herein be taken against him as confessed; and the Court finds from the
instruments of writing on which this action is founded that the defendant is indebted
to the plaintiff in the sum of twenty six hundred and eight dollars and thirty six
cents. It is therefore considered that the said plaintiff recover of the said defendant
the sum aforesaid in form aforesaid as found and also his costs herein exp
ended and have execution therefor. Judgment to bear interest at the rate of two per
cent per month from this date until paid.
Confession of Judgment.
Now at this day comes the defendant and files a statement
in writing duly verified by affidavit, whereby he confesses
himself indebted to the plaintiffs in the sum of One hun
dred and thirty two dollars and fifty cents and consents that
judgment may be rendered against him for that sum. It is therefore considered
by the Count that the said plaintiffs recover of the said defendant the sum aforesaid
as confessed and also his costs herein expended and have execution therefore.
Proof of Publication. Default.
Now at this day comes the plaintiff, by her attorney, and files
proof satisfactory to the Court that the order of publication
made herein has been duly published according to law, but
the defendant although duly notified and called comes not but makes default;
wherefore, on motion of the attorney for the plaintiff it is ordered by the Court
that the petition herein be taken against him as confessed.
Continued by order of Court.
vs
Now at this day come the parties, by their re
spective attorneys, and also the jury empannelled
and sworn herein, and the Jury aforesaid upon
their oaths aforesaid find for the plaintiff and
assess the damages at the sum of One hundred
dollars. It is therefore considered by the Court that the said plaintiff recover of the
said defendants the sum aforesaid in form aforesaid as assessed and also him costs
herein expended and have execution therefor. Motion for a new trial filed by
the plaintiff.
Trial on plea in abatement.
Now at this day come the parties by their
respective attorneys and thereupon come also
a Jury, to wit;
Stumpf
ing
twelve good and lawful men who being duly elected tried and sworn the matter in
controversy upon the plea in abatement well and truly to try the trial progressed but
not being finished further proceedings are laid over until tomorrow morning.
Answer filed by leave of Court.
Court met pursuant to adjournment. Present as before.
Reply to Offset filed.
answer and Counter claim filed by consent.
Amended petition filed.
Motion for new
trial filed.
Deposition for plaintiff opened and filed
Continued by order of Court.
Continued by consent.
Continued by consent of parties.
Continued by consent of parties.
Deposition for defendants opened and filed.
Amended petition filed.
agreement filed and twenty days additional time
given to answer by consent.
By consent of parties plaintiff gives
additional security on the attachment bond herein.
Confession of Judgment. Now at this day comes the defendant and files a state
ment in writing duly verified by affidavit, whereby he
confesses himself indebted to the plaintiff in the sum
of five hundred and seventy five dollars, and consents
that judgment may be rendered against him for that sum. It is therefore consid
ered by the Court that the said plaintiff recover of the said defendant the sum afore
said as confessed and also his costs herein expended and have execution therefor.
Order for Delivery.
The plaintiff comes and files a petition and affidavit
according the law claiming the possession of certain per
sonal property therein described; wherefore, it is ordered
that the defendants deliver the property specified in said
petition to the Sheriff of St Louis Country, and said Sheriff is hereby directed if
said property be not delivered to him to take it from the defendants and deliver
it to the plaintiff.
Now at this day comes the attorney for the plaintiff and
suggests to the Court the death of
the plaintiff herein since the commencement of this suit, and the Court being satisfied
of the decease of said
the other and surviving plaintiffs. Demurrer filed by City to amended petition. An
swer of
On plea in abatement.
Now at this day come again the parties
by their respective attorneys, and also the
Jury empanelled and sworn herein, and
thereupon the trial progressed but not
being finished further proceedings herein
are laid over until Monday morning.
Court met pursuant to adjournment. Present as before.
is, on motion of
rolled as a member of this Bar.
Continued by consent.
Depositions for plaintiffs opened and filed.
Dismissal.
On motion of the plaintiff by their attorney, it is ordered
that this suit be dismissed at the costs of said plaintiffs
and that execution issue therefor.
Answer of
Answer of
answer of
Claim of
filed.
On account.
Now at this day comes the plaintiff by his attorney and it ap
pearing to the Court that the defendant has failed to answer
the amended petition herein, it is therefore on motion of the
attorney for the plaintiff, ordered that the said amended petition be taken against
him as confessed; and the plaintiff, waiving a Jury, submits this cause to the Court
upon the pleadings and proofs, and the Court having duly heard and considered
the same doth assess the plaintiff damages sustained by reason of the premises
in said amended petition mentioned at the sum of two hundred and sixty three
dollars and seventy five cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendant the sum aforesaid as assessed and also his
costs herein expended and have execution therefor.
On Plea in abatement. Now at this day come the again the
parties by their respective attorneys, and
also the Jury empanelled and sworn
herein, and thereupon the trial progressed
but not being finished further procee
dings are continued until tomorrow morning.
Court met pursuant to adjournment. Present as before.
is, on motion of
ber of this Bar
amended answer filed.
answer of Louis a La Beaume filed.
Pluries Summons ordered for
cause continued.
Continued.
Order of Publication.
The Sheriff having made return that the defendants
bert Jacoby
that process cannot be served upon him, therefore, on motion
of plaintiff attorneys, it is ordered that he be notified that a
civil action has been commenced against the defendants for the sum of one thousand
and eighty two dollars and thirteen cents for money advanced to them by the plain
tiff, and unless he be and appear at the next term of this Court, to be holder at the
City of St Louis, within and for the County of St Louis on the fourth Monday of Feb
ruary next and on or before the Sixth day thereof answer the plaintiff petition, the
same will be taken against him as confessed. It is further ordered that a copy
hereof be published according to law in the Missouri Republication a newspaper
pointed and published and published in the City of St Louis. cause continued.
Order of Publication.
The Sheriff having made return that the
defendant cannot be found and the
Court being satisfied that process can
not be served upon her, therefore, on
motion of plaintiff attorney, it to ordered by the Court that she be notified
that a civil action has been commenced against her to recover the possession of two
negro slaves
and also to recover the sum of one hundred dollars damages, and that unless. She be
and appear at the next term of this Court to be begun and held at the City of
St Louis within and for the County of St Louis on the fourth Monday of February next
and on or before the sixth day thereof answer the plaintiff petition the same will be
taken against her as confessed. It is further ordered that a copy hereof be published
according to law in the Missouri Democrat a newspaper printed and published
in the City of St Louis.
Alias Summons ordered for
Order for Delivery.
The plaintiff comes and files a petition and affidavit according
to law claiming the possession of certain personal property therein
described; wherefore it is ordered that the defendant deliver the
property specified in said petition to the Sheriff of St Louis County, and said Sheriff is
hereby directed, if said property be not delivered to him to take from the defendant and
deliver it to the plaintiff.
On Plea in abatement.
Now at this day come again the parties, by their re
spective attorneys, and also the Jury empannelled and
sworn herein, and thereupon the trial progressed
and being finished the Jury aforesaid upon
their oaths aforesaid find for the defendant.
It is therefore considered by the court that the defendant had not fraudulently
conveyed or assigned his property or effects, at the commencement of this suit, so as to
hinder or delay his creditors; wherefore it is ordered by the Court that the said de
fendant go hence without day and recover of the said plaintiffs his costs herein ex
pended and have execution therefor.
Continued by consent of parties.
Continued on affidavit at defendants costs.
On note.
Now at this day come the parties by their respective attorneys, and
the defendant withdraws his answer herein leaving this suit undefended
, wherefore on motion of the attorney for the plaintiff, it is ordered
by the Court that the petition herein be taken against him as confessed and the Court
finds from the instrument of writing on which this action is founded that the defen
dant is indebted to the plaintiff in the sum of two hundred and ten dollars and
seventy three cents and on third of a cent. It is therefore considered by the Court that
the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as
found and also his costs herein expended and have execution therefor.
On note. Final judgment.
Now at this day comes the plaintiff, by his attorney
and dismisses this suit as to the defendant, Shelly;
and the Court finds from the instrument of
writing on which this action is founded that the
defendants
debted to the plaintiff in the sum of three hundred dollars and sixty six cents. It is
therefore considered by the Court that the said plaintiff recover of the said defendants
the sum aforesaid in form aforesaid as found and also his costs herein expended and
have execution therefor. By leave of Court the plaintiff withdraws the note sued on and
files a copy thereof.
Appeal from Probate Court.
Now at this day comes the plaintiff by his attorney, but
the defendant although duly called comes not, wherefore
on motion of the plaintiff, by his attorney, it is ordered
by the Court that the judgment of the St Louis Probate
Court be and the same is hereby affirmed. It is therefore considered by the
Court that the plaintiff recover of the estate of the said
his Executrix
eighty five cents, being the amount of the judgment of the Probate Court and also
his costs herein expended; and it is further ordered that the foregoing judgment
be certified to the Probate Court of St Louis County.
Court met pursuant to adjournment. Present as before.
amended petition filed.
Separate answer of
petition filed.
Now at this day comes the plaintiff, by its attorney,
and files a petition; thereupon comes the defendant by
his attorney and waiving the issue and service of
process, enters his appearance to this action; wherefore it
is ordered by the Court that this cause be docketed as of this term answer filed.
The Court having duly heard and considered the motion
to file in this cause the Depositions taken in the case of
Billings against Fink and being thereof fully advised doth
sustain the said motion; and the Court having also duly
heard and considered the motion to strike out parts of the defendants answer and
being thereof fully advised doth order that the said motion be sustained. The defen
dants file a Bill of Exceptions. Depositions in the case of Billings against
filed.
motion for a new trial filed.
Now at this day comes
the assignee herein, and on his motion it is
ordered that the order of sale heretofore made
herein be so changed and amended as to direct the said assignee to proceed,
after the expiration of thirty days from the date upon which said order of sale was
made, to sell the goods wares and merchandise to him assigned, at publica
tion to the highest and best bidder, upon the following terms, to wit: all sales for
sums of two hundred and fifty dollars and under to be cash sales, and on all
sales made for sums above two hundred and fifty dollars a credit of three months
to be given, the purchaser giving a note with good and responsible endorser or en
dorsers to the satisfaction of the assignee.
On Plea in abatement.
Now at this day come the parties by their respective attor
neys, and thereupon come also a jury to wit:
Bokenkamp
Blager
good and lawful men, who being duly elected tried and sworn the issues herein
joined upon the plea in abatement well and truly to try the trial progressed and
being finished the jury retire to consider of their verdict.
Appeal from Probate Court.
Now at this day come the parties by their respective
attorneys and, by their consent, it is ordered by the
Court that the judgment rendered herein be set
aside and for naught held: and neither party
requiring a Jury, this cause is submitted to the Court upon the pleadings and
proofs and the Court having duly heard and considered the same doth find for
the plaintiff and assess his damages at the sum of One hundred and twelve
dollars and twenty cents. It is therefore considered by the Court that the plain
tiff recover of the estate of the said
lotte Lay
his costs herein expended; and it is further ordered that the foregoing judgment
be certified to the Probate Court of St Louis County.
On note.
Now at this day come the parties by their respective attorneys
and waiving a Jury submit this cause to the Court upon
the petition answer and proofs, and the Court having
duly heard and considered the same doth find for the
plaintiff and assess his damages at the sum of twelve hundred and eighty one dollars
and seventy cents. It is therefore considered by the Court that the said plaintiff
recover of the said defendants the sum aforesaid in form aforesaid as assessed and
also his costs herein expended and have execution therefor.
On note.
Now at this day come the parties by their respective attorneys, and
waiving a Jury submit this cause to the Court upon the pleadings
and proofs and the Court doth find therefrom that the defendant
is indebted to the plaintiff in the sum of two hundred and forty three dollars and
twenty eight cents. It is therefore considered by the Court that the said plaintiff re
cover of the said defendant the sum aforesaid in form aforesaid as found and also his
costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered
by the Court that this suit be dismissed at the costs
of the said plaintiffs and that execution issue therefor.
Leave is given the plaintiffs to withdraw Bill of Exchange.
Dedimus to Ohio for plaintiff.
Deed from Ward and Page and wives to
Order for Delivery.
The plaintiffs come and file a petition and affidavit accor
ding to law, claiming the possession of certain personal property
therein described; wherefore it is ordered that the defendant
deliver the property specified in said petition to the Sheriff of
St Louis County and said Sheriff is hereby directed, if said property be not delivered
to him to take it from the defendant and deliver it to the plaintiff.
Mistrial. Jury discharged.
Now at this day come again the parties by their respective attor
neys and also the Jury empannelled and sworn herein, and the
Jury aforesaid upon their oaths aforesaid say they are unable
to agree upon a verdict; wherefore it is ordered by the Court
that the Jury aforesaid be discharged and that this cause be continued until the
next term of this Court.
Now at this day come the parties by their respective
attorneys, and waiving a Jury submit this cause to
the Court upon the pleadings and proofs, and the
Court having duly heard and considered the same
doth find for the plaintiff and assess its damages
sustained by reason of the premises in the petition mentioned at the sum of twelve
hundred and fifty dollars and sixty cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendant the sum aforesaid in form afore
said as assessed and also its costs and charges herein expended and have
execution therefor.
Continued by consent of parties.
Now at this day come the parties by their respective attorneys
and thereupon come also a Jury to wit:
Feldman
and
sworn the issues herein joined well and truly to try the trial progressed but not being
finished further proceedings are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
and acknowledges the execution of a deed of emancipation
to his negro slave, name
feet seven inches in heights.
acknowledges the execution of a deed of emancipation to his ne
gro slave, name John, twenty two years of age, of a brown color about five feet
seven and one half inches in height, has a mark under the right ear and stutters in
his conversation.
and acknowledges the execution of a Deed of emancipation
to his negro slave, name Delia, twenty nine years of age, of a mulatto color, about five feet
in height, and her son Andrew, ten years of age, of mulatto color.
and acknowledges the execution of a Deed of Emancipation
to the following named negro slaves, to wit:
light brown color, five feet three inches in height, and has a scar about an inch in
length under the left jaw; and her son
and acknowledges the execution of a Deed of Emancipation to
his negro slaves,
five feet three inches in height, and has a scar in her right ear, and her three
children,
of mulatto color, and
nowledges the execution of a deed of emancipation to his negro slave
ches in height, rather heavy made.
Court and acknowledges the execution of a deed of
emancipation to his negro slaves,
five feet one inch in height, and crippled in two fingers of the right hand, and her
three children,
fourteen years of mulatto color, and
the execution of a deed of Emancipation to
copper color and of medium height.
Order of Publication.
The Sheriff having made return that the defendant can
not be found, and the Court being satisfied that process cannot be served upon him, therefore on motion of plaintiffs
attorney, it is Ordered-That he be notified that a civil action has been commenced
against him for the seen of thirty nine hundred and sixty nine dollars and twenty four
cents, founded on a note, and that his property has been attached, and unless he be and
appear at the next term of this Court to be begun and held at the City of St Louis with
in and for the County of St Louis on the fourth Monday of February next, and on or
before the third day thereof answer the plaintiff petition, judgment will be rendered against
him and his property sold to satisfy the same. It is further ordered that a copy hereof
be published according to law in the Saint Louis Evening News a newspaper printed
and published in the City of Saint Louis.
Order of Publication as to Nelson and wife.
Now at this day comes the attorney for the complainants
and suggests to the Court that since the order for scire
facias to being in the widow and heir of
deceased, made at a former day,
F Wright
his only heir at law and it being satisfactorily shown that the said
termarried with
Missouri, it is on motion of said complainants attorney, ordered that they be notified
that a suit is now pending in the St Louis Circuit Court, the object of which is to obtain
a decree passing the title of certain land described in complainants bill from the
heirs of
as Wright
they be and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County
of St Louis on the fourth Monday of February
next and on or before the sixth day thereof answer the bill of complaint herein the same
will be taken against them as confessed. It is further ordered that a copy hereof be
published according to law in the Missouri Republican a newspaper printed and
published in the City of St Louis.
Order of Publication.
Now at this day comes the plaintiff by her attorney, and files
herein her petition and affidavit, from which it appears
that the defendant is not a resident of the State of Missouri
wherefore, on motion it is ordered by the Court that the defendant be notified that
a civil action has been commenced him in this Court, by the plaintiff, the object of
which is to obtain a decree of divorce from the bonds of matrimony by her contracted
with the defendant; and that unless he be and appear at the next term of this Court
to be begun and held in the City of St Louis, within and for the County of St Louis
on the fourth Monday of February next and on or before the sixth day of said term answer to the said action, the petition of
said plaintiff will be taken against him as confessed. And it is further ordered that
a copy hereof be published according to law in the St Louis Evening News a newspaper
printed and published in the City of St Louis.
Garnishment.
Now at this day come the plaintiff and the garnishees,
it appearing to the Court from the answer of the garnishee,
D Ludden
he be discharged at the costs of the said plaintiff and that the sum of ten dollars
be allowed him for answering herein; and it appearing to the Court from the answer
of the said garnishee
such he had in his possession belonging to said defendant,
sum of sixteen hundred and fifty dollars, It is therefore considered by the Court
that the plaintiff recover of the said garnishee the sum aforesaid as confessed and
have execution therefor, and that out of said sum he pay the costs of this proceeding.
The sum of forty dollars is allowed said garnishee for answering herein. Thereupon
the plaintiff, by his attorney acknowledges to have received full and entire satisfac
tion of the foregoing judgment, and the said garnishees, by their attorneys acknowl
edge the receipt of their respective allowances above made.
The Court having duly heard and considered the motion
for a new trial herein and being thereof fully advised
doth order that the same be overruled. Bill of Excep
tion filed. Application of defendants filed to have defendants share set off in
one lot together.
Proof of Publication of assignees notice to
creditors filed.
Motion for new trial filed.
Answer of
Continued by consent.
Now at this day come again the parties, by their respective
attorneys, and also the Jury empannelled and sworn herein
and thereupon the trial of this cause progressed but not
being finished further proceedings are laid over until Monday Morning.
Court met pursuant to adjournment. Present as before.
Motion to quash Sheriffs Return on amended petition filed.
Until the
answer the amended petition herein.
Interplea of
Deposition for plaintiffs opened and filed.
Motion to discharge garnishee filed.
Motion for a new trial, affidavit in support
of motion for a new trial, and also transcript of
judgment filed.
Notice served on
Now at this day come the parties again by their respective attorneys, and
also the Jury empannelled and sworn herein and thereupon the
trial of this cause progressed but not being finished further procee
dings are laid over until tomorrow morning.
On note.
Now at this day comes the plaintiff, by his attorney, but the
defendant although duly summoned and called comes not
but makes default, wherefore, on motion of the plaintiff by
his attorney, it is ordered by the Court that the petition herein be taken against
the said defendant as confessed; and the Court finds from the instrument of writing
on which this action is founded that the defendant is indebted to the plaintiff
in the sum of three hundred and thirty two dollars and ten cents. It is there
fore considered by the Court that the said plaintiff recover of the said defendant
the sum aforesaid as found and also his costs herein expended and have execution
therefore against the property attached at the commencement of this suit.
Garnishment.
Now at this day comes the plaintiff by his attorney
and dismissed this proceeding as to
but the other garnishee although duly called comes
not nor hath he answered the interrogatories herein,
wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that
the interrogatories be taken against him as confessed: and the plaintiff, waiving a Jury
submits this cause to the Court upon the interrogatories and proofs, and the Court
doth find therefore that the said
R Lassell
hundred and seventeen dollars. It is therefore considered by the Court that the
said plaintiff recover of the said garnishee the sum aforesaid in form aforesaid
as found and have execution therefore, and that out of said sum the plaintiff
pay the costs of the original suit as well as of the proceeding.
Order of Injunction.
The plaintiff by his attorney, comes and files
a petition herein and the Court having duly
heard and considered the application in the
petition for a restraining order, doth order that the defen
dants
and each of them, their servants agents, and attorneys be restrained and enjoined, until
the further order of this Court, form selling or offering for sale and from making any
deed for a certain tract or parcel of land situate lying and being in the County of
Marion State of Missouri, beginning at the lower corner of the town of Portscipio
as designated by the plat of the same, and running up and with the boundary of the
Mississippi River to a point where a crack or branch crosses said tract of Portscipio
and running up said branch in the middle of the same with a straight line
commencing at a point at the edge of the water on the Mississippi River and running back from said river until it strikes near boundary of said town of
Portscipio, thence with said boundary to a diagonal line and with said line to the
point of beginning on the Mississippi river; Provided however that the said
thousand dollars with good and sufficient security conditioned according
to law. The plaintiff files a bond with
is approved by the Court.
Order of Publication. Attachment.
It appearing to the satisfaction of the Court from the affidavit of the
plaintiff that the defendants are not residents of the State of
Missouri, therefore on motion of plaintiffs attorney, it is ordered
by the Court that they be notified that a civil action has been
commenced against them founded on two notes for the sum of sixteen hundred and nine
dollars and seventy one cents, and their property has been attached and unless they be and ap
pear at the next term of this Court to be begun and held at the City of St Louis, within and
for the County of St Louis on the fourth Monday of February next, and on or before the third
day thereof answer the plaintiff petition, judgment will rendered against them and their
property sold to satisfy the same. It is further ordered that a copy hereof be published, accor
ding to law in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
Court met pursuant to adjournment. Present as before.
Deposition for plaintiff opened and filed.
an application for further time to file an inven
tory herein, and on his motion fifteen days further
time is given him to file such Inventory.
Order of Publication.
It appearing to the satisfaction of the Court from the affidavit
of the plaintiff that the defendant is a non resident of the State of
Missouri, therefore on motion of said plaintiffs attorney
it is ordered by the Court that she be notified that a civil action has been commenced
against her to obtain a decree of divorce, and that unless she be and appear at the
next term of this Court to be begun and held at the City of St Louis within and
for the County of St Louis on the fourth Monday of February next and on or be
before the Sixth day thereof answer the plaintiffs petition the same will be taken
against her as confessed. It is further ordered that a copy hereof be published
according to law in the St Louis Morning Herald a newspaper printed and pub
lished in the City of St Louis.
Attachment. Order of Publication.
The plaintiff by his attorney, comes and files a petition and
affidavit from which it appears that the defendant is a non
resident of the State of Missouri; therefore, on motion of plain
tiffs attorney, it is ordered by the Court that he be notified that a civil action has
been commenced against him for the sum of four hundred and eighty six dollars
and fifty cents, founded on two notes, and that his property has been attached and
unless he be and appear at the next term of this Court to be begun and hed at
the City of St Louis within and for the County of St Louis on the fourth Monday of
February next, and on or before the third day thereof answer the plaintiffs petition judg
ment will be rendered against him and his property sold to satisfy the same.
It is further ordered that a copy hereof be published according to law in the Missouri
Democrat a newspaper printed and published in the City of St Louis.
Dismissal.
On motion of the plaintiff by its attorney it is ordered
by the Court that this suit be dismissed at the costs
of the said plaintiff and that execution issue therefor.
Order of Publication. Attachment.
The plaintiff by his attorney comes and files a petition and
affidavit from which it appears that the defendants are
non residents of the State of Missouri, therefore on motion
of plaintiffs attorney it is ordered that they be notified that
a civil action has been commenced against them for the sum of One hundred and
eighty two Dollars and ten cents on account of work done for and goods wares and
merchandise sold and delivered to them and one
that their property has been attached and unless they be and appear at the next term
of this Court to be begun and held at the City of Saint Louis within and for the County
of St Louis and on or before the third day thereof answer the plaintiffs petition judgment
will be rendered against them and their property sold to satisfy the same. It is further ordered that a copy hereof be published according to law in the Missouri Dem
ocrat a newspaper printed and published in the City of St Louis.
Now at this day come again the parties by their respective attor
neys and also the Jury empannelled and sworn herein, and
thereupon the trial progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess
his damages at the sum of twenty five hundred dollars. It is therefore considered
by the Court that the said plaintiff recover of the said defendants the sum aforesaid in
form aforesaid as assessed and also his costs herein expended and have execution
therefor.
On Plea in abatement.
Now at this day come the parties by their respective attor
neys and thereupon come also a Jury, to wit:
Ustick
who being duly elected tried and sworn the issue joined upon the Plea in abate
ment well and truly to try the trial progressed but not being finished at the
hour of adjournment further proceedings are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
On motion of the plaintiff by his attorney, and it appear
ing to the Court from the answer of said garnishee that at
the time he was summoned herein he was not indebted
to the defendant in any sum whatever, it is ordered that
he be discharged at the costs of said plaintiff and that execution issued therefor.
Ten dollars is allowed said garnishee for answering herein.
Motion to set aside judgment by default and affidavit in support thereof filed.
Depositions for defendants opened and filed.
Continued.
Dedimus to Illinois for plaintiff.
Motion and affidavit for continuance filed by defen
dant.
Until the sixth instant is given Phillips to file
claim under assignment of
by him committed in speaking to
and during the session of the Court the following words to wit: "if you state that again I will knock you down."
Order of Sale.
and files a statement from which it appears that the kee
ping of the property attached under the writ herein will
be attended with much expense before the probable termi
nation of this suit and is likely to depreciate in value; it is
therefore ordered that said Sheriff sell said property accor
ding to law, and that he make a report of his proceedings under this order on or before the
first day of the next term of this Court.
On motion of the defendant by his attorney, it is or
dered by the Court that Execution issue against the
plaintiff for the amount of the judgment obtained by
the defendant against the plaintiff.
Now at this day come again the parties by their respective
attorneys and also the Jury empannelled and sworn herein
and thereupon the trial progressed and being finished the
Jury retire to consider of their verdict.
Court met pursuant to adjournment Present as before.
motion for new trial filed.
Reply filed.
Reply filed.
and in open Court acknowledges to have received full
and entire satisfaction of the judgment rendered herein on
the
for the sum of five hundred and thirty dollars and sixty six cents, nunc pro tune as of
the
Answer and counterclaim filed by consent.
On note.
Now at this day come the plaintiffs by their attorney
and dismiss this suit as to the defendant
Leone
moned and called, comes not but makes default,
wherefore on motion of the attorney for the plaintiff it is
ordered by the Court that the petition herein be taken against him as confessed; and
the Court finds from the instrument of writing on which this action is founded
that the defendant is indebted to the plaintiff in the sum of three hundred and
eleven hundred dollars and eighty cents. It is therefore considered by the Court
that the said plaintiffs recover of the said defendant the sum aforesaid in form
aforesaid as found and also their costs herein expended and have execution therefor.
On Plea in Abatement.
Now at this day come again the parties by their respec
tive attorneys, and the Jury empannelled and sworn
herein also come, and the Jury aforesaid upon their on the
aforesaid find for the defendants. It is therefore consid
ered by the Court that at the commencement of this suit the defendants had
not fraudulently conveyed and assigned their property and effects, and that they had
not fraudulently concealed removed and disposed of their property and effects, and
that they were not about fraudulently to convey, conceal remove and dispose of their prop
erty and effects so as to hinder and delay their creditors: wherefore it is ordered by the
Court that the said defendants go hence without day and recover of the said plain
tiff their costs herein expended and have execution therefor.
Now at this day come the parties by their respective attorneys
and waiving a Jury submit this cause to the Court upon
the pleadings and proofs and the Court having duly heard
and considered the same doth find for the plaintiff and assess its damages
sustained by reason of the premises in the petition mentioned at the sum of three
hundred and eighty nine dollars and fifty five cents. It is therefore considered
by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form afore
said as assessed and also its costs herein expended and have
execution therefor.
Order for Production of Papers.
On motion of
of
St Louis Probate Court produce forthwith the
following papers on file in the Clerk's Office of said Probate Court, to wit: all the
inventories filed by
several annual statements accounts, and the final settlements; also, the vouchers and
receipts charged by said Executor against said estate and all other documents, exhib
its and papers touching the administration of said estate remaining in the Clerks Of
fire of said Probate Court to be used in the trial of this cause.
Motion to enter judgment filed.
Judgment. Replevin.
Now at this day come the parties by their respective
attorneys and thereupon come also a Jury, to wit:
Conner
Woods
twelve goods and lawful men, who being duly elected tried and sworn the issues herein
joined well and truly to try the trial progressed and being finished the Jury afore
said upon their oaths aforesaid find for the plaintiffs and assess their damages at the
sum of one cent. It is therefore considered by the Court that the said plaintiffs
retain the possession of the property mentioned in the petition and delivered to them by
the Sheriff and that they recover of the said defendants the sum aforesaid in form
aforesaid as assessed and also their costs herein expended and have execution therefor.
Now at this day come the parties by their re
spective attorneys and thereupon come also a
Jury to wit;
,
duly elected tried and sworn the issues herein joined well and truly to try the
trial progressed and after some progress therein the plaintiff, by leave of Court,
withdraws all claim for damages on bond for the sum of five hundred dollars,
and elects to proceed on bond for the sum of Six hundred and thirty dollars and
thereupon the trial further progressed but not being finished further proceedings
are laid over until tomorrow morning.
Dismissal.
On motion of the attorney for the plaintiff it is ordered by the
Court that this suit be dismissed at the costs of the plaintiff and
that execution issue therefor.
On motion of
time for selling the goods wares and merchandise
assigned is extended thirty days.
Alias Summons ordered.
Court met pursuant to adjournment. Present as before.
which appointment is approved by the Court, and thereupon the said
Montfort
Dedimus to Illinois for defendants.
Motion for new trial filed by defendants.
Claim of
Answer of Garnishee filed.
Motion to strike out parts of amended answer filed.
Change of Venue.
Now at this day come the defendants, by their attorney, and
file a petition for a change of venue, and the Court, hav
ing duly heard and considered the same, doth order that
this cause be transferred to the St Louis Court of Common
Pleas for trial, and that the Clerk of this Court make out a full true and
complete transcript of the record and proceedings herein and deliver the same
duly certified to the Clerk of said St Louis Court of Common Pleas.
Now at this day come again the parties
by their respective attorneys, and also
the Jury empanelled and sworn herein
and thereupon the trial of this cause
progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at
the sum of six hundred and forty eighty dollars and fifty eight cents. It is therefore con
sidered, by the Court that the plaintiff recover of the defendant the sum aforesaid as
assessed, and also his costs herein expended and have execution therefor. Thereupon the
plaintiff by his attorney, remits the sum of one hundred and seven dollars and twenty three cents of the above judgment.
This Court having no jurisdiction in this cause it is
ordered that the same be dismissed at the costs of
the plaintiff and that execution issue therefor.
Continued.
Continued by order
of Court.
Motion to strike out answer and for judgment
filed.
On note Now at this day come the plaintiff and the defen
dant,
waiving a Jury submit this cause to the Court upon
the pleadings and proofs and the Court doth find
therefrom that the defendants are indebted to the plaintiff in the sum of nine
hundred and twenty three dollars and ten cents. It is therefore considered by
the Court that the said plaintiff recover of the said defendants the sum afore
said inform aforesaid as found and also his costs herein expended and
have execution therefor.
Now at this day come the parties by their respective
attorneys and thereupon the trial of this cause progressed
and being finished the Court takes the same under
advisement.
Now at this come the parties by their respective
attorneys and thereupon come also a Jury, to wit
,
Woods
sworn the issues herein joined well and truly to try the trial progressed
and being finished the Jury aforesaid upon their oaths aforesaid find for the
defendant. It is therefore considered by the Court that the said plaintiff
take nothing by her suit in this behalf but that the said defendant go hence
without day recover of the plaintiff his costs herein expended.
Continued as on affidavit at defendants costs on
account of the absence of
Court met pursuant to adjournment. Present as before.
Affidavit of
Alias Summons ordered for
Motion to set aside verdict filed.
Demurer to Counterclaim filed by consent.
By consent of parties it is ordered by the Court that
the garnishee herein be discharged at the costs of the
said garnishee and that execution issue therefor.
Separate affidavits of
The Court having duly heard and considered the
motion to strike out parts of the petition and being
thereof fully advised doth sustain the same. Leave is given the plaintiff to amend.
The Court having duly heard and considered the motion to
strike out parts of the petition and being thereof fully advised doth overrule the same.
Continued by consent at plaintiffs costs.
The Court having duly heard and considered the demurrer
herein and being thereof fully advised doth overrule the same.
Ordered that a dedimus issue for the plaintiff to the United States
Consul at Leipoic, Sapony, and also to United States Consul at
City of
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered
by the Court that this suit be dismissed at the costs of the
said plaintiff and that execution issue therefor.
Judgment. Relpevin.
Now at this day come the parties, by their respective attorneys,
and file a statement of agreed facts, and waiving a Jury
submit this cause to the Court upon the pleadings and agreed
facts and the Court having duly considered the same doth find that the plain
tiff is the owner of the property mentioned and described in the plaintiffs petition
and doth assess his damages for the taking of the same at the sum of one cent.
It is therefore considered by the Court that the said plaintiff retain the possession
of the said property and that herecover of the defendant the sum aforesaid as
assessed and also his costs herein expended and have execution therefor.
Decree of Divorce
Now at this day come the parties again by their respective
attorneys, and the Court being now fully advised of and
concerning the premises doth order adjudge and decree that
the crop bill herein be dismissed, and being satisfied from the proof of the good
conduct of the plaintiff and that the plaintiff is an innocent and injured party
it doth further order adjudge and decree that he be absolutely and forever divorced
from the bonds of matrimony by him contracted with the defendant and berestored
to all the nights and privileges of an unmarried person, and that he pay the costs
herein and that execution issue therefor.
The Court having duly heard and considered the motion to
enter up judgment by default being thereof fully advised
doth overrule the same.
Motion to set aside verdict filed.
Court met pursuant to adjournment. Present as before.
amended petition filed
agreement of parties filed
Motion for new trial withdrawn by defendant.
Demurrer to amended petition filed.
Demurrer filed.
Report of Commissioner and four Exhibits filed.
Depositions for defendants Opened and filed.
Order of Injunction. The plaintiffs, by their attorney, come and file a petition
and the Court having duly heard and considered the
application contained therein and the plaintiffs having
filed abond in the sum of One thousand dollars con
ditioned according to law, which is approved by the Court, it is ordered that the de
fendant, his servants, agents and attorneys, and each of them, and all other persons, be
and they are hereby restrained and enjoined from removing out of this State a certain
negro slave named
And it is further ordered that the Sheriff of St Louis County seize and take into
his possession said slave wherever and in whose hands so ever found: and on the
defendants giving bond to the plaintiffs in the sum of One thousand dollars with
good and sufficient security the said Sheriff is hereby ordered to redeliver said
slave to the defendant; but if said defendant fail to give said bond then the said Sheriff is ordered to deliver said slave to the plaintiffs upon their giving like
bond to the defendant.
On Bill of Exchanges.
Now at this day come the plaintiff and the defendant
Waterman by their respective attorneys, but the defendant
to
called come not but make default wherefore on
motion of the plaintiff by his attorney it is ordered by the
Court that the petition herein be taken against them as confessed; and thereupon
come a Jury to wit;
may, and a Line, twelve good and lawful men who being duly elected tried and
sworn the issue herein joined well and truly to try the trial progressed and being
finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and
assess the damages at the sum of Seventeen hundred dollars. It is therefore
considered by the Court that the said plaintiff recover of the said defendants the
sum aforesaid in form aforesaid as assessed and also his costs herein expended
and have execution therefor.
Court met pursuant to adjournment. Present as before.
Exhibit C filed.
Dedimus to Louisiana for plaintiffs.
On notes.
Now at this day come the parties by their
respective attorneys, and the defendant
withdraws its answer herein and consents
and agrees with the plaintiff that judg
ment may be rendered herein against
the defendant for the sum of Eleven hundred and twelve dollars and six cents.
It is therefore considered by the Court that the plaintiff recover of the said
defendant the sum aforesaid inform aforesaid as agreed upon and also
their costs herein expended and have execution therefor.
Alias summons ordered.
On note.
Now at this day come the parties by their respective
attorneys and waiving a Jury submit this cause
to the Court upon the pleadings and proofs and
the Court doth find there from that the defendant
is indebted to the plaintiff in the sum of ten hundred and forty eight dol
lars and thirty, two cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendant the sum aforesaid in form aforesaid
as found and also his costs herein expended and have execution therefor.
On account.
Now at this day comes the plaintiff, by its
attorney, but the defendant although duly
summoned and called comes not but
makes default wherefore on motion of the attorney for the plaintiff it is ordered by
the Court that the petition herein be taken against him as confessed; and the
plaintiff waiving a Jury submits this cause to the Court upon the petition exhibit
and proofs and the Court having duly heard and considered the same doth assess
the plaintiffs damages sustained by reason of the premises in the petition men
tioned at the sum of One hundred and thirty seven dollars and sixty cents.
It is therefore considered by the Court that the said plaintiff recover of the said
defendant the sum aforesaid as assessed and also its costs herein expended
and have execution therefor.
Order of Publication.
The Sheriff having made return that the defen
dant, Champion, cannot be found, and the Court
being satisfied that process cannot be served
upon him, therefore on motion of Plaintiffs
attorneys, it is ordered by the Court that he be
notified that a civil action has been commenced against for the sum of two
hundred and fifty dollars and ninety cents, founded on a bill of exchanges,
and unless he be and appear at the next term of this Court to begun and held
at the City of St Louis within and for the County of St Louis, on the fourth Monday
of February next and on or before the third day thereof answer the plaintiffs
petition the same will be taken against him as confessed. It is further ordered
that a copy, hereof be published according to law in the Missouri Democrat
a newspaper printed and published in the City of St Louis.
Now at this day comes the plaintiff, by his attorney, and
waiving a Jury submits this cause to the Court upon the
complaint and proofs and the Court having duly heard and con
sidered the same doth assess the damages sustained by reason of the premises in the complaint men
tioned at the sum of three hundred and eleven dollars and ten cents. It is therefore considered
by the Court that the plaintiff recover of
H Chappell
the sum aforesaid in form aforesaid as assessed and also his costs herein ex
pended and have execution therefor.
Dismissal.
On motion of the plaintiff by his attorney, it is or
dered by the Court that this suit be dismissed as to
the defendant
On note.
Now at this day come the plaintiffs and the
defendants,
tive attorneys, and the said defendant with
draws his answer herein, leaving this suit undefended, but the other defendant
although duly summoned and called comes not but makes default, It is therefore
on motion of the plaintiff attorney it is ordered by the Court that the petition
herein be taken against the said defendants as confessed; and the Court finds
from the instrument of writing on which this action is founded that the defendants
are indebted to the plaintiffs in the sum of five hundred and ninety three dollars
and six cents. It is therefore considered by the Court that the said plaintiffs
recover of the said defendants to the sum aforesaid inform aforesaid as found and
also their costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney and
dismisses this suit as to the defendant,
and the defendant,
and withdraws, his answer herein and consents and
agrees with the plaintiff that judgment may be rendered herein in favor of the
said plaintiff for the sum of Seven hundred and thirteen dollars and ninety
five cents. It is therefore considered by the Court that the said plaintiff recover
of the said defendant the sum a aforesaid inform aforesaid as agreed upon and
also his costs herein expended and have execution therefor.
On application of
cause is laid over to the
thereupon
State of Missouri the sum of two hundred dollars to be levied of their respective goods
and chattels lands and tenements, Yet upon condition that if they shall personally
appear before this Court on the Second Monday of January next, being the tenth day
of said month, to testify as a witnesses on behalf of the State in this case upon a charge
of murder in the first degree, and shall not depart the Court without leave thereof
then this recognizance, to be void else of full force and effect.
to the Court, come in open Court, and upon their oaths, prove the acknowledgment
and execution of a Deed of Emancipation by
fourths of an inch in height, has a light scan on left eye one inch from root of hair,
and a skin mark under right cheek bone.
On note.
Now at this day come the parties by their respec
tive attorneys and waiving a Jury submit this cause
to the Court upon the pleadings and proofs and
the Court doth find therefrom that the defendants
are indebted to the plaintiffs in the sum of two
hundred and twelve dollars and ninety eight
cents. It is therefore considered by the Court that the said plaintiffs recover of the
said defendants the sum aforesaid in from aforesaid by the Court found and also
this costs herein expended and have execution therefor.
On account.
Now at this day come the parties by their respective attorneys,
and thereupon come also a Jury, to wit;
Michael
and
sworn the issues herein joined well and truly to try the trial progressed and
being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and
assess the damages at the sum of two hundred and twenty six dollars and thirty one
ants. It is therefore considered by the Court that the said plaintiff recover of the said
defendant the sum aforesaid in form aforesaid assessed and also his costs herein
expended and have execution therefor.
Replication to Counterclaim filed.
On account.
Now at this day come the parties by their respective attorneys
and thereupon come also a Jury, to wit;
ger
tried and sworn the issues herein joined well and truly to try the trial progressed
but not being finished further proceedings are continued until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Continued by consent at plaintiff costs.
Continued.
Continued.
Continued generally.
Continued by
consent.
Continued on affidavit at defendants costs.
Continued by consent.
Continued.
Continued by consent at defendants costs.
Continued as on affidavit at defendants costs.
Continued on application of plaintiff at his costs.
Continued on affidavit at defendants costs.
Continued by consent at plaintiffs costs.
continued on affidavit at defendants costs.
Note used on filed.
Decree.
Now at this day come the said parties
plaintiff, by their attorney, and the said
defendants
by their attorney of record, and the said minor defendants
dlecome
whereupon said plaintiffs dismiss this
their suit as to the unknown heirs and legal
representatives of
said cause is submitted to the Court upon the pleadings and proofs therein; and the
Court having considered the same and being fully advised thereof doth find that the
tract of land in the petition mentioned, to wit; "the Southwest quarter of Section fifteen in
township forty six North, Range nine West," and situate in the County of all away
State of Missouri, was by
trust for the purposes mentioned in the deed from said
Trustee of
and twenty four
Book B page One hundred and eighty seven and following; that the said that of
land was thereafter and in pursuance and by authority of the provisions of said deed
of trust sold by said
of the plaintiffs; that said
of September, eighteen hundred and twenty six
said Callaway County in Book B, folios twelve, thirteen, and fourteen, by which deed
it was intended to convey to said
the said tract of land, to wit; "the South west quarter of section fifteen in Township
forty six North Range nine West;" that in and by said deed the said tract so sold and intended to be conveyed to said
cribed therein; and that in the description of property purporting to be conveyed in and
by said deed last mentioned, the following description, to wit: "the South West
quarter of section fifteen in Township forty four Change nine West," was erroneous
and was intended to mean designate and convey the tract herein before mentioned,
and sold to said
of said deed last mentioned the said
the said plaintiffs executors and devises of said
been and still are in the undisturbed possession of said "South West quarter of section
fifteen in Township forty six North Range nine West:" It is therefore decreed ordered
and adjudged that the said erroneous description in said last mentioned deed con
tained be and the same is hereby reformed and corrected in accordance with the
facts so found by the court: and it is further ordered, adjudged and decreed
that the fee simple title to the said "South West quarter of section fifteen in Town
ship forty six North Range nine West" be and the same is hereby as against the
defendants heirs of
levisuis thereof under the Will of the said
trusts in the said Will continued and declared, and that the said defendants, heirs
of said
said last described track by through or under him said Powell, and that the plaintiffs re
cover their costs herein expended and that they have execution therefor.
The Court having duly heard and considered the motion for
a new trial herein and being thereof fully advised doth order
that the same be overruled.
The Court having duly heard and considered the demurrer
to the petition herein and being thereof fully advised doth order
that the same be sustained.
The Court having duly heard and considered the Demurrer to
the petition herein and being thereof fully advised doth that the same
be sustained.
Dismissal.
On motion of the plaintiffs, by their attorneys, it is ordered
by the Court that this cause be dismissed at the costs of said
plaintiffs and that execution issue therefor.
On note.
Now at this day come the plaintiffs by their attorney
and by leave of Court amends their petition by inserting in the caption thereof the given name "Jacob",
of the defendant: and the Court finds from the instrument of writing on which this action
is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and
twenty eight dollars and sixty seven cents. It is therefore considered by the Court that
the said plaintiffs recover of the said defendant the sum aforesaid inform aforesaid as found
and also their costs herein expended and have execution therefor.
On note.
Now at this day come the parties by their respective attorneys and the
Court having duly considered the application for a continuance herein
doth overrule, the same, and the defendant failing further to appear,
the plaintiff submits this cause to the Court upon the petition and answer and the
Court doth find therefrom that the defendant is indebted to the plaintiff in the sum
of two hundred and forty one dollars and thirty nine cents. It is therefore considered
by the Court that the said plaintiff recover of the said defendant the sum aforesaid
as found and also his costs herein expended and have execution therefor.
On account.
Now at this day come the parties by their respective attorneys and
waiving a Jury submit this cause to the Court upon the plea
dings and proofs and the Court doth find therefrom that the
defendant is indebted to the plaintiff in the sum of two hundred and eighty five
dollars and twenty six cents. It is therefore considered by the Court that the
said plaintiff recover of the said defendant the sum aforesaid in form
aforesaid as found and also his costs herein expended and have execution
therefor.
Now at this day come again the parties, by their respective attor
neys, and also the Jury empanelled and sworn herein and
thereupon the trial of this cause progressed and being finished
the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess his dam
ages at the sum of Seven hundred and forty three dollars and eighty four cents. It
is therefore considered by the Court that the said plaintiff recover of the said defen
dant the sum aforesaid in form aforesaid as assessed and also his costs herein ex
pended and have execution therefor.
Order of Publication.
It appearing to the satisfaction of the Court that the de
fendant cannot be summoned in this action, therefore on
motion of plaintiffs attorney, it is ordered by the Court
that he be notified that a civil action has been commenced
against him to obtain a decree of divorce, and that unless he be and and appear
at the next term of this Court to be begun and held at the City of St Louis within
and for the County of St Louis on the fourth Monday of February next and on or before
the smith day thereof answer the plaintiffs petition the same will be taken against him
as confessed. It is further ordered that a copy, hereof be published according to law
in the Missouri Republication a newspaper printed and published in the City of St Louis.
On note.
Now at this day come the parties by their respective attorneys and
the Court having duly heard and considered the motion and
affidavit for a continuance herein doth overrule the same, and
neither party requiring a Jury submit this cause to the Court upon the pleadings and
proofs and the Court doth find Therefrom that the defendant is indebted to the plain
tiff in the sum of nine hundred and four dollars and forty six cents. It is therefore con
sidered by the Court that the said plaintiff recover of the said defendant the sum
aforesaid in form aforesaid as found and also his costs herein expended and have
execution therefor. Motion for new trial filed.
Now at this day come the parties by their
respective attorneys and waiving a Jury,
submit this cause to the Court upon the
pleadings and proofs and the Court having
duly heard and considered the same doth
find for the plaintiffs and assess their damages by reason of the premises in the petition
mentioned at the sum of twelve hundred and twenty four dollars and twenty five cents.
It is therefore considered by the Court that the said plaintiffs recover of the said defendants
the sum aforesaid inform aforesaid as assessed and also their costs herein expended and have
execution therefor. Motion for a new trial filed.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by
the Court that this suit be dismissed at the costs of said
plaintiffs and that execution issue therefor.
Dismissal.
On motion of the plaintiff by his attorney it is ordered by the
Court that this suit be dismissed at the costs of the said plaintiffs
and that execution issue therefor.
Dismissal.
On motion of the plaintiff by his attorney it is ordered by the Court
that this suit be dismissed at the costs of the said plaintiffs and
that execution issue therefor.
Dismissal.
On motion of the plaintiff by his attorney it is ordered by the
Court that this suit be dismissed at the costs of the said plain
tiffs and that execution issue therefor.
Dismissal.
On motion of the plaintiff by his attorney it is ordered by the Court
that this suit be dismissed at the costs of the said plaintiffs and
that execution issue therefor.
in open Court to have received full and entire sat
isfaction of the judgment rendered herein for the sum
of four hundred and ten allow and thirty three cents on the
eighteen hundred and fifty six
Satisfaction.
Court and acknowledges to have received full and
entire satisfaction of the judgment rendered herein for the
sum of One hundred and twenty three dollars and sixty four cents, on the
and acknowledges to have received full and entire satisfaction
of the judgment rendered herein for the sum of two hundred
and seventy four dollars and eighty three cents on the
of November eighteen hundred and fifty six.
Satisfaction.
received full and entire satisfaction of judgment rendered Eleven hundred and seventy
four dollars and sixty seven cents on the
received full and entire satisfaction of judgment for three hundred and
three dollars and sixty five cents, rendered on the twenty
of December eighteen hundred and fifty seven
On Bill of Exchange.
Now at this day come the plaintiff and the defen
dant
the other defendants, although duly summoned and
called come not but make default wherefore on
motion of the plaintiff by his attorneys, it is ordered
by the Court that the petition herein be taken against
them as confessed; and the Court finds that the defendants
and
on which this action is founded, in the sum of One thousand dollars; and the
defendant,
be rendered herein against him for the same amount, above mentioned. It is
therefore considered by the Court that the said plaintiff recover of the said
defendants the sum aforesaid in form aforesaid as found and agreed upon
and also his costs herein expended and have execution therefor.
By leave of Court the plaintiff amends his amended petition
herein by inserting on the first page thereof the words and before
the commencement of this suit: and the Court having duly
heard and considered the demurrer to the amended petition and being thereof fully
advised doth overrule the same.
Now at this day come the parties by their respective
attorneys and thereupon come also a Jury, to wit;
Schneider
twelve good and lawful men, who being duly elected, tried and sworn the issues herein
joined well and truly to try the trial, progressed and being finished the Jury retire to
consider of their verdict.
Court met pursuant to adjournment. Present as before.
Continued by consent of parties.
Motion for new trial filed.
Continued by consent of parties.
Continued by consent.
Continued by consent.
Continued on application of plaintiffs at their costs.
Continued on affidavit at defendants costs.
Exhibit a and also an agreed statement of facts filed.
The defendant
Dismissal
On motion of the plaintiff by his attorney it is ordered
by the Court that this suit be dismissed at the costs of
the said plaintiff and that execution issue therefor.
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed
at the costs of the defendants and that execution issue therefor.
Dismissal.
On motion of the plaintiff by his attorney, it is ordered
by the Court that this suit be dismissed at the costs of
the said plaintiff and that execution issue therefor.
Dismissal.
By consent of parties it is ordered by the Court
that this cause be dismissed at the costs of the defen
dants and that execution issue therefor.
On note
Now at this day come again the parties by their respec
tive attorneys, and also the jury empanelled and sworn
herein and the jury aforesaid upon their oaths aforesaid
find for the plaintiff and assess the damages at the sum
of One hundred and thirty seven dollars and seventy two cents. It is therefore con
sidered by the Court that the said plaintiff recover of the said defendant the sum
aforesaid in form aforesaid as assessed and also her costs herein expended and
have execution therefor.
On note.
Now at this day comes the plaintiff by his attorney but
the defendants, although duly summoned and called, come not land the plaintiff waiving a Jury submits this
cause to the Court upon the pleadings and proofs and the
Court doth find therefrom that the defendants are indebted to the plaintiff in the sum
of four hundred and fifty three dollars and twenty cents. It is therefore considered
by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid
as found and also his costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs and the defendants,
dismiss this suit as to the defendant premier; and neither
party requiring a Jury this cause in submitted to the Court
upon the pleadings and proofs and the Court doth find
therefrom that the defendants,
one hundred and ninety one dollars and forty cents. It is therefore considered by the
Court that the said plaintiffs recover of the said defendants the sum aforesaid in form
aforesaid as found also their costs herein expended and have execution therefor. Motion for
a new trial filed.
On account.
Now at this day come the parties by their respective
attorneys, and consent and agree that judgment
may be rendered herein in favor of the plaintiffs
for the sum of One hundred and seventy two
dollars and fifteen cents. It is therefore considered
by the Court that the said plaintiffs recover of the said defendant the sum aforesaid
in form aforesaid as agreed upon and also their costs herein expended and have execution
therefor. By consent of parties execution is stayed for three months.
By consent of parties so much of answers as puts in issue note
dated
fourteen hundred and fifty eight dollars is withdrawn
. Stipulation of parties filed.
answer filed.
On note.
Now at this day come the parties by their respective attorneys,
and the Court having duly heard and considered the motion
to set aside the judgment herein and being there of fully advised
doth order that the same be sustained; and the dependant by his attorney, orally
moves the Court for a continuance herein and the Court having duly heard and con
sidered the said motion doth order that the same be overruled; thereupon the attorney
for the defendant withdraws his appearance herein, and the plaintiff waiving a Jury
submits this cause to the Court upon the pleadings and proofs, and the Court doth find
therefrom that the defendant is indebted to the plaintiff in the sum of twenty two hundred
and thirty five dollars. It is therefore considered by the Court that the said plaintiff
recover of the said defendant the sum aforesaid as found together with interest thereon
at the rate of ten per cent per annum from this date until paid and also his costs herein
expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but the
defendant, although duly called comes not, wherefore on
motion of the plaintiff by his attorney this cause is submitted
to the Court upon the pleadings and proofs, and the Court doth find therefrom that the
defendant is indebted to the plaintiff in the sum of four hundred and sixty eight
dollars. It is therefore considered by the Court that the said plaintiff recover of the
said defendant the sum aforesaid as found and also his costs herein expended and have
execution therefor.
On note.
Now at this day come the parties by their respective attorneys,
and the plaintiff dismisses this suit as to the defendant
their answer herein leaving this suit undefended, wherefore on
motion the plaintiff by his attorney, it is ordered by the Court
that the petition herein be taken against them as confessed; and the Court finds from
the instrument of writing on which this action is founded that the defendants
Hall
sixty three dollars and sixty eight ants. It is therefore considered by the Court that
the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid
as found and also his costs herein expended and have execution therefor.
On note.
Now at this day come the parties, by their respective attorneys, and
waiving a Jury, submit this cause to the Court upon the Pleadings
and proofs and the Court doth find therefrom that the defen
dant is indebted to the plaintiff in the sum of Eleven hundred and thirty eight
dollars and sixty five cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendant the sum aforesaid in form aforesaid as
found and also his costs herein expended and have execution therefor.
One motion ten days time is given the plaintiff to file ex
ceptions to the commissioneries Report.
On note.
Now at this day comes the plaintiff by its
attorney and dismisses this suit as to the defen
dants,
and called, comes not but, makes default.
wherefore on motion of the plaintiff by its attorney
it is ordered by the Court that the petition herein be taken against him as confessed;
and the defendants,
and called come not, wherefore, on motion of the said plaintiff, by its attorney,
this cause is submitted to the Court upon the pleadings and proofs, and the
Court doth find therefrom that the defendants
ed to the plaintiff in the sum of fifteen hundred and thirty three dollars and three
cents. It is therefore considered by the Court that the said plaintiff recover of the
said defendants the sum aforesaid in form aforesaid as found and also its costs
herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff by its attorney,
but the defendants although duly called come
not; and the plaintiff, waiving a Jury, submits this
cause to the Court upon the pleadings and proofs,
and the Court doth find therefrom that the de
fendants are indebted to the plaintiff in the sum of ten hundred and thirty dol
lars. It is therefore considered by the Court that the said plaintiff recover of the
said defendants the sum aforesaid as found and also its costs herein expended and
have execution therefor.
On note.
Now at this day come the parties, by
their respective attorneys, and the Court
having duly heard and considered the demuner to the petition herein and being
there of fully advised doth overrule the same; thereupon the plaintiffs dismiss
this suit as to the defendant,
ther to appear and plead herein it is, on motion of the said plaintiffs, by their attorney
ordered that the petition herein be taken against them as confessed; and the Court finds
from the instrument of writing on which this action is founded that the defendants
one hundred and eight dollars and sixteen cents. It is therefore considered by the
Court that the plaintiffs recover of the said defendants the sum aforesaid in form
aforesaid as found and also their costs herein expended and have execution therefor.
Dismissal.
On motion of the plaintiffs, by their attorney, it
is ordered by the Court that this suit be dis
missed at the costs of the said plaintiffs and that execution issue therefor.
Judgment Replurins.
Now at this day comes the defendant by his attorney, but the
plaintiff although duly notified and called comes not, and
the defendant waiving a Jury submits this cause to the Court
upon the pleadings and proofs, and the Court having duly heard and considered
the same and being thereof fully advised, doth find for the defendant and assess
the value of the property mentioned in the petition at the sum of three hundred and
five dollars and five cents, and assess the damages for the taking and detention of
the same at the sum of One cent. It is therefore considered by the Court that
the said plaintiff return said property in the petition mentioned and described
as follows, to wit: "two certain carriages called rockaways." to said defendant or
that said defendant recover of said plaintiff and of
Kiburg
the Court, at the election of the said defendant and also that he recover the
damages assessed for the taking and detention of the said property together with
his costs herein expended and have execution therefore.
On note.
Now at this day come the parties, by their respective attorneys,
and the Court having duly heard and considered the motion
to strike out the demurer herein and for judgment and
being thereof fully advised doth overrule the same; and on
motion of the plaintiff, by their attorney, leave is given to amend the petition herein by in
serting immediately after word, "protest," and before word, "wherefore," the words, "plaintiffs
further states that said note be due and remains unpaid," and the Court having also duly
heard and considered the demurrer to the petition and being thereof fully advised doth
overrule the same; thereupon the defendant files a plea in the nature of a plea in abatement
herein and orally moves the Court for a continuance and the Court having duly heard
and considered the said motion and being thereof fully advised, doth overrule the same,
and the defendant thereupon with draws his plea in abatement herein and files an answer
and this cause being then called for trial, and the defendant having been duly summoned
as a witness and failing to appear, the plaintiffs, by their attorneys, orally move the
Court to strike out the defendants answer and for judgment, and the Court having
duly heard and considered the same, doth order that said motion be sustained: and
the Court finds from the instrument of writing on which this action is founded that the
defendant is indebted to the plaintiffs in the sum of four hundred and sixty five dollars
and sixty cents. It is therefore considered by the Court that the said plaintiffs recover of
the said defendant the sum aforesaid in form aforesaid as found and also their costs herein expended and have execution therefore. Motion to tax costs against plaintiffs filed.
On note.
Now at this day come the plaintiff and the defendant Shands, by their
respective attorneys, and thereupon come also a Jury, to wit;
senthine
Abner
and
the issues herein joined well and truly to try the trial progressed and being finished
the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of two hundred and forty dollars. It is therefore considered by the Court that the said plain
tiff recover of the said defendants,
aforesaid in form aforesaid as found and also his costs and charges herein ex
pended and have execution therefore.
On note.
Now at this day comes the plaintiff, by his attorney, but the
defendants although duly called, come not, and plaintiff waiv
ing a Jury submits this this cause to the Court upon the plea
dings and proofs, and the Court doth find therefrom that the
defendants are indebted to the plaintiff in the sum of Eleven
hundred and sixty four dollars and eighty cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendants the sum aforesaid as found
and also his costs herein expended and have execution therefore.
On note.
Now at this day come the parties, by their respec
tive attorney and the Court having duly heard
and considered the demuner to the petition
and being thereof, fully advised doth overrule
the same; thereupon the plaintiffs, by their attorney, dismiss this suit as to the defen
dant,
herein it is on motion of the plaintiffs ordered that the petition herein be taken
against them as confessed: and the Court finds from the instrument of writing
on which this action is founded that the defendants
J Morton
dollars and thirty six cents. It is there fore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid a found and also then
costs herein expended and have execution therefore.
On account.
Now at this day come the plaintiffs by their at
torney and waiving a Jury submit this cause
to the Court upon the petition and proofs and
the Court having duly heard and considered the same doth assess the plaintiffs dam
ages sustained by reason of the premises in the petition mentioned at the sum of One
hundred and fourteen dollars and seventy five cents. It is therefore considered by the
Court that the said plaintiffs recover of the said defendants the sum aforesaid as as
sessed and also their costs herein expended and have execution therefore.
Satisfaction.
open Court and acknowledges to have received full and
entire satisfaction of judgment rendered against the
garnishees for the sum of three hundred and six
dollars and thirty seven cents, on the
of December eighteen hundred and fifty seven
Continued by consent.
Satisfaction.
in open Court and acknowledges to have received
full and entire satisfaction of the judgment ren
dered herein on the
eighteen hundred and fifty seven
Satisfaction.
in open Court and acknowledges to have received
full and entire satisfaction of the judgment
rendered herein on the
eighteen hundred and fifty seven
and fifty six cents.
Satisfaction.
open Court and acknowledges to have recovered full and
entire satisfaction of the judgment rendered herein against the said garnishee on the
hundred and fifteen seven
Satisfaction.
comes in open Court and acknowledges to have
received full and entire satisfaction of the judgment
rendered against the said garnishees on the
day of December, eighteen hundred and fifty seven
for the sum of One hundred and thirteen dollars and twenty four cents.
Satisfaction.
open Court and acknowledges to have received full
and entire satisfaction of the judgment against
the said garnishees on the day of
eighteen hundred and fifty seven
Satisfaction.
in open Court and acknowledges to have received
full and entire satisfaction of the judgment
against the garnishees on the
December, eighteen hundred and fifty seven
four hundred and seventy nine dollars and eighty three cents.
Continued as on affidavit at plaintiffs costs on account of the
absence of
Dismissal.
The court having duly heard and considered the motion to dismiss
this suit for want of security for costs and being thereof fully
advised doth order that the same be sustained and that this suit
be dismissed at the costs of the said plaintiff and that execution issue therefore.
Upon the claims of
By consent of parties the objections filed against the claims of
before the St Louis circuit court are withdraw. And by like
consent it is ordered by the court that the said claims be
referred back to the trustees for allowance, and that the notes and claims be
delivered to
that purpose. Agreement filed.
Upon the claims of
By consent of parties the objections filed against
the claims of
withdraw. And by like consent it is ordered by the court that the said claims be
referred back to the trustees for allowance, and that the notes and claims be delivered
to
for that purpose. Agreement filed. Notes and claims withdraw by said attorney.
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney, but the
defendant, although duly called, comes not nor hath he answered
herein, wherefore on motion of the plaintiff by her attorney it is
ordered by the court that the petition herein be taken against him as confessed: and
the court after heaving the proof herein being satisfied that the plaintiff is an innocent
and injured party doth order adjudge and decree that she be absolutely and forever di
vorced from the bonds of matrimony by her contracted with the defendant and be re
stored to all the right to and privileges of an unmarried person. And it appearing to the
court that the defendant, from his habits and course of life, is an unsuitable person to
have the care and control of the child,
year, it is further ordered and adjudged that the said plaintiff have the care, custody
control, and management of the infant child aforesaid, and that she recover of the
said defendant her costs herein expended and the execution therefore.
Non suit.
Now at this day comes the defendant by his attorney but the plaintiff,
although solemnly called, comes not; wherefore, on motion of the de
fendant, by his attorney it is ordered by the court that the said
plaintiff be nonsuited, and that the defendant go hence without day and recover of the said
plaintiff his costs herein expended and have execution therefore.
Court met pursuant to adjournment. Present as before.
Now at this day comes Many
a petition praying for a Writ of
accordance with the prayer if said petitioner, returnable forthwith.
On note.
Now at this day come the parties by their respective attorney, and
the defendant withdraw his answer herein and agrees with the plain
tiffs that judgment may be rendered herein in favor the plain
tiffs and against the defendant for the sum of two hundred and twenty
nine dollars and twenty four cents. It is therefore considered by the Court that the said
plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as agreed upon
and also their costs herein expended and have execution therefore. By consent of parties the
issue of execution is stayed until the
Continued.
Continued.
Continued.
Continued.
Continued.
Continued by order of court.
Continued by consent at defendants costs.
On account.
Now at this day come the plaintiffs, by their attorney,
and warning a Jury submit this cause to the Court
upon the petition, exhibit and proofs and the Court
having duly heard and considered the same doth assess the plaintiffs damages sustained by
reason of the premises in the petition mentioned at the sum of one hundred and fifty
one dollars. It is therefore considered by the court that the said plaintiffs recover of the
said defendant the sum aforesaid in form aforesaid as assessed and also their costs
herein expended and have execution therefore.
Decree of Divorce.
Now a this day comes the plaintiff by her attorney, and thereupon
the court proceeds to hear the proof herein and having duly heard
and considered the same and being satisfied there from that
the plaintiff is an innocent and injured party, it doth order adjudge and decree that she
be absolutely and forever divorced from the bonds of matrimony by her contracted with the
defendant and he restored to all the rights and privileges of an unmarried person, and that her
maiden name,
the costs herein and that execution issue therefore.
On notes.
Now at this day come the parties by their respective attorney
and the defendants
withdraw their answer herein, whereupon the plaintiff dis
misses this suit as to the defendant,
the other defendants failing further to appear and plead
herein, it is, on motion of the plaintiff, by his attorneys ordered that the petition
herein be taken against them as confessed: and the Court finds from the instruments
of writing on which this action is founded that the defendants,
sixty four dollars and sixteen cents. It is therefore considered by the Court that the
said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as
found and also his costs herein expended and have execution therefore.
On Note.
Now at this day come the parties, by their respective attorney
and the defendants,
draw their answer herein, thereupon the plaintiff dismissed this
suit as to the defendant,
fendants failing further to appear and plead herein, it is there
fore an motion of the plaintiff, by his attorney, ordered that the petition herein be taken
against them as confessed: and the Court finds from the instrument of writing on which
this action is founded that the defendants
indebted to the plaintiff in the sum of three hundred and forty nine dollars and eighty four
cents. It is therefore considered by the Court that the said plaintiff recover of the said
defendants the sum aforesaid in form aforesaid as found and also his costs herein ex
pended and have execution therefore.
On account.
Now at this day comes the plaintiff by of his attorney, and
on his motion leave is given
of service on the defendant,
amendment is accordingly made; but the said defendant
on motion of the plaintiff, by his attorney, it is ordered by the Court that the petition
herein be taken against him as confessed; and the plaintiff, warning a Jury submits
this cause to the Court upon the petition and proofs, and the Court having duly heard and
considered the same doth assess the plaintiffs damages sustained by reason of the premises
in the petition mentioned, at the sum of nine hundred and twelve dollars and eighty
one cents. It is therefore considered by the Court that the said plaintiff recover of the
said defendants,
aforesaid as assessed and also his costs herein expended and have execution therefore.
Appeal to the Supreme Court.
Now at this day come the defendants, by their attorney, and file
an affidavit for appeal, and the Court having duly consid
ered the same doth order that an appeal to the Supreme Court
be allowed said defendants from the judgment herein rendered.
Thereupon the said defendants file an appeal bond, conditioned according to law, which
bond is approved by the Court.
On notes.
Now at this day comes the plaintiff, by her attorney, and dismisses
this suit as to the defendant,
defendants although duly summoned and called, come not but
make default, wherefore, on motion of the plaintiff, by her attor
ney, it is ordered by the Court that the petition herein be taken
against the said defendants as confessed: and the Court finds from the instruments of
writing on which this action is founded that the defendants,
W McDowell
eight dollars and twenty one cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendants the sum aforesaid as found and also her costs
herein expended and have execution therefore.
On note.
Now at this day come the parties, by there respective attorneys,
and the plaintiff dismisses this suit as to the defendants
P Blain
the plaintiff that judgment may be rendered in favor of the
plaintiff and against the defendants for the sum of five hundred
and fifty dollars and ninety five cents. It is therefore considered by the Court that the
said plaintiff recover of the said defendants the sum aforesaid as agreed upon together with
interest there on at the rate of ten per cent per annum from this date until paid and
also his costs herein expended and have execution therefore. By consent of parties execution
is stayed until the
On notes.
Now at this day come the parties by their respective attor
neys, and agree that judgment may be rendered herein
in favor of the plaintiff and against the defendants for
the sum of seventeen hundred and twenty two dollars and
fifty five cents. It is therefore considered by the Court that the said plaintiff recover of the
said defendants the sum aforesaid as agreed upon and also his costs herein expended and
have execution therefore.
Satisfaction.
Court and acknowledge to have received full
and entire satisfaction at the judgment ren
dered
and fifty five
dred and seventy five dollars.
Satisfaction.
Now t this day comes the plaintiff in proper person, and ack
nowledge to have received full and entire satisfaction of the
judgment by confession herein on the
eighteen hundred and fifty three
and fifty three dollars and twenty two cents.
On note.
Now at this day comes the plaintiff and the defendant,
the defendant the
Company
not, wherefore, on motion of the plaintiff, by his attorney,
it is ordered by the court that the petition herein be taken against the said defen
dant as confessed: and thereupon come a Jury, to wit.
who being duly elected trial and sworn the issues herein joined well and truly to try
the trial progressed but not being finished further proceedings are laid over until to
morrow morning.
Now at this day comes the attorney for the plaintiff and sug
gests to the Court that service the commencement of this suit the
said plaintiff has departed this life, wherefore on motion of
said attorney it is ordered that this cause be continued until the next term of this Court.
On motion of the plaintiff by his attorney, it is ordered
that an alias Scire Facias issue herein to bring in
Thompson
Attachment.
Order of Application.
The plaintiff, by his attorney, files a petition and affidavit from
which it appease that the defendant is a non resident of the State
of Missouri, therefore, on motion of said plaintiffs attorney, it is
ordered that he be notified that civil action has been commenced against him
founded on a note for the sum of four hundred and eighty five dollars and twenty
four cents, and that his property has been attached, and unless he be and appear at the
next turn of this Court to be begun and held at the city of St Louis within and for
the country of St Louis on the fourth Monday of February next, and on or before the
third day thereof answer the plaintiffs petition, judgment will be rendered against him
and his property sold to satisfy the same. It is further ordered that a copy hereof be
published according to law in the Missouri Democrat a newspaper printed and Pub
lished in the City of St Louis.
Order of Publication.
The plaintiff, by her attorney, comes and files a petition and
affidavit from which it appears that that the defendant is a non
resident of the State of Missouri, therefore, on motion of said
plaintiffs attorney, it is ordered that he be notified that a civil action has been commenced against
him to obtain a decree of divorce and that unless he be and appear at the next term of this court to be begun and
held in the City of St Louis, within and for the County of St Louis, on the fourth Monday of February next, and on or be
fore the sixth day thereof answer the plaintiffs petition the same will be taken against him as confessed. It is further
ordered that a copy hereof be published, according to law, in the Daily Express a newspaper prin
ted and published in the City of St Louis.
The Court having duly heard and considered the appli
cation of the defendant for a continuance herein doth order
that the same be overruled.
Interrogatories filed by leave of Court.
Court met pursuant to adjournment. Present as before.
Continued by consent.
Continued.
Bill of Exception filed.
Motion to set aside judgment filed.
The Court having duly heard and considered the motion for a
new trial herein and being thereof fully advised doth overrule
the same, and the Court having also heard and considered
the motion in arrest of judgment doth overrule the same.
One Bill of Exchange.
Now at this day come the parties by their respective attorneys and
the Court having duly heard and considered the demurer to the
petition herein and being thereof fully advised doth overrule the same
thereupon the plaintiff dismisses this suit as to the defendant
therefore on motion of the plaintiff by his attorney ordered that the petition herein
be taken against them as confessed: and the Court finds from the instrument of
writing on which this action is founded that the defendants
J Morton
fourteen dollars and sixty nine cents. It is therefore considered by the Court that the said plaintiff recover
of the said defendants the sum aforesaid as found and also his costs herein expended and have execution therefor.
The Court having duly heard, and considered
the motion to have the shares of the defendants
set off in one lot and being thereof fully ad
vised doth order that the same be and is
hereby sustained. It is therefore ordered that
the decree therefore rendered herein be and the
same is set aside and for naught held and
thereupon come the parties by their respective
attorneys and submit this cause to the Court,
and the Court, having duly heard and considered
the same, and being fully advised of and concerning the premises, doth ascertain
and determine that the parties plaintiff and defendant are the owners of the real
estate described in the plaintiffs petition in this cause as follows, to wit: situate be
ing and being in the County of St Louis aforesaid, to wit; first a tract of land of one
and a half arpens in front from north to South and twenty arpens in depth
from East to West situate in the Common Field of Carondelet being the East
half of the tract confirmed to
known as united States survey member eighty eight (88). Secondly a piece of land
situate in the Commons of St Louis in front of and adjoining the tract first above
described on the East containing one acre forty three hundred this of an acre
and being the same price or parcel of ground which was conveyed by the City of
St Louis to
deed dated
of the Recorder of the St Louis County in book H 2 pages five hundred and eighty
two; and the Court doth further ascertain and determine the respective rights and
interests of said parties and their shares and proportions in said real estate is
follows, to wit; the plaintiff,
hundred and forty fourths of said two pieces of land: that the plaintiff,
Polk
pieces of land: that the plaintiffs,
gether entitled to four undivided one hundred and forty fourths thereof: that the
plaintiff,
forty fourths thereof in fee, and to a life of frances
she remaining a widow in the remaining eighty four one hundred and forty fourths
thereof, and, that subject to the said life estate in said
Delore
eight undivided one hundred and forty fourths thereof: and that subject likewise
to said life estate, the defendant
Provost, Junior
one hundred and forty fourths thereof: and subject to the same life estate the said
thereof. And the aforesaid shares of the defendants are hereby ordered to be set
apart in one lot together. The Court doth therefore order adjudge and decree that
petition of said two tracts of land be made among said owners according to their
respective rights and interests as above ascertained and determined.
Continued on application of plaintiff at his costs.
It appearing to the Court that the Sheriff has made a
return of the execution in this cause that no goods chattels
lands and tenements can be found wheron to levy said execution, it is ordered by the
Court on the application of the plaintiffs attorney, that a writ of attachment issue
against the rights and credits of the defendants, reciting the judgment, execution and return
and directed to the Sheriff of St Louis County.
On motion of the plaintiff, by his attorney it is ordered by the
Court that the said garnishees be discharged at the costs of
the said plaintiff and that execution issue therefor.
On note.
Now at this day come the parties, by their respective attorneys,
and waiving a Jury submit this cause to the Court upon
the pleadings and proofs and the Court doth find there from that
the defendants are indebted to the plaintiffs in the sum of
five hundred and thirty dollars and sixty nine cents. It is
therefore, considered by the Court that the said plaintiffs recover of the said defendants
the sum aforesaid inform aforesaid as found and also their costs herein expended and
have execution therefor. Motion for new trial filed.
On note.
Now at this day come the parties, by their respective attorneys,
and waiving a Jury submit this cause to the Court upon the
pleadings and proofs and the Court doth find there from that
the defendants are indebted to the plaintiffs in the sum of
Eight hundred and ten dollars and eighty one cents. It is
therefore considered by the Court that the said plaintiffs
recover of the said defendants the sum aforesaid as found and also their costs herein expen
ded and have execution therefor. Motion for a new trial filed.
On notes.
Now at this day come again the parties by their respective
attorneys, and on motion of the plaintiff, by his attorney,
leave is given the Sheriff to amend his return herein by
erasing, in the fifth line thereof, the words, "
the name of "
thereof, which amendment in accordingly made; thereupon come also the Jury empan
nelled and sworn herein, whereupon the trial of this cause progressed and after some
progress the plaintiff dismisses this suit as to the defendants,
ordered by the Court that the Jury aforesaid be discharged: and the Court finds from the
instrument of writing on which this action is founded that the defendant the
Mississippi Rail Road Company
one hundred and seventeen dollars and forty eight cents. It is therefore considered by the
Court that the said plaintiff recover of the said defendant the sum aforesaid as found,
and also his costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs, by their
attorney, and on their motion leave is given to
amend the petition herein so as to make the name
of the defendant,"
J Morton
made; thereupon the plaintiffs dismiss this suit as to the defendants,
other defendants, although duly summoned and called, come not but make default,
wherefore, on motion of the plaintiffs by their attorney it is ordered by the Court that
the petition herein be taken against them as confessed; and the Court finds from the
instrument of writing on which this action is founded that the defendants,
Hall
dollars and seventy three cents. It is therefore considered by the Court that the said
plaintiffs recover of the said defendants the sum aforesaid inform aforesaid as found
and also their costs herein expended and have execution therefor.
On note.
Now at this day come the parties by their respective attorneys and
the plaintiff withdraws his motion to strike out the amended
answer herein and the defendant withdraws his amended answer
herein, and thereupon the parties agree that judgment may be rendered herein in favor
of the plaintiff and against the defendant for the sum of Eight hundred and three
dollars and sixty six cents. It is therefore considered by the Court that the said plain
tiff recover of the said defendant the sum aforesaid in form aforesaid as agreed upon
and also his costs herein expended and have execution therefor. By consent of parties
the plaintiff withdraws the Exhibit a filed with the defendants answer. Copy of said
Exhibit A filed.
The Court having duly heard and considered the motion for
a new trial herein and being thereof fully advised doth
overrule the same.
Satisfaction.
Court and acknowledges full and entire satis
faction of the judgment rendered herein on the
and fifty eight
The Court having duly heard and considered the motion to set
aside the judgment herein and being thereof fully advised doth
order that the same be overruled.
Dismissal.
On motion of the plaintiffs, by their attorney it is
ordered by the Court that this cause be dismissed at the
costs of the said plaintiffs avid that execution issue therefor.
On motion leave in given the garnishee to amend his answer
by interlining on the second and third pages thereof the words
but never was nor has been accepted by him in writing. The
plaintiff withdraws his Exceptions to said answer.
The Court having duly heard and considered the motion to dis
solve the injunction herein doth overrule the same.
On motion of the defendants, by their attorney leave is
given to amend the amended answer by striking out the
words
Valentine
the defendant
for judgment against the defendant
The Court having duly heard and considered the motion to
quash the Sheriff return on the amended petition and being
thereof fully advised, doth order that the same be sustained.
Copy of order for production of papers and Sheriffs return
on same filed.
the body of
Corpus
Court after an examination of the matter herein being of opinion that said
Muldoon
the custody of said respondent and be delivered forthwith into custody and charge
of the said petition and that the said petition pay the costs of this proceeding.
Agreement of parties filed.
Court met pursuant to adjournment. Present as before.
Continued generally.
Continued by consent.
Continued generally.
Continued.
Continued as on affidavit at plaintiffs costs.
Order for Delivery.
The Plaintiff comes and files a petition and
affidavit according to law claiming the possession
of certain personal property therein described; wherefore
it is ordered that the defendant deliver the
property specified in said petition to the Sheriff of St Louis County, and said Sheriff
is hereby directed if said property be not delivered to him to take it from the defen
dant and deliver it to the plaintiff.
On note.
Now at this day come the parties, by their
respective attorneys, and agree that judgment
may be rendered herein in favor of the plain
tiffs and against the defendant for the sum
of three hundred and twenty five dollars and fifty two cents. It is therefore considered
by the Court that the said plaintiffs recover of the said defendant the sum aforesaid
in form aforesaid as agreed upon and also their costs herein expended and have execu
tion therefor.
On account.
Now at this day comes the plaintiff, by his attorney but the defendant
although duly summoned and called comes not but makes default,
wherefore, on motion of the plaintiff, by his attorney it is ordered by
the Court that the petition herein be taken against him as confessed; and no Jury being
required this cause in submitted to the Court upon the petition exhibit and proofs and
the Court doth find there from that the defendant is indebted to the plaintiff in the sum
of three hundred and twenty five dollars and fourteen cents. It is therefore considered by
the Court that the said plaintiff recover of the said defendant the sum aforesaid in
form aforesaid as found and also his costs herein expended and have execution therefor.
On motion of the plaintiff by his attorney it is ordered that
Castello
to
may be entitled to upon the execution issued in their favor.
On Bill of Exchanges.
Now at this day come the plaintiff and the defendant
called come not but make default, wherefore on motion
of the plaintiff, by his attorney, it is ordered by the Court
that the petition herein be taken against them as confessed: and the Court finds from
the instrument of writing on which this action is founded that the defendants
and
three dollars and seventy three cents; and the defendant
plaintiff that judgment may be rendered against him for the amount above
mentioned. It is therefore considered by the Court that the said plaintiff recover
of the said defendants the sum aforesaid in form aforesaid as found and agreed
upon and also his costs herein his costs herein expended and have execution therefor.
On notes.
Now at this come the plaintiff and the defendant,
their respective attorneys, and the defendant
his answer herein leaving this suit undefended, but the
defendant
called comes not, It is therefore on motion of the plaintiff by his attorney, or
dered that the petition herein be taken against the said defendants as confessed:
and the Court finds from the instruments of writing on which this action is foun
ded that the defendants are indebted to the plaintiff in the sum of twenty three
hundred and twenty nine dollars and ninety three cents. It is therefore consid
ered by the Court that the said plaintiff recover of the said defendants the sum
aforesaid as found and also his costs herein expended and have execution therefor.
Order of Publication- Attachment
The Sheriff having made return that Therefore defendant cannot
be found and the Court being satisfied that process cannot
be served upon him; Therefore, on motion of plaintiffs attorney
it is ordered by the Court that he be notified that a civil action has been commenced
against him for the sum of five thousand one hundred and thirty six dollars and
thirty three cents, for goods, waves and merchandise sold and delivered to the
defendant by the plaintiff, and that his property has been attached; and unless he
be and appear at the next term of this Court, to be begun and held at the City of
St Louis within and for the County of St Louis on the fourth Monday, of February
next, and on or before the third day thereof answer the plaintiff petition judgment
will be rendered against him and his property sold to satisfy the same. It is fur
ther ordered that a copy hereof be published according to law in the Missouri
Republication a newspaper printed and published in the City of St Louis.
The Court having duly heard and considered the motion
to set aside the default herein doth overrule the same.
Continued as on affidavit at defendants costs.
Order of Publication.
The Sheriff having made return that the defendants
and the Court being satisfied that process cannot
be served upon them, therefore, on motion of peti
tioners attorney, it is ordered that they be notified
that a civil action has been commenced against
them, the object of which is to obtain a decree ratifying and confirming the original pro
ceedings in partition and sale of a certain lot in the City of Carondelet, and to quiet
the title to said premises and nest the same in the petitioner, and unless they be and appear
at the next term of this Court, to be begun and held at the City of St Louis, within and
for the County of St Louis, on the fourth Monday of February next, and on or before the
sixth day thereof answer the petition herein, the same will be taken against them as confessed.
It is further ordered that a copy hereof be published according to law in the Missouri
Democrat, a newspaper printed and published in the City of St Louis.
The Court having duly heard and considered the demurrer to
the petition and being thereof fully advised doth sustained the
same. Leave is given the plaintiffs to amend.
Order for Production of Paper.
Now at this day comes the plaintiff, by his attorney, and
files a petition for an order on the defendant,
to produce a certain paper therein mentioned and the Court
having duly heard and considered the said petition doth order that the said
Myerson
eighteen hundred and fifty eight
Now at this day come the parties by their respective
attorneys, and the plaintiffs dismiss this suit as to
the defendant,
a Jury, this cause is submitted to the Court upon
the pleadings and proofs, in accordance with the
stipulation heretofore filed herein; and the Court
having duly heard and considered the same doth find there from that the defendants,
of
and eighty five dollars and eighty one cents. It is therefore considered by the Court that
the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as
found and also their costs herein expended and have execution therefor. Motion for
a new trial filed and the Court having duly heard and considered the same doth
order that said motion be overruled.
Dismissal.
By consent of parties it is ordered by the Court that
the suit be dismissed at the costs of the defendant
and that execution issue therefor.
The defendant files a motion to consolidate these
actions.
The Court having duly heard and considered the motion for
execution herein and being thereof fully advised doth over
rule the same.
On note.
Now at this day come the parties by their respective attorneys, and
the defendant withdraw his answer herein, and the parties consent
and agree that judgment may be rendered herein favor of the
plaintiff and against the defendant for the sum of six hundred and thirty three dollars.
It is therefore considered by the Court that the said plaintiff recover of the said
defendant the sum aforesaid inform aforesaid as agreed upon and also his costs herein
expended and have execution therefor.
The defendants, by their attorney withdraw their motion to
strike out parts of petition. The Court having duly heard
and considered the motion to strike out parts of answer
doth overrule the same. Amended answer filed by leave.
Motion for new trial and affidavit in support of same
filed.
Now at this day come the plaintiffs by their attorneys, but
the defendant,
called, comes not but makes default wherefore on motion
of the plaintiffs, by their attorney, it is ordered by the Court
that the petition herein be taken against him as confessed. On motion of the said plaintiffs
by their attorney, it is ordered by the Court that an alias summons issue herein for the
defendant
Non suit.
Now at this day come the parties, by their respective attorneys
and waiving a Jury submit this cause to the Court upon the
pleading and proof and thereupon the trial progressed and
being finished the plaintiff says he will not further prosecute
his suit herein but voluntarily taken a non suit. It is therefore considered by the Court that the
said plaintiff take nothing by his suit herein but that the said defendants go hence without
day and recover of the said plaintiff their costs herein expended and have execution therefor.
On motion of the defendants, by their attorney it is ordered by the Court that the sum
deposited in this Court with the Clerk thereof be repaid to the defendant the
Savings Institution
By consent of parties it is ordered that this cause be referred to
versy herein, and that he report thereof as early as practicable.
Motion to suppress deposition filed.
Continued by consent.
On Policy of Insurance.
Now at this day come the parties by their respective
attorneys and thereupon come also a Jury to wit;
Little
lawful men who being duly elected tried and sworn the issues herein joined well and
truly to try the trial progressed but not being finished further proceedings are continued
until tomorrow morning.
Appointment of Commissions.
On motion of the defendants by their attorney, it is ordered
by the Court that
property recording to the judgment heretofore rendered herein and the said Commissioners
are hereby required to make report of their proceedings to this Court without delay.
Court met pursuant to adjournment. Present as before.
acknowledge the execution of a deed of emancipation to his negro
slave named
to complexion.
By consent of parties leave is given the Commissioner to with
draw the deposition taken in the state of Louisiana.
Continued by consent at plaintiffs costs. Leave given to file
an amended petition.
Report of Commissioner filed.
Motion to set aside non suit filed by defendant
Continued as on affidavit at defendants costs.
answer of garnishees filed by leave of Court.
On notes.
Now at this day comes the plaintiff, by his attorneys, but the de
fendant although duly summoned and called comes not but
makes default, wherefore on motion of the plaintiff, by his attorney,
it is ordered by the Court that the petition herein be taken against him as confessed: and
the Court finds from the instruments of writing on which this action is founded that
the defendant is indebted to the plaintiff in the sum of fourteen hundred and six dollars
and seventy five cents. It is therefore considered by the Court that the said plaintiff
recover of the said defendant the sum aforesaid inform aforesaid as found and also his
costs herein expended and have execution therefor.
On motion of plaintiffs by their attorneys, leave is given the
Sheriff to amend his return herein so as to conform to the facts;
which amendment is accordingly made by inserting in the fifth
line thereof the word
On note.
Now at this day come the parties by their respective
attorneys, and the plaintiff dismisses this suit as to the
defendant,
withdraw draw their answers herein and consent and
agree with the plaintiff that judgment may be ren
dered herein in favor of the plaintiff and against the
defendants for the sum of nine hundred and twenty
four dollars and ten cents. It is therefore considered by the Court that the said plain
tiff recover of the said defendants the sum aforesaid as agreed upon and also its costs
herein expended and have execution therefor. By consent of parties, and according to
agreement filed, it is ordered that execution be stayed for eight months from this date,
and that the above judgment be paid in monthly installments of One hundred dollars
each until the whole amount is paid, and in case any monthly installment shall re
main in assess and unpaid for one month after the same shall become due then executive
may issue for the balance of the above judgment remaining unpaid.
On notes.
Now at this day come the parties, by their respective
attorneys, and the defendants withdraw their answers
herein and failing further to plead herein, it is
therefore, on motion of the plaintiff, by his attorney,
it is ordered by the Court that the petition herein be taken against them as confessed:
and the Court finds from the instruments of writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of five hundred and seventy
six dollars and four cents. It is therefore considered by the Court that the said plain
tiff recover of the said defendants to the sum aforesaid inform aforesaid as found and
also his costs herein, expended and have execution therefor.
On account.
Now at this day come the plaintiffs, by their attorney, and
waiving a Jury, submit this cause to the Court upon the
pleadings and proofs, and the Court doth find there from
that the defendant is indebted to the plaintiff in the sum
of two hundred and five dollars and seventy seven cents. It is therefore considered by the
Court that the said plaintiffs recover of the said defendant the sum aforesaid as found
and also their costs herein expended and have execution therefor.
On note.
Now at this day come the parties, by their respec
tive attorneys and waiving a Jury submit this
cause to the Court upon the pleadings and proofs
and the Court having duly heard and considered
the same doth find there from that the defendants are indebted to the plaintiff in the sum
of fourteen hundred and sixty nine dollars and nineteen unto. It is therefore considered
by the Court that the said plaintiffs recover of the said defendants the sum afore
said in form aforesaid as found and also their costs herein expended and have execution therefor.
On note.
Now at this day come the parties, by their respective attorneys, and
the defendant, Ossing enters his appearance herein and consents
that judgment may be rendered herein against him and in
favor of the plaintiff for the sum of five hundred and fifty
eight dollars and twenty cents; and the plaintiff and the defendant,
a Jury submit this cause to the Court upon the pleadings and proofs and the Court
having duly heard and considered the same doth find therefrom that the defendant
and twenty cents. It is therefore considered by that they said plaintiff recover
of the said defendants the sum aforesaid inform aforesaid as found and agreed upon
and also his costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiff and the
defendants
Pilkington
defendant
and called comes not but makes default; and the other defendants withdraw their
answer herein leaving this suit undefended. It is therefore on motion of the plaintiff,
by its attorney, ordered that the petition herein be taken against the defendants
as confessed: and the Court finds from the instrument of writing on which this
action is founded that the defendant are indebted to the plaintiff in the sum of
three hundred and seventy four dollars and forty nine cents. It is therefore con
sidered by the Court that the said plaintiff recover of the said defendants to the sum
aforesaid in form aforesaid as found and also its costs herein expended and have execution therefor.
On Policy of Insurance.
Now at this day come again the parties by their
respective attorneys, and also the Jury, empanelled
and sworn herein and thereupon the trial progressed
and being finished the Jury aforesaid upon their
oaths aforesaid find for the plaintiff and assess the damages at the sum of two
thousand and thirty nine dollars and sixty six cents. It is therefore, considered by
the Court that the said plaintiff recover of the said defendants the sum aforesaid in
form aforesaid as assessed and also her costs herein expended and have execution therefor
motion for new trial field.
On notes.
Now at this day come the plaintiffs and the defendants
tiffs dismiss this suit as to the defendant,
on motion of said plaintiffs leave in given to amend the
petition herein as to make it read "
of
Gage
It is therefore on motion of the plaintiffs by their attorney ordered that the petition
herein be taken against the said defendants as confessed: and the Court finds
from the instrument of writing on which this action is founded that the defendants are
indebted to the plaintiffs in the sum of two hundred and eighty nine dollars and
seventy one cents. It is therefore considered by the court that the said plaintiffs re
cover of the said defendants the sum aforesaid asfound and also their costs herein expended and have execution therefor.
On account.
Now at this day come the parties by their respective attorneys,
and thereupon come also a Jury, to wit;
six good and lawful men, who being by consent duly elected tried and sworn the
issues herein well and truly to try the trial progressed and being finished the Jury
retire to consider of their verdict.
Satisfaction.
entire satisfaction of the judgment rendered herein on the
eenth day of November eighteen hundred and fifty eight
the sum of two hundred and fifty six dollars and fifty four cents.
Continued on affidavit of defendant. Costs to abide
result.
Now at this day comes
the judgment herein and submits his motion heretofore
filed for an execution against the defendant
Able
and considered the said motion order that the
same be sustained, and that execution issue against the said
in said application.
Now at this day comes the plaintiff, by his attorney, but the
defendants,
and called come not but make default, wherefore, on mo
tion of the plaintiff, by his attorney, it is ordered that the
petition herein be taken against them as confessed, Alias
Summons ordered for defendant,
Non suit.
Now at this day come the plaintiff and the defendant
this suit as to
a Jury submit this cause to the Court upon the pleadings and
proofs, and thereupon the trial progressed and being fin
ished the plaintiff says he will not further prosecute this suit but voluntarily takes
a nonsuit. It is therefore considered by the Court that the said plaintiff take
nothing by his suit in this behalf but that the defendant go hence without day and
recover of the said plaintiff his costs herein expended and have execution therefor.
Now at this day come the parties by their respective attorneys
and the defendants move the Court to set aside the default
herein and the Court having duly heard and considered
the said motion doth overrule the same; and thereupon
come a Jury, to wit:
and
and sworn the plaintiffs damages well and truly to assess the trial progressed and
being finished the Jury retire to consider of their verdict.
The Court having duly heard and considered the motion to dis
charge and dissolve order staying execution and being thereof fully
advised doth overrule the same.
The court having duly heard and considered the motion to strike
out parts of the answer herein doth overule the same.
Copy of Order for production of papers and sheriff
return on same filed.
The Plaintiff, in person, comes and files an assignment to
fifty eight
Court met pursuant to adjournment. Present as before.
Continued by consent at plaintiffs costs.
Continued by consent at plaintiffs costs.
Continued as on affidavit at defendants costs.
Continued by consent.
Continued by consent.
Inventory filed.
Dismissal.
By consent of parties it is ordered by the Court that this cause
be dismissed at the costs of the defendant and that execution
issue therefor.
Continued by consent.
Order of Sale.
and files a statement from which it appears, that the
keeping of the property attached under the writ herein will
be attended with much expense before the probable ter
mination of this suit, and is likely to depreciate in value; it is therefore ordered, that
said Sheriff sell said property according to law, and that he make a report of his
proceedings under this order on or before the first day of the next term of this Court.
Order of Sale.
County, comes and files a statement from which it appears,
that the keeping of the property attached under the writ herein
will be attended with much expense before the probable ter
mination of this suit, and is likely to depreciate in value; it is
therefore ordered, that said Sheriff sell said property according to law, and that he make
a report of his proceedings under this order on or before the first day of the next term of
this Court.
Order of Sale.
files a statement from which it appears, that the keeping of
the property attached under the writ herein will be attended
with much expense before the probable termination of this suit,
and is likely to depreciate in value; it is therefore ordered, that
said Sheriff sell said property according to law, and that he make a report of his procee
dings under this order on or before the first day of the next term of this Court.
Order of Sale.
a statement from which it appears, that the keeping of the property
attached under the writ herein will be attended with much expense
before the probable termination of this suit, and is likely to depreciate in value; it is therefore
ordered, that said Sheriff sell said property according to law, and that he make a report
of his proceedings under this order on or before the first day of the next term of this Court.
Order of Sale.
comes and files statement from which it appears,
that the keeping of the property attached under the
writ herein will be attended with much expense
before the probable termination of this suit, and is
likely to depreciate in value; it is therefore ordered, that said Sheriff sell said property ac
cording to law, and that he make a report of his proceedings under this order on or before
the first day of the next term of this Court.
Order of Sale.
comes and files a statement from which it appears,
that the keeping of the property attached under the
writ herein will be attended with much expense before
the probable termination of this suit, and is likely to depreciate
in value; it is therefore ordered, that said Sheriff sell said property according
to law, and that he make a report of his proceedings under this order on or before the first
day of the next term of this Court.
Order of Sale.
and files a statement from which it appears, that the
keeping of the property attached under the writ herein
will be attended with much expense before the probable
termination of this suit, and is likely to depreciate in value; it is therefore ordered,
that said Sheriff sell said property according to law, and that he make a
report of his proceedings under this order on or before the first day of the next term of this Court.
Alias Summons ordered for Fox and cause continued.
Order of Sale.
comes and files a statement from which it appears
that the Keeping of the property attached under the
writ herein will be attended with much expense
before the probable termination of this suit and is likely to depreciate in value; it is
therefore ordered that said Sheriff sell said property according to law, and that he
make a report of his proceedings under this order on or before the first day of the next term of this Court.
Order of Sale.
County, comes and files a statement from
which it appears that the Keeping of the
property attached under the writ herein
bill be attended with much expense before the probable termination of this suit and is
likely to depreciate in value; it is therefore ordered that said Sheriff sell said property
according to law and that he make a report of his proceedings under this order on or be
fore the first day of the next term of this Court.
Order of Sale.
comes and files a statement from which it appears
that the Keeping of the property attached under the writ
herein will be attended with much expense before the
probable termination of this suit and is likely to de
preciate in value; it is therefore ordered that said Sheriff sell said property
according to law and that he make a report of his proceedings under this order on or
before the first day of the next term of this Court.
On note.
Now at this day come the parties, except the
defendants
and the plaintiffs dismiss this suit as to said
and agree with the plaintiffs that judgment
may be rendered herein in favor of said plain
tiffs and against said defendants for the sum of twenty four hundred and twelve
dollars and sixty nine cents. It is therefore considered by the Court that the said
plaintiffs recover of the said defendants the sum aforesaid inform aforesaid as agreed
upon and also their costs herein expended and have execution therefor.
Order of Publication.
The plaintiff files a petition and affidavit from which it appears that the de
fendant is a non resident of the State of Missouri; therefore on motion
of the attorneys for said plaintiff, it is ordered that the defendant be notified that a
civil action has been commenced against him to obtain a decree of divorce, and for other and general relief;
and unless he be and appear at the next term of this Court, to be begun and held at the City, of St Louis within
and for the County of St Louis on the fourth Monday of February next, and on or before the sixth day thereof
answer the petition herein the same will be taken against him as confessed. It is further ordered that a copy
hereof be published according to law in the Missouri Democrat, newspaper printed and published in the City of St Louis.
Judgment. Replevin.
Now at this day come the plaintiffs, by their
attorney, and waiving a Jury submit this cause to
the Court, upon the petition and proofs and the
Court having duly heard and considered the same
doth find that the plaintiffs are the owners of the property mentioned in the petition
and delivered to them at the commencement of this suit by the Coroner of St Louis
County, and doth assess their damages for the detention of the same at the sum of
fifty five dollars. It is therefore considered by the Court that the said plaintiffs
retain the possession of the said property and also recover of the said defendant the
sum aforesaid as assessed together with their costs herein expended and have exe
cution therefor.
On notes.
Now at this day come the parties, by their respective
attorneys, and the defendant,
answer herein, leaving this suit undefended, wherefore
on motion of the plaintiff by their attorney, it is ordered
by the Court that the petition herein be taken against him as confessed: and the plaintiffs
discontinues this suit as to the first note issued upon us to the defendant
party requiring a Jury, this cause is submitted to the Court upon the petition, exhibits and
answer, and the Court doth find thereform that the defendant,
the plaintiffs in the sum of twenty six hundred and twenty four dollars and fifty nine
cents; and the Court doth further find from the instruments of writing on which this action
is founded that the defendant,
hundred and eighty seven dollars and sixty two cents. It is therefore considered by the
Court that the said plaintiffs recover of the said defendants the sum afore
said inform aforesaid by the Court found and also their costs herein expended and have execution therefor.
On note.
Now at this day come the parties by their respective attorneys
and their defendant withdraws his answer herein leaving this suit
undefended, wherefore on motion of the plaintiff by his attorney
it is ordered by the Court that the petition herein be taken against
him as confessed: and the Court finds from the instrument of writing on which this action is
founded that the defendant is indebted to the plaintiffs in the sum of twelve hundred and
thirty eight dollars and ninety six cents. It is therefore considered by the Court that the said
plaintiffs recover of the said defendant the sum aforesaid inform aforesaid as found and also
their costs herein expended and have execution therefor.
On account.
Now at this day comes the plaintiff, by his attorney and waiving a Jury
submits this cause to the Court upon the petition, exhibits and proofs and
the Court having duly heard and considered the same doth find there from
that the defendant is indebted to the plaintiff in the sum of two hundred and twenty
eight dollars and seven cents. It is therefore considered by the Court that the said plain
tiff recover of the said defendant the sum aforesaid inform aforesaid by the
Court found and also his costs in this behalf expended and have execution
therefor.
On account.
Now at this day come the plaintiffs, by their attorneys and waiving
a Jury submit this cause to the Court upon the petition and
proofs, and the Court having duly heard and considered the
same doth assess the plaintiffs damages sustained by reason of
the premises in the petition mentioned at the sum of One hundred and fifty two dollars
and fifty cents. It is therefore considered by the Court that the said plaintiffs recover of
the said defendant the sum aforesaid inform aforesaid as assessed and also their costs herein
expended and have execution therefor.
On note.
Now at this day come the plaintiff and the defendant,
by their respective attorneys, but the defendant,
summoned and called comes not but makes default wherefore
on motion of the plaintiff, by his attorney, It is ordered by the Court
that the petition herein be taken against him as confessed: and neither party requiring a
Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly
heard and considered the same doth find there from that the defendants are indebted to
the plaintiff in the sum of two hundred and twenty eight dollars and thirty three cents. It
is therefore considered by the Court that the said plaintiff recover of the said defendants the
sum aforesaid in form aforesaid as found and also his costs herein expended and have exe
cution therefor. Judgment to bear interest at the rate of ten percent per annum from this date until paid.
On account.
Now at this day come the plaintiffs, by their attorneys and waiving
a Jury submit this cause to the Court upon the petition and proofs,
and the Court having duly heard and considered the same doth
assess the plaintiffs damages sustained by reason of the premises
in the petition mentioned at the sum of two hundred and eighty three dollars. It is therefore
considered by the Court that the said plaintiffs recover of the said defendant the sum afore
said inform aforesaid as assessed and also their costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiff and the
defendant,
respective attorneys, and the plaintiff dismisses
this suit as to the defendant,
party requiring a Jury, this cause is submitted to the Court upon the pleadings and
proofs, and the Court having duly heard and considered the same doth find there from
that the defendants,
of nine hundred and one dollars and seventy seven cents. It is therefore considered
by the Court that the said plaintiff recover of the said defendants the sum aforesaid in
form aforesaid by the Court found and also its costs herein expended and have execution therefor.
By consent of parties, it is ordered by the Court that
H Osborn
of Seventy five dollars for his services and that the Receiver
pay the said sum to said Commissioner out of the funds in his hands. Agreement
filed, Depositions from Louisiana returned by Commissioner.
On note.
Now at this day come the parties, by their respective attorneys,
and thereupon come also a Jury to wit:
nard
Meyer
and
duly elected tired and sworn the issues herein joined well and truly to try the
trial progressed and being finished the Jury aforesaid upon their oaths aforesaid find
for the plaintiff, and assess the damages at the sum of twelve hundred and nineteen
dollars and ten cents. It is therefore considered by the Court that the said plaintiff recover
of the said defendants the sum aforesaid in form aforesaid as assessed and also his costs herein
expended and have execution therefore.
Decree of Divorce.
Now at this day comes the plaintiff by her attorney, and on motion of
said plaintiff, and the defendant having made default the Court proceeds
to hear the proof herein, and having duly heard and considered the same
and being satisfied therefrom of the good conduct of the plaintiff and that the plaintiff
is an innocent and injured party, it doth order, adjudge and decree that she be absolutely
and forever divorced from the bonds of matrimony by his contracted with the defen
dant and be restored to all the nights and privileges of an unmarried person. It is further
ordered that the plaintiff pay the costs herein and that execution issue therefore.
Decree of Divorce.
Now at this day comes the plaintiff by her attorney, but the defen
dant, although duly summoned and called comes but makes de
fault, wherefore on motion of the plaintiff, by her attorney it is
ordered by the Court that the petition herein be taken against him as confessed: and there
upon the Court proceeds to hear the proofs, and having duly heard and considered the
same, and being satisfied therefrom of the good conduct of the plaintiff, and that the
plaintiff is an innocent and injured party, it doth order that she be absolutely and forever
divorced from the bonds of matrimony by her contracted with the defendant and be re
stored to all the rights and privileges of an unmarried person. It is further ordered that
the defendant pay the costs herein and that execution issue therefore.
On note.
Now at this day come the plaintiff and the
defendant, Mulloy, by their respective attorneys,
but the defendant,
summoned and called comes not but makes
default, wherefore, on motion of the plaintiffs, by their attorney, it is ordered by the Court
that the petition herein be taken against him as confessed and the defendant,
files a motion for a continuance herein and the Court having duly heard and considered
the said motion doth overruled the same; and neither party requiring a Jury this cause is
submitted to the Court upon the pleadings and proofs and the Court having duly heard
and considered the same doth find therefrom that the defendants are indebted to the plain
tiffs in the sum of Six hundred and thirty dollars and forty two cents. It is therefore con
sidered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid
in form aforesaid as found together with interest thereon at the rate of ten percent per annum
from this date until paid and also their costs herein expended and have execution therefore.
Judgment. Replevin
Now at this day come the parties again, by their respective attor
neys, and also the Jury empanelled and sworn herein, and the
Jury aforesaid upon their oaths aforesaid find for the plaintiff
and assess the damages at the sum of One cent. It is therefore
considered by the Court that the said plaintiff retrain the possession of the property mentioned
in the petition and delivered to him at the commencement of this suit by the Coroner of
St Louis County, and that he recover of the said defendants the sum aforesaid in form aforesaid
as assessed and also his costs herein expended and have execution therefore.
On note.
Now at this day come the plaintiff and the defendant,
by their respective attorneys, and the plaintiff dismisses this suit
as to the defendant,
quiring a Jury, this cause is submitted to the Court upon the
pleadings and proofs, and the Court having duly heard and considered the same doth
find therefrom that the defendant,
hundred and thirty one dollars and twenty one cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as
found and also his costs herein expended and have execution therefore Judgment to bear interest
at the rate of ten per cent per annum from this date until paid.
On account.
Now at this day come again the parties, by their respective attorneys, and also
the Jury empanelled and sworn herein, and the Jury aforesaid upon their
oaths aforesaid say they are unable to agree upon a verdict; wherefore it
is ordered by the Court that the Jury aforesaid be discharged from the further consideration
of this cause, and that this cause be continued until the next term of this Court/
Satisfaction.
and acknowledges to have received full and entire
satisfaction of the judgment rendered herein on the
day of October eighteen hundred and fifty eight
Six hundred and six dollars and twenty seven cents.
On note. Non Suit.
Now at this day come the parties, by their respective attorneys, and waiving
a Jury submit this cause to the Court upon the pleadings and proofs,
and thereupon the trial of this cause progressed, and after proceeding
at some length the plaintiff says he will not further prosecute his suit herein but voluntari
ly takes a non suit. It is therefore considered by the Court that the said plaintiff take
nothing by his suit in this behalf, but that the defendant go hence without day and recover
of the plaintiff his costs herein expended and have execution therefore.
Dismissal.
By consent of parties it is ordered by the Court that this suit
be dismissed and that each party pay half of the costs herein
and that execution issue therefore.
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed at
the costs of the defendant and that execution issue therefor.
Alias Summons ordered for
Notice of motion for leave to issue execution and sheriffs
return on defendant Hayes filed.
Motion to consolidate causes of action withdrawn.
Order of Publication.
The Sheriff having made return that the defendant.
not be found and the Court being satisfied that process cannot
be served upon him, therefore, on motion of the plaintiff, by his
attorney, it is ordered, by the Court that he be notified, that a
civil action has been commenced against him for the sum of One thousand dollars for
a balance due on two larges sold and delivered by the plaintiff to the defendants and that
unless he be and appear at the next term of this Court to be begun and held at the City of
St Louis, within and for the County of St Louis on the fourth Monday of February next, and
on or before the sixth day thereof answer the petition herein the same will be taken against
him as confessed. It is further ordered that a copy hereof be published, according to law, in
the St Louis Herald a newspaper printed and published in the City of St Louis: and
it is also ordered that an alias Summons issue herein for the said defendant
returnable to the next term of this Court.
Dismissal.
On motion of the plaintiff by his attorney it is ordered by the
Court that this suit be dismissed at the costs of the said
plaintiffs and that execution issue therefore.
Now at this day come the parties by their respective
attorney and thereupon come also a Jury, to wit:
Bick
F Bernard
being duly elected tired and sworn the issues herein joined well and truly to try the
trial progressed but not being finished further proceedings are laid over until to
morrow morning.
Motion to substitute other Commissioners filed.
Transcript of Judgment filed.
Statement for continuance filed.
Court met pursuant to adjournment. Present as before.
Motion for new trial filed.
Continued by order of Court.
On account.
Now at this day come the plaintiffs, by their attorney
and waiving a Jury submit this cause to the Court
upon the petition and proofs, and the Court having
duly heard and considered the same doth assess the
plaintiffs damages sustained by reason of the premises
in the petition mentioned at the sum of One hundred and forty five dollars and
seventeen cents. It is therefore considered by the Court that the said plaintiffs re
cover of the said defendants the sum aforesaid in form aforesaid as assessed and also
their costs herein expended and have execution therefore.
The Court having duly heard and considered the motion to suppress
the depositions for the plaintiff doth sustain the said motion as
for as it relates to the depositions taken in the State of Ohio
and doth overrule the said motion as to the other depositions. On motion leave
is given the plaintiff to amend her petition herein within thirty days from this dates and
this cause is continued to the next term of this Court.
Now at this day come the parties by their respective at
torneys, and submit the defendants motion to suppress
he plaintiffs depositions to the Court and the Court
having duly heard and considered the said motion
doth overrule the same, thereupon come also a Jury, to wit;
twelve good and lawful men who being duly elected tried and sworn the issues
herein joined well and truly to try the trial progressed and being finished the Jury
aforesaid upon their oaths aforesaid find for the plaintiffs and assess the damages
at the sum of ten hundred and twenty seven dollars and fourteen cents. It is therefore
considered by the Court that the said plaintiffs recover of the said defendants the sum
aforesaid inform aforesaid as assessed and also their costs herein expended and have
execution therefore.
On note.
Now at this day come the parties, by their respective attor
neys and waiving a Jury submit this cause to the Court
upon the pleadings and proofs, and the Court having duly
heard and considered the same, doth find there from trial
the defendant is indebted to the plaintiffs in the sum
of twenty hundred and ninety three dollars and thirty three cents. It is therefore con
sidered by the Court that the said plaintiffs recover of the said defendant the sum
aforesaid in form aforesaid as found and also their costs herein expended and have
execution therefore.
Now at this day come again the parties, by
their respective attorneys, and the Jury empanelled
and sworn herein also come, and thereupon the trial
of this cause progressed and being finished the
Jury aforesaid upon their oaths aforesaid find for
the plaintiff and assess the damages at the sum of twenty five hundred and eighty
eight dollars and seventy five cents. It is therefore considered by the Court that the
said plaintiff recover of the said defendants the sum aforesaid inform aforesaid by
the Jury assessed and also his costs herein expended and have execution therefore.
The Court having duly heard and considered the motion to
set aside the verdict of the Jury upon the plea in the nature of
a plea in abatement, and being thereof fully advised doth
overrule the same. On motion of the plaintiff, by his attorney, it is ordered by the
Court that this cause be set for trial on the twenty first day of December inst.
The Court having duly heard and considered the demurrer
to the amended petition and being thereof fully ad
vised doth order that the same be overruled.
The Court having duly heard and considered the motion to set
aside the non suit herein and being thereof fully advised doth
order that the same be overruled.
Now at this day comes the attorney for the plaintiff and sug
gests to the Court that since the commencement of this
suit the said plaintiff has departed this life. It is therefore
ordered that this suit do abate.
Order of Publication.
Now at this day comes the plaintiff, by his attorney, and files a
petition and affidavit from which it appears that the defendant
is a non resident of the State of Missouri; it is therefore on motion
of plaintiffs attorney, ordered that said defendant be notified of the commencement
of this suit, the abject of which is to obtain a decree of divorce, and unless she be and
appear at the next term of this Court, to be begun and held at the City of St Louis within
and for the County of St Louis, on the fourth Monday of February next, and on or before the
sixth day thereof answer the plaintiffs petition the same will be taken against her as
confessed. It is further ordered that a copy hereof be published, according to law, in the
St Louis Daily morning Herald a newspaper printed and published in the City of St Louis.
Now at this day come the parties, by their respective attorneys, and
thereupon come also a Jury, to wit:
Perrin
and
sworn the issues herein joined well and truly to try the trial progressed, and being
finished the Jury aforesaid upon their oaths aforesaid find for the defendants. It is therefore
considered by the Court that the said plaintiff take nothing by his suit in this behalf,
but that the defendants go hence without day and recover of the said plaintiff their
costs herein expended and have execution therefor.
Assignment of judgment to
administrator filed.
Answer of
continuance filed.
Court met pursuant to adjournment. Present as before.
Late Sheriff of St Louis County, comes in Open Court and acknowledges
the execution of a deed by him, as such Sheriff, to
of all the right, title, interest, claim, estate and property of
following described property, to wit; situate lying and being in the Common of Carondelet
South of the River Des Peres, to wit; Lot Number four (4) containing 37 05/100 arpens, Lot
Number five (5) containing 37 60/100 arpens, Lot number six (6) containing 37 64/100 arpens, Lot
number thirty seven (37) containing 38 47/100 arpens, Lot Number thirty eight (38) con
taining 39 10/100 arpens, Lot number forty (40) containing 39 98/100 arpens, Lot number forty
one (41) containing 39 98/100 arpens, Lot number forty seven (47) containing 40 03/100 arpens, Lot
number forty eight (48) containing 38 80/100 arpens, Lot number forty nine (49) containing
38 86/100 arpens, Lot number fifty (50) containing 39 16/100 arpens, Lot number fifty one (51)
containing 39 27/100 arpens, Lot Number eighty (80) containing 38 76/100 arpens, Lot number
eighty one (81) containing 38 80/100 arpens, Lot number eighty two (82) containing 39 121/100 arpens,
Lot number eighty three (83) containing 49 14/100 arpens, Lot number eighty four (84) containing
37 91/100 arpens, Lot number eighty five (85) containing 39 98/100 arpens, also Lot number
Seven (7) twenty three (23) and thirty three (33) in Block seventy nine (79) in Commons
of St Louis, the West half of quarter block seventy nine, (79); and also Lots number
thirty nine (39) and forty seven (47) in the East half of said quarter block which are
more particularly described by deed recorded in Book 201 page 19 of record in
Recorders Office of St Louis County, also Lot number Eighty nine (89) of the Survey
of the Commons of Carondelet South of the River Des Peres; Sold by virtue of
eight Executions; six of which issued from the St Louis Circuit Court, and all return
able to the
H Smith
and
one in favor of
dover
Sigerson
Pleas returnable to the
of
of said executions issued from the St Louis Land Court in favor of
against
and also one other execution issued from the St Louis Circuit Court returnable to the
Late Sheriff of St Louis County, comes in Open Court and
acknowledges the execution of a Deed by him as such sheriff
to
interest, claim and estate of
ty, to wit: a certain piece or parcel of ground in City Block No 711, and described
as follows: Beginning at a point in the Northern edge of Emmett street, sixty five
feet Westwardly from the South East corner of the aforesaid clock; thence parallel
with Jackson street Northwardly Sixty feet, thence Westwardly and parallel with
said Emmett street fifteen feet, thence Southwardly and parallel with
street sixty five feet to the Northern edge of said Emmett street; thence Eastwardly
with the said Northern edge of Emmett street fifteen feet to the place of beginning:
Sold by virtue of Execution issued from the Office of the Clerk of the St Louis Circuit
Court in favor of
Late Sheriff of St Louis Country, comes in Court and acknowledges
the execution of a deed by him, as Such Sheriff, to
of all the right, title, interest, claim, estate and property of Eneas
the following described real estate, to wit: Lots number 8, 9 and 10 of Block no 1 of
the Second Subdivision in St Louis Commons, in the City and Country of St Louis, State
of Missouri, containing 77 feet 6 inches front, by a depth of 121 feet; bounded South
by Cherokee, East by Lot no 7, North by an alley, West by Indiana avenue. Also,
Lots nos 25, 26, 27, 28, and 29 in Block no 2 of same Subdivision, containing 125
feet front, by a depth of 125 feet; bounded East by Indiana avenue. South by Cherokee
street, West by an alley, North by Lot no 30, being in the Southwest quarter of Block
58 of De Ward's Survey. Also Lots no 1, 2, 3, 4 and 5 in Block no 1 of the same
Subdivision containing 133 feet 3 inches front, by a depth of 125 feet; bounded South by
Cherokee street, West by Lot no 6, North by and alley, East by Illinois avenue. Also Lots
no 25, 26, 27, and 28, of the same Block and Subdivision, containing 102 feet 6 inches
front, by a depth of 23 feet 3 inches; bounded West by Illinois avenue. North by What Utah street,
East by alley, South by Lot no 24, and being in the Southeastern quarter of Block 53 of said
Common, according to the Survey thereof made by
acquired by said
of October, 1854
one of which issued from the Office of the Clerk of the St Louis Circuit Court, returnable
to the
Henry Warren
of said executions issued from the Office of the Clerk of the St Louis Court of Corrd
mon Pleas, returnable to the
favor of
another in favor of
of
Late Sheriff of St Louis Country, comes in open Court, and and
acknowledges the execution of a deed by him as such Sheriff, to
Wilson primm of all the right, title, interest, claim, estate, and property of
Sigerson
being in the Common of Carondelet, South of River Des Peres, to wit: Lot number 42
containing 38 90/100 arpens, and lot no 46 containing 38 35/100 arpens, South of said River
Des Peres. Sold by virtue of nine executions; seven of which issued from the St Louis
Circuit Court, returnable to the
in favor of
against
against
Sigerson
and against
and against
of Common Pleas returnable to
favor of
one other of said executions issued from the St Louis Land Court returnable to the
against
Statement of issues filed.
Motion for new trial filed.
Motion for a new trial filed.
Motion for a new trial filed.
Petition.
Now at this day come the parties, by their respective attorneys, and
thereupon come also a Jury, to wit;
Bernard
Haffman
men, who being duly elected tried and sworn the issues herein joined well and truly to try the
trial progressed and being finished the Jury aforesaid upon their oaths aforesaid find for
the plaintiff and assess the damages at the sum of one hundred and fifty dollars. It is there
fore considered by the Court that the said plaintiff recover of the said defendant the sum
aforesaid in form aforesaid as assessed and also his costs herein expended and have
execution therefore.
Petition. Non suit.
Now at this day come the parties by their respective
attorneys and thereupon come also a Jury to wit;
Beck
X Perrin
eleven good and lawful men, who being by consent
duly elected tried and sworn the issues herein joined
well and truly to try trial commenced and after proceeding at some length the plain
tiff say they will not further prosecute their suit herein but voluntarily take a non suit.
It is therefore considered by the Court that the said plaintiffs take nothing by their
suit in this behalf but that the defendants go hence without day and recover of the
said plaintiffs their costs and charges herein expended and have execution
therefore.
On note.
Now at this day come the parties, by their respective attorneys, and
submit the application of the defendant for a continuance to
the Court and the Court having duly considered the said
motion doth order that the same be overruled; and neither party
requiring a Jury this cause is submitted to the Court upon the
pleadings and proofs, and the Court having duly heard and considered the same doth
find therefrom that the defendant is indebted to the plaintiffs in the sum of two hundred
and thirty dollars and thirteen cents. It is therefore considered by the Court that the said
plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as found and
also their costs herein expended and have execution therefore.
Continued on affidavit at defendants costs.
Motion to set aside default and assessment of damages filed.
Depositions for defendants opened and filed.
Court met Pursuant to adjournment. Present as before.
Motion to set aside non suite and for new trial filed.
Depositions for plaintiff ofened and filed.
Depositions for defendant opened and filed.
Motion for new trial filed.
Attachment. Order of Publication.
The plaintiffs, by their attorney, file an additional
affidavit herein from which it appears that the defen
dants are non residents of the State if Missouri;
therefore on motion of said attorney it is ordered by
the Court that they be notified that a civil action has
been commenced against there for the sum of three hundred and ninety nine dollars
and sixteen cents, for goods sold and delivered to them by the plaintiffs; and that their
property has been attached, and unless they be and appear at the next turn of this Court to
be holden at the City of St Louis within and for the County of St Louis, on the fourth Monday
of February next, and on or before the third day thereof answer the petition herein judgment
will be rendered against them and their property sold to satisfy the same. It is further
ordered that a copy hereof be published according to law in the Missouri Democrat,
a newspaper printed and published in the City of St Louis.
Attachment. Order of Publication.
The Byplaintiffs, by their attorney, file an additional affidavit
from which it appears that the defendants are not residents
of the state of Missouri, therefore motion of said attor
ney, it is ordered by the Court that they be notified that
a civil action has been commenced against them for the
sum of one hundred and sixty two dollars and twelve cents, for twelve barrells of
Bourbon whiskey sold and delivered to them by the plaintiffs, and that their property
has been attached, and unless they be and appear at the next term of this Court to be holden
at the City of St Louis, within and for the County of St Louis, on the fourth Monday of
February next, and on or before the third day thereof answer the petition herein judgment
will be rendered against them and their property sold to satisfy the same. It is further
ordered that a copy hereof be published according to law in the Missouri Democrat,
a newspaper printed and published in the City of St Louis.
Order of Publication.
The plaintiff having heretofore filed a petition and affidavit, sta
ting that the defendant is a nonresident of the State of Missouri
now, therefore, on motion of plaintiffs attorney it is ordered by the
Court, that she be notified that a civil action has been commenced against her to
obtain a decree of divorce, and unless she be and appear at the next term of this Court,
to be holden at the city of St Louis, within and for the County of St Louis, on the fourth
Monday of February next, and on or before the sixth day thereof answer the petition herein
the same will be taken against her as confessed. It is further ordered that a copy
hereof be published, according to law, in the Missouri Republican, a newspaper prin
ted and published in the City of St Louis.
Order for Delivery.
The plaintiff comes and files a petition and affidavit according
to law claiming the possession of certain personal property therein
described; wherefore it is ordered that there defendant deliver the
property specified in said petition to the Sheriff of St Louis County, and said
Sheriff is here by directed if said property be not delivered to him to take it from
the defendant and deliver it to the plaintiff.
Order for Delivery.
The plaintiff comes and files a petition and affidavit according to
law, claiming the possession of certain personal property therein de
scribed; wherefore it is ordered the defendant deliver the prop
erty specified in said petition to the sheriff of St Louis County, and said Sheriff is
hereby directed if said property be not delivered to him to take it from the defendant
and deliver it to the plaintiff.
Objections to bond filed by
Objections to Bond filed by
Objections to Bond filed by
Objections to Bond filed by
Objections to Bond filed by
Objection to Bond filed by
Objections to Bond filed by
Objections to bond filed by
Motion for leave to issue execution against
filed. Notice of motion for leave to issue execution and proof
of service on John Hendricks filed.
Dismissal.
On motion of the plaintiffs, by their attorney, it is
ordered by the Court that this suit be dismissed at the
costs of said plaintiffs and that execution issue therefore.
On Bill of Exchange.
Now at this day comes the parties, by their respective
attorneys, and waiving a Jury, submit this cause
to the Court upon the pleadings and proofs,
and the Court having duly heard and considered
the same, doth find for the plaintiff and assess
his damages at the sum of four hundred and eighty dollars and twenty eight cents. It
is therefore considered by the Court that the said plaintiff recover of the said defendants
the sum aforesaid in form aforesaid assessed and also his costs herein expended and
have execution therefore. Motion for new trial filed.
Petition.
Now at this day come the parties, by their respective attorney,
and thereupon come also a Jury, to wit;
Hoffman
Arnold
duly elected tired and sworn the issues herein joined well and truly to try, the trial pro
gressed but not being finished further proceedings are continued until Monday morning.
Motion for new trial filed.
Motion for new trial filed.
Separate answer of
Separate answers of
and
Separate answers of
and
Separate answers of
and
Separate answers of
Exceptions to Commissioners Report filed.
Answer filed.
Plaintiff, by his attorney, comes and files a remittitur for the sum
of three hundred and thirty eight dollars and forty two cents of the
judgment herein rendered for six hundred and eleven dollars and forty
two cents.
The Court having duly heard and considered the motion for judg
ment on the demurrer and being thereof fully advised doth overrule
the same. Twenty days is given the plaintiff to amend.
The Court having duly heard and considered the motion for judgment
on the demurrer and being thereof fully advised, doth overrule the same.
Twenty days is given the plaintiff to amend.
It is ordered that this cause be set for trial on the Sixth
day of January next.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by
the Court that this suit be dismissed at the costs of the said
Plaintiffs and that execution issue therefore.
Now at this day come the parties, by their respective attorneys and
file separate affidavits for an appeal, wherefore, it is ordered by
the Court that an appeal be allowed said parties to the
Supreme Court from the judgment herein rendered. Bill of Exceptions filed.
Court met pursuant to adjournment. Present as before.
On notes.
Now at this day come the plaintiff and the defendant
Moies, by their respective attorney, but the other defendant,
although duly summoned and called, comes not but makes
default; and the said defendant, Moies, withdraws his answer
herein, and consents and agrees with the plaintiff that judgment may be rendered
herein against him and in favor of the plaintiff for the sum of five hundred and
thirty one dollars and eighty seven cents. And the Court finds from the instru
ments of writing on which this action is founded that the defendant, Woodward, is
indebted to the plaintiff in the sum of five hundred and thirty one dollars and
eighty seven cents. It is therefore considered by the Court that the said plaintiff
recover of the said defendants the sum aforesaid in form aforesaid as found and
agreed upon, and also his costs herein expended and have execution therefore.
On notes.
Now at this day come the parties, by this respective
attorney, and waiving a Jury submit this cause
to the Court upon the pleadings and proofs, and
the Court having duly heard and considered
the same, doth find therefrom that the defendants
are indebted to the plaintiffs in the sum of seven hundred and twenty three dollars
and ninety eight cents. It is therefore considered by the Court that the said plaintiffs
recover of the said defendants the sum aforesaid in form aforesaid as found together with
interest therein at the rate of ten percent per annum from this date until paid and
their costs herein expended and have execution therefore.
On note.
Now at this day come the parties, by their respective attorneys,
and waiving a Jury submit this cause to the Court
upon the pleadings and proofs, and the Court having duly
heard and considered the name doth find therefrom
that the defendant is indebted to the plaintiffs in the sum of ten hundred and three
dollars and fifty eight cents. It is therefore considered by the Court that the said plaintiffs
recover of the said defendant the sum aforesaid inform aforesaid as found and also
their costs herein expended and have execution therefore.
On notes.
Now at this day come the parties by their respective at
torney and waiving a Jury submit this cause to the Court
upon the pleadings and proofs, and the Court having duly
heard and considered the same doth find there from, that
the defendant is indebted to the plaintiff in the sum of four thousand four hundred
and eighteen dollars and thirty six cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendant the sum aforesaid in form
aforesaid as found and also his costs herein expended and have execution
therefor.
On notes and account.
Now at this day come the plaintiffs, by their attorney,
and waiving a Jury, submit this cause to the Court upon
the petition, exhibits, and proof, and the Court having
duly heard and considered the same, doth assess the
plaintiffs damages at the sum of twenty six hundred and four dollars and seventy
cents. It is therefore considered by the court that the said plaintiffs recover of the
said defendant the sum aforesaid in form aforesaid as assessed and also their costs
herein expended and have execution therefore.
On note.
Now at this day come the parties, by their respective attorney,
and the defendants withdraw their answer herein, leaving this
action undefended, and failing further to appear and plead
herein, it is, therefore, on motion of the plaintiff by his attorney
ordered that the petition herein be taken against the said defendants as confessed: and
the Court finds from the instrument of writing on which this action in founded that
the defendants are indebted to the plaintiff in the sum of five hundred and forty one
dollars and ninety two cents. It is therefore considered by the Court that the said plain
tiff recover of the said defendants the sum aforesaid in form aforesaid as found and
also his costs herein expended and have execution therefore.
On notes.
Now at this day comes the plaintiff, by his attorney, but the
defendant, although duly called, comes not; and the plaintiff
withdraw so much of petition as relates to two notes dated
the
ninety nine cents, and the after for one hundred dollars, and waiving a Jury submits this
cause to the Court upon the pleadings and proofs and the Court heaving duly heard and
considered the same, doth find there from that the defendant is indebted to the plain
tiff in the sum of four hundred and twenty two dollars and thirty two cents. It is
therefore considered by the Court that the said plaintiff recover of the said defendant
the sum aforesaid in form aforesaid as found and also his costs herein expended
and have execution therefore.
Petition.
Now at this day come the parties, by their respective attorneys,
and also the Jury empanelled and sworn herein, and
thereupon the trial progressed and being finished the Jurors
aforesaid upon their oaths aforesaid find for the plaintiffs
and assess their damages a the sum of one hundred
dollars. It is therefore considered by the Court that the plaintiff recover of the
defendants she sum aforesaid in form aforesaid by the Jury assessed and also their
costs herein expended and have execution therefore.
On motion of the plaintiff by his attorney, it is ordered by
the Court that an alias Summons issue herein for the defen
dant,
this Court.
Petition on Borrowed money.
Now at this day come the parties by their attorneys
and agree that judgment may be rendered
herein in favor of the plaintiff and against
the defendant for the sum of One hundred and
sixty one dollars. It is therefore considered
by the Court that the said plaintiff recover
of the said defendant the sum aforesaid inform
aforesaid as agreed upon and also his costs herein expended and have execution
therefor. By consent of parties execution is stayed three moths.
Petition on Borrowed Money.
Now at this day come the parties, by their
attorneys, and agree that judgment may be
rendered herein against the defendant and
in favor of the plaintiff for the sum of One
hundred and eighty eight dollars and forty
one cents. It is therefore considered by the
Court that the said plaintiff recover of the
said defendant the sum aforesaid inform aforesaid as agreed upon and also his costs herein
expended and have execution therefore. By consent of parties execution is stayed for
Six months.
Motion for judgment for want of answer to amended petition
filed.
Separate denials of claims of
filed.
Answer of
Now at this day come the parties by their respective
attorneys, and the defendant files an application and
affidavit for a continuance herein and the Court
having duly heard and considered the same doth order that the said application be over
ruled; thereupon the Court proceeds to hear the proof herein, but the hearing thereof not
being finished further proceedings are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Depositions for plaintiff opened and filed.
Motion for rehearing and affidavit in support thereof filed
Affidavit of
Petition of
ance of claim filed.
Affidavit for continuance filed by defendant.
Motion for judgment on Indemnification Bond.
Agreement of parties this day filed, and in pursuance
thereof this cause is dismissed at the costs of the plain
tiffs, amounting to the sum of Sixty two dollars and
fifty two cents, and in further pursuance of said agree
ment it is hereby ordered that
Sheriff of the County of St Louis, do pay over to said
and
hands arising from the sale of the property attached in the suit
company
to One hundred and seven dollars and thirty cents; which casts said Sheriff shall first
pay out of said proceeds.
By consent of parties, it is ordered by the Court that the
garnishees he discharges at the costs of said plaintiffs and
the execution issue therefore.
Now at this day come said garnishees, heaving heretofore
filed herein their separate answers in this behalf, and it ap
pearing from the said answers that the said garnishees when
summoned in this be hall held for and as the property
of said
tain notes and evidences of debt mentioned in the said
answers, and that the said notes and evidences of debt have been by said garnishees
delivered into court, and the same being by order of this Court delivered to
hcock
it is ordered that said garnishees be and they are here by respectively discharged of and
from all further liability on account of the said evidences of debt by them so con
fessed and delivered into Court.
On motion of plaintiff, the Court appoints
Esq, Receiver in this behalf, for the purpose and with authority
as by law in such case provided to receive settle and collect by
action at law in his own name thereon or otherwise according to law
, the notes and evidences of debt mentioned in the answer of
said defendants and by said garnishee delivered into Court; whereupon the said
in the penal sum of five thousand dollars with
that the said evidences of debt be delivered by the Clerk to the said Receiver and that
he proceed to settle and collect the same without delay, and that he make report of
his proceedings in that behalf.
Garnishment.
Now at this day come as well the plaintiff as the said
garnishees, by their respective attorneys, and it appearing
to the Court from the answers of said garnishees that at the
time they were summoned herein as such they had in
their possession belonging to the defendant,
sum of ninety seven dollars and seventy five cents, It is therefore considered by the Court
that the said plaintiff recover of the said garnishees the sum aforesaid as confessed and
have execution therefore, and that out of said sum she pay the costs as well of the original
suit as of this proceeding. The sum often dollars is allowed each garnishee for answering
herein.
Garnishment.
Now at this day come as well the plaintiff as the garni
shees, by their respective attorneys, and it appearing to the
Court from the answers of said garnishees that at the time
they were summoned herein as such they had in their
possession belonging to the defendant,
of three hundred and thirty dollars and eighty seven cents.
It is therefore considered by the Court that the said plaintiff recover of the said garnishees
the sum aforesaid as confessed, and have execution therefore, and that out of said sum he
pay the costs as well of the original suit as of this proceeding. The sum of ten dollars
is allowed each garnishee for answering herein.
Garnishment.
Now at this day come as well the said plaintiff as
the said garnishees, by their respective attorneys, and
it appearing to the Court from the answers of the
said garnishees that at the time they were sum
moned herein as such they were indebted to the
defendant,
and forty one dollars and eighty cents. It is therefore considered by the Court that
the said plaintiff recover of the said garnishees the sum aforesaid in form aforesaid
as confessed and have execution therefore, and that out of said sum be pay the costs
as well of the original suit as of this proceeding. The sum of ten dollars is allowed
each garnishee for answering herein.
Garnishment.
Now at this day come as well the said plaintiff as the
said garnishees, by their respective attorneys, and it ap
pearing to the Court from the answers of said garnishees
that at the time they were summoned herein as such
they were indebted to the defendant,
sum of One hundred and forty two dollars and forty three cents, It is considered by the
Court that the said plaintiff recover of the said of finishes the sum aforesaid in from
aforesaid as confessed, and have execution therefore, and that out of said sum he pay
the costs as well of the original suit as of this proceeding. The sum of ten dollars is
allowed each garnishee for answering herein.
Continued by Consent.
Continued by consent.
Continued by consent of parties.
continued as on affidavit at defendants casts.
Ordered of Sale.
ment from which it appears that le has sized the said
Steam Boat
office of the St Louis Circuit Count, and that five days have elapsed since said
seizure and that no person has given bond according to law for said boat, therefore, it is
ordered that said Sheriff proceed to sell said boat at public auction to the highest
bidden fro cash and that he give twenty days public notice of the time and place of
sale by publication according to law.
On account.
Now at this day come the plaintiffs, by this attorney,
and waiving a Jury, submit this cause to the Court upon
the pleadings and proofs, and the Court having duly heard
and considered the same, doth assess the plaintiffs dam
ages by reason of the premises in the petition mentioned at the sum of two hundred
and nine dollars and thirty seven cents. It is therefore considered by the Court that
the said plaintiffs recover of the said defendant the sum of aforesaid in form aforesaid as
assessed and also their costs herein expended and have execution therefore.
On motion of the plaintiffs, by their attorney, it is ordered
by the Court that the said garnishee be discharged at the
costs of said plaintiffs and that execution issue therefore.
Now at this day come again the parties by their
respective attorneys, and thereupon the hearing of the
proof progressed, but the hearing thereof not being
finished further proceedings further proceedings are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
deed of emancipation to his slaves
Satisfaction.
Plaintiff, by her attorney, comes in open Court, and acknowl
edges to have received full and entire satisfaction of the
judgment herein rendered on the twenty first day of De
cember, eighteen hundred and fifty eight.
Satisfaction.
Plaintiff, by his attorney, comes in open Court and ack
nowledges to have received full and entire satisfaction
of the judgment herein rendered on the
of December eighteen hundred and fifty eight
Satisfaction.
Plaintiff, by his attorney comes in Open Court and ack
nowledges to have received full and entire satisfaction
of the judgment herein rendered on the twenty first day
of December eighteen hundred and fifty eight.
Satisfaction.
Plaintiff, by his attorney, comes in Open Court and ack
nowledges to have received full and entire satisfac
tion of the judgment herein rendered on the
of December eighteen hundred and fifty eight
On motion of
assignee herein, the Court appoints
Watson
to appraise the mentioned in the inven
tory filed herein.
On note.
Now at this day come the parties, by their respective attorneys, and
waiving a Jury submit this cause to the Court upon the pleadings
and proofs and the Court having duly heard and considered the
same doth find there from that the defendants are indebted to
the plaintiff in the sum of twenty five hundred and seventy five dollars and twenty cents.
It is therefore considered by the Court that the said plaintiff recover of the said defendants
the sum aforesaid in form aforesaid by the Court found and also his costs herein expended
and have execution therefor.
Separate answer of
Bill of Exceptions filed by defendants.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the
Court that this action be dismissed at the costs of the said plain
tiff and that execution issue therefor.
Now at this day come again the parties by their respective attorneys
and thereupon the hearing of proof progressed but not being fin
ished further proceedings are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Order of Publication. Attachment.
The plaintiff having heretofore filed a petition and
affidavit, from which it appears that the defendants is
a corporation whose chief office or place of business is
out of the State of Missouri; now, therefore, on motion
of the attorney for said plaintiff, it is ordered by the Court that the said defendant be notified
that the civil action has been commenced against it for the sum of six hundred and thirteen dol
lars, on account of the failure of said defendant to deliver to the plaintiff certain goods en
trusted to the defendant as a common carrier, by the plaintiff: and that the property of the
defendant has been attached; and unless the defendant be and appear at the next term of
this Court, to be begun and held at the Court House in the City of St Louis, within and
for the County of St Louis, on the fourth Monday of February next, and on or before the
third day of said term, answer to the said action, judgment will be rendered against
it, and the property of the defendant sold to satisfy the same. It is further ordered that
a copy hereof be published, according to law, in the Missouri Democrat, a newspaper
published in the City of St Louis.
On motion of the plaintiff, by his attorney, it is ordered
by the Court that the garnishees
M Ludlow
of
costs of said plaintiff and that execution issue therefor. The sum of ten dollars is allowed
each firm for answering herein.
Continued by consent of parties.
Now at this day come again the parties, by their respective
attorneys, and thereupon the hearing of the proof progressed
and being finished the Court takes time to consider
thereof.
Order of Sale.
Now at this day comes the plaintiff, by his attorney and files as state
ment herein from which it appears that the keeping property attached under
the writ herein will be attended with much expense before the probable
termination of this suit and is likely to depreciate in value; it is therefore ordered that
S Cerre
deem most beneficial to all parties and that he make a report of his proceedings under this order on
or before the first day of the next term of this Court.
Court met pursuant to adjournment. Present as before.
Depositions for plaintiff opened and filed.
Motion for new trial filed.
Depositions for plaintiff opened and filed.
Motion for new trial filed.
Confession of Judgment.
Now at this day comes the defendant and files a statement in wri
ting duly verified by affidavit whereby he confesses himself indebted
to the plaintiff in the sum of Eleven hundred and sixty dollars
and seventy nine cents and consents that judgment may be rendered against him for
that amount. It is therefore considered by the Court that the said plaintiff recover of the
said defendant the sum aforesaid in form aforesaid as confessed, and also his costs herein
expended and have execution therefor.
Attachment Order of Publication.
The Sheriff having made return that the said defendant can
not be found, and the Court being satisfied that process cannot be
served upon him therefore, on motion of the attorney for the plain
tiff, it is ordered by the Court that he be notified that a civil ac
tion has been commenced against him for the sum of five hundred and fifty one dollars,
found on a bill of exchange, and that his property has been attached, and unless he be
and appear at the next term of this Court, to be begun and held at the City of St Louis,
within and for the County of St Louis, on the fourth Monday of February next, and on
or before the third day thereof, answer the petition herein, judgment will be rendered against
him, and his property sold to satisfy the same. And it is further ordered that a copy
hereof he published, according to law, in the Missouri Democrat, a newspaper printed
and published in the City of St Louis.
Substitution of Commissioners.
The Court having duly heard and considered the plaintiffs
motion to substitute other Commissioners and being thereof
fully advised doth order that the same be and is hereby sus
tained. And the Court substitute and appoints
son
juction with
heretofore rendered herein and they are required to make report of their proceedings to this Court without delay.
Garnishment.
Now at this day come as well the said plaintiff as the said garnishee
by their respective attorneys, and it appearing to the Court from
the answer of said garnishee that at the time he was summoned
herein as such he had in his possession belonging to the defendants
the sum of five hundred dollars, It is therefore considered by the Court that the said plaintiff
recover of the said as found the sum aforesaid as confessed, and have execution therefor
and that out of said sum he pay the costs as well of the original suit as of this proceedings.
The sum of ten dollars is allowed the garnishee for answering herein.
Judgment set aside.
On motion of the plaintiff by their attorney, it is ordered by
the Court that the judgment by confession obtained herein on the
the same is hereby set aside and for naught held. And it is
further ordered that this cause be dismissed at the costs of the said plaintiffs and that
execution issue therefor.
Petition
Now at this day come the plaintiffs, by their attorney but the defen
dant failing to appear, although duly called, the plaintiffs waive
a Jury and submit this cause to the Court upon the pleadings
and proofs, and the Court having duly heard and considered the
same doth find therefrom, that the defendant is indebted to the plaintiffs in the sum of
One hundred and sixty one dollars and ten cents. It is therefore considered by the Court
that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as
found and also their costs herein expended and have execution therefor.
On note
Now at this day come the parties by their respective attorneys
and waiving a Jury submit this cause to the Court upon
the pleadings and proofs, and the Court having duly heard
and considered the same doth find there from that the
defendants are indebted to the plaintiff in the sum of twelve hundred and fifty dollars.
It is therefore considered by the Court that the said plaintiff recover of the said defendant
the sum aforesaid by the Court found and also his costs herein expended and have
execution therefore.
Petition.
Now at this day come the parties, by their respective attorneys and thereupon
come also a Jury to wit;
men, who being duly elected tried and sworn the issues herein joined well and truly
to try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid
find for the plaintiff and assess the damages at the sum of two hundred and
nine dollars and nine cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendant the sum aforesaid in form aforesaid as assessed
and also his costs herein expended and have execution therefor.
Assignees Bond filed and approved.
Appraisement filed.
Dismissal.
By consent of parties it is ordered by the Court that this
cause be dismissed at the costs of the said defendants and
that execution issue therefor.
Answer and Counter claim filed.
Ordered that dedimus issue to Maryland for plaintiffs.
Confession of Judgment.
Now at this day comes the plaintiff and files a petition herein, and
the defendant also comes and files a statement duly verified by
affidavit, whereby he confesses himself indebted to the plaintiff in
the sum of one hundred and eighty eight dollars and fifty cents and consents that judgment may
be rendered against him for that sum. It is therefore considered by the Court that the
said plaintiff recover of the said defendant the sum aforesaid inform aforesaid as
confessed and also his costs herein expended and have execution therefor.
Confession of Judgment.
Now at this day comes the plaintiff, by his attorney and
files a statement of the defendant duly verified by affi
davit whereby the said defendant confesses herself indebted
to the plaintiff in the sum of six hundred and ten dollars and seventy four cents and
consents that judgment may be rendered against her for that sum. It is therefore
considered by the Court that the said plaintiff recover of the said defendant the sum
aforesaid in form aforesaid as confessed and also his costs herein expended and have
execution therefor.
Court met pursuant to adjournment. Present as before.
Amended petition filed.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Ordered that an alias attachment and summons issue
herein to the Sheriff of Jefferson County.
Ordered that an alias attachment and summons issue herein
to the Sheriff of Jefferson County.
It is ordered by the Court that the City of St Louis,
the garnishee summoned herein, be discharged hence at the
costs of said plaintiff and that execution issue therefor.
The Court having duly heard and considered the affi
davit for a continuance herein and being thereof fully
advised, doth overrule the same.
Bill of Exceptions filed by defendants.
Now at this day come again the parties by their
respective attorneys, and the Court being now fully
advised of and concerning the premises doth order
that the petition and cross bill be dismissed at the costs of the plaintiff and
that execution issue therefor.
Dismissal.
By consent of parties it is ordered by the Court that this cause
be dismissed at the costs of the plaintiff and that execution issue therefor.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered
by the Court that this cause be dismissed at the costs of the said
plaintiffs and that execution issue therefor.
Order of Sale.
files a statement from which it appears that he has
seized the said Steam Boat Polar Star under a war
rant issued from the Office of the Clerk of the St Louis Circuit Court, return
able to the
said seizure, and no person has given bond according to law for said Boat, therefore
it is ordered that said Sheriff proceed to sell said boat by public auction to the
highest bidder for cash; first giving twenty days public notice of the time and place of
sale, by publication, according to law.
The Court having duly heard and considered the demurrer
to the petition herein and being thereof fully advised doth
order that the same be sustained.
The Court having duly heard and considered the demurrer
to the petition herein and being thereof fully advised doth
order that the same be sustained.
The Court having duly heard and considered the demurrer
to the petition herein and being thereof fully advised doth order
that the same be sustained.
The Court having duly heard and considered the demurrer to the
petition herein and being thereof fully advised doth order that the
same be sustained.
The Court having duly heard and considered the demurrer
to the petition herein and being thereof fully advised doth order
that the same be overruled.
Depositions for plaintiff filed.
Now at this day come the plaintiffs, by their attorney, and
file a motion for leave to issue execution on the judgment ren
dered herein on the
dred and forty nine
cents, the Court having duly heard and considered the said motion, and being thereof
fully advised doth order that the same be sustained and that execution issue in accor
dance with said motion.
Petition.
Now at this day come the parties, by their respective attorneys, and
thereupon come also a Jury, to wit;
twelve good and lawful men, who being duly elected tried and sworn the issues herein
joined well and truly to try, the trial progressed and being finished the Jurors afore
said upon their oaths aforesaid find for the defendant. It is therefore considered
by the Court that the said plaintiff take nothing by his suit in this behalf but that
the defendant go hence without day and recover of the said plaintiff his costs herein ex
pended and have execution therefor.
Answer filed.
Appeal from Probate Court.
Now at this day come the parties, but their respective
attorneys, and thereupon come also a Jury, to wit;
Benson
who being duly elected, tried and sworn the issues herein joined well and truly to try the trial
progressed, but not being finished further proceedings are laid over until tomorrow morning.
Now at this day comes the defendant by his attorney, and
files and affidavit for an appeal herein, wherefore it is ordered
that an appeal be allowed him to the Supreme Court from the
judgment herein rendered, and he thereupon files an appeal bond
which is approved by the Court.
Court met pursuant to adjournment Present as before.
enrolled as a member of this Bar.
Continued.
On motion of the Plaintiffs, by their attorney, leave is given
to amend the petition herein so as to include in the sum de
manded the whole amount of the policy of Insurance
alleged to be payable; which amendment is accordingly
made by striking out on the fourth page of said petition all from word, "twenty," down to
word "payable" and inserting the words, "four thousand dollars", in lien thereof.
On motion of the plaintiffs, by their attorney, leave
is given to amend the petition herein so as to include
in the sum demanded the whole amount of the
Policy of Insurance alleged to be payable, which amend
ment is accordingly made by striking out on the fourth page of said petition all from
the word "four" down to the word, "payable", and inserting the words, "five thousand dol
lars", in lien thereof, and also striking out on side page the word, "four", and inserting
"five", on the fourth line from the signature of counsel.
On motion of the Plaintiffs, by their attorney, leave is
given to amend the petition herein so as to include in the
sum demanded the whole amount of the Policy of In
surance alleged to be payable; which amendment is accordingly made by striking out on the
fourth Page of said Petition all from the word "two" down to the word "appear", and inserting
"five thousand dollars" in lien thereof; and by striking out on said page in the third line from
the signature of counsel the word "two" and inserting "five."
On motion of the plaintiffs, by their attorney, leave is given
to amend the petition herein so as to include in the amount
demanded the whole amount of the Policy of insurance
alleged to be payable, which amended is accordingly made
by striking out on the fourth page thereof all from the words "fourteen" down to "payable,"
and inserting "five thousand dollars" and by striking out on said page the words "fourteen hun
dred" and inserting "five thousand," on the third line from signature of counsel,
On motion of the plaintiffs, by attorney, it is ordered that the
default rendered be act aside and for naught held. Cause continued.
Confession of Judgment.
Now at this day comes the defendant and files a state
ment in writing duly verified by affidavit, whereby he
confesses himself indebted to the defendant in the sum
of seven hundred dollars, and consents that judgment
may rendered against him for that sum. It is therefore considered by the court that
the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as
confessed, and also its costs herein expended and have execution therefor.
Garnishment.
Now at this day come the plaintiff and the garnishee,
plaintiff dismisses this suit as to
the garnishees summoned herein; and neither party requiring
a jury, this cause is submitted to the court, and the court,
having duly heard and considered the evidence and the arguments of counsel, doth find that
the said garnishee, at the time he was summoned herein as such, had in his possession, charge
and control belonging to the said defendant,
and seven dollars and seventy three cents. It is therefore considered by the court that the
execution therefore, and that out of said sum he pay the costs of this proceeding. The sum of
twenty five dollars is allowed said garnishee for appearing and answering herein.
On Notes.
Now at this day come the plaintiffs and the defen
dants, except
attorneys; and the plaintiffs dismiss this suit as to the
said defendant
this cause is submitted to the court upon the pleadings and proofs, and the court having
duly heard and considered the same doth find therefrom that the defendants are indebted
to the plaintiffs in the sum of nineteen hundred and eighty one dollars and ninety three cents.
It is therefore considered by the court that the said plaintiffs recover of the said defendants
the sum aforesaid by the court found together with interest at the rate of ten per cent
per annum from this date until paid and their costs herein expended and have execution therefor.
Appeal from Probate court.
Now at this day come again the parties, by their re
spective attorneys, and the jury empanelled and
sworn herein also come, and there upon the trial of
this cause progressed and being finished the jury
aforesaid upon their as oaths aforesaid find for the plaintiff and assess the damages at the
sum of fifty six dollars and forty two cents. It is therefore considered by the court that
the said plaintiff recover of the Estate of
Stiefvater
herein expended, and that this judgment be certified to the St Louis probate court there
to be proceeded on according to the Statute in such case made and provided.
Motion for new trial filed.
On Note and Account.
Now at this day come the Parties, by their respective attorneys, and
there upon come also a Jury, to wit:
issues herein joined well and truly to try, the trial progressed and being finished the jurors
aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the
sum of thirteen hundred and twenty three dollars and nineteen cents. It is therefore
considered by the court that the said plaintiff recover of the said defendant the sum afore
said in form aforesaid by the jury assessed and also his casts herein expended and have
execution therefor.
Default.
Now at this day comes the plaintiff, by his attorney, but the said
answer the interrogatories filed herein against him, it is, on
motion of the said plaintiff, ordered by the court that the
same be taken against him as confessed; and this proceeding is continued to the next
turn of this court.
On plea in Abatement.
Now at this day come the parties, by their respective attorneys,
and there upon come also jury to wit;
Burt
who being duly elected, tried and sworn the issue joined upon the plea in abatement well
and truly to try, the trial progressed but not being finished further proceedings are laid
over until tomorrow morning.
Continued as on affidavit at defendants costs.
Answer of
On motion of the garnishee, by its attorney, it is
ordered that the said garnishee be discharged hence
at the costs of said plaintiff and that execution issue
therefor.
Court met pursuant to adjournment. Present as before.
Amended petition field.
Reply filed by consent.
Order of Sale.
County, comes and files a statement from
which it appears that the keeping of the property
attached under the writ herein will be attended
with much expense before the probable termina
tion of this suit and is likely to depreciate in value; it is therefore ordered by the Court
that said Sheriff sell said property according to law, and that he make a report of
his proceedings under this order on or before the first day of the next term of this Court.
Order of Sale.
files a statement from which it appears that the Keeping of the
property attached under the writ herein will be attended with much
expense before the property termination of this suit, and is likely to depreciate in value;
it is therefore ordered that said Sheriff sell said property according to law, and that
he make a report of his proceedings under this order on or he before the first day of the
next term of this Court.
Garnishment.
Now at this day come the plaintiffs, by their attorney,
but the said garnishee,
to appear and answer the interrogatories herein, it is
on motion of said plaintiffs ordered that the said
interrogatories be taken against him as confessed; and
the plaintiffs, waiving a Jury, submit this proceeding to
the Court, and the Court, having duly heard and consid
ered the evidence, doth find therefrom that the said garnishee at the time he was sum
moned herein as such was indebted to the said defendants in the sum of One hundred
and six dollars and fifty cents. It is therefore considered by the Court that the
said plaintiffs recover of the said garnishee the sum aforesaid in form aforesaid by
the Court found and have execution therefore, and that out of said sum they pay
the costs of this proceeding.
On Plea in Abatement.
Now at this day come again the parties, by their respective attorney
and also the Jury empanelled and sworn herein, thereupon the
trial progressed, but not being finished further proceedings
and laid over until tomorrow morning.
Garnishment.
Now at this day come the plaintiff by their
attorney, but the said garnishee,
Chiles
the interrogatories filed herein, although duly
summoned so to do, it is therefore, on motion
of the said plaintiff, ordered by the Court
that the said interrogatories be taken against
him as confessed; and the plaintiffs, waiving a Jury, submit this proceeding to the Court,
and the Court having duly heard and considered the evidence, doth find therefrom that
the said garnishee at the time he was summoned herein as such was indebted to the said
defendants in the sum of One hundred and nineteen dollars and ten cents. It is therefore
considered by the Court that the said plaintiffs recover of the said garnishee the sum afore
said in form aforesaid as found and have execution therefore, and that out of said sum
they pay the costs as well of the original suit as this proceeding.
On account.
Now at this day come the parties, by their respective attorneys,
and the defendant files an answer herein, whereby she con
fesses herself indebted to the plaintiffs in the sum of three
hundred and sixty seven dollars and thirty cents, and con
sents that judgment may be rendered against her for that sum. It is therefore con
sidered by the court that the said plaintiffs recover of the said defendant the sum afore
said in form aforesaid as confessed and also their costs herein expended and have execution
therefor.
Order of Publication.
On motion of the plaintiff by his attorney it is ordered that the defendant
be notified that a civil action has been commenced against him for the
sum of Seven Thousand one hundred and twenty one dollars and ninety
seven into, on account of goods wares and merchandise sold and delivered to the defendant
by the plaintiff and that his property has been attached; and unless he appear at the next term of
this Court to be begun and held at the City of St Louis, within and for the County, of St Louis,
on the fourth Monday of February next, and on or before the third day thereof, answer to the
action aforesaid, according to law, judgment will be rendered against him and his property
sold to satisfy the same. And it is further ordered that a copy hereof be published accor
ding to law in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
Court met pursuant to adjournment. Present as before.
Order that a dedimus issue to the State of Tennessee
for the defendant.
Default.
Now at this day come the plaintiff, by his attorney, but
the said garnishee although duly summoned and called
comes not nor hath be answered the interrogatories filed
herein; it is therefore, on motion of the said plaintiff, by his
attorney ordered that the said interrogatories betaken against him so confessed.
On Plea in Abatement.
Now at this day come again the parties, by their respective at
torneys, and also the Jury empanelled and sworn herein, and
thereupon the trial progressed, and being finished the Jury
retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
Continued by consent of parties.
Continued by consent of parties.
Inventory filed.
On motion of
herein, the Court appoints
ratio D Hewitt
appraise the property and effects assigned.
Answer filed. Motion to dissolve injunction and
motion to increase penalty of injunction bond, and also
motion to require receiver to file additional security on
Bond filed.
Motoin to quash Execution filed.
Motion filed to set aside order discharging
garnishee. Denial of garnishees answer filed.
Agreement filed.
Agreement filed.
Agreement filed.
Agreement filed.
Depositions for plaintiff
opened and filed.
Garnishment.
Now at this day come as well the said plaintiff as the said garni
shee, by their respective attorneys, and thereupon come also a
Jury, to wit;
Brewster
men who being duly elected tried and sworn the issues joined between the said parties well
and truly to try the trial progressed and being finished the Jurors aforesaid upon their oaths
aforesaid find that the garnishee is indebted to the defendant, S F Cooper, in the sum of
thirteen hundred and seventy five dollars and nineteen cents. It is therefore considered by
the Court that the said plaintiff recover of the said garnishee the sum aforesaid if form
aforesaid by the Jury found and have execution therefore and that out of said sum he pay the
costs of this proceeding. Motion for new trial filed.
On Plea in abatement.
Now at this day come again the parties, by their respective
attorneys, and also the Jury empanelled and sworn herein;
and the Jurors aforesaid upon their oaths find for the defen
dant. It is therefore considered by the Court that the said defen
dant, at the commencement of this suit, had not fraudulently conveyed or assigned his
property and effects so as to hinder and delay his creditors; wherefore it is ordered by the Court
that the attachment herein be dissolved and this suit dismissed at the costs of the said
plaintiffs and that execution issue therefore.
Court met pursuant to adjournment. Present as before.
Affidavit of
Order for Production Property.
The plaintiff by his attorney comes files a motion for an order for
an order for the delivery of the property attached herein, and the Court, having
duly heard and considered the same, doth order that
principal, and
given for the production and delivery of the said property, produce and delivers the property men
tioned and described in the said
County of St Louis, forthwith.
Inventory filed.
On motion of
it is ordered by the Court that
Donough
pointed appraised to appraise the property mentioned in the inventory.
The Court having duly heard and considered the motion
for a new trial herein and being thereof fully advised doth
overrule the same; and the Court having also heard and
considered the motion to retax costs allowed garnishee and being thereof fully advised
doth overrule the same.
Continued on affidavit at
On motion of defendant, by his attorney, twenty days is given
him to plead to the amended petition herein.
On motion of defendant, by his attorney twenty days is given
him to plead to the amended petition herein.
The Court having duly heard and considered the motion for a new
trial herein and being thereof fully advised doth overrule the same.
The Court having duly heard and considered the motion for
a new trial herein and being thereof fully advised doth
overrule the same.
Continued by consent of parties.
On motion of the plaintiffs, by their attorneys, leave is given the Sheriff
to amend his return herein by interlining the figures, "1857" in the
second line thereof: and the Court having duly heard and consid
ered the separate motions of the defendants,
vised, doth order that the said motions, and each of them, be overruled. The Sheriff amends
his return herein in accordance with leave of Court.
Petition on Judgment.
Now at this day come the parties, by their respective attorneys, and wai
ving a Jury submit this cause to the Court upon the pleadings and
proofs, and the Court having duly heard and considered the same
doth find therefrom that the defendant is indebted to the plaintiff in the sum of sixteen hun
dred and seven dollars. It is therefore considered by the Court that the said plaintiff re
cover of the said defendant the sum aforesaid in form aforesaid by the Court found and
also his costs herein expended and have execution therefore. Motion for new trial filed.
The Court having duly heard and considered the motion for new trial
herein and being thereof fully advised doth overrule the same.
The Court having duly heard and considered the Demurer
to the petition herein and being thereof fully advised doth order that
the same be sustained, and that this cause be taken from the
Docket.
The Court having duly heard and considered the motion
for a new trial herein and being thereof fully advised doth
order that said motion be overruled.
Motion to quash Execution and to set aside order granting
same against Daniel able filed.
Supplemental Bill filed by leave of Court.
The Court having duly heard and considered the motion
to substitute
doth order that the same be overruled.
The Court having duly heard and considered the demu
rer the amended petition herein and being thereof fully ad
vised, doth overrule the same.
Now at this day come the parties, by their respective attorneys, and file an agreement herein.
On note.
Now at this day come the plaintiff and the defendant
ward
so though duly summoned and called, comes not but makes default
wherefore on motion of the plaintiff, by his attorneys, it is ordered
by the Court that the petition herein be taken against him as confessed; and no Jury being
required, this cause is submitted to the Court upon the petition, answer, exhibition and proofs,
and the Court, having duly heard and considered the same, doth find there from that the
defendants are indebted to the plaintiff in the sum of fifteen hundred and forty four dollars.
It is therefore considered by the Court that the said plaintiff recover of the said defendants the
sum aforesaid inform as found and also his costs herein expended and have
execution therefore. Motion for new trial filed.
Motion for a new trial filed.
Court met pursuant to adjournment. Present as before.
The Court having duly heard and considered the defendants
affidavit for a continuance this day filed herein and being thereof
fully advised doth overrule the same.
Answer of
hundred and fifty eight
Answer of
Dismissal.
By consent of parties, it is ordered by the Court that this suit be dis
missed at the costs of the defendant and that execution issue therefore.
By consent of parties, it is ordered by the Court that the
discharge of the garnishee herein be set aside and for naught
held, and this cause continued until the next term of this Court.
Default
Now at this day come the plaintiffs, by their attorney, but
the said
garnishee, although duly called, comes not but makes default,
wherefore, on motion of the plaintiffs, by their attorney it
is ordered by the Court that the interrogatories herein be taken against him as confessed.
The Court having duly heard and considered the Demurer
to the petition herein and being thereof fully advised doth
overrule the same.
Continued generally.
Order for Delivery.
The plaintiff comes and files a petition and a affidavit according to
law claiming the possession of certain personal property therein de
scribed; wherefore it is order that the defendants deliver the property
specified in said petition to the Sheriff of St Louis County, and said
Sheriff is hereby directed if said property be not delivered the him to
take it from the defendants and deliver it to the plaintiff.
On motion of
appoints
to appraise the property and effect assignee.
On note:-
Now at this day comes the plaintiff, by its attorneys and
dismiss this suit as to the defendant,
comes the defendant,
attorneys and enters his appearance to this action; and
failing to answer herein, it is on motion of the plaintiff
by its attorney, ordered by the Court that the petition herein be taken against him as
confessed: and the Court finds from the instrument of writing on which this action is
founded that the said defendants is indebted to the plaintiff in the sum of Six hun
dred> and forty nine dollars. It is therefore considered by the Court that the said
plaintiff recover of the said defendant the sum aforesaid as found and also its costs herein
expended and have execution therefore.
On motion of the plaintiff by his attorneys it is ordered
that the garnishee be discharged hence at the costs of the
said plaintiff and that execution issue therefore.
Continued by consent.
Now at this day come the parties, by their respective
attorneys, and thereupon come also a Jury, to wit;
thorn
Wilkinson
Norris
and lawful men who being duly elected tried and sworn the issues herein joined well
and truly to try the trial progressed, but not being finished further proceedings are laid
over until tomorrow morning.
Exceptions to Commissions Report filed by
defendants.
On note.
Now at this day come the plaintiff and the defendants,
respective attorneys, and the plaintiff dismisses this suit
as to the defendant smith; and no Jury being required this
causes submitted to the Court upon the pleadings and proofs, and the Court having duly heard and
considered the same doth find therefrom that the said defendants are indebted to the plaintiff in
the sum of Eleven hundred and sixty eight dollars and thirteen cents. It is therefore considered by the
Court that the said plaintiff recover of the said defendants the sum aforesaid inform aforesaid by the
Court found and also its costs herein expended and have execution therefore.
Court met pursuant to adjournment. Present as before.
Deposition for defendants opened and filed.
Confession of judgment.
Now at this day comes the defendants and files a statement
in writing duly verified by affidavit, whereby he confesses him
self indebted to the plaintiff in the sum of three hundred
dollars, and consents that judgment may be rendered against
him for that sum. It is therefore considered by the Court that
the said plaintiff recover of the said defendants the sum aforesaid inform aforesaid as con
fessed and also their costs herein expended and have execution therefore.
Confession of Judgment.
Now at this day comes the defendant and files a statement in writing
duly verified by affidavit, whereby he confessed indebted to
the defendant in the sum of one hundred and thirty four dollars and
ninety five cents and consents that judgment may be rendered against him for that sum.
It is therefore considered by the court that the said plaintiff recover of the said defendant
the sum aforesaid inform aforesaid as confessed and also his costs herein expended and
have execution therefore.
Confession of Judgment.
Now at this day comes the plaintiff, by his attorneys, and files a statement
of the defendant duly verified by affidavit, whereby the said defendant
confesses himself indebted to the plaintiff the sum fourteen hun
dred and one dollars and five cents, and consents that judgment may be rendered against him
for that sum. It is therefore considered by the Court that the said plaintiff recover of the said
defendant the sum aforesaid inform aforesaid as confessed and also his costs herein expended
and have execution therefore.
Satisfaction.
to have received full and entire satisfaction of the judgment rendered
herein on the
Ordered that a dedimus issue to the State of New York for
the plaintiffs.
Petition.
Now at this day come again the parties, by their respective
attorneys, and also the Jury empanelled and sworn
herein, and thereupon the trial of this cause progressed
but not being finished further proceedings are laid over
until tomorrow morning.
Continued on amended affidavit.
J Luster
Keffer
sum of five hundred dollars to be levied of their respective goods and chattels, lands and
tenements, Yet upon condition that if they shall personally appear before this Court on the
first day of the next term of this Court to be begun and held at the City of St Louis within and
for the County of St Louis on the fourth Monday of February next, and from day to day during
said term and on the first day of any future term to which this cause may be continued,
to testify as a witness on behalf of the defendant in this cause of the gate of Missouri
versus
without leave thereof then this recognizance to be void else of full force and effect.
Court met pursuant to adjournment. Present as before.
is personally Known to the Court comes in open Court and acknowledges there execution of a Deed
of Emancipation by him as such attorney, to a mulatto slave
forty years, the property of said.
Depositions for plaintiffs opened and filed.
Depositions for defendants opened and filed.
Confession of Judgment.
Now at this day comes the defendant and files a statement in writing
duly verified by affidavit, whereby, the said defendant confesses
himself indebted to the plaintiff in the sum of four hundred and
sixty seven dollars and fifty nine cents, and consents that judgment may he rendered against
him for that amount. It is therefore considered by the Court that the said plaintiff recover
of the said defendant the sum aforesaid in form aforesaid as confessed and also his costs herein
expended and have execution therefore.
Appraisement filed.
Depositions for plaintiff opened and filed.
Motion for additional bond to secure claimants to filed.
Motion for additional Bond to secure claimants to filed.
Motion for additional Bond to secure claimants to filed.
Deed from
Petition
Now at this day come again the parties, by their re
spective attorney, and also the Jury empanelled and
sworn herein, and thereupon the trial of this cause pro
gressed but nothing finished further proceedings are
laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Now at this day comes said petitioner, and files a petition
duly verified by affidavit praying for a mandamus to issue
to said defendant; Upon consideration of which it is ordered
that an alternative mandamus issue in accordance with
the prayer of said petition returnable forthwith.
The Court having duly heard and considered the appli
cations of
of their claim herein and being then of fully advised doth
order that said application be refused.
The Court having duly heard and considered the
petition of
of said petitioner be refused and the said petition dismissed.
Bill of Exceptions filed.
Continued by consent at defendants costs.
The Court having duly heard and considered the motion for
a men trial herein and being thereof filly advised doth order
that said motion be overruled. The defendants file a
Bill of Exception herein.
Satisfaction.
Court, comes in open Court and acknowledges full and entire
satisfaction of the judgment rendered herein On the
day of October eighteen hundred and fifty eight
Satisfaction
of authority satisfactory to the Court, acknowledges full and
entire satisfaction of the judgment rendered herein on
the
Petition
Now at this day come again the parties, by their
respective attorneys, and also the Jury empanelled
and sworn herein, and thereupon the trial progressed
but not being finished further proceedings are said
over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Satisfaction.
Plaintiff, by their attorney come in Open Court and
acknowledge to have receives full and entire satisfaction
of the judgment rendered herein on the
December
and twenty three dollars and ninety eight cents.
Order of Sale.
Inventory of the property effects and things assigned,
with an affidavit by him that the same was a full
and complete Inventory of the property effects and things assigned, so for as the same had come
to his knowledge; the appraisers appointed by this Court to appraise the property, effects and
things so inventoried having this day filed their appraisement, which shows an appraisement
of the value of the property effects and things as inventoried as assigned, to amount to the sum
of nineteen thousand five hundred and eighty four dollars; the said assignee having this
day given bond with good and sufficient security, in the sum of thirty thousand dollars,
conditioned according to law, which is approved by the Court; and the said assignee having
applied to this Court for an order of this Court authorizing and allowing him to proceed to sell
and dispose of the property effects and things so assigned inventoried and appraised, at private
sale in the ordinary course of trade and business, at the store occupied by said assignors or
at such other place or places as said assignee may consider most proper in the City of St Louis
for the period of three months from this date; and mature deliberation being thereupon has, It
is ordered adjudged and determined by the Court that the said assignee,
be authorized and allowed to sell and dispose of the property, effects and things so assigned
inventoried and appraised or so much there of and such parts as he may be able and may
consider advisable, at private sale in the ordinary course of trade and business at the store
lately occupied by said assignors,
or places in the City of St Louis as he may consider best and most proper, for the period of
three months from this date.
Order of Sale.
And now comes
assignee herein, and makes his statement, from
which it appears to the Court that the interests of
the creditors of said
private sale of the estate and effects assigned; and thereupon the Court doth order that the said
assignee shall proceed to sell at private sale the said effects and estate for the period of forty
days next ensuing from the date of this order for cash for all sums less than one hundred
dollars, and for all sums over one hundred dollars at a credit of ninety days. The purchaser
to give notes endorsed to the satisfaction of said assignee; provided, however, that said
assignee shall not dispose of the said effects at such private sale for less than their ap
praised value, and if at the expiration of the said forty days the said assignee shall not
have disposed of said effects at private sale he shall after giving ten days public notice of the
time terms and place of sale by publication in some newspaper printed in the City of
St Louis sell such balance unsold, at public vendue to the highest bidder, the terms of
such sale at public vendue to be as above set forth to wit: for all sums under one hun
dred dollars, cash, for all sums above one hundred dollars, a credit of ninety days, the
purchaser to give notes endorsed to the satisfaction of the assignee. Said assignee files
a bond in the sum of forty five hundred dollars with good and sufficient security, con
ditioned according to law, which bond is approved by the Court.
Now at this day comes to defendant and files a bond for release
of said Boat in the sum of One hundred and ninety eight dollars
and fifty one cents, which bond is approved by the Court.
Satisfaction.
Now at this day come the plaintiff and acknowledges to have received
full and entire satisfaction of the judgment herein rendered on the
sum of three hundred and eighty seven dollars and sixty six cents.
Satisfaction.
authority satisfactory to the Court, acknowledges to have received
full and entire satisfaction of the judgment herein rendered on
the
red and thirty one dollars and ninety cents.
Petition for Certiorari filed.
Petition for Certiorari filed.
Petition.
Now at this day come again the parties, by their respective attor
neys, and also the Jury empanelled and sworn herein, and thereupon
the trial progressed but not being finished further proceedings
are laid over until tomorrow morning.
On Interplea of
Now at this day come the plaintiffs and
interpleader, by their respective attorneys, and waiving a
Jury submit this proceeding to the Court upon the pleadings
and proofs, and the Court having duly heard and considered the same doth find the issues herein joined in favor of
the plaintiffs. It is therefore considered by the Court that the said Interpleader take nothing by his interplead
herein, but that the said plaintiffs go hence without day and recover of the said Interpleader their costs and
charges in this behalf expended and have execution therefore.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by the Court
that this cause be dismissed at the costs of the said plaintiffs and
that execution issue therefore.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered
by the Court that this cause be dismissed at the costs of the said plaintiff
and that execution issue therefor Leave is given the plaintiff to withdraw notes
. sued on.
Deposition of
Deposition of
Order of Injunction.
Now at this day comes
and files a petition praying for an order of injunction against
the Marshall of St Louis County and the Court having
duly heard and considered the said application, doth
order that on the plaintiffs filing a good and sufficient bond in the sum of four hundred
and thirty dollars, conditioned according to law, the said Marshall of St Louis County his
servants agents and attorneys be restrained and enjoined from all further proceedings
under two certain executions issued from the Law Commissioners Count in favor of
W Barr
files a bond conditioned as above directed with
is approved by the Court.
Petition.
Now at this day come again the parties by their respective
attorneys and also the Jury empanelled and sworn
herein, whereupon the trial progressed, and after proceeding
at some length, it is on motion of the plaintiffs by
their attorney ordered by the Court, that this suit be
dismissed as to the defendant, Sherrick, thereupon the
trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find in favor
of the plaintiffs and against the defendant the City of St Louis, and assess the damages at the
sum of Seventeen thousand five hundred and seventeen dollars and eighty cents. It is
therefore considered by the Court that the said plaintiffs recover of the said defendant the
sum aforesaid in form aforesaid by the Jury assessed and also their costs herein expended
and have execution therefore.
Court met pursuant to adjournment. Present as before.
Answer of
and also motion to dissolve injunction filed.
Motion for new trial filed by inter pleader.
Dismissal.
On motion of the plaintiff by his attorney it is ordered by the Court that
this cause be dismissed at the costs of said plaintiff and that execution issue therefore.
Court met pursuant to adjournment. Present as before.
Motion for new trial filed. Motion in arrest of judgment filed de
bene use, Separate motions filed by
for judgment on verdick of Jury. Motion to dismisses to
Bill of Exceptions filed.
Order of Sale.
comes and files a statement from which it appears that
the keeping of the property attached under the writ herein
will be attended with much expense before the probable termination of this suit and is
likely to depreciate in value; it is therefore ordered that said Sheriff sell said property
according to law, and that he make a report of his proceedings under this order on or before
the first day of the next teem of this Court.
Court met pursuant to adjournment. Present as before.
Ordered that an alias Summons issue herein.
Answer of garnishee filed. Denial of answer filed.
Confession of Judgment.
Now at this day comes the defendant and files a statement duly
verified by affidavit whereby he confesses himself indebted to the
plaintiff in the sum of two hundred and ten dollars and fifteen cents.
And consents that judgment may be rendered against him for that sum. It is therefore
considered by the Court that the said plaintiff recover of the said defendant the sum afore
said in form aforesaid as confessed and also his costs herein expended and have execution therefore.
Dissolution of Injunction.
Now at this day come the parties, by their respective attorneys, and
waiving a Jury, submit this cause to the Court upon the pleadings
and proofs, and the Court having duly heard and considered the
same doth find for the defendants and assess their damages
sustained by reason of the Injunction here to fore granted herein at the sum of twenty one
dollars, It is therefore considered and adjudged by the Court that the said Injunction
as therein recited be and the same is hereby dissolved and rendered null and void, and that
the petition of the plaintiff be dismissed, and that the dependants recover of the said plain
tiff, and
expended and have execution therefore.
Order of Sale.
a statement from which it appears that the keeping of the property
attached under the writ herein will be attended with much expense
before the probable termination of this suit, and is likely to depreciate in value; it is there fore
ordered that said Sheriff sell said property according to law, and that he make a report of his
proceedings under this order on or before the first day of the next term of this Court.
Appeal from Probate Court.
Now at this day come the parties, by their respective
attorneys, and thereupon come also a Jury, to wit:
mol Cady
,
and
and sworn the issues herein joined well and truly to try the trial progressed, but not
being finished further proceedings herein are laid over until tomorrow morning
at ten o'clock.
Confession of Judgment.
Now at this day comes the defendant and files a statement in
writing duly verified by affidavit whereby he confesses himself
indebted to the plaintiff in the sum of four hundred and twenty
eight dollars and consents that judgment may be rendered against him for that sum. It
is therefore considered by the Court that the said plaintiff recover of the said defendant the
sum aforesaid in form aforesaid as confessed and also his costs herein expended and have
execution therefore.
Dismissal.
By consent of parties it is ordered by the Court that this
cause be dismissed at the costs of the defendants and that
execution issue therefore. By consent of parties leave is given
the defendants to withdraw the note sued.
Depositions for dependant opened and filed.
Continued.
Court met pursuant to adjournment. Present as before.
Depositions for plaintiffs opened and filed.
Affidavit for continuance filed.
Satisfaction.
Plaintiff by its attorney comes and in open Court acknowl
edges to have received full and entire satisfaction of the judg
ment rendered herein on the
sum of five hundred and ninety one dollars and fifty three cents.
Depositions for plaintiff opened and filed.
Now at this day come again the parties by their respective
attorneys, and also the Jury empanelled and sworn herein
and thereupon the trial progressed but not being fin
ished further proceedings and laid over until tomor
row morning.
Petition.
Now at this day come the parties by their respective attorneys;
and the defendants
pearance to this action and waive the service of process herein,
and thereupon the parties consent and agree that judgment may
be rendered herein for the plaintiff and against the defendants for
the sum of One hundred and fifty dollars. It is therefore consid
ered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in
form aforesaid as greed upon and also his costs herein expended and have execution therefore.
Thereupon the plaintiff, by his attorney, acknowledge to have received full and entire sat
isfaction of the above judgment agreement of parties filed.
Court met pursuant adjournment. Present as before.
Continued on affidavit at defendants costs.
Now at this day come again the parties by their respective
attorneys and also the Jury empanelled and sworn herein,
and thereupon the trial of this cause progressed but not being
finished further proceedings are laid over until tomorrow morning.
Affidavit of
Dedimus to New York for plaintiff ordered.
Ordered that a dedimus issue to Ohio for defendants.
Substitution of Trustee.
It appearing to the satisfaction of the Court from the statement of
trustee in a certain deed trust executed by
is recorded in the Recorders Office of the County of St Louis Book number two hun
dred and fourteen page fifty of the records of said County has removed from the State
of Missouri without having completed the performance of the duties imposed on him
by said deed of trust. It is therefore ordered by the Court that
Sheriff of St Louis County, be and he is hereby appointed and substituted trustee in place of said
provided.
Court met pursuant adjournment. Present as before.
It appearing to the Court that the judgment rendered on the
of October
by their attorney ordered that the same be set aside and for naught held: and
on motion of the plaintiff, by his attorney, it is ordered that the dismissed
as to Field be set aside and that an alias summons issue for him.
Now at this day come the defendants, by their attorney, and file an affidavit for an ap
peal, wherefore it is ordered by the Court that an appeal be allowed them to the Su
preme Court from the judgment herein rendered; thereupon the defendants file an
appeal bond in the sum of four hundred and sixty five dollars conditioned according to
law, with
Now at this day come again the parties, by their respective attorneys,
and also the Jury empanelled and sworn herein, and thereupon the
trial progressed but not being finished further proceedings are
laid over until Monday morning.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that
this cause be dismissed at the costs of the said plaintiff and that execution
issue therefor.
Deposition for dependants opened and filed.
Court met pursuant adjournment. Present as before.
Appeal from Probate Court.
Now at this day comes the parties, by their respec
tive attorneys, and submit the motion for a new
trial herein to the Court and the Court having
duly heard and considered the said motion and
being thereof fully advised doth order that the
same be overruled; and by consent of parties it so ordered by the Court that the judg
ment rendered herein for the sum of twenty hundred and twenty one dollars and forty
seven cents be set aside and for naught held; and thereupon the parties agree that judg
ment may be rendered herein in favor of the plaintiff against the defendant for the sum of
fifteen hundred and fifty dollars. It is therefore considered by the Court that the said
plaintiff recover of the estate of
his executor, the sum aforesaid in form aforesaid as agreed upon and also his costs herein
expended and that this judgment be certified to the St Louis Probate Court there to be
provided on according to the statute in such case made and provided.
Petition for Certiorari.
Now at this day come the parties by their respective
attorneys, and thereupon the Court proceeds to hear
the application for a Writ of Certiorari herein,
and the hearing thereof being finished, and the Court
being fully advised of and concerning the premised doth
order that said application be refused, and that the
petition herein be dismissed at the costs of the relators
and that execution issue therefore Opinion of Court filed.
Petition for Certiorari.
Now at this day come the parties, by their respective attorneys,
and thereupon the Court proceeds to hear the application for a Writ
of Certiorari and the hearing thereof being finished, and the Court
being thereof fully advised doth order that said application be
refused, and that the petition herein be dismissed at the costs
of the relator and that execution issue therefor.
Now at this day comes the parties, by their respective
attorneys, and also the Jury empannelled sworn
herein, and thereupon the trial cause progressed
but not being finished further proceedings are laid
over until tomorrow morning.
Court met pursuant adjournment. Present as before.
Satisfaction
Plaintiff by his attorney, come in Open Court and acknowledges
to home received full and entire satisfaction of the judgment ren
dered herein on the
Now at this day comes the plaintiff by her attorneys, and waives leave
to amend the petition herein; and on motion until to first day
of the next term of this Court is given the defendants to answers.
Motion to set aside judgment and recall execution filed.
Now at this day come again the parties, by their respec
tive attorneys and also the Jury empanelled and sworn
herein, and thereupon the trial progressed and being
finished the Jury retire to consider of their verdict.
Order of Injunction.
On motion of the plaintiff, it is ordered that the
following be made "nunc protune" as of the
October eighteen hundred and fifty eight
On reading and filing the petition and the plaintiff having
filed a bond in the sum of one thousand of one thousand dollars, condi
tioned according to law, with
W Cline
it is ordered that
County his servants, agents and attorneys, be restrained and enjoined form selling the undivided
half of a certain lot of ground, attached by him an the property of
described in said petition as follows; to wit; a certain lot of ground in the City of St Louis, County
of St Louis, State of Missouri, being lot No 23 in Block no there in Beaumonts Addition to said
City containing 25 feet front on Locust street by 134 feet e inches in depth to an alley bounded
"North by Locust street East by lot No 24, South by and alley and West by lot No 22;" until
the further order of this Court.
Court met pursuant adjournment. Present as before.
Second amended petition filed. By consent of parties twenty
days time is given the defendants to plead herein.
Second amended petition filed. By consent of parties twenty days
time is given the defendants to plead herein.
Appeal from Probate Court.
Now at this day come again the parties by their re
spective attorneys, and also the Jury empanelled and
sworn herein, and the Jurors aforesaid being agreed upon
a verdict upon their oaths aforesaid find that the
defendant had in his possession at the time of the filing of the petition in the Probate
Court the sum of twenty five hundred dollars, in money, belonging to the estate of
H Saltmarsh
said defendant the sum aforesaid in form aforesaid by the Jury found and also his costs
herein expenden.
Petition on Policy of Insurance.
Now at this day come the parties, by their respective attorneys, and
thereupon come also a Jury, to wit:
low
duly elected tried and sworn the issues herein joined well and
truly to try the trial progressed but not being finished further then proceedings are laid over
until tomorrow morning.
Court met pursuant adjournment. Present as before.
Now at this day come the defendants,
and enter their appearance to this action and waive the issue and
service of process herein.
On motion of the defendants,
torney, leave is given
the said defendant withdraws said not and files a copy thereof.
Motion for a new trial filed.
Dismissal.
On motion of the plaintiffs, by their attorneys, it is ordered by
the Court that this cause be dismissed at the costs of the said
plaintiffs and that execution issue therefor. Note withdrawn by leave.
Dismissal.
On motion of the plaintiffs, his attorneys, it is ordered by the Court
that this cause be dismissed at the costs of said plaintiffs and that ex
ecution issue therefor. Note withdrawn by leave of Court.
The Court having duly heard and considered the motion for a
new trial herein and being thereof fully advised doth order that
the same be overruled: and the Court having also duly heard
and considered the motion to tax the costs herein against the plaintiffs and being thereof
fully advised doth order that the same be overruled. Bill of Exceptions filed.
Order of Sale.
files a statement from which it appears that the Keeping of the
property attached under the writ herein will be attended with
much expense before the probable termination of this suit, and is
likely to depreciate in value, it is therefore ordered that said Sheriff sell said property
according to law, and that he make a report of his proceedings under this order on or before
the first day of the next term of this Court.
The Court having duly heard and considered the Demurrer
to the petition herein and being thereof fully advised doth order
that the same be sustained and that this suit be dismissed, for
want of jurisdiction, at the costs of said plaintiff and that execution issue therefor.
Now at this day come again the parties, by their respective attorneys
and also the Jury empanelled and sworn herein and thereupon
the trial progressed, but not being finished further proceedings
are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Continued generally
Continued generally
Continued generally
Continued generally
Garnishment on Execution.
On motion of
and the plaintiff having failed to file interrogatories herein
it is ordered that said garnishees be discharged hence at
the costs of the said plaintiffs and that execution issue
therefor. The sum of five dollars is allowed each garnishee for appearing herein.
On Policy of Insurance.
Now at this day come again the parties their respective attorneys,
and also the Jury empanelled and sworn herein, and thereupon
the trial progressed and being finished the Jurors aforesaid upon
their oaths aforesaid find for the plaintiffs and, assess the dam
age at the sum of five thousand one hundred and three dollars
and thirty three cents. It is therefore consider by the Court that
the said plaintiffs recover of the said defendants the sum aforesaid inform aforesaid as assessed,
and also their costs herein expended and have execution therefor.
Bill of Execution filed by plaintiff.
Stipulation of parties filed.
Satisfaction.
Plaintiff person, comes in open Court and acknowledges to have
received full and entire satisfaction of the judgment rendered
herein on the
of twenty five hundred dollars.
On motion, leave is given the plaintiff to withdraw the note sued on for
the purpose of taking depositions to be used herein.
Motion is arrest of judgment filed.
Court met Pursuant to adjournment. Present as before.
Now at this day come the defendants and file an
affidavit for an appeal herein wherefore it is
ordered that an appeal be allowed them to the
Supreme Court from the judgment herein rendered
and thereupon the said defendants file an appeal bond conditioned according to law with
good sufficient security which bond is approved by the Court.
Petition.
Now at this day come the parties by their respective attorneys, and
waving a Jury submit this cause to the Court upon the pleadings and
proofs, and the Court having duly heard and considered the same, doth
find for the plaintiff and assess the damages sustained by reason of the premises in the
petition mentioned at the sum of one cent. It is therefore considered by the Court that the
plaintiff recover of the defendant the sum aforesaid by the Court assessed, and have ex
ecution therefor and that the said plaintiff pay the costs herein and that execution therefor.
Motion for a men trial filed.
Motion to set aside judgment of dismissal filed.
Foreclosure of Mortgage.
Now at this day come said parties by their respective attorneys
and consent and agree that judgments be rendered herein
against said defendants for the sum of thirty two hundred
dollars: whereupon the Court doth find from the instru
ment of writing on which this action is founded that the
defendants are indebted to said plaintiff in the sum of
thirty two hundred dollars, and the Court doth further
find that the statement in said petition made are true
and that the mortgage made was executed in the manner and for the purpose therein set
forth. It is therefore considered by the Court that the said plaintiff recover of the said defen
dants the sum aforesaid in form aforesaid as agreed upon, and also his costs and charges herein
expended, and that the equity of redemption in the premises and property in said mortgage
and petition described be forever foreclosed and the aforesaid debt and damages and costs
be livid of the said property and premises described in said petition and mortgage as follows:
to wit" "the undivided two thirds of the following tract or parcel of land situate in the County
of St Louis, to Wit: the undivided two thirds of one hundred and twenty arpens of land, which
was purchased by said
Leduc
Court to make parties of certain real estate-and which one hundred and twenty arpens
was conveyed to said
by deed dated the
of which property reference may be had to said Deed from said Commissioners;" and if
the mortgaged property be not sufficient to satisfy said debt and damage or damages and
costs then the residue to be levied of other goods and chattels, lands and tenements of said mort
gagers, and that execution issue therefor. Thereupon the plaintiff, by his attorney, acknowledges
to have received full and entire satisfaction of the above judgment.
Demurrer to Second amended petition filed.
Now at this day comes the defendant and files an affidavit
for an appeal herein wherefore it is order that an appeal
be allowed him to the Supreme Court from the judgment
herein rendered; thereupon the said defendant files an appeal bond conditioned according to
law which is approved by the Court.
Motion for rule on defendant and counsel to show cause why
verdict should not be amended by the Court filed.
On motion until the first day of the next term of this Court
is given the defendant Biddle to answer the amended bill.
Continued.
President of the St Louis University, comes in Open Court and acknowl
edges the execution of a Deed of emancipation, by him as such President, to
a certain negro slave
small scar on the centre of the forehead the property of said University. Said
personally known to the Court.
President of the St Louis University, comes in Open Court and acknowl
edges the execution of a Deed of emancipation, by him as such Pres
ident, to a negro slave
University. Said
President of the St Louis University, who is personally known to the Court,
comes into Court and acknowledges the execution of a Deed of emanci
pation, to a negro slave
of said University.
President of the St Louis University, who is personally known to the Court,
comes into Court and acknowledges the execution of a Deed of emancipation, to a
negro slave
Court met pursuant to adjournment. Present as before.
The Court having duly heard and considered the demurred to the petition
herein and being thereof fully advised doth order that the same be sustained and
that this cause be dismissed at the costs of said plaintiff and that execution issue therefore.
The Court having duly heard and considered the motion for a new trial herein
and being thereof fully advised doth overrule the same.
Ordered that an alias Summons issue herein.
On Policy of Insurance.
Now at this day come the parties by their respective attorneys,
and on motion of the defendants, leave is given to amend the
answer herein by striking out the first six lines thereof which amend
ment is accordingly made; thereupon come also a jury, to wit;
and
and truly to try the trial progressed but not being finished further proceedings are laid over until tomorrow mornings.
Court met pursuant to adjournment. Present as before.
Order of Sale.
On application of
ordered by the Court that he proceed to sell at private
sale the property and effects assigned upon a credit
of six and twelve months and at a price not less than the value fixed by the appraisers; payments
to be secured by endorsed notes.
It is ordered by the Court that the order overruling the demurrer herein
be set aside, and the Court having duly heard and considered the
demurrer herein and being thereof fully advised doth order that the
same be sustained. Until the first day of the next term of
this Court is given the plaintiffs to amend.
Ordered that an alias Summons issue herein.
Dismissal.
On motion of the plaintiff by his attorneys, it is ordered by the Court
that this cause be dismissed at the costs of said plaintiff and that
execution issue therefor.
On Policy of Insurance.
Now at this day come again the parties, by their respective attor
neys, and also the Jury empanelled and sworn herein, and
thereupon the trial progressed and being finished the Jurors
aforesaid upon their oaths aforesaid find for the plaintiffs
and assess the damages at the sum of five thousand one
hundred and sixty five dollars. It is therefore considered by the Court that the said plain
tiff recover of the said defendants the sum aforesaid in form aforesaid by the Jury assessed and
also their costs herein expended and have execution therefor.
of this Bar.
The Court having duly heard and considered the motion to strike
out parts of answer herein and being thereof fully advised doth over
rule the came.
Satisfaction.
acknowledges to have received full and entire satisfaction of the judg
ment herein rendered on the
Order of Injunction.
On reading and filing the petition herein, and the plaintiffs having filed
a bond, in the sum of five hundred dollars with
security, conditioned according to law, which bond is approved by the
Court, it is ordered that the defendant, his servants, agents and attorneys,
be restrained and enjoined from all further proceedings under a certain execution issued by Justice
Covert on a Judgment obtained by
B Watson
Now at this day comes the plaintiff, by its attorney and files an affidavit
for an appeal herein, wherefore it is ordered by the Court that an appeal be
allowed said plaintiff to the Supreme Court from the judgment
herein rendered: thereupon the plaintiff files an appeal bond with
is acknowledged by the obligors and approved by the Court.
Dedimus ordered to Illinois for plaintiff.
Depositions for plaintiff opened and filed.
Agreement of Counsel filed.
Dedimus to Illinois for plaintiff. Depositions for plaintiff opened
and filed. Agreement of Counsel Filed.
Dedimus ordered of Ohio for plaintiff.
Dismissal. On motion of the plaintiff, by his attorney,
it is ordered by the Court that this cause be dismissed at
the costs of the said plaintiff and that execution issue therefor.
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that
this cause be dismisses at the costs of said plaintiff and that execution issue
therefor.
Dismissal.
On motion of the plaintiff by his attorney, it is ordered
by the Court that this cause be dismisses at the costs
of said plaintiff and that execution issue therefor.
Dismissal.
On motion of the plaintiff by their attorney, it is ordered by the Court
that this cause be dismissed at the costs of said plaintiff and
that execution issue therefor.
Dismissal.
On motion of the plaintiff by their attorney, it is ordered by
the Court that this cause be dismisses at the costs of said
plaintiff and that execution issue therefor.
Petition on Policy of Insurance.
Now at this day come the parties, by their respective attorneys,
and thereupon come also a Jury, to wit:
Sled
field,
men who being duly elected tried and sworn the issue herein joined
well and truly to try the trial progressed and being finished the Jurors aforesaid upon their
oaths aforesaid find for the plaintiffs and assess their damages at the sum of five thousand
one hundred and sixty five dollars. It is therefore considered by the Court that the said
plaintiff recover of the said defendant the sum aforesaid if form aforesaid as assessed and
also their costs herein expended and have executor therefor.
On Policy of Insurance.
Now at this day come the parties, by their respective attorneys, and
thereupon come also a Jury, to wit:
Donohoe
who being duly elected tried and sworn the issue herein joined
well and truly to try the trial progressed and being finished the Jurors aforesaid upon their
oaths aforesaid find for the plaintiffs and assess their damages at the sum of five thousand
one hundred and sixty five dollars. It is therefore considered by the Court that the said
plaintiff recover of the said defendant the sum aforesaid if form aforesaid as assessed and
also their costs herein expended and have executor therefor.
Stipulation of parties filed and cause continued until next
term of this Court.
On Policy of Insurance.
Now at this day come the parties, by their respective attorneys,
and by leave of Court and defendant amends his answer, filed
herein, and thereupon come also a Jury, to wit:
good and lawful men who being duly elected tried and sworn the issue herein joined well
and truly to try the trial of this cause progressed and afterward the plaintiffs saying that
they will not further prosecute their suit in this behalf, it is, on motion, ordered that they
be non suited, and that they take nothing by their suit in this behalf, but that the defen
dant go hence without day and recover of the plaintiff its costs herein expended and have
execution therefore.
Court met pursuant to adjournment. Present as before.
The Defendants motion for a new trial herein being heard
and fully understood it is ordered that the same be
overruled.
The defendants, Mick, comes and withdraws the motion to set aside
the non suit herein.
The Defendants motion for a new trial herein being heard and fully
understood it is ordered that the same be overruled.
Satisfaction.
Plaintiff, by his attorneys, comes in open Court and acknowledges to
have received full and entire satisfaction of the judgment rendered
herein on the
The defendants motion for a new trial herein being heard and fully un
derstood it is ordered by the Court that the same be overruled.
Order that a dedimus issue herein to Michigan
for the plaintiff.
Satisfaction.
and acknowledges to have received full and entire satisfaction of
the judgment herein rendered on the
The Court having duly heard and considered the motion for a new
trial him and being thereof fully advised doth overrule the same.
The Court having duly heard and considered the defendants
motion for a new trial herein doth overrule the same.
The defendants motion for a new trial herein being heard
and fully understood it is ordered by the Court that the same
be overruled.
The defendants motion for a new trial herein being heard and consi
dered and fully understood it is ordered that the same be overruled.
Ordered that a dedimus issue the District of Columbia for
the plaintiff.
Deposition for plaintiff opened and filed.
Motion for a new trial filed.
Motion for a new trial filed.
Motion for a new trial filed.
Motion for a new trial filed.
Court met pursuant to adjournment. Present as before.
Bill of Exceptions filed.
Demurrer to petition filed.
Continued
Continued.
Continued.
Continued.
Continued
Continued.
Plaintiff, by his attorney, comes and remits forty two dollars of the
judgment herein rendered: and the Court having duly heard and
considered the defendants motion for a new trial herein and being
thereof fully advised doth overrule the same.
The plaintiffs motion to set aside the non suit herein being heard
and fully understood by the Court it is ordered that the same be overruled.
The defendants motion to set aside default, final judgment and assess
ment of damages being heard and fully understood by the Court it is
ordered that the same be overruled.
Satisfaction.
Plaintiff, in person, comes into Court and acknowledges to have received
full and entire satisfaction of the judgment rendered herein on the
day of November, 1857
Answer to petition for stay of execution filed by leave of Court.
Affidavit for continuance filed by plaintiff.
The Court having duly heard and considered the motion for a new
trial herein and being thereof fully advised doth overrule the same.
The Court having duly heard and considered the defendants
motion for a new trial herein and being thereof fully advised
doth overrule the same.
The plaintiffs motion to set aside the judgment herein being heard and by the
Court fully understood it is ordered that the same be overruled.
The Court having duly heard and considered the plaintiff motion for
judgment for want of answer to amended petition and being thereof
fully advised doth overrule the same and it is ordered by the Court
that this cause be striken from the locket.
Defendants Return to Alternative mandamus filed.
Traverse of Return filed.
The defendants motion for a new trial herein being heard and by the Court
fully understood it is ordered that the same be overruled.
The plaintiffs motion for a new trial herein being heard and by the Court fully
understood it is ordered that the same be overruled.
The objections of
indemnification bond given by the said plaintiffs being heard
and fully understood it is ordered that they be overruled. The
said
On note.
Now at this day come the parties, by their respective attorneys, and
waiving a Jury submit this cause to the Court upon the pleadings
and proofs, and the Court having duly heard and considered the
same doth find there from that the defendant to indebted to
the plaintiffs in the sum of twenty hundred and eighty dollars.
It is therefore considered by the Court that the said plaintiffs recover of the said defendants
the sum aforesaid inform aforesaid by the Court found and also their costs herein expended
and have execution therefore.
Court met pursuant to adjournment. Present as before.
Motion for new trial filed.
Substitution of Trustee.
It appearing to the Court from the statement of
L Gray
trustee in a deed of trust executed by
Hall
without completing the performance of the duties imposed on him by said deed of trust. It
is therefore ordered by the Court that
and he is hereby substituted trustee in place of
powers and trusts according to the statute in such case made and provided.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the
Court that this cause be dismissed at the costs of said plaintiff
and that execution issue therefore.
The motion for additional indemnification bond being heard
and fully understood by the Court it is ordered that the same
be overruled.
The motion for additional indemnification bond being heard and
fully understood by the Court it is ordered that the same be
overruled.
The motion for additional indemnification bond to secure
claim an to being heard and by the Court fully understood,
it is ordered that the same be overruled.
Additional affidavit for continuance filed.
The motion for a new trial on the inter plea herein being heard
and fully understood by the Court it is ordered that the same
be overruled.
The motion for a new trial on the plea in abatement herein being
heard and fully understood is ordered that the same be overruled
. Bill of Exceptions filed.
The defendants motion to set aside the judgment herein and recall
execution being heard and fully understood it is ordered that the
same be overruled.
The defendants motion for a new trial herein being heard
and fully considered by the Court it is ordered that
the same be overruled.
Bill of Exceptions filed.
Now at this day come the parties, by their respective attorneys, and file an
agreement herein, and by consent of parties the Court doth find the
issue herein joined infavor of the defendant. It is therefore considered
by the Court that the said defendant had not at the time of issuing
the attachment herein fraudulently conveyed or assigned his property or effects so as to hinder or
delay his creditors: wherefore it is ordered by the Court that the attachment herein be dissolved
and this suit be dismissed at the costs of said plaintiffs and that execution issue therefore.
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that
this suit be dismissed at the costs of said plaintiff and that execution
issue therefore.
The defendants motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be overruled.
Ordered that a dedimus issue to the Territory of Kansas
for the defendants.
Now at this day comes the defendant and files an affidavit for an
appeal herein, wherefore it is ordered that an appeal be allowed
him to the Supreme Court from the judgment herein rendered, and there
upon the said defendant files an appeal bond, conditioned according to law, with good and suf
ficient security which bond is approved by the Court.
On Bills of Exchange.
Now at this day come the plaintiff and the defendant, Woodward by
their respective attorneys, and the defendant, Moies, having withdrawn
his answer herein, where by this suit remains undefended as to him, it
is on motion of the plaintiff ordered that the petition herein be taken
against him as confessed: and no Jury being required this cause is submitted to the Court upon
the pleadings proofs and agreed facts, and the Court having duly heard and considered the
same doth find the issues herein joined in favor of the defendant, Woodward; and the Court
doth find from the instruments of writing on which this action to founded that the defendant
Moies is indebted to the plaintiff in the sum of eight hundred and forty two dollars and thirty
two cents. It is therefore considered by the Court that the said plaintiff take nothing by his
suit in this behalf against the said defendant, Woodward, and that he recover of the said
defendant, Moies, the sum aforesaid in form aforesaid as found and also his costs herein
expended and have execution therefore.
The plaintiffs motion for a rule on defendant to show cause
why verdict should not be amended by the Court being heard and
fully considered, it is ordered that the same be overruled: and the
defendants motion for a new trial being heard and fully considered by the Court, it is ordered
that the same be sustained.
The Court having duly heard and considered the motion for
a rehearing of motion for a new trial herein and being there of fully
advised doth overruled the same: and the Court having also heard
and considered the motion for a rehearing of motion in arrest of
judgment doth overrule the same.
Ordered that a Dedimus issue to for plaintiffs.
The interpleader files a Bill of Exceptions herein.
Satisfaction.
Plaintiff, by his attorney, in open Court, acknowledges to have received full and
entire satisfaction rendered herein on the
Satisfaction.
Plaintiff by his attorney acknowledges to have received full and entire
satisfaction of the judgment herein against said garnishee.
The defendants motion to require the receiver to file additional security
on bond being heard and fully considered by the Court it is ordered that
the same be overruled: and the defendants motion to increase the pen
alty of the injunction bond being heard and fully considered by the Court it is ordered that the
same be sustained, and that the penalty of said Bond be increased to the sum of four thousand
dollars. Three days is given to file additional security. The motion to dissolve the injunction herein
is continued on affidavit and amended affidavit of the plaintiff.
The motion to dissolve the injunction herein being heard and fully considered
by the Court, it is ordered that the same be overruled.
Petition on Bond.
On motion of plaintiffs, by their attorneys, it is
ordered by the Court that the entry of judgment herein
made on the
set aside, and the following entered "rune protunc,
" as of that date in lien thereof.
Now come the plaintiffs and the defendants,
attorneys, and the defendant,
solemnly called, comes not but makes default, wherefore it is ordered that the petition herein be
taken against him as confessed: and thereupon the plaintiffs and the defendants,
and
and proofs, and the plaintiffs also submit to the Court the assessment of their damages as against
said
said plaintiffs, and, doth assess their damages sustained by reason of the premises in their petition
mentioned at the sum of twelve hundred and twenty four dollars and twenty five cents as against
said
by the Court that the said plaintiffs recover of the said defendants in this cause the damages afore
said in form aforesaid as assessed, and also their costs herein expended and have thereof execution.
The defendants, by their attorney, thereupon file a motion for a new trial herein.
The Court having duly heard and considered the motion for a
new trial herein doth order that the same be overruled.
Ordered that dedimus issue to Massachusetts
for the plaintiff.
Ordered that dedimus issue to Pennsylvania for plaintiff.
Court met pursuant to adjournment. Present as before.
Satisfaction.
to have received full and entire satisfaction of the judgment rendered
herein on the
On Bill of Exchange.
Now at this day comes the plaintiff, by his attorneys, and files a
petition herein, thereupon comes the defendant and files his appearance
herein whereby he waives service of process and enters his appearance
to this action as if served with process twenty days before the first day of the present term of
this Court; and the said defendant failing further to appear or plead herein it is, on motion of
the plaintiff, by his attorneys, ordered that the petition herein betaken against him as confessed:
and the Court finds from the instrument of writing on which this action is founded that the
defendant is indebted to the plaintiff in the sum of ten hundred and eighty three dollars and
thirty five cents. It is therefore considered by the Court that the said plaintiff recover of the
said defendant the sum aforesaid inform aforesaid as found and also his costs herein expen
ded and have execution therefor.
On motion leave is given to file an amended and supplemen
tal petition.
Satisfaction.
Plaintiff in person, acknowledges to have received
full and entire satisfaction of the judgment herein.
Satisfaction.
to have received full and entire satisfaction of the
judgment rendered herein on the
October
Satisfaction.
have received full and entire satisfaction of the judgment
rendered herein on the
Satisfaction.
to have received full and entire satisfaction of the
judgment rendered herein on the
The plaintiffs motion to set aside the judgment of dismissal and to rein
state this cause being heard and by the Court fully understood it is ordered
by the Court that the same be overruled.
Continued.
The defendants motion for a new trial being heard and fully considered by
the Court it is ordered that the same be overruled.
The motion for a new trial herein berg heard and fully considered by the Court
it is ordered that the same be overruled.
By consent of parties until the first day of the next term of this Court
is given the defendants to file a bill of exceptions herein.
The motion to quash the execution herein being heard and fully considered
by the Court it is ordered by the Court that the same be overruled.
Court met pursuant to adjournment. Present as before.
Bill of Exceptions filed by plaintiffs.
Bill of Exceptions filed by defendants.
Bill of Exceptions filed by defendants.
The defendants, by their attorney, file an affidavit for appeal herein,
wherefore, it is ordered that an appeal be allowed them to the supreme
Court from the judgment herein rendered and they thereupon file an
appeal bond which is approved by the Court.
The defendant Filled, by
of process, enters his appearance to this action.
Satisfaction.
and acknowledges to have received full and entire satisfac
tion of the judgment rendered herein on the
April 1858
The defendants motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be overruled.
Commissioners Report confirmed.
Now at this day come the parties by their respective
attorneys, and submit the defendants exceptions
to the commissioners Report to the Court, and the
Court having duly heard and considered the same and being thereof fully advised doth order
that said exceptions be overruled; and on motion of the petitioners, by their attorneys, and no
cause being shown to the contrary, it is further ordered by the Court that the said Commission
ers Report be confirmed as firm and effectual forever. The Court allows
petitioners attorneys, one hundred and fifty dollars, as Counsel fee, to be taxed as costs.
Motion to set aside judgment on motion to set aside non suit
filed.
The defendants, by their attorney file an affidavit for an
appeal and on their motion an appeal is allowed them to the
Supreme Court from the judgment of this Court herein, and they
thereupon file an appeal bond, conditioned according to law, which is approved by the court.
Court met pursuant to adjournment. Present as before.
Answer of
The defendants file a Bill of Exceptions, and an
affidavit for an appeal herein, whereupon an appeal
is allowed them to the Supreme Court from the
judgment herein, and they thereupon file an appeal bond with
and
Alias Attachment and Summons ordered.
answer to motions filed.
The plaintiff, by his attorney, remits the sum of five hundred and
seventeen dollars of the judgment herein rendered: and the defendants
motion for a new trial herein being heard and fully considered by the
Court it is ordered that the same be overruled.
The plaintiff files an additional Injunction Bond herein
in the sum of four thousand dollars with himself as principal
and
approved by the Court.
The defendants motion to set aside the verdict herein and grant a
new trial herein being heard and fully considered by the Court it
is ordered that the same be overruled.
The defendants motion for a new trial herein being heard and
fully considered it is ordered that the same be overruled.
The Court having duly heard and considered the motion to quash
the execution issued against Daniel able and to set aside order
granting same doth order that said motion be sustained and that
said execution be quashed and the order granting same at aside and for naught held.
The defendants motion for a new trial herein being heard and fully considered
by the Court it is ordered that the same be overruled.
The defendants motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be overruled.
The defendant files a Bill of Exceptions.
Bill of Exceptions filed.
Petition for production of books filed.
Exemplification of Chanter filed.
Court met pursuant to adjournment. Present as before.
Confession of Judgment.
The defendant files a statement in writing duly verified by affi
davit whereby he confesses himself indebted to the plaintiff in the
sum of Seven hundred and eighty dollars and authorizes the
Court to render judgment against him for that amount. It is therefore considered by the Court
that the said plaintiff recover of the said defendant the sum aforesaid inform aforesaid as con
fessed and also its costs herein expended and have execution therefore.
The plaintiffs by their attorney, file an affidavit for appeal
herein, and on their motion an appeal is allowed them to
the Supreme Court from the judgment herein rendered,
whereupon they file an appeal bond with themselves, as principals, and
The Court having duly heard and considered the plaintiff
to Exceptions to the Commissioners Report herein and being thereof
fully advised doth order that said Exceptions be sustained, and
that said Commissioners Report be set a said and for naught held: and the Court re
appoints
Shepley
sioners are hereby required after heaving the proof that may be offered by the parties to take
and state the respective accounts of the plaintiff and the defendant with said above men
tioned firms and to make report of their proceedings under this order with all convention speed.
Order of Publication.
The plaintiff having filed a petition and affidavit from which
it appears that the defendant is a nonresident of the State of
Missouri, therefore, on motion of the said plaintiff, by her attorney
it is ordered by the Court that the said defendant be notified that a civil action has been
commenced against him to obtain a decree of divorce, and unless he be and appear
at the October Term of this Court to be begun and held at the City of St Louis, within
and for the County of St Louis on the first Monday of
nine
taken against him as confessed. It is further ordered that a copy hereof be published ac
cording to law in the Missouri Democrat a newspaper printed and published in the City of
St Louis.
Bill of Exceptions filed.
Proof of Partnership filed.
Demurrer to Second amended petition filed.
Ordered that an alias Summons issue herein.
Transcript from Justice filed.
Court met pursuant to adjournment. Present as before.
Now at this day come the defendants and file an affidavit
for an appeal herein, whereupon an appeal is allowed them
to the Supreme Court from the judgment herein rendered,
and thereupon the said defendant files an appeal bond con
ditioned according to law with good and sufficient security which bond is approved by the Court.
Confession of Judgment.
Now at this day comes the plaintiff and files a petition herein against
said defendant, and thereupon
neys of this Court, appeared in open Court in behalf of said defen
dant, and by virtue of a warrant of attorney, for that purpose executed by the said defen
dant, and now produced in Court and duly proved, waived the issuing and service of
process, and acknowledges that the said defendant is indebted in manner and form as the
said plaintiff has in his petition mentioned, and confesses that the said plaintiff has sus
tained damages by reason thereof in the sum of two hundred and sixty six dollars and
thirty cents. It is therefore considered by the Court that the said plaintiff recover of the
said defendant the sum aforesaid in form aforesaid as confessed and his costs herein ex
pended and have execution therefore. Judgment to bear ten per cent per annum interest.
Bill of Exceptions filed.
Bill of Exceptions filed
The Inter pleader files an affidavit for an appeal herein and
on his motion an appeal is allowed him to the Supreme Court
from the Judgment herein and he thereupon files an appeal
bond with
Smith
Garnishment on attachment.
Now at this day come the said plaintiff and the said
garnishees by their respective attorneys, and waiving a Jury
submit this proceeding to the Court upon the pleadings and
proofs, and the Court having duly heard and considered the
same doth find the issues herein joined in favor of the
said garnishee,
find that the said garnishee,
as such had in his possession belonging to the defendants the sum of twenty five hundred
and eighty six dollars and six cents; and it appearing to the Court that the amount of the
original judgment rendered herein is fourteen hundred and sixty four dollars and thirty
cents, therefore it is considered by the Court that the said plaintiffs recover of the said
garnishee the sum of fourteen hundred and sixty four dollars and thirty cents and also his
costs herein expended and have execution therefore; and it is further considered by the Court
that the said garnishee,
and that execution issue therefore. Thereupon comes the said
in accordance with the order of Court days into Court the sum of Seventeen hundred and
fifty dollars, and it is ordered that the Clerk of this Court deposit said sum in some Bank
ing Institution of this City at six percent interest, subject to the further order of this Court.
Confession of Judgment.
Now at this day comes the plaintiff and files a petition herein
and thereupon comes the defendant and files an answer herein
, whereby he confesses himself indebted to the plaintiff in the sum
of Eight hundred and forty three dollars and seventy eight cents, and consents that
judgment may be rendered against him for that amount. It is therefore considered
by the Court that the said plaintiff recover of the said defendant the sum aforesaid in
form aforesaid as confessed and also his costs herein expended and have execution therefor.
Judgment to bear interest at the rate of ten percent her annum. By consent of parties
the issue of execution herein is stayed for the period of six months.
The Court having duly heard and considered the motion
for a new trial herein and being thereof fully advised doth
order that the same be overruled: thereupon the defendant
file an affidavit for an appeal herein, wherefore it is ordered that an appeal be allowed
the said defendants to the supreme Court from the judgment herein rendered. Thereupon
the said defendants file an appeal bond in the sum of three thousand dollars conditioned
according to law, which bond is approved by the Court. Bill of Exceptions filed.
Depositions for defendant opened and filed.
On note.
Now at this day comes the plaintiff by his attorney, and dismisses
this suit as to the defendant,
but makes default, wherefore on motion of the plaintiff, it is
ordered by the Court that the petition herein be taken against him as confessed; and the
Court finds from the instrument of writing on which this action is founded that the defen
dant is indebted to the plaintiff in the sum of One hundred and eighty five dollars and
sixteen cents. It is therefore considered by the Court that the said plaintiff recover of the
said defendant the sum aforesaid in form aforesaid as found and also his costs herein ex
pended and have execution therefore.
Petition for mandamus.
Now at this day come the said
respective attorneys, and submit this cause to the Court on
the pleadings and proofs herein, which being seem and heard
and by the Court here fully understood; it is ordered and adjudged that a peremptory
mandamus issue to said
troller, forth with to countersign the warrant issued by
on the
Finney
an Ordinance of said City, entitled, "an Ordinance for the relief of
Finney
and that execution issue therefore.
Now comes the defendant, by its attorney, and files an
affidavit for an appeal, wherefore it is ordered that an
appeal be allowed it to the Supreme Court from
the judgment herein rendered; thereupon the said
defendant files an appeal bond conditioned according to law which is approved by the Court.
The parties file an agreement herein and in accordance therewith leave is given the defendant
to file a Bill of Exceptions in vacation.
Now at this day come the defendants, by their attorneys, and fi
ling an affidavit pray an appeal to the Supreme Court from the
judgment of this Court herein, and the Court having considered
the same doth grant the said appeal, and thereupon the defendants file an appeal bond
in the sum of one thousand dollars, conditioned according to law, which bond is approved
by the Court.
The defendants file a Bill of Exceptions herein and an affida
vit for an appeal, and on their motion an appeal is allowed them
to the Supreme Court from the judgment of this Court herein,
and they thereupon file an appeal bond, with
can S Carter
Court.
The defendants file an affidavit for an appeal herein, wherefore
it is ordered by the Court that an appeal be allowed them to the
Supreme Court from the judgment herein rendered, and they
thereupon file an appeal bond conditioned according to law, which is approved by the Court
The Court having duly heard and considered the motion for a
new trial herein and being thereof fully advised doth order that
the same be overruled: thereupon the plaintiffs file an affidavit
for an appeal herein, where fore it is ordered that an appeal be allowed the said plaintiffs to
the Supreme Court from the judgment herein rendered: thereupon the said plaintiffs file
an appeal bond in the sum of five hundred dollars conditioned according to law which bond
is approved by the Court.
Bill of Exceptions filed.
Petition on Corporate Debt.
Now at this day come the parties by their respective
attorneys, and waiving a Jury submit this cause to the
Court upon the pleadings and proofs and thereupon
the trial of this cause progressed, but the said plaintiff
says he will not further prosecute his suit herein
but voluntarily takes a now suit. It is therefore con
sidered by the Court that the said plaintiff be non
suited and that the said defendants go hence without
day and recover of the said plaintiff their costs herein expended and have execution therefore.
Now at this day come the defendants and file an affidavit according
to law and pray an appeal to the Supreme Court from the judg
ment of this Court herein, whereupon the Court doth grant the ap
peal as prayed for, and thereupon the said defendants file an appeal bond in the sum of
twenty five hundred dollars conditioned according to law, which bond is approved by the Court.
Now at this day come the defendants and file an affidavit for an ap
peal herein and move the Court to grant them an appeal to the Supreme
Court from the judgment of this Court herein, and thereupon the
Court doth grant the appeal as prayed for, and the defendants file an appeal bond con
ditioned according to law in the sum of five thousand one hundred and fifty dollars and
forty cents, which is approved by the Court. Bill of Exceptions filed.
The defendant files a bill of exceptions and an affidavit for an appeal
and on his motion an appeal is allowed him to the Supreme Court
from the judgment of this Court herein and he thereupon files an
appeal bond with
V Strode
The defendant files an affidavit for an appeal herein, whereupon
an appeal is allowed him to the Supreme Court from the judgment
of this Court herein; thereupon the said defendant files an appeal
bond conditioned according to law, which is approved by the Court.
Affidavit of
motion to set aside non suit being heard and fully considered by the Court
it is ordered that the same be overruled.
The defendant files a bill of exceptions and an affidavit for an ap
peal and on his motion an appeal is allowed him to the Supreme
Court from the judgment of this Court herein, thereupon the said
defendant files an appeal bond conditioned according to law which is approved by the Court.
The motion for a new trial filed by the City being heard
and fully considered by the Court it is ordered that the
same be overruled: and the plaintiffs motion to dismiss
this suit as to
and fully considered by the Court it is ordered that the
same be overruled; and the separate motions filed by
ment on the verdict of the Jury being also heard and fully considered by the Court it is ordered
that the same be sustained. It is therefore considered by the Court that the said plaintiffs
take nothing by their suit in this behalf against the said defendants,
of the said plaintiffs their costs and charges herein expended and have execution therefore.
Thereupon the defendant the City of St Louis files an affidavit for an appeal, and on its motion
an appeal is allowed it to the supreme Court from the judgment of this Court herein, and
the said defendant thereupon files an appeal bond, conditioned according to law which bond
is approved by the Court. The parties file an agreement herein, and in accordance therewith
leave is given the defendant to file a bill of exceptions in vacation. Bill of Exceptions
filed by plaintiffs.
The defendants motion for a new trial herein being heard and by
the Court fully considered it is ordered that the same be
overruled.
The defendants motion for a new trial herein being heard and fully con
sidered by the Court it is ordered that the same be overruled.
Dismissal.
On motion of the plaintiff, by his attorney
it is ordered by the Court that the said garnishee be discharged
hence at the costs of said plaintiff and that execution issue
therefore.
Substitution of Trustee.
It appearing to the Court from the application of
said petitioners that
certain Deed of Trust executed by
has departed this life without having conflated the per
formance of the duties imposed on him in said Deed of Trust, it is therefore ordered that
of said
Now at this day come the parties by their respective at
torneys, and file a written agreement herein, and thereupon
by consent of parties the Court doth find the issue
herein joined in favor of the defendant. It is therefore
considered by the Court that the said defendant had
not at the time of the issuing of the attachment herein fraudulently conveyed or assigned his
property or effects so as to hinder or delay his creditors; wherefore it is ordered by the Court that
the attachment herein be dissolved and this suit dismissed at the costs of said plaintiffs
and that execution issue therefore.
Now at this day come the parties by their respective,
attorneys, and file an agreement herein, and thereupon
in accordance with said agreement the Court doth
find the issue herein joined in favor of the said
defendant. It is therefore considered by the Court
that the said defendant back not at the time of the issuing of the attachment herein fraudulently
conveyed or assigned his property or effects so as to hinder or delay his creditors; wherefore it is
ordered by the Court that the attachment herein be dissolved and this suit be dismissed at
the costs of said plaintiffs and that execution issue therefore.
Now at this day come the parties by their respective, attorneys,
and file an agreement herein, and in accordance with
said agreement the Court doth find the issue herein joined
in favor of the said defendant. It is therefore considered by
the Court that the said defendant had not at the time of the issuing of the attachment herein frau
dulently conveyed or assigned his property or effects so as to hinder or delay his creditors; wherefore it
is ordered by the Court that the attachment herein be dissolved and this suit be dismissed at the
costs of said plaintiffs and that execution issue therefore.
Satisfaction.
Plaintiff, by their attorney, acknowledge to have received full
and entire satisfaction of the judgment rendered herein on the
Ordered that dedimus issue to New York for plaintiff.
Order of Citation.
Now at this day come the said garnishees, by their attorneys,
and file an additional answer herein, wherein they declare their
belief that the notes mentioned in their answers hereto fore filed
herein have been sold and assigned to
and the plaintiff disputes the existence force or validity of
such sale and assignment. It is therefore ordered by the
Court, in pursuance of the statute in such ease made and provided, that the said
be begun and holden at the City of St Louis within and for the County of St Louis on the fourth Mon
day of February next, and sustain their claim, if any they have, to said noted.
tion of a deed of emancipation to a certain negro slave named
The plaintiffs, by their attorney, remit the sum of ten hundred
and eleven dollars and sixty six cents of the judgment herein rendered.
The defendants motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be overruled,
thereupon the defendant files an affidavit for appeal herein wherefore it is ordered that an ap
peal be allowed it to the Supreme Court from the judgment herein rendered; and the said
defendant file an appeal bond, conditioned according to leave, which is approved by the Court.
The parties file a stipulation herein.
The defendants motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be overruled.
Thereupon the said defendant files an affidavit for appeal herein,
wherefore it is ordered that an appeal be allowed it to the Supreme
Court from the judgment herein rendered, and the said defendant thereupon files an appeal
bond herein conditioned according to law which to approved by the Court, The parties file a
stipulation herein.
The plaintiffs motion to set aside the non suit herein and for a
new trial being heard and fully considered by the Court it is
ordered that the same be overruled, and it thereupon files
a Bill of Exceptions.
The Court having duly heard and considered the motion for a new
trial herein and being thereof fully advised doth overrule the same; there
upon the defendant files an affidavit for an appeal herein, wherefore
it is ordered that an appeal be allowed to the Supreme Court from
the judgment herein rendered, thereupon the said defendant files an appeal bond conditioned
according to law which is approved by the Court. Bill of Exceptions filed.
Bill of Exceptions filed.
The defendant, by its attorney, files an affidavit for an appeal
wherefore it is ordered that a appeal be allowed it to the
Supreme Court from the judgment herein rendered; thereupon
the said defendant files an appeal bond herein conditioned
according to law, which is approved by the Court.
The plaintiffs, by their attorneys file an affidavit for an appeal,
and on their motion an appeal is allowed them to the Supreme
Court from the judgment herein rendered, and they thereupon file
an appeal bond conditioned according to law, which is approved by the Court.
The defendants file an affidavit for an appeal herein, and on their
motion an appeal is allowed them to the Supreme Court form the
judgment herein rendered an they thereupon file an appeal bond
conditioned according to law, which is approved by the Court. The par
ties file an agreement and in accordance therewith leave is given the defendants to file a bill
of exceptions herein in vacation.
Ordered that a dedimus issue to Illinois for the plaintiff.
Ordered that a dedimus issue to Iowa for the plaintiff.
The Court audits and allows an account of
amounting to the sum of two hundred and eight dollars and eighty cents, for his attendance
on the Court and for stationary finished for the use of the Court during the present term thereof
and orders that the said account be certified to the St Louis county Court for payment.
ss
Be it Remembered. That at a Term of The
St Louis Circuit Court begun and held at the City of St Louis, within and for the County of
St Louis, and State of Missouri, on the Fourth Monday of February, being the Twenty eighty day
if said month, in the Year of Our Lord, one thousand eight hundred and fifty nine, were present the Honorable
Answer filed.
Answer filed.
Plea in abatement filed.
Plea in abatement filed.
Plea in abatement filed.
Plea in abatement filed.
Plea in abatement filed.
Plea in abatement filed.
Plea in abatement filed.
Interrogatories filed.
Interrogatories filed.
Dismissal.
On motion of the plaintiff, by his attorney, it is
ordered by the Court that this suit be dismissed at the costs of
said plaintiff and that execution issue therefore.
Now at this day come the parties, by this respective attorneys, and file
herein an agreement, in accordance with which and by consent of parties
the Court doth find the issues herein joined upon the plea in a abatement
to be in favor of the plaintiffs, and further doth order and adjudge
that the inter plea of
levied upon under and by virtue of the writ of attachment herein was at the time the said levy
was made the property of said interpleader; and on motion of said inter pleader the Court
doth further order and adjudge that
do without further delay pay into the hands of said interpleader
arising from the sale of the property attached under the writ herein the sum of Eight hundred
dollars, the amount claimed by said Interpleader, and that the said defendant and the said In
interpleader recover of the plaintiffs all their costs herein expended and thereof have execution.
Confession of Judgment.
Now come the defendants and file a statement in wri
ting duly verified by affidavit whereby they confess them
selves indebted to the plaintiffs in the sum of Six hun
dred and eleven dollars and eighty three cents and con
sent that judgment may be rendered against them for that amount. It is therefore consid
ered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in
form aforesaid as confessed and also their costs herein expended and have thereof execution.
Amended answer and Cross Bill filed.
Dedimus to Indiana for plaintiffs.
Plea in Abatement filed.
Answer filed.
Dismissal.
The plaintiff having failed to file an amended petition herein
it is, on motion of the defendant, by his attorney, ordered that this
cause be dismiss at costs of said plaintiff and that execution issue therefore.
Petition on Judgment.
Now come the parties, by their attorneys, and the defendant
files an answer herein, whereby be confesses himself indebted
to the plaintiffs in the sum of three hundred and fifty
six dollars and fifteen cents, and consents that judgment
maybe rendered herein in favor of the plaintiff for that amount. It is therefore considered by
the Court that the said plaintiffs recover of the said defendant the sum aforesaid in form afore
said as confessed and also their costs herein expended and have execution therefore.
Garnishment.
Now come the plaintiffs and the garnishee, by their
attorneys, and it appearing to the Court from the answer
of said garnishee that at the time it was summoned
herein as such it was indebted to the defendant in the
sum of fifteen hundred dollars, and it also ap
pearing that judgment has been rendered in favor
of the plaintiffs and against the defendant,
six dollars and fifteen cents, therefore it is considered by the Court that the said plaintiffs
recover of the said garnishee the sum of three hundred and fifty six dollars and fifteen cents,
and also their costs in the original suit and in this proceeding expended and have execution
therefore. The sum of ten dollars is allowed the garnishee for answering herein.
Petition on Judgment.
Now come the parties, by their attorneys, and the said defen
dant files an answer herein, whereby he confesses himself indebted
to the plaintiffs in the sum of nine hundred and seventy
five dollars, and consents that judgment maybe rendered
herein in favor of the plaintiff for that amount. It is therefore considered by the Court that
the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as confessed
and also their costs herein expended and have execution therefore.
Garnishment.
Now come the plaintiffs and the garnishee, by their attorneys,
and it appearing to the Court from the answer of said gar
nishee that at the time it was summoned herein as such
it was indebted to the defendant
eleven hundred dollars, and it further appearing to
the Court that judgment has been rendered in favor
of the plaintiff and against the said defendant,
and seventy five dollars, therefore it is considered by the Court that the said plaintiff re
cover of the said garnishee the sum of nine hundred and seventy five dollars and also their
costs in the original suit and in this proceeding expended and have execution therefore. The sum
of ten dollars is allowed said garnishee for answering herein.
Dismissal.
On motion of the plaintiff, by his attorney,
it is ordered by the Court that the said garnishee
be discharged hence at the costs of the said plain
tiff and that execution issue therefore.
Answer filed.
Answer field.
Answer field.
Answer field.
Answer field.
Answer field.
Note filed.
Answer field.
Answer of the
Motion to dismiss filed.
Answer and Counter claim filed.
Separate answer of
The defendants file a motion for security for costs.
Interrogatories filed by plaintiff.
Interrogatories filed by plaintiff.
The parties file a stipulation herein.
By consent of parties the defendant files a Bill of Exception
herein.
Interrogatories filed.
Interrogatories filed.
Interrogatories filed.
Depositions for plaintiff filed.
Court met pursuant to adjournment. Present as before.
Answer filed.
Answer filed.
Demurrer filed.
answer filed.
answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
agreement filed.
Exhibits filed.
Plea in abatement filed.
answer filed.
Plea in abatement filed.
answer filed.
Plea in abatement filed.
Answer filed.
Plea in abatement filed.
Answer filed.
Plea in abatement filed.
Plea in abatement filed.
Answer filed.
Plea in abatement filed.
Answer filed.
Plea in abatement filed.
Answer filed
Motion to dissolve attachment filed.
Plea in abatement filed.
Answer filed
Plea in abatement filed.
Answer filed.
Demurrer filed.
Demurrer filed.
Answer filed.
Answer filed.
Motion to dismiss filed.
Demurrer filed.
Motion to dismiss filed. Plea filed.
Motion for security for costs filed.
Answer filed.
Demurrer filed.
Demurrer filed.
Answer filed.
Answer filed.
Plea in abatement filed.
Answer filed.
Plea in abatement filed.
Answer filed.
Plea in abatement filed.
Answer filed.
Plea in abatement filed.
Demurrer filed.
Separate answers filed.
Demurrer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Interrogatories filed.
Interrogatories
filed.
Interrogatories filed.
Interrogatories
filed.
Interrogatories
filed.
Interrogatories
filed.
Interrogatories
filed.
Interrogatories
filed.
Motion for security for costs filed. answer filed.
Separate answers filed by defendants.
Answer filed.
Demurrer filed.
Separate answers filed.
Plea in abatement filed.
Plea in abatement filed.
Motion to dismiss for want of security for costs filed.
Depositions for plaintiff opened and filed.
Answer filed.
Plea in abatement filed.
Answer filed.
Answer of
Answer filed.
Answer filed.
Demurrer filed.
Answer filed.
Demurrer filed.
Answer of
Separate answer filed.
Answer filed.
Answer of
Answer of
answer of
Answer of
Motion to strike out amended petition filed.
Answer of
Demurrer to petition filed by
Motion for security for costs filed.
Interrogatories
filed.
Interrogatories
filed.
Interrogatories
filed.
Interrogatories
filed.
Interrogatories
filed.
Interrogatories
filed.
The plaintiff, by his attorney, files sepa
rate Interrogatories against the said
garnishees.
The plaintiff, by his attorney, files separate
Interrogatories against the said garnishees.
Interrogatories
filed.
Answer filed.
Interrogatories
filed.
Motion to dismiss filed
Answer filed.
Dismissal.
On motion of the plaintiff, by his attorney, it
is ordered by the Court that this cause be dismissed at the costs
of said plaintiff and that execution issue therefore.
Confession of Judgment.
Now comes the defendant and files a statement in writing
duly verified by affidavit, whereby he confesses himself
indebted to the plaintiff in the sum of Eleven thousand
one hundred dollars and consents that judgment may
be rendered against him for that amount. It is therefore
considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid
in form aforesaid as confessed and also this herein expended and have thereof execution.
Confession of Judgment.
Now comes the defendant and files a statement in writing,
duly verified by affidavit, whereby he confesses himself in
debted to the plaintiff in the sum of eleven thousand one
hundred and fifty dollars and consents that judgment
may be rendered against him for that amount. It is therefore considered by the Court
that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as confessed and
its costs herein expended and have execution therefor.
On motion, ten day additional time is given to answer
herein.
On motion, ten days additional time is given the defendants,
answer of
On motion, ten days additional time is given the defendants,
L Moore
Becker
On motion, ten days additional time is given to plead herein.
Answer of
By leave of Court the defendant files a supplemental answer
and sett and also an exhibit.
On motion of the plaintiff, by his attorney, it is ordered by
the Court that the order of dismissal be set aside and for
naught held, and this cause reinstated for trial.
On motion until tenth instants is given the defendant to plead
herein.
On motion, ten day is given the defendants to plead herein.
Affidavit for Special Venire filed by defendant.
Dismissal. On motion of the plaintiffs by their attorney, it is ordered
by the Court that this cause be dismissed at their costs and that execution is
sue therefor. Note withdrawn by plaintiffs by leave of Court.
Change of Venue from Gasconade County to St Louis Criminal Court.
Change of Venue from St Louis Criminal Court.
On Indictment for Murder in the first degree.
Now at this day comes the Circuit Attorney, who prosecutes for the
State, and the said defendant being brought into Court, thereupon come a Jury to wit:
Breden
Cooper
traverse between the parties aforesaid well and truly to try, the trial of this cause pro
gressed, but the same not being concluded at the hour of adjournment further proceedings
herein are deferred until the meeting of the Court tomorrow morning.
Hon
Hannegan
dings of a meeting holder by the members of the St Louis Baron the twenty sixth day of
the present month, be spread upon the records of this court, of this day, to wit:
"Bar Meeting.
"In pursuance of previous notice the members of the St Louis Bar conversed in the Court
Room of the Court of Common Pleas, upon the occasion, of the late
Upon motion of
was appointed Secretary.
"The meeting was then addressed by
committee of five be appointed to draft resolutions.
"The Chain thereupon appointed
Judge
"Said committee, after retiring for a few minutes, reported the following resolutions,
which were unanimously adopted.
"We, the members of the St Louis Bar, convened to mourn the sudden death of our
brother, the Hon
event, to assure his many friends, here and abroad, that our hearts are deeply affected by
this unexpected stroke of Divine Providence.
"Our deceased brother was no ordinary man. In the Halls of Congress, he proved him
self an Orator, a Patriot and Statesman and in the Courts of Justice, a profound Lawyer
and brilliant Advocate.
"To the social circle he brought the charms of a benevolent heart and refined imagination,
and in his intercourse with all he was kindly disposed and considerate and the true gen
tleman. Therefore in respect to his memory.
"Resolved, That the members of the St Louis Bar bear writing testimony to the many
virtues and worth of our deceased friend, and in his death feel that we have sustained an
d irreparable loss.
"Resolved, That we desire to mingle our sympathies with those of the relatives and friends
of the deceased; and in order that our respect and sympathy expressed on this occasion may
be perpetuated, we request, that the proceedings of this meeting, and these resolutions be spread
upon the records of the several Courts of this County.
"Resolved, That the members of the bar, in a body will attend the funeral of the deceased.
"Resolved, That the Chair appoint members of the bar to communicate these proceedings to
the several Courts, and request that the same be spread upon their records.
"The meeting was then addressed by Major
. It was moved by Major
the City of St Louis, which was unanimously adopted.
"The Chair then proceeded to appoint the following members of the St Louis Bar to
present the resolutions to the respective Courts, to wit:
Supreme Court-
Circuit Court W S.-
Circuit Court-Judge
Common Pleas Court-
Criminal Court-
Land Court-Judge
Law Commissioners Court-
"Whereupon, the meeting then adjourned.
Court met pursuant to adjournment. Present as before.
Answer of
Answer of
Answer and Counterclaim filed.
Answer filed.
Plea in abatement filed.
The defendant
Motion to strike out petition filed.
Demurer filed.
Answer filed.
The defendants
file an answer herein.
The defendants
Interrogatories
filed.
Interrogatories
filed.
Interrogatories
filed.
Interrogatories
filed.
Interrogatories
filed.
Interrogatories
filed.
Interrogatories
filed.
Interrogatories filed.
The plaintiff files separate interrogatories herein,
thereupon the said garnishee file an answer.
Interrogatories filed. Answer filed.
Interrogatories filed. Answer filed.
Motion to strike out parts of answer filed.
Interrogatories filed. Answer filed.
Exhibit filed.
The plaintiff files Interrogatories herein against said
garnishees; thereupon the said garnishees file separate
answers herein.
Amended petition filed.
Answer filed.
Answer filed.
Demurrer filed.
The plaintiff files separate Interrogatories to
the said garnishees.
Deposition for defendant opened and filed.
Answer of
Answer
Campwell
Motion to strike out answer of White and for
judgment filed.
Interrogatories filed by leave of Court.
Interrogatories filed by leave of Court.
Interrogatories filed by leave of Court.
Interrogatories filed by leave of Court.
Claim of
Motion for security for costs filed.
Agreement filed.
Stipulation field, and in accordance therewith until the tenth
instant is given the City of St Louis to file a bill of Exceptions herein.
Interrogatories
filed.
Demurrer filed.
Motion strike out answer and for judgment filed.
The plaintiffs file security for costs herein.
security.
Motion to strike out answer and for judgment filed.
Answer of
Campbell
Answer of
iel M Frost
Interrogatories filed.
Motion to strike out parts of answer filed.
On motion of the defendants by their attorney, until the seventh instant
is given them to plead herein.
On motion of the defendants by their attorney, ten days is
given to answer herein.
On motion ten day further time is given to defendants to answer
herein.
Order of Publication. Attachment.
The Sheriff having made return that the defendant cannot be found
and the Court being satisfied that process cannot be served upon him
therefore on motion of the plaintiffs, by their attorney, it is ordered by
the Court that he be notified that a civil action has been commenced
against him founded on an account for the sum of three hundred and ninety eight dollars and
thirty four cents for goods wares and merchandise sold and delivered to him by the plaintiffs,
and that his property has been attached and unless to be and appear at the next term of this Court
to be begun and holden at the City of St Louis within and for the County of St Louis on the last
Monday of September next, and on or before the third day thereof answer the petition herein
judgment will be rendered against him and his property sold to satisfy the same. It is fur
ther ordered that a copy hereof be published according to law in the Missouri Republican
a newspaper printed and published in the City of St Louis.
Order of Publication. Attachment.
The Sheriff having made return that the defendant cannot be found
and the Court being satisfied that process cannot served upon her, there
fore, on motion of the plaintiffs, by their attorney, it is ordered by the
Court that she be notified that a civil action has been commenced
against her founded on a note for the sum of eleven hundred dollars, and that her property has been attached and that unless she be and
appear at the next term of this Court to be holden at the City of St Louis, within and for the County
of St Louis, on the last Monday of September next and on or before the third day thereof answer
the petition herein the same will be taken against
her as confessed, judgment rendered against him as confessed and her property sold to satisfy the same. It is further ordered that a copy hereof
be published according to law in the Missouri Republican a newspaper printed and published
in the City of St Louis.
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the defendant can
not be summoned in this action, therefore, on motion of the plaintiffs,
by their attorneys it is ordered by the Court that he be notified that
a civil action has been commenced against him for the sum of five
hundred and twenty seven dollars and thirty cents founded on a note, and that has property has been attached and unless he be
and appear at the next term of this Court to be begun and held at the City of St Louis within
and for the County of St Louis on the last Monday of September next, and on or before the
third day thereof answer the petition herein judgment will be rendered against him and his
property sold to satisfy the same. It is further ordered that a copy hereof published according to law
in the Missouri Republican a newspaper printed and published in the City of St Louis.
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the defendant cannot
be summoned in this action, therefore, on motion of the plaintiff, by his
attorney, it is ordered that he be notified that a civil action has been
commenced against him, by petition and attachment on account of work and labor per
formed for him by the plaintiff, for the sum of Six hundred and fifty dollars, and that
his property has been attached and unless he be and appear at the next term of this court to
be begun and held at the City of St Louis, within and for the County of St Louis on the last
Monday of September to Next and on or before the third day, thereof answer the plaintiff pe
tition judgment will be rendered against him and his property sold to satisfy the same. It is further ordered
that a copy hereof be published, according to law, in the Missouri Republican a newspaper printed and published in the City of St Louis.
On notes.
Now at this day comes the plaintiff, by his attorney, but the defendant,
although duly summoned and called comes not but make default
wherefore on motion of the plaintiff, it is ordered by the Court that
the petition herein be taken against him as confessed: and the Court finds from the instruments
of writing on which this action is founded that the defendant is indebted to the plaintiff in the
sum of clever thousand one hundred and ninety six dollars and fifty four cents. It is therefore
considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid
in form aforesaid by the Court found and also his costs herein expended and have execution therefor.
On notes.
Now at this day come the plaintiffs, by their attorneys, but the defendants
, although duly summoned and called, come not but make default, wherefore,
on motion of the plaintiffs, it is ordered by the Court that the petition
herein taken against them as confessed: and the Court finds from the
instruments of writing on which this action is founded that the defendants are
indebted to the plaintiffs, in the sum of Eleven hundred and sixteen dollars
and seventy two cents. It is therefore considered by the Court that the
said plaintiffs recover of the said defendants the sum aforesaid inform aforesaid as found and
also their costs herein expended and have execution therefor. Judgment to leave interest at the rate of
ten percent per annum.
On notes.
Now at this day comes the plaintiff, by his attorney, and, on his motion, it
is ordered by the Court that this cause be dismissed as to the defendant,
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiff, it is ordered that the petition be taken against him as confessed:
and the Court finds from the instruments of writing on which this action is founded that the
defendant,
five dollars and ninety two cents. It is therefore considered by the Court that the said plaintiff recover
of the said defendant the sum aforesaid found and also his costs in this behalf expended and
have thereof execution.
On notes.
Now at this day come the plaintiffs, by their attorney, but the defendants,
although duly summoned and called, come not but make default,
wherefore, on motion of the plaintiffs, it is ordered by the Court that
the petition herein be taken against them as confessed: and the Court
finds from the instruments in writing on which this action is founded
that the defendants are indebted to the plaintiffs in the sum of two
thousand and forty dollars and thirty four cents. It is therefore
considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form
aforesaid as found and also their costs herein expended and have execution therefor.
Dismissal.
On motion of the plaintiffs, by his attorney it is ordered by
the Court that this cause be dismissed at the costs of said plaintiff and
that execution issue therefor.
the execution of a deed by him, as such Sheriff, of all the right, title,
interest, claim, estate and property of
to the following described real estate, to wit; 1st, a lot in Block twenty three and twenty four
twenty eight feet front on Second street by a depth of one hundred and forty one feet, bounded
North by Fox estate, East by alley, South by Blumenthal and West by Second street, also a
lot in Block number seventeen eight feet front on first street by on hundred and seventeen
feet in depth, bounded North by Brent, East by Alley, South by Schaeffer, West by first street,
also a lot eight feet front on first street by ninety feet in depth bounded North by Finney East by
Front street, South by Von Phul, West by Alley also a lot in Block number two hundred and
thirty fronting sixty feet on Levis street by a depth of one hundred and forty feet, bounded
North by Smith street, East Levis street, South by Austin estate, West by alley, also lots
in Blocks twenty three and twenty four having one hundred and eleven feet front by one hun
dred and twenty five feet in depth, bounded North by guardhouse, East by first street, South
by Atchison and West by alley, also a lot in Block no two hundred and forty one having
a front of one hundred and thirty seven feet by one hundred and ninety feet in depth, North by
alley, East by first street, South by Mullanphy street West by Willi, also a lot in Block
Seventeen having a front of thirty feet by a depth of ninety feet bounded North by Finney,
East by Front Street South by Rogers, West by alley, also lot twenty four feet front by ninety
feet deep bounded North by Rogers, East by front street, South by Finnley, West by alley; sold
by virtue of two Executions one of which issued from the office of the Clerk of the St Louis Land
Court in favor of
issued from the office of the Clerk of the St Louis Court of Common Pleas in favor of
P Woods
the Execution of a deed by him, as Sheriff as aforesaid to
for all the right, title, interest, claim, estate and property of
and
a tract of land containing about sixty acres and being the most Eastern part of the West
half of the North West quarter of section nineteen in township number forty four North
range six East bounded North by land of
Conore Jesson
sold by
of April 1847
Chartand
of record in the Recorders Office of St Louis County in deed book no 154 page 278. Sold by
virtue of an order of sale made by the St Louis Land Court on the
in the partition suit of
edges the execution of a deed by him as Sheriff as aforesaid in favor of
Hoit
one of Carpenters Subdivision of Block three of
ing fifty feet on grand Avenue. Sold by virtue of two executions fevered from the office of
the Clerk of the St Louis Circuit court one in favor of
said
the execution of a deed by them as such Sheriff in favor of
Laumeier
of in and to the following described real estate, to wit; Lot numbers thirty six and thirty
seven of West Union Addition to the City of St Louis according to the recovered plat thereof be
ginning at a point on the South line of Davis street, West wardly one hundred and seventy
two feet from the point where the South line of said street interests the West line of Bridge
street thence Westwardly with the South line of Davis street one hundred feet, thence
Southwardly at right angles to Davis street one hundred and fifty one feet to an alley;
thence Eastwardly, with the North line of said alley, on hundred feet, thence Northwardly
with the West line of an alley one hundred and fifty one feet to the place of beginning bounded
North by Davis street, East by an alley and west by lot number thirty six. Sold by
virtue of an execution issued from the Office of the Clerk of the St Louis Circuit Court in
favor of
the
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called come not but make default
wherefore, on motion of the plaintiff it is ordered by the Court that the
petition herein be taken against them as confessed; and the Court finds
from the instrument in writing on which this action is founded that the defendants are indebted
to the plaintiff in the sum of ten hundred and fifty dollars and forty cents. It is therefore con
sidered by the Court that the said plaintiff recover of the side defendants the sum aforesaid
in form aforesaid as found and also his costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by her attorney, but the defendants,
although duly summoned and called, come not but make default
wherefore, on motion of said plaintiff it is ordered by the Court that
the petition herein be taken against them as confessed; and the Court
doth finds from the instrument in writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of seven hundred and thirty
eight dollars and ninety two cents. It is therefore considered by the Court that the said
plaintiff recover of the side defendants the sum aforesaid inform aforesaid as found and
also his costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, and
on his motion it is ordered by the Court that this cause
be dismissed as to the defendant
defendant,
called, comes not but makes default, wherefore, on motion of said plaintiff, the court
doth order that the petition herein be taken against him as confessed; and the Court
doth find from the instrument in writing on which this action is founded that the said
defendants is indebted to the plaintiff in the sum of two hundred dollars and fifty
five cents. It is therefore considered by the Court that the said plaintiff recover of
the said defendant the sum aforesaid inform aforesaid by the Court found and also
his costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, in proper persons,
but the defendant, although duly summoned and
called, comes not but makes default, wherefore, on motion
of said plaintiff, it is ordered by the Court that the petition herein be taken against him
as confessed: and the Court finds from the instrument in writing on which this action is
founded that the defendant is indebted to the plaintiff in the sum of four hundred and
seventeen dollars and two cents. It is therefore considered by the court that the said plain=
tiff recover of the said defendant the sum aforesaid inform aforesaid as found and also
his costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs, by their
attorney, but the defendant, although duly sum
moned and called, comes not but makes default,
wherefore, on motion of said plaintiffs, it is
ordered by the Court that the petition herein be
taken against him as confessed: and the Court finds from the instrument of writing on
which this action is founded that the defendant is indebted to the plaintiffs, in the sum of
five hundred and twenty four dollars and seventy seven cents. It is therefore considered by
the Court that the said plaintiffs recover of the said defendant the sum aforesaid in form
aforesaid as found and their costs herein expended and have execution therefor.
On Draft.
Now at this day comes the plaintiff, by their attorney, but the
defendant, although duly summoned and called, comes not
but makes default, wherefore, on motion of said plaintiffs, it
is ordered by the Court that the petition herein be taken against
them as confessed: and the Court finds from the instrument in writing on which this
action is founded that the defendant is indebted to the plaintiffs, in the sum of two
hundred and sixty three dollars and sixty three cents. It is therefore considered by the Court
that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid
as found and their costs herein expended and have therefor execution.
On note.
Now at this day come the plaintiffs, by their attorneys, and
dismiss this suit as to the defendant,
motion, leave is given them to amend their petition by in=
serting in the caption thereof the given name
the defendant, Frost, which amendment, is made; but
the defendants,
son
the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed:
and the Court finds from the instrument in writing on which this action is founded that the
defendants are indebted to the plaintiffs in the sum of seventeen hundred and twenty dollars
and twenty cents. It is therefore considered by the Court that the said plaintiffs recover
of the said defendants the sum aforesaid inform aforesaid by the Court found and also
their costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their attorney, and dismiss
this suit as to the defendant, Rockwell, but the defendant
Guibert, although duly summoned and called, comes not
but makes default, wherefore, on motion of the plaintiffs,
it is ordered by the Court that the petition herein taken
against him as confessed: and the Court finds from the instrument of writing on which this action
is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and
sixty dollars. It is therefore considered by the Court that the said plaintiffs recover of the said
defendant the sum aforesaid in form aforesaid as found and also their costs herein expen
ded and have execution therefor.
On Bill of Exchanges.
Now comes the plaintiff, by its attorney, but the defen
dant, although duly summoned and called: comes not
but makes default, wherefore, on motion of the plaintiff,
it is ordered by the Court that the petition herein be taken
against it as confessed: And the Court finds from
the instrument in writing on which this action is founded that the defendant is indebted
to the plaintiff in the sum of four hundred and fifteen dollars and nine cents. It is there
fore considered by the Court that the said plaintiff recover of the said defendant the sum
aforesaid inform aforesaid as found and its costs herein expended and have thereof execution.
On Note.
Now come the plaintiff, by its attorney, but the defendant,
not but makes default, wherefore, on motion of the plaintiff,
it is ordered by the Court that the petition herein be taken against
him as confessed: And the Court finds from the instrument
in writing on which this action is founded that the defendants
are indebted to the plaintiff in the sum of three thousand dollars. It is therefore considered
by the Court that the said plaintiff recover of the said defendants the sum aforesaid in
form aforesaid as found and his costs herein expended and have thereof execution.
On Note.
Now comes the plaintiff, by its attorney, but the defendants, al
though duly summoned and called, come not but makes default,
wherefore, on motion of the plaintiff, it is ordered by the Court that
the petition herein be taken against them as confessed: and the
Court finds from the instrument in writing on which this action is founded that the de
fendants are indebted to the plaintiff in the sum of seventeen hundred and ninety eight
dollars and ninety four cents. It is therefore considered by the Court that the said plaintiff
recover of the defendants the sum aforesaid inform aforesaid by the Court found and his
costs herein expended and have execution thereof.
Dismissal.
On motion of the plaintiffs it is ordered by the
Court that this cause be dismissed at the costs
of said plaintiffs and that execution issue therefor
On note.
Now come the plaintiff, by his attorney, but the defendant
although duly summoned and called, comes not but makes
default, wherefore, on motion of the plaintiff, it is ordered
by the Court that the petition herein be taken against him as confessed: and the Court
finds from the instrument in writing on which this action is founded that the defendant are
indebted to the plaintiff in the sum of three hundred and forty seven dollars and eighty
cents. It is therefore considered by the Court that the said plaintiff recover of the said defen
dant the sum aforesaid in form aforesaid in form aforesaid as found and his costs herein
expended and have execution therefor.
Now out this day comes the plaintiff, by his attorney, but the
defendant although duly summoned and called, comes not but
makes default, wherefore, on motion of the said plaintiff, it is
ordered by the Court that the petition herein be taken against him as confessed: and the
Court finds from the instrument in writing on which this action is founded that the defendant
is indebted to the plaintiff in the sum of three hundred and twenty seven dollars. It is there
fore considered by the Court that the said plaintiff recover of the said defendant the sum
aforesaid inform aforesaid inform aforesaid as found and his costs herein expended and have thereof execution.
On note.
Now comes the plaintiff, by his attorney, but the
defendant although duly summoned and called, comes not
but makes default, wherefore, on motion of the said plaintiff, it
is ordered by the Court that the petition herein be taken against him as confessed: and the
Court finds from the instrument in writing on which this action is founded that the defen
dant is indebted to the plaintiff in the sum of seven hundred and seventy dollars and forty
three cents. It is therefore considered by the Court that the plaintiff recover of the defen
dant the sum aforesaid inform aforesaid inform aforesaid as found and also his costs herein expended
and have thereof execution.
On note.
Now at this day comes the plaintiff, by its attorney, but the defendants
although duly summoned and called, come not but make default,
wherefore, on motion of the plaintiff, it is ordered that the petition
herein be taken against them as confessed: and the Court finds
from the instrument in writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of six hundred and eighty nine dollars
and fifty two cents. It is therefore considered by the Court that the said plaintiff recover
of the said defendants the sum aforesaid in form aforesaid as found and its costs herein
expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore on mo
tion the Court doth order that the petition herein be taken against him as confessed: and the Court finds from the instrument
in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and two
dollars and ninety five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum afore
said inform aforesaid as found and his costs herein expended and thereof have execution.
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called come not but make default,
wherefore, on motion of the plaintiff, it is ordered by the Court that
the petition herein be taken against them as confessed; and the
Court finds from the instrument in writing on which this action is
founded that the defendants are indebted to the plaintiff in the sum of four hundred and thirty
two dollars and fifty four cents. It is therefore considered by the Court that the said plain=
tiff recover of the said defendants the sum aforesaid inform aforesaid as found and his
costs herein and have thereof execution.
On note.
Now at this day comes the plaintiffs, by their attorney, but the
defendant, although duly summoned and called come not but
make default, wherefore, on motion of the plaintiffs, it is ordered
by the Court that the petition herein be taken against him as
confessed; and the Court finds from the instrument of writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of one hundred and seven dollars and eleven
cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants
the sum aforesaid inform aforesaid as found and also costs herein expended and thereof
have execution.
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant,
although duly summoned and called come not but make default,
wherefore, on motion of the said plaintiff, it is ordered by the Court that
the petition herein be taken against them as confessed; and the Court finds
from the instrument in writing on which this action is founded that the
defendants are indebted to the plaintiff in the sum of three hundred and eighty eight dollars and
sixty five cents. It is therefore considered by the Court that the said
plaintiff recover of the said defendants the sum aforesaid inform aforesaid as found and also costs herein expended and
have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called, come not but make default, wherefore,
on motion of the plaintiff, the Court doth ordered that the petition herein be taken
against him as confessed; and the Court doth finds from the instrument
of writing on which this action is founded that the defendants are indebted to the plaintiff in the
sum of six hundred and eighty seven dollars and twenty two cents: and the Court doth thereof
consider that the plaintiff recover of the said defendants the sum aforesaid in form aforesaid
as found and also his costs herein and have execution therefor.
Now at this day comes the plaintiff, by his attorney, but
the defendant, although duly summoned and called, comes
not but makes default, wherefore, on motion of the said
plaintiff, it is ordered by the Court that the petition herein
be taken against him as confessed: and the Court doth find from the instrument in writing on
which this action is founded that the defendant is indebted to the plaintiff in the sum of seven
hundred and ninety two dollars. It is therefore considered by the Court that the plaintiff
recover of the defendant the sum of aforesaid in form aforesaid as found and also his costs herein ex
pended and have execution therefor. Judgment to bear ten percent interest.
On Note.
Now at this day comes the plaintiff, by his attorney, by the defendant
although duly summoned and called comes not but makes default,
wherefore, on motion of the plaintiff, it is ordered by the Court that the
petition herein be taken against him as confessed: and the Court finds from the instrument in
writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of
three hundred and fifty dollars. It is therefore considered by the Court that the plaintiff re
cover of the defendant the sum aforesaid in form aforesaid in form aforesaid as found and his costs
herein expended and have execution therefor.
On note.
Now at this day come the plaintiff by their attorney, but the defendant,
although duly summoned and called; comes not but makes default
wherefore, on motion of the plaintiffs, it is ordered by the Court that
the petition herein be taken against him as confessed: and the court
finds from the instrument of writing on which this action is founded that the defendant is
indebted to the plaintiffs in the sum of eight hundred and forty dollars, It is therefore
considered by the court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid
as found and their costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs, by their attorney,
dismiss this suit as to the defendants,
but the defendant the Saint Louis and Iron Mountain Rail
Road Company, although duly summoned and called
comes not but makes default, wherefore, on motion of the
plaintiffs, it is ordered by the Court that the petition be taken
against the said defendant as confessed: and the Court doth
find from the instrument of writing on which this action is founded that the defendant is indebted
to the plaintiffs in the sum of two hundred and thirty one dollars and twenty five cents. It
is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum
aforesaid inform aforesaid as found and their costs herein expended and have there of execution.
On Bills of Exchange.
Now comes the plaintiff by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed: and the Court finds from
the instruments in writing on which this action is founded that the
defendants are indebted to the plaintiff in the sum of fifteen hundred
and ten dollars. It is therefore considered by the Court that the plaintiff recover of the defen
dants the sum aforesaid in form aforesaid as found and also his costs and charges in this
behalf expended and have thereof execution.
On notes.
Now come the plaintiffs, by their attorney, but the defendant,
although duly summoned and called, comes not but makes de
fault, wherefore, on motion of the plaintiffs, it is ordered by the
Court that the petition herein be taken against him as confessed;
and the Court finds from the instruments in writing on which this action is founded that
the defendant is indebted the plaintiffs in the sum of nine hundred and thirty dollars and
ninety nine cents. It is therefore considered by the Court that the plaintiffs recover of the
defendant the sum aforesaid as found together with interest thereon at the rate of ten percent
per annum from this date until paid and also their costs herein expended and have
execution therefor.
On note.
Now come the plaintiffs, by their attorney but the defendants, although
duly summoned and called, come not but make default, where
fore, on motion of the plaintiffs, the Court doth order that the peti
tion herein be taken against them as confessed; and the Court
doth find from the instrument in writing on which this action
is founded that the defendants are indebted to the plaintiffs in
the sum of ten hundred and fifty dollars. It is therefore considered by the Court that the plain=
tiffs recover of the defendants the sum aforesaid in form aforesaid as found and also their costs
herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore,
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed: and the Court doth find
from the instrument of writing on which this action is founded that the defendants are indebted
to the plaintiff in the sum of ten hundred and sixty five dollars. It is therefore considered by
the Court that the plaintiff recover of the defendants the sum aforesaid inform aforesaid as
found and his costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their attorney, the defendants, although
duly summoned and called come not but make default, wherefore
on motion of the plaintiffs, the Court doth order that the petition
herein be taken against them as confessed: and the Court doth
find from the instrument in writing on which this action as foun=
ded that the defendants are indebted to the plaintiffs in the sum
of ten hundred and sixty dollars. It is therefore considered by the Court that the plain
tiffs recover of the defendants the sum aforesaid in form aforesaid as founded also their
costs herein expended and have execution therefor.
On note.
Now at this day comes the plaintiff, by his attorney, but the defen
dant, although duly summoned and solemnly called comes not
but makes default, wherefore, on motion of the plaintiff, it is
ordered by the Court that the petition herein be taken against him as confessed; and
the Court doth find from the instrument of writing in which this action is founded that
that the defendant is indebted to the plaintiff in the sum of six hundred and eighty dollars
and fifteen cents. It is therefore considered by the Court that the plaintiff recover of the de
fendant the sum aforesaid in form aforesaid as found and also his costs herein expended
and have execution therefor.
On notes.
Now comes the plaintiff, by his attorney, but the defendants, al=
though duly summoned and called, come not but make default
wherefore, on motion of the plaintiff, it is ordered by the Court
that the petition herein be taken against them as confessed: and the
Court finds from the instrument of writing on which this action is founded that the defendant
are indebted to the plaintiff in the sum of three hundred and sixty seven dollars and ninety
two cents. It is therefore considered by the Court that the plaintiff recover of the defendants the
sum aforesaid in form aforesaid as found and also his costs herein expended and have thereof execution.
On note.
Now come the plaintiffs, by their attorney, but the defendant,
although duly summoned and called, comes not but makes
default, wherefore, on motion of the plaintiff, it is ordered by the
Court that the petition herein be taken against it as confessed;
and the Court finds from the instrument of writing on which
this action is founded that the defendants is indebted to the plaintiffs in the sum of two hun
dred and twenty six dollars and sixty cents. It is therefore considered by the Court that the
plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and their
costs herein expended and have thereof execution.
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as
to the defendant, Filed, but the defendants, Clarke and West, although
duly summoned and called, come not but make default, wherefore, on
motion of the plaintiff, it is ordered by the Court that the petition herein
be taken against them as confessed: And the Court finds from the
instrument in writing on which this action is founded that the defendants are indebted to
the plaintiff in the sum of two hundred and forty three dollars and fifty cents. It is therefore
considered by the Court that the plaintiff recover of the said defendants the sum aforesaid
in form aforesaid as found and his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore, on motion
of the plaintiff, it is ordered by the Court that the petition herein be taken
against him as confessed: and the Court doth find from the instrument in writing on which
this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred
and thirty three dollars and thirty cents. It is therefore considered by the Court that the said
plaintiff recover of the defendant the sum aforesaid inform aforesaid as found together with
interest thereon at the rate of ten percent per annum from this date until paid and also
his costs and charges herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiff, by his attorney, it is ordered by the Court that
the petition herein be taken against him as confessed: and the Court doth find from the instru
ment of writing on which the action is founded that the defendant is indebted to the plaintiff in
the sum of two hundred and sixty six dollars and thirty nine cents. It is therefore considered by
the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found
ed together with interest herein at the rate of ten per cent per annum from this date until paid and his
costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore, on
motion of the plaintiff it is ordered by the Court that the petition herein
be taken against them as confessed: and the Court finds from the in
strument in writing on which this action is founded that the defendants are indebted to the
plaintiff in the sum of five hundred and twenty seven dollars and twenty five cents. It is there=
fore considered by the Court that the plaintiff recover of the defendants to the sum aforesaid in
form aforesaid as found and his costs herein expended and have execution therefor.
On Bill of Exchange.
Now comes the plaintiff, by his attorneys, but the defendant although duly
summoned and called, comes not but makes default wherefore, on motion
of the plaintiff, it is ordered by the Court that the petition herein be taken
against him as confessed: and the Court finds from the instrument in writing on which this
action is founded that the defendant is indebted to the plaintiff in the sum of Sixteen hun=
dred and eighty one dollars and four cents. It is therefore considered by the Court that the
plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and also
his costs herein expended and have execution therefor.
On notes.
Now comes the plaintiff, by his attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against him as confessed: and the Court finds from the instruments in writing
on which this action is founded that the defendant is indebted to the plaintiff in the sum of
twenty one hundred and seventeen dollars and eighty two cents. It is therefore considered by
the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as
found together with interest therein at the rate of ten percent per annum from this date until
paid and his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition herein be
taken against him as confessed: And the Court finds from the instrument in writing on which this action
is founded that the defendant is indebted to the plaintiff in the sum of three hundred and twenty six dol=
lars and eighty five cents, It is therefore considered by the Court that the plaintiff recover of the defendant the
sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants, al=
though duly summoned and called, come not but make default,
wherefore, on motion of the plaintiff, it is ordered by the Court that
the petition herein be taken against them as confessed: and the
Court doth find from the instrument in writing on which this action
is founded that the defendants are indebted to the plaintiff in the sum of ten hundred and
seventy one dollars and twenty cents. It is therefore considered by the Court that the plain=
tiff recover of the defendants the sum aforesaid inform aforesaid as found and his costs herein
expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore,
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed: and the Court finds from
the instrument in writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of five hundred and fifty four dol=
lars and thirty two cents. It is therefore considered by the Court that the plaintiff recover of
the defendants the sum aforesaid in form aforesaid as found and also his costs herein ex=
pended and have execution therefor.
On note.
Now come the plaintiffs, by their attorney, but the defendants, al=
though duly summoned and called, come not but make default
wherefore, on motion of plaintiffs, it is ordered by the Court,
that the petition herein be taken against them as confessed: and
the Court finds from the instrument in writing on which this
action is founded that the defendants are indebted to the plaintiffs in the sum of two
hundred and fifty dollars. It is therefore considered by the Court that the plaintiffs recover
of the defendants the sum aforesaid in form aforesaid as found and their costs herein ex=
pended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney and dismisses
this suit as to the defendant,
summoned and called, come not but make default, wherefore,
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed: and the Court finds from the instrument in writing
on which this action is founded that the defendants are indebted to the plaintiff in the sum
of six hundred and thirty three dollars and twenty eight cents. It is therefore considered
by the Court that the plaintiff recover of the defendants the sum aforesaid in form afore=
said as found and his costs herein expended and have execution therefor. Judgment to
her interest at the rate of ten per cent per annum.
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered by the Court
that this cause be dismissed at the costs of said plaintiff and that
execution issue therefor.
On note.
Now come the plaintiffs, by their attorney, but the defendants,
although duly summoned and called, come not but make default,
wherefore, on motion of the plaintiffs, it is ordered by the Court
that the petition herein be taken against them as confessed:
and the Court finds from the instrument in writing on which this
action is founded that the defendants are indebted to the plaintiffs
in the sum of four hundred and twenty seven dollars and seven cents. It is therefore considered
by the Court that the plaintiff recover of the defendants the sum aforesaid inform aforesaid
as found and their costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as
to the defendant,
Belcher
default, wherefore, on motion of the plaintiff it is ordered by the Court
that the petition herein be taken against him as confessed: and the Court finds from the in
strument in writing on which this action is founded that the defendant,
is indebted to the plaintiff in the sum of nine hundred and eighteen dollars and sixty three
cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum
aforesaid inform aforesaid as found and also his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney but the defendants although
duly summoned and called, come not but make default, wherefore
on motion of the plaintiff, it is ordered by the Court that that the peti
tion herein be taken against them as confessed: and the Court finds
from the instrument in writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of seven hundred and thirty six dol
lars and fifty five cents. It is therefore considered by the Court that the plaintiff recover of the
defendants the sum aforesaid in form aforesaid as found and also his costs herein expended
and have thereof execution.
On note.
Now come the plaintiffs by their attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore,
on motion of the plaintiffs, it is ordered by the Court that the
s petition herein be taken against him as confessed: and the Court
finds from the instrument in writing on which this action is founded that the defendant is
indebted to the plaintiffs in the sum of thirteen hundred and eighty one dollars and sixty
three cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the
sum aforesaid in form aforesaid as found and their costs herein expended and have ex
ecution therefor. Judgment ot bear ten per cent interest from this date until paid.
Default.
Now comes the plaintiff, in person, but the defendants,
and
not but make default, wherefore, on motion of said plaintiff, it is
ordered by the Court that the petition herein be taken against them
as confessed.
On note.
Now comes the plaintiff, by its attorney, but the defendants,
although duly summoned and called, come not but make default,
wherefore on motion of the plaintiff, it is ordered by the Court that
the petition herein be taken against them as confessed: and the
Court finds from the instrument in writing on which this action
is founded that the defendants are indebted to the plaintiff in the sum of five hundred and
twenty eight dollars and fifteen cents. It is therefore considered by the Court that the plaintiff
recover of the defendants the sum aforesaid in form aforesaid as found and its costs herein
expended and have execution therefor.
On note.
Now comes the plaintiff by its attorney, and dismisses this suit
as to the defendant,
not but make default, wherefore, on motion of the plaintiff, it
is ordered by the Court that the petition herein be taken against
them as confessed: and the Court finds from the instrument in writing on which this action
is founded that the said defendants are indebted to the plaintiff in the sum of two hun
dred and fifty six dollars and thirty three cents. It is therefore considered by the Court that
the plaintiff recover of the defendants to the sum aforesaid in form aforesaid as found and its
costs herein expended and have thereof execution.
On Bill of Exchange.
Now come the plaintiffs, by their attorney, but the defendants,
although duly summoned and called, come not but make
default, wherefore, on motion of the plaintiffs, it is ordered by the
Court that the petition herein be taken against them as con
fessed; and the Court finds from the instruments in writing on
which this action is founded that the defendants are indebted to the plaintiffs in the sum
of three hundred and sixty four dollars and eighty nine cents. It is therefore considered
by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid
as found and their costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although
duly summoned and called, comes not but makes default, where
fore, on motion of the plaintiff, it is ordered by the Court that the
petition herein be taken against him as confessed: and the Court finds from the instrument
in writing on which this action is founded that the defendant is indebted to the plaintiff in
the sum of three hundred and sixty seven dollars and fifty cents. It is therefore consid
ered by the Court that the plaintiff recover of the defendant the sum aforesaid in form
aforesaid as found together with interest herein at the rate of ten per cent per annum
from this date until paid and also his costs and charges herein expended and have execution therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the
Court that this suit be dismissed at his costs and that exe
cution issue therefor.
Default.
Now comes the plaintiff by his attorney, but the defendant, al
though duly summoned and called, comes not but makes
default, wherefore, on motion of the plaintiff it is ordered by
the Court that the petition herein be taken against it as confessed:
Default.
Now comes the plaintiffs, by their attorney, but the defendant,
not but makes default, wherefore, on motion of the plaintiff
it is ordered by the Court that the petition herein be taken against
the said defendant as confessed; and it is further ordered that
an alias Summons issue herein for the other defendants returnable to the next term of this Court.
Answer of
D Stewart
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that
this cause be dismissed at his costs and that execution issue therefor.
Stipulation filed. Amended petition filed by consent.
Default.
Now comes the plaintiff, by his attorney but the defendants,
K Fisher
and called, come not but make default, wherefore, on motion
of the plaintiff, it is ordered by the Court that the petition herein
be taken against the said defendants as confessed.
Dismissal.
Now come the parties, by their attorney, and file a stipulation herein
and by consent of parties it is ordered by the Court that the garni
shees summoned herein be discharged and this suit dismissed at
the costs of the plaintiffs and that execution issue therefor. The defen
dants waive all claim for damages herein.
Default
Now comes the plaintiff, in person, but the defendant, the
duly, summoned and called comes not but makes default,
wherefore, on motion of the plaintiff is ordered by the Court
that the petition herein be taken against the said defendant
as confessed.
Default.
Now comes the plaintiff by his attorney, but the defendant,
G Moise
makes default, wherefore, on motion of the plaintiff, it is ordered
by the Court that the petition herein be taken against him as confessed.
Murder in the first degree.
Now again come as well the parties as aforesaid as also the Jurors
empanelled and sworn herein, and thereupon the trial of the cause
progressed, but the same not being concluded at the hour of ad
journment, it is ordered by the Court that further proceedings herein be deferred until the
meeting of the Court tomorrow morning.
Court met pursuant to adjournment. Present as before.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Motion to strike out part of answer filed.
Affidavit of Service filed.
answer filed.
Motion to dismiss for want of security for costs filed.
Proof of service on defendant,
Depositions for defendant opened and filed.
On notes.
Now come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiffs, it is ordered by the Court that the pe
tition herein be taken against him as confessed: and the Court
finds from the instrument in writing on which this action is founded that the defendant is
indebted to the plaintiffs in the sum of six hundred and forty two dollars and sixty five
cents. It is therefore considered by the Court that the plaintiffs recover of the defendant
the sum aforesaid as found and their costs herein expended and have execution therefor.
Now comes the defendant, by his attorney, and moves the Court for
a writ of special venue facias for the summoning of a Jury herein
and the Court having duly heard and considered the said motion
and the affidavit of the defendant heretofore filed herein, and being thereof fully advised
doth order that the same be overruled. The defendant files a Bill of Exceptions herein.
On motion of the plaintiff, by its attorney, it is ordered by
the Court that the garnishees,
Company
Proof of Publication.
Now come the plaintiffs, by their attorney, and file proof satisfac
tory to the Court that the order of publication heretofore made herein
has been duly, published according to law.
Default.
Now comes the plaintiff, by her attorney, but the defendants,
Haemmerle
and called, come not but make default, wherefore on motion of
the plaintiff, it is ordered by the Court that the petition herein be
taken against them as confessed.
Default.
Now comes the plaintiff, by her attorney, but the defendants, although
duly summoned and called come not but make default, wherefore
on motion of the plaintiff, it is ordered by the Court that the peti
tion herein be taken against them as confessed. Motion and affi
davit to set aside default filed.
Default.
Now comes the plaintiff by his attorney, but the defendant
athan Jones
but makes default, wherefore, on motion of the plaintiff it
is ordered by the Court that the petition herein be taken
against him as confessed.
On notes.
Now come the plaintiffs, by their attorney, but the defendants
although duly summoned and called, come not but make
default, wherefore, on motion of the plaintiffs, it is ordered
by the Court that the petition herein be taken against them
as confessed: and the Court finds from the instruments in
writing on which this action is founded that the defendants are
indebted to the plaintiffs in the sum of thirteen hundred and
ninety nine dollars and twenty six cents. It is therefore consid
ered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form afore
said as found and their costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called, come not but make de
fault, wherefore, on motion of the plaintiff, it is ordered by the
Court that the petition herein be taken against them as confessed
and the Court finds from the instrument in writing on which this action is founded that the
defendants are indebted to the plaintiff in the sum of ten hundred and fifty three dollars and
eighty cents. It is therefore considered by the Court that the plaintiff recover of the defendants
the sum aforesaid in form aforesaid as found and his costs herein expended and have thereof
execution.
On notes.
Now comes the plaintiff, by its attorney but the defendant
although duly summoned and called, comes not but
makes default, wherefore, on motion of the plaintiff,
it is ordered by the Court that the petition herein, be
taken against him as confessed: and the Court finds from the instruments in writing on
which this action is founded that the defendant is indebted to the plaintiff in the sum of
twenty three hundred and twenty three dollars and twenty seven cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendant the sum aforesaid in form
aforesaid as found and its costs herein expended and have thereof execution.
On note.
Now come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiffs, it is ordered by the Court that the petition
herein be taken against him as confessed: and the Court finds from
the instrument in writing on which this action is founded that the de
fendant is indebted to the plaintiffs in the sum of one hundred and ninety three dollars
and fifty three cents. It is therefore considered by the Court that the plaintiffs recover of
the defendants the sum aforesaid in form aforesaid as found and their costs herein expended
and have thereof execution.
Default.
Now come the plaintiffs, by their attorney, but the defendant,
A Bassett
default, wherefore, on motion of the plaintiffs, it is ordered by the Court that
the petition be taken against him as confessed.
On note
Now comes the plaintiff, by his attorney, but the defendants, al
though duly summoned and called, come not but make default,
wherefore, on motion of the plaintiff, it is ordered by the Court that
the petition herein be taken against them as confessed: and the Court
finds from the instrument in writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of nine hundred and fifty seven dollars and eighty four cents.
It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid
in form aforesaid as found and his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendant, al
though duly summoned and called, comes not but makes default, wherefore,
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against him as confessed: and the Court finds from the instrument in writing
on which this action is founded that the defendant is indebted to the plaintiff in the sum of
six hundred and eleven dollars and seventy five cents. It is therefore considered by the Court that the plaintiff
recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein
expended and have execution therefor.
On note.
Now comes the plaintiff by his attorney, and moves the Court to strike
out the demurrer or the defendant filed herein, and the Court having
duly heard and considered the said motion and being thereof fully
advised, doth order that the same be sustained; and the defendant failing further to plead
herein, it is on motion of the plaintiff ordered that the petition herein be taken against him as
confessed: and the Court finds from the instrument in writing on which this action is founded
that the defendant is indebted to the plaintiff in the sum of one hundred and eighty eight.
It is therefore considered by the Court that the plaintiff recover of the defendant the sum afore
said in form aforesaid as found and his costs herein expended and have execution therefor.
On Bill of Exchange.
Now comes the plaintiffs, by their attorney, but the
defendant, although duly summoned and called,
comes not but makes default, wherefore, on motion
of the plaintiff, it is ordered by the Court that the
petition herein be taken against them as confessed: and the Court finds from the instrument in
writing on which this action is founded that the defendants are indebted to the plaintiffs in the
sum of two hundred and forty three dollars and twenty five cents. It is therefore considered by
the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid
as found and their costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore, on motion of the plain
tiff, it is ordered by the Court that the petition herein be taken against them as
confessed: and the Court finds from the instrument in writing on which this action is
founded that the defendants are indebted to the plaintiffs in sum of four hundred and twenty one dollars and
twenty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid
in form aforesaid as found and his costs herein expended and have execution therefor. Judgment to bear
ten percent interest until paid.
On note
Now comes the plaintiff, by his attorney, but the defendants, al
though duly summoned and called, comes not but make default,
wherefore, on motion of the plaintiff, it is ordered by the Court that the
petition herein be taken against them as confessed: and the Court finds from
the instrument in writing on which this action is founded that the defendants are indebted to the
plaintiffs in sum of three hundred and seventy four dollars and forty four cents. It is therefore
considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid
as found together with his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore, on mo
tion of the plaintiff, it is ordered by the Court that the petition herein be taken
against them as confessed: and the Court finds from the instrument in wri
ting on which this action is founded that the defendants are indebted to
the plaintiffs in sum of six hundred and nine dollars and six cents. It is therefore considered
by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as
found and his costs herein expended and have thereof execution.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly sum
moned and called, come not but make default, wherefore, on motion of the
plaintiff, it is ordered by the Court that the petition herein be taken against them
as confessed: and the Court finds from the instrument in writing on which this action is founded that
the defendant is indebted to the plaintiff in sum of three hundred and ninety eight dollars and
thirty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendant the
sum aforesaid as found and his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, in person, but the defendant, although duly sum
moned and called, come not but make default, wherefore, on motion of the
plaintiff, it is ordered by the Court that the petition herein be taken against
them as confessed: and the Court finds from the instrument in writing on
which this action is founded that the defendant is indebted to the plaintiff
in sum of four hundred and ninety nine dollars and eighty nine cents. It is therefore considered
by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found
and his costs herein expended and have execution therefor.
On note and due bill.
Now comes the plaintiff, by his attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore, on motion
of the plaintiff, it is ordered by the Court that the petition herein be taken
against him as confessed: and the Court finds from the instruments in writing on which this
action is founded that the defendant is indebted to the plaintiff in sum of fourteen hundred
and six dollars and ten cents. It is therefore considered by the Court that the plaintiff recover of the defen
dant the sum aforesaid as found and his costs herein expended and have thereof execution.
On motion of the defendant, by its attorney, until the fifteenth instant
is given it to answer herein.
On note.
Now comes the plaintiffs, by his attorney, but the defendant, although
duly summoned and called, comes not but make default, wherefore,
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against him as confessed: and the Court finds from the
instrument in writing on which this action is founded that the defendant is indebted to the
plaintiffs in sum of three hundred and forty two dollars and thirty two cents. It is there
fore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form
aforesaid as found and their costs herein expended and have execution therefor.
On note.
Now comes the plaintiffs, by their attorney, but the defendant, al
though duly summoned and called, comes not but makes default,
wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: and
the Court finds from the instrument in writing on which this
action is founded that the defendant is indebted to the plaintiffs
in the sum of five hundred and nine dollars and seventy eight cents. It is therefore considered
by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as
found together with interest thereon at the rate of ten per cent per annum from this date until
paid and their costs herein expended and have execution therefor.
On note.
Now comes the plaintiffs, by their attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed: and the Court finds
from the instrument in writing on which this action is founded that the defendants is indebted
to the plaintiff in the sum of five hundred and ninety eight dollars and forty two cents. It is
therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid
in form aforesaid as found and his costs herein expended and have thereof execution.
On note.
Now comes the plaintiff, by their attorney, but the defendants although
duly summoned and called, come not but make default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed: and the Court finds
from the instrument in writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of Seven thousand three hundred
and three dollars and five cents. It is therefore considered by the Court that the plaintiff
recover of the defendants the sum aforesaid in form aforesaid as found and interest thereon
at the rate of ten per cent per annum from this date until paid and also his costs herein
expended and have execution therefor.
Default.
Now comes the plaintiff, by its attorney, but
and
come not but make default, wherefore, on motion of
the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed.
On note.
Now comes the plaintiff, by his attorney, but the defendants
although duly summoned and called, come not but make de
fault, wherefore on motion of the plaintiff, it is ordered by the
Court that the petition herein be taken against them as confessed:
and the Court finds from the instrument in writing on which this action is founded that the
defendants are indebted to the plaintiff in the sum of five hundred and forty eight dollars
and eight six cents. It is therefore considered by the Court that the plaintiff recover of the
defendants the sum aforesaid in form aforesaid as found and his costs herein expended and
have execution therefor. Thereupon comes the defendant,
and affidavit to set aside the judgment by default.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore, on motion
of the plaintiff, it is ordered by the Court that the petition herein be taken
against him as confessed: and the Court finds from the instrument in writing on which this
action is founded that the defendants is indebted to the plaintiff in the sum of five hundred
and seventy nine dollars and thirty one cents. It is therefore considered by the Court that the plain
tiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein
expended and have thereof execution.
On notes
Now comes the plaintiffs, by his attorney, but the defendant, although
duly summoned and called, come not but makes default, wherefore,
on motion of the plaintiffs, it is ordered by the Court that the petition
herein be taken against him as confessed: and the Court finds from
the instrument in writing on which this action is founded that the defendants is indebted to the plain
tiffs in the sum of five thousand three hundred and forty two dollars and sixty six cents. It is
therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in
form aforesaid as found and their costs herein expended and have execution therefor. The plaintiffs
by leave with draw the notes sued on and file a copy thereof.
On note.
Now comes the plaintiffs, by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore,
on motion of the plaintiffs, it is ordered by the Court that the petition
herein be taken against him as confessed: and the Court finds from
the instrument in writing on which this action is founded that the defen
dants is indebted to the plaintiff in the sum of five hundred and twenty six dollars and
ninety six cents. It is therefore considered by the Court that the plaintiff recover of the defen
dants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
On Notes. Now comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called, come not but make default, wherefore,
on motion of the plaintiffs, it is ordered by the Court that the petition herein be
taken against them as confessed: and the Court finds from the instrument in writing
on which this action is founded that the defendants are indebted to the plaintiff in the sum of three hundred
and twenty nine dollars and forty seven cents. It is therefore considered by the Court that the plaintiff
recover of the defendant the sum aforesaid as found and his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff by his attorney, land dismisses this suit as
to the defendants
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiff, by his attorney, it is ordered by the Court
that the petition herein be taken against him go confessed: and the Court finds from the instru
ment in writing on which this action is founded that the defendant,
ed to the plaintiff in the sum of three hundred and sixty five dollars and fourteen cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid
in form aforesaid as found and his costs herein expended and have execution therefor. Judgment
to bear interest at the rate of ten per cent per annum until paid.
On note.
Now come the plaintiffs, by their attorneys, but the defen
dants, although duly summoned and called, come not
but make default, wherefore; on motion of the plaintiffs, it
is ordered by the Court that the petition herein be taken
against them as confessed: and the Court finds that the
defendants are indebted to plaintiffs on account of the instrument in writing on which action is founded in
the sum of eleven hundred and fifteen dollars and six cents. It is therefore considered, by the
Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid
as found and their costs herein expended and have execution therefor.
Dismissal.
Now comes the plaintiff, by their attorneys, and dismiss
this suit at their costs, and it is ordered that execution issue
therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed; And the Court finds from
the instrument in writing on which this action is founded that the defendants are indebted
to the plaintiff in the sum of two hundred and thirty seven dollars and fifty cents. It is
therefore considered, by the Court that the plaintiff recover of the defendants the sum of aforesaid
in form aforesaid as found and interest thereon at the rate of ten per cent per annum form
this date until paid and his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the
defendants, although duly summoned and called, comes not
but make default, wherefore on motion of the plaintiff, by his
attorney, it is ordered by the Court that the petition herein be taken against him as confessed:
and the Court finds from the instrument in writing on which this action is founded that
the defendants is indebted to the plaintiff in the sum of nine hundred and twenty three dollars
and forty one cents. It is therefore considered, by the Court that the plaintiff recover of
the defendants the sum of aforesaid in form aforesaid as found and also his costs herein
expended and have execution therefor.
On note.
Now comes the plaintiffs, and the defendants, by their respective at
torneys, and the plaintiffs withdrawn all allegations of fraud contained
in the petition and affidavit and the defendant also withdraws the
plea in abatement herein, and the parties agree and consent that
judgment may be rendered herein in favor of the plaintiffs and against the defendant for
the sum of twenty one hundred and sixty dollars and eighty two cents. It is in therefore consid
ered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid
as agreed, upon and their costs herein expended and have execution therefore. The parties consent
this judgment bear no interest until the
On note.
Now come the plaintiffs, by his attorneys, but the defendants, although duly
summoned and called, come not but make default, wherefore; on motion
of the plaintiffs, it is ordered by the Court that the petition herein be
taken against them as confessed: and the Court finds from the instrument
in writing on which this action is founded that the defendants are indebted to the plaintiff in
the sum of four hundred and eighty nine dollars and six cents. It is therefore considered, by
the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found
and his costs herein expended and have thereof execution.
On note.
Now come the plaintiffs, by his attorneys, land dismisses this suit as to
the defendant
although duly summoned and called, comes not but make default,
wherefore; on motion of the plaintiffs, it is ordered by the Court that the
petition herein be taken against him as confessed and the Court finds from the instrument
in writing on which this action is founded that the defendant,
to the plaintiff in the sum of seven hundred and seventy three dollars and fifty cents. It is
therefore considered, by the Court that the plaintiff recover of the sum afore
said in form aforesaid as found and his costs herein expended and have thereof execution.
On Due Bill.
Now come the plaintiffs, by his attorneys, but the defendants, although duly
summoned and called, comes not but make default, wherefore; on motion of
the plaintiffs, it is ordered by the Court that the petition herein be taken against
him as confessed: and the Court finds from the instrument in writing on which this action is
founded that the defendants is indebted to the plaintiff in the sum of three hundred and seventy
seven dollars and twenty four cents. It is therefore considered, by the Court that the plaintiff
recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expen
ded and have execution therefor.
On note. Now comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called, comes not but make default,
wherefore on motion of the plaintiff, it is ordered by the Court that the peti
tion be taken against them as confessed: and the Court finds from the instru
ment in writing on which this action is founded that the defendants one plaintiffs in the sum of four hundred and sixty nine dollars and fifty
six cents. It is therefore considered, by the Court that the plaintiff recover of the defendants
the sum of aforesaid inform aforesaid as found and also his costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their attorneys, but the defen
dants, although duly summoned and called, come not but
make default, wherefore; on motion of the plaintiffs, it is ordered
by the Court that the petition herein be taken against them as con
fessed: and the Court finds from the instrument in writing on
which this action is founded that the defendants are indebted to the plaintiffs in the sum of
two hundred and forty dollars and thirteen cents. It is therefore considered, by the Court that
the plaintiffs recover of the defendants the sum aforesaid inform aforesaid as found and
their costs herein expended and have thereof execution therefor.
On note.
Now come the plaintiffs, by their attorneys, but the defendants, although
duly summoned and called, come not but makes default, wherefore,
on motion of the plaintiffs, it is ordered by the Court that the
petition herein be taken against him as confessed; and the Court
finds from the instrument in writing on which this action is founded that the defendants is
indebted to the plaintiff in the sum of Eight hundred and eighty nine dollars. It is therefore
considered, by the Court that the plaintiffs recover of the defendants the sum aforesaid in form
aforesaid as found and their costs herein expended and have execution therefor.
On note.
Now comes the plaintiffs, by his attorneys, but the defendants, although duly
summoned and called, come not but make default, wherefore; on motion
of the plaintiffs, it is ordered by the Court that the petition herein be taken
against them as confessed: and the Court finds from the instrument
in writing on which this action is founded that the defendants are indebt
ed to the plaintiff in the sum of seven hundred and thirteen dollars. It is therefore considered
by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid
as found and his costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their attorneys, but the defen
dants, although duly summoned and called, come not but
make default, wherefore; on motion of the plaintiffs, it is
ordered by the Court that the petition herein be taken
against them as confessed: and the Court finds from
the instrument in writing on which this action is founded
that the defendants are indebted to the plaintiffs in the sum of three hundred and forty
dollars and ten cents. It is therefore considered, by the Court that the plaintiffs recover of the
defendants the sum aforesaid in form aforesaid as found and their costs herein expended and
have execution therefor.
On note.
Now come the plaintiffs, by their attorneys, and dismiss this suit
as to the defendant
Smizer, Jr
called, come not but make default, wherefore; on motion of the
plaintiffs, it is ordered by the Court that the petition herein be
taken against them as confessed and the Court finds from the
instrument in writing on which this action is founded that the defendant, are indebted to the
plaintiff in the sum of one hundred and twenty seven dollars and seventy six cents. It is
therefore considered, by the Court that the plaintiff recover of the defendants the sum afore
said in form aforesaid as found together with interest therein at the rate of ten percent per annum
from this date until pain and also their costs herein expended and have thereof execution.
On Bill of Exchange.
Now come the plaintiffs, by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore;
on motion of the plaintiffs, it is ordered by the Court that the peti
tion herein be taken against them as confessed: and the Court finds
from the instrument in writing on which this action is founded that the defendants are in
debted to the plaintiff in the sum of two hundred and six dollars and thirty four cents.
It is therefore considered, by the Court that the plaintiffs recover of the defendants the sum
aforesaid inform aforesaid as found and his herein expended and have execution therefor.
On note.
Now comes the plaintiffs, by his attorneys, but the defendants,
although duly summoned and called, come not but make de
fault, wherefore; on motion of the plaintiffs, it is ordered by the
Court that the petition herein be taken against them as confessed:
and the Court finds from the instrument in writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of two hundred and one dollars and
seventy five cents. It is therefore considered, by the Court that the plaintiffs recover of the
defendants the sum aforesaid inform aforesaid as found together with interest there on at
the rate to ten per cent per annum from this date until paid and his costs herein expen
ded and have execution therefor.
The plaintiff having failed to files interrogatories against
S Haydon
he be discharged hence as such.
Default.
Now comes the plaintiffs, by his attorneys, but the defendants, al
though duly summoned and called, come not but make default,
wherefore; on motion of the plaintiffs, it is ordered by the Court
that the petition herein be taken against them as confessed.
Depositions for defendants opened and filed.
Depositions for plaintiff opened and filed.
Replication filed.
Demurer filed.
Motion for an order bringing in parties defendants filed.
Murder in the first degree.
Now again come as well the parties as aforesaid to also the Jurors
aforesaid and therefore the trial of the cause progressed but the
same not being concluded at the hour of adjournment, it is ordered
by the Court that further proceedings herein be deferred until the meeting of the Court to
morrow morning.
Court met pursuant to adjournment. Present as before.
edges the execution by him of a deed of emancipation to
negro slave of black complexion, aged about thirty six and about five first nine inches in height.
Motion for security for costs filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Motion for security for costs filed.
Deposition for plaintiff opened and filed.
The defendants
The garnishees file an answer herein.
The plaintiff files a bond for security for coasts, with
as security. Demurrer filed.
The defendants
answer filed herein by consent file an amended answer.
On motion until the fourteenth instant is given to plead herein.
Ordered that a dedimus issue to Illinois for the plaintiff.
Ordered that a dedimus issue to Ohio for defendants.
Dismissal.
Now comes the plaintiff by the attorney, and dismisses this suit
as to the defendants,
Default.
Now come the plaintiffs, by their attorney, but the defendant,
not but make default, wherefore, on motion of the plaintiffs, it
is ordered by the Court that the petition herein be taken against him against
him as confessed: it is further ordered that an alias summons issue
herein for the defendant
Answer filed.
Answer filed.
Plea in abatement filed.
Plea in abatement filed.
Demurrer
filed.
Answer filed.
Answer and Exhibit filed.
The defendant files a motion for security for costs.
Answer and set off filed.
Answer filed.
Answer filed.
The defendants files an answer herein.
On note.
Now come the plaintiffs, by their attorneys, but the
defendants, although duly summoned and called
come not but make default, wherefore, on motion
of the plaintiffs, it is ordered by the Court that the
petition herein be taken against them as confessed:
and the Court finds from the instrument in writing on which this action is founded that
the defendants are indebted to the plaintiffs in the sum of one hundred of one hundred and six dollars
fifty five cents. It is therefore considered by, the Court that the plaintiffs recover of the
defendants the sum aforesaid inform aforesaid as found and their costs herein expended
and have execution therefor.
Dismissal.
Now comes the plaintiffs, by his attorneys,
and on his motion it is ordered by the Court that this
cause be dismissed at the costs of said plaintiff and
that execution issue therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but makes default, where
fore; on motion of the plaintiff, it is ordered by the Court that the
petition herein be taken against him as confessed and the Court finds from the instrument
in writing on which this action is founded that the defendants is indebted to the plaintiff in
the sum of fifty eight dollars twenty four cents. It is therefore considered by the Court
that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as found and his
costs herein expended and have execution therefor.
On note. Now comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called, come not but makes de
fault, wherefore on motion of the plaintiff, it is ordered by the
Court that the petition herein be taken against it as confessed
and the Court finds from the instrument in writing on which
this action is founded that the defendants is indebted to the plaintiff in the sum of three
hundred and ten dollars fifty cents. It is therefore considered by the Court that the
plaintiff recover of the defendant the sum aforesaid inform aforesaid as found and his
costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against him as confessed: and the Court finds from the instrument in
writing on which this action is founded that the defendants is indebted to the plaintiff in the
sum of two hundred and forty seven dollars eleven cents. It is therefore considered by
the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid
as found and his costs herein expended and have execution therefor.
edgment of service of writ and petition in this cause.
Satisfaction.
Now at this day comes the plaintiff, in person, and acknowl
edges to have received full and entire satisfaction of the judg
ment rendered in this cause on the
eighteen hundred and fifty eight
Dismissal.
Now at this day come the plaintiffs, by
their attorney, and on their motion it is ordered by the
Court that this suit be dismissed at the costs of said
plaintiff and that execution issue therefor.
Murder in the first degree.
Now again come as well the parties as aforesaid as also the
Jurors aforesaid and thereupon the trial of the cause progressed
but the same not being concluded at the hour of adjournment
it is ordered by the Court that further proceedings herein be defend until the meeting of
the Court tomorrow morning.
Court met pursuant to adjournment. Present as before.
execution of a deed by him as such Sheriff in favor of
and property of
scribed real estate, in said Deed described as follows, to wit: a certain tract of land sit
uate lying and being in the County of Saint Louis, State of Missouri of which the following
is a description, vig: beginning at a state, being
East bank of
twenty nine degrees, East five chains and six links to an elm; thence North Seventy three
degrees, East eight chains and eighty six links to an ash on the bank; thence North fifty
degrees, East seven chains and eighty six links to a state; thence North fifty degrees
West nine chains and nine links to a state; thence North twenty nine degrees, East fifty
four chains and seventy eight links to a stake in the road; thence North by one degree West
one chain and ninety six links to a
subdivision line of Section eight, township forty four, North range, six East of the fifth
principal meridian twenty chains and nineteen links to the supposed centre of said section;
thence North eighty three degrees, East twenty five chains and twelve links to stone;
thence South seven, degrees East fifteen chains and ninety links, alone the line of
Wells
three links to the corner of sections Eight, nine, Sixteen and seventeen; thence West five
chains, and thirty one links to a stone; thence South thirty degrees, West twenty five
chains and three links to a stone; thence sixty three degrees, West seven chains and
fifty two links; thence South forty degrees, West fifty six chains and seventy one links to
the beginning, containing three hundred and eighty 76/100 acres, more of less: Sold under and
by virtue of an Execution issued from the Office of the clerk of the St Louis Circuit
Court in favor of
and against
returnable to the
Answer filed.
Answer filed
the execution of a deed by him as Sheriff in favor of
Gray
and to the following described real estate, to wit: the North half of block number one
hundred and ninety nine fronting on the West side of Main street one hundred
feet, and on Rutger street three hundred and fifty feet, more or less. North by
Rutger street, West by block number two hundred, South by Public School Lands
and lots four five and six in block number one in Parks addition to the City of St Louis
bounded East by seventh street, North by lot seven, West by alley and South by
lot three; with the buildings and improvements thereon. Sold by virtue of two Executions
one of which issued from the Office of the Clerk of the St Louis Court of Common
Pleas and the other from the office of the Clerk, of the Supreme Court of the State of
Missouri both in favor of
R Mason
tion of a deed by him as such Sheriff in favor of
all the right, title, interest, claim, estate and property of
the following described real estate, to wit: lots fifteen, sixteen, seventeen and eighteen in block
number one in park addition, East fronting twenty five feet on the West line of Eighth
street, running thence Eastwardly one hundred, and twenty feet to an alley; bounded West
by Eighth street, East by an alley, North by lot fourteen and South by lot nineteen. Lot
in block number three in said
on the East side of Ninth street, and running thence Eastwardly one hundred and twenty feet
to an alley, bounded Westwardly by Ninth street, South wardly and West wardly by an
abley, and Northwardly, by a line parallel to, and fifty five feet and three and a half inches
South of Rutger street. Block number eight hundred and eighty two fronting on the
West side of main street two hundred and fifty feet, and South side of Lafayette street
three hundred and fifty feet, more or less, and bounded on the East by Main street, North
by Lafayette street, West by Kosciusko street and South by Lesperance street: Sold by
virtue of two executions one of which issued from the office of the Clerk of the St Louis
Court of Common Pleas and the other from the office of the Clerk of the Supreme Court of
the state of Missouri both in favor of
of a deed by him as such Sheriff in favor of
for all the right, title, interest, claim, estate and property of
to the following described real estate, to wit: Leasehold estate in the City of St Louis, being
the rear of two certain lots of ground situated on the North West corner of Seventh and
Spruce streets fronting about eighty feet on Seventh street and about one hundred and
twenty seven and a half feet on Spruce street, the portion of the above described property
in which
fronting about thirty nine feet on Spruce street by a depth of Eighty feet; and three
story brick tavern situated thereon: Sold under and by virtue of an Execution issued
from the Office of the Clerk of the St Louis Court of Common Pleas in favor of
to the
the execution of a deed by him as such Sheriff in favor of
block No 710, of the City of St Louis, 150 feet front on Jackson street by 140 feet deep,
being lots No 1 to 5, included in Block no 41, E, of
of St Louis, bounded on the South by Lafayette Avenue, on the North by lot No 6, of said
block 41, E, on the East by Jackson street, and on the West by an alley, 2d. Also a
lot 30 feet front on Buel street by 114 feet in depth being lot No 8 in block No 114 of sou
lards third addition to the City of
St Louis. 3d. Also a lot in block No 717 of the City of St Louis, 20 feet front of Jackson street by 140 feet in depth, being lot no 5 in block no 54
of Soulards first addition to the City of St Louis, bounded West by Jackson, East by
alley, North by lot No 6, South by lot No 4. 4th. Also a lot in block 706 of the City
of St Louis, having a front on Columbus street of 30 feet front by a depth of 140 feet being
lot No 7 in block 34 of Soulards first addition to the City of St Louis, bounded North
by lot No 8, South lot No 6, West by Columbus street and East by alley. 5th. Also a
lot in block 693 of the City of St Louis having a front of fifty feet on Columbus street
by a depth of 140 feet being lot No 8 of block No 12 of Soulards first addition to the City
of St Louis, bounded East by Columbus street, South by lot 7, West by alley; Sold un
der and by virtue of eleven executing four of which issued from the office of the Clerk of
the St Louis Court of Common Pecos, returnable to the
one in favor of
and
Moody
in favor of the
Diffenbach
returnable to the
Reinstadtler
Institution
D Daggett
one in favor of
Street
execution of a deed by him as Such Sheriff in favor of
H Evans
Mason
dred and eighty one fronting on the West side of Main street two hundred and fifty
feet and on Soulard street three hundred and fifty feet more or less, and bounded
on the East by Main street, North by Soulard street, West by Kosciusko street and
South by Lafayette. Block eight hundred and eighty fronting on the West side of Main
Street two hundred and fifty feet, and on Carroll three hundred and fifty feet more
or less, and bounded on the East by, Main street, and on the North by Carroll street
and on the West by Kosciusko street and on the South by Soulard street. Block
number eight hundred and seventy six fronting on the West side of main street two
hundred and fifty feet, and on Marion street three hundred and fifty feet more or less
and bounded on the East by Main street, North by Marion street, West by Koscius
ko street and on the South by Carroll street. Block number eight hundred and seventy.
five fronting on the West said of Main Street two hundred and fifty feet more or less,
and bounded on the East by Main street, North by Barry street, West by Kosciusko
street South by Marion street. Block number eight hundred and seventy four fronting
on the West side of Main street two hundred and fifty feet, and on Miller street
three hundred and fifty feet more or less; and bounded on the East by Main street,
North by Miller street, West by Kosciusko street and on the South by Barry street.
Block number eight hundred and seventy three fronting on the West side of Main street
two hundred and fifty feet, and on Park avenue two hundred and fifty feet more or less;
and bounded on the East by Main Street, North by Park avenue, West by Koscius
ko street and Public School lands, and on the South by Miller street. Lots two and
three in block number one in Park addition to the City of St Louis, bounded East
by Seventh street, North by lot four, West by alley and South by lot one; with the
buildings and improvements thereon: Sold by virtue of two executions, one issued from
the office of the Clerk of St Louis Court of Common Pleas, and the other issued from
the office of the Clerk of the Supreme Court of the State of Missouri, both return
able to the
of a deed by him as such Sheriff in favor of
for all the right, title, interest, claim, estate, and property of
the following described real estate, to wit; a certain lot of ground, with all the improvements
thereon, situated in the County of St Louis, City of St Louis and State of Missouri and
in block no eighty nine (89) of said City containing a front and rear of twenty five feet
more or less, by one hundred and fifty feet deep, more or less, extending from Fourth street
Eastwardly to an alley in said block and bounded West by fourth street, East by said
alley, South by a line parallel to Locust street, and about seventy seven feet North ward
thereof, the same being the Northern line of the lot belonging to
by a line parallel to said Locust street and about one hundred and two feet North ward
thereof, the same being the Southern line of the lot conveyed by
Turner
of the St Louis Circuit Court, returnable to the
the office of the Clerk of the St Louis Court of Common Pleas returnable to the
1859
both against
Long
of
all against
gan
one in favor of
tion of a deed by him as such sheriff in favor of
for all the right, title, interest, claim, estate, and property of
the following described real estate, to wit; Lots no 7, 8, 9, 10, 11 and 12 in block No 2 of
four inches on Third street, by a depth Westwardly of 122 feet six inches and being bounded
on the North by Bryan street, on the West by an alley, on the South by property of chambers
and on the East by said Third street, being the same lots acquired by said
hold estate, to wit; Lot No 1 in block No 68 in
to the City of St Louis, said lot having a front of 30 feet on the West side of Carondelet
Avenue, and running Westwardly with same width 140 feet to a twenty foot alley.
Also the Western part of lot No 2 in said block, which Western part contains a front
of thirty feet on the East side of said twenty foot alley, and extends Eastward by from
said alley with the same width 63 feet, being the same acquired by said Reinhardt of
3 in said block No 68 in said
being 30 feet front on the Western side of Carondelet avenue and running in depth
Westwardly one hundred and forty feet to said twenty foot alley, acquired by said
143 together with the buildings and improvements on side leasehold premises; and all
the night, title, interest, claim estate and property of the said
to the above described real estate and leasehold estate, and of in and to the terms of years
of said
an alias execution issued from the office of the Clerk of the St Louis Land Court in
for of
of said Court.
Demurrer filed.
Answer filed
On motion of the defendant, by his attorney, the time for answering herein
is extended ten days.
On motion the time for answering herein is extended ten days.
Dismissal.
By consent of parties it is ordered by the Court that this cause
be dismissed at the costs of the defendant and that execution
issue therefore.
Dismissal.
By consent of parties it is ordered by the Court that this cause
be dismissed at the costs of the defendants and that execution issue therefore.
Bill of Exceptions filed.
Bill of Exceptions filed.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that this cause be dismissed at the costs of said plaintiff and that
execution issue therefore.
The said garnishee files an answer to the first, second,
and third interrogatories and also a motion to strike
fourth, fifth and sixth interrogatories.
Answer filed.
Answer filed
On motion the time for answering herein is extended
eight days.
Demurrer filed.
Demurrer filed.
The said garnishees file an answer to the in
terrogatories herein.
The said garnishee files an answer herein.
The said garnishee files an answer herein.
On motion the time for answering herein is extended six days.
The time for answering herein is extended six days.
The time for answering herein is extended six days.
The time for answering herein is extended six days.
Two weeks time is given to answer herein. Motion for security
for costs filed.
Two weeks time is given to answer herein. Motion for security
for costs filed.
By leave of Court the defendants file a plea in abatement
herein.
Answer of
The plaintiff files interrogatories herein against the said garnishee.
The plaintiffs having failed to file interrogatories against
it is, on motion of their attorney ordered that they be dis
charged hence as such. Service of summons as garnishee on Summers filed.
Motion for security for costs filed.
Proof of Publication.
Now comes the plaintiff and files proof satisfactory to
the Court that the order of publication made herein has
been duly published according to law.
The said garnishee files an answer herein.
On motion, the time for answering herein is extended two
weeks.
On motion of the defendants, by their attorney
until the twenty second instant is given to answer.
On motion of the defendants, by their attorney, until the
twenty second instant is given to answer herein.
On motion of the defendants, by their attorney until
the twenty second instant is given to answer herein
On motion of the defendants, by their attorney, until the
twenty second instant is given to answer herein.
On motion of the defendants, by their attorney, until
the twenty second instant is given to answer herein.
On motion of the defendants, by their attorney, until the twenty
second instant is given to answer herein.
On motion of the defendants by their attorney, until the
twenty second instant is given to answer herein.
On motion of the defendants, by their attorney, until
the twenty second is given to answer herein.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Motion for security for costs filed.
Motion for security for costs filed.
The plaintiffs having failed to file interrogatories against
the said garnishee it is on his motion by his attorney, it is
ordered that he be discharged hence at the costs of said
plaintiff, and that execution issue therefore. Five dollars
allowed garnishee for appearing herein.
Leave is given the Sheriff to amend the execution issued
herein being no 201 returnable to the
of this Court, which amendment is made at the foot of
the first return on said execution.
On note.
Now come the plaintiffs, by their attorney, but the defendant,
although duly summoned and called, comes not but makes de
fault, wherefore on motion of plaintiffs, it is ordered by the Court
that the petition herein be taken against him as confessed: and
the Court finds from the instrument in writing on which this action
is founded that the defendant is indebted to the plaintiffs in the sum of two hundred and
sixty eight dollars and fifty five cents. It is therefore considered by the Court that the plain
tiffs recover of the defendant the sum aforesaid inform aforesaid as found together with
interest thereon at the rate of ten per cent per annum from this date until paid and their
costs herein expended and have thereof execution.
Answer filed.
Answer filed.
On motion of the defendants,
tenden
to answer herein.
The defendant,
Motion to strike out third amended petition.
Supplemental answer of
Answer filed.
Answer filed.
On Draft.
Now come the plaintiffs, by their attorney, but the defendant
although duly summoned and called comes not but makes
default, wherefore on motion of the plaintiffs, it is ordered by
the Court that the petition herein be taken against it as con
fessed; and the Court finds from the instrument in writing
on which this action is founded that the defendant is indebted to the plaintiffs in the sum
of seven hundred and sixteen dollars and forty two cents. It is therefore considered by
the Court that the plaintiffs recover of the defendant the sum aforesaid as found and
their costs herein expended and have execution therefore.
On note.
Now comes the plaintiffs, by his attorney, but the defendant although
duly summoned and called comes not but makes default, wherefore
on motion of the plaintiffs, by his attorney it is ordered by the Court
that the petition herein be taken against him as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defendant is indebted to
the plaintiffs in the sum of fifteen hundred and ninety seven dollars and fifty cents. It is
therefore considered by the Court that the plaintiffs recover of the defendant the sum afore
said inform aforesaid as found together with interest thereon at the rate of ten per cent per
annum form this date until paid and his costs herein expended and have execution therefore.
On note.
Now comes the plaintiffs, by his attorney, but the defendant al
though duly summoned and called comes not but makes default,
wherefore on motion of the plaintiffs, it is ordered by the Court
that the petition herein be taken against him as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defendant is indebted to
the plaintiffs in the sum of three hundred and forty three dollars and eighty cents. It is
therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid
inform aforesaid as found together with interest thereon at the rate of ten per cent per annum
form this date until paid and his costs herein expended and have execution therefore.
On note.
Now come the plaintiffs, by their attorney, but the defendant al
though duly summoned and called comes not but makes default,
wherefore on motion of the plaintiffs, by their attorney, it is ordered
by the Court that the petition herein be taken against him as
confessed; and the Court finds from the instrument in writing on which this action is
founded that the defendant is indebted to the plaintiffs in the sum of two hundred
and twenty dollars and forty cents. It is therefore considered by the Court that the plain
tiffs recover of the defendant the sum aforesaid in form aforesaid as found their costs herein
expended and have execution therefore.
Dismissal.
On motion of the plaintiff, by his attorney, it is
ordered by the Court that this cause be dismissed at the costs
of said plaintiff and that execution issue therefore. The plaintiff
by leave of Court withdraws the note sued on.
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as
to the defendant,
although duly summoned and called, comes not but makes de
fault, wherefore, on motion of the said plaintiff, it is ordered by the
Court that the petition herein be taken against him as confessed; and the Court finds
from the instrument in writing on which this action is founded that the defendant is in
debted to the plaintiff in the sum of three hundred and fifteen dollars. It is therefore con
sidered by the Court that the plaintiff recover of the defendant the sum aforesaid in form
aforesaid as found together with interest thereon at the rate of ten per cent per annum from
this date until paid, and his costs herein expended and have therefore execution.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
The defendant files an answer and setoff.
The defendant files a motion for security for costs and also an
answer herein.
Petition for Injunction.
Now come the parties, by their counselors learned
in the law, on both sides, and submit the application
for an injunction herein restraining the defendants
from making any changes or alterations in the buil
ding and from committing any waste or trespass in the premises in the petition described,
to the Court, and the Court having duly heard and considered the same, and the
arguments of counsel aforesaid learned in the law, doth overrule the said application.
The plaintiff having failed to file interrogatories
against the said garnishee
of
discharged hence at the costs of said plaintiff and
that execution issue therefore. Five dollars allowed said
garnishee for appearing herein.
The plaintiff having failed to file interrogatories
against the said garnishee,
tion of
he be discharged hence as such at the costs said
plaintiff and that execution issue therefore. Five dollars allowed said garnishee.
The plaintiffs having failed to file interrogatories against the
garnishees
of
hence at the costs of said plaintiffs and that execution issue
therefore. Five dollars allowed each garnishee above named.
Murder in the first degree.
Now come again as well the parties as aforesaid as also the
Jurors aforesaid, and thereupon the trial of this cause progressed
but the same not being finished at the hour of adjournment further
proceedings herein are deferred until the meeting of the Court on Monday Morning.
Court met pursuant to adjournment. Present as before.
Depositions for plaintiff opened and filed.
Motion to strike our answer filed.
Default.
Now comes the plaintiff, by her attorney, but the defendant, al
though duly summoned and called, comes not but makes de
fault, wherefore on motion of the said plaintiff it is ordered
by the Court that the petition herein be taken against him as confessed.
On motion of the defendant, by his attorney, one month time
is given him to answer or plead herein.
On Bill of Exchange.
Now come the plaintiffs, by their attorney, but
the defendants, although duly summoned and
called, come not but makes default, wherefore
on motion of the plaintiffs, it is ordered by the
Court that the petition herein be taken against
them as confessed; and the Court finds from the instrument him writing on which
this action is founded that the defendants are indebted to the plaintiffs in the sum of three
hundred and thirty three dollars and twenty four cents. It is therefore considered by the
Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid
as found and their costs herein expended and have execution therefore.
On motion of the defendant by his attorney, until the
March
On note.
Now come the plaintiffs, by their attorney, but the defendants,
F Blattan
makes default, wherefore on motion of said plaintiffs, it is ordered
by the Court that the petition herein be taken against him as
confessed; and the Court finds from the instrument in writing on
which this action is founded that the defendants are indebted to the plaintiffs in the sum
of fifteen hundred and ninety one dollars and twenty cents. It is therefore considered
by the Court that the plaintiffs recover of the defendants the sum aforesaid in form afore
said as found and his costs herein expended and have execution therefore.
On notes.
Now comes the plaintiff, by his attorney, and waiving damages on
the notes herein, moves the Court for judgment on the defendants
answer, and the Court finding from the said answer and from said
the instruments in writing on which this action is founded that the defendant is indebted
to the plaintiff in the sum of Eighteen hundred and thirty one
dollars and thirty one cents, doth sustain said motion. It is therefore considered by the Court that the plaintiffs
recover of the defendants the sum aforesaid in form aforesaid as found together with interest
on the Sum of four hundred and seventy two dollars and fifty cents, at the rate of ten per
cent per annum and also his costs herein expended and have execution therefore.
On note.
Now comes the plaintiff, by his attorney, and dismissed suite
as to the defendant,
Tracy
makes default, wherefore on motion of the plaintiffs, it is ordered by
the Court that the petition herein be taken against him as confessed; and the Court finds
from the instrument in writing on which this action is founded that the defendants is in
debted to the plaintiffs in the sum of three hundred and forty six dollars and eleven cents. It is
therefore considered by the Court that the plaintiffs recover of the defendants the sum afore
said in form aforesaid as found and his costs herein expended and have execution therefore.
On notes.
Now come the plaintiffs, by their attorney, but
the defendant, although duly summoned and called
comes not bur makes default, wherefore, on motion
of the plaintiffs, it is ordered by the Court that
the petition herein be taken against the said defendant as confessed; and the Court finds
from the instruments in writing on which this action is founded that the defendant is indebted
to the plaintiffs the sum of six hundred and eighty eight dollars and sixty eight cents.
It is therefore considered by the Court that the plaintiffs recover of the defendant the sum
aforesaid in form aforesaid as found and their as found and their costs herein expended and have execution
therefore.
Default.
Now come the plaintiffs, by their attorney, but the defendants,
although duly warned and called, come not but make default,
wherefore, on motion of the said plaintiffs, it is order by
the Court that the petition herein be taken against them as confessed.
On notes.
Now comes the plaintiff, by its attorney, but the defendants, al
though duly summoned and called, come not but make default
wherefore, on motion of the plaintiff, it is ordered by the Court
that the petition herein be taken against them as confessed; and
the Court finds from the instruments in writing on which this
action is founded that the defendants are indebted to the plaintiff in the sum of Six
hundred and eight dollars and twenty one cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found
and its costs herein expended and have there of execution.
On note.
Now comes the plaintiff, by its attorney, but the defendants, although
duly summoned and called, come not but make default wherefore,
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against him as confessed; and the Court finds from the instruments in writing
on which this action is founded that the defendants are indebted to the plaintiff in the sum of
two hundred and eighty seven dollars and fifteen cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and
its costs herein expended and have there of execution therefore.
On note.
Now comes the plaintiff, by its attorney, but the defendants, although
duly summoned and called, come not but make default wherefore,
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed; and the Court finds from the
instruments in writing on which this action is founded that the defendants are indebted to the
plaintiff in the sum of five hundred and twenty five dollars and fifty cents. It is therefore
considered by the Court that the plaintiff recover of the defendants the sum aforesaid in
form aforesaid as found and his costs herein expended and have there of execution therefor.
Interrogatories filed by leave
Default.
Now comes the plaintiff, by here attorney, but the defendant, although
duly summoned and called come not, but make default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against him as confessed.
Default.
Now comes the plaintiff, by his attorneys, but the defendant,
not but makes default, wherefore, on motion of the plaintiff,
it is ordered by the Court that there petition herein be taken against
him as confessed.
On motion of the defendant by attorney, two days additional
time is given to answer herein.
On note Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed: and the Court finds from
the instrument in writing on which this action is founded that the defendants are indebted
to the plaintiff in the sum of thirteen hundred and eighty two dollars and thirty nine cents.
It is therefore considered by the Court that the plaintiff recover of the defendants the sum
aforesaid in form aforesaid as formed and his costs herein expended and have execution therefor.
The defendant files an answer and two exhibits herein.
Answer filed.
Answer filed.
On motion of the defendant, by attorney, the time for pleading
herein is extended ten days.
The defendants,
leave of Court file an answer herein.
Dismissal.
By consent of parties, it is ordered by the Court that this suit be
dismissed at the costs of the defendants and that execution issue therefor.
By like consent the defendants withdraw the note sued on.
Default.
Now come the plaintiffs, by their attorney, but the defendant although duly
summoned and called, comes not but makes default, wherefore, on mo
tion of the plaintiffs, by attorney, it is ordered by the Court that this
suit be taken against him as confessed.
Ordered that an alias summons issue herein.
Proof of Publication. Default.
Now comes the plaintiff, by attorney, and files proof satisfactory to the
Court that the order of publication made herein has been duly published
according to law; but the defendant although duly notified and called
comes not but makes default, wherefore on motion of the plaintiff by his attorney it is ordered
by the Court that the petition herein be taken against her as confessed.
Default.
Now come the plaintiffs, by their attorney, but the defendant although
duly summoned and called, comes not but make default, wherefore,
on motion of the plaintiffs, by attorney, it is ordered by the Court that the
petition herein be taken against them as confessed.
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the defendants,
cannot be summoned in this action, therefore, on motion of the
plaintiffs, by their attorney, it is ordered by the Court that the said
defendants be notified that a civil action has been commenced
against them for the sum of two hundred and fifty four dollars
and sixty six cents for tea sold by the plaintiffs to them, and that their property has been
attached and unless they be and appear at the next term of this Court to be begun and
held at the City of St Louis, written and for the County of St Louis on the last Monday
of September next and on or before the third day thereof answer the petition herein judg
ment will be rendered against them and their property sold to satisfy the same. It is
further ordered that a copy of this order be published according to law in the Missouri
Democrat, a newspaper printed and published in the City of St Louis.
Default.
Now come the plaintiffs, by their attorney, but
the defendant although duly summoned and called, comes not but
makes default, wherefore, on motion of the plaintiffs, it is ordered by
the Court that the petition be taken against him as confessed.
Demurrer filed.
Depositions for plaintiffs opened and filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed by
Depositions for defendants opened and filed.
Depositions for plaintiff opened and filed.
On note.
Now comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called, come not but make
default wherefore, on motion of the plaintiff, it is ordered by the
Court that the petition herein be taken against them as confessed;
and the Court finds from the instrument in writing on which this
action is founded that the defendants are indebted to the plaintiff in the sum of eight hundred
and four dollars and six cents. It is therefore considered by the Court that the plaintiff
recover of the defendants the sum aforesaid in form aforesaid as found together with interest
thereon at the rate of ten per cent per annum from this date until paid and his costs
herein expended and have thereof execution.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default wherefore,
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed; And the Court finds
from the instrument in writing on which this action is founded that the defendants are in
debted to the plaintiff in the sum of eight hundred and forty four dollars and seventy seven
cents. It is therefore considered by the Court that the plaintiff recover of the defendants the
sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefore.
Answer filed.
Answer filed.
On note.
Now come the plaintiffs, by their attorney, but the defendant
although duly summoned and called, comes not but makes
default, wherefore, on motion of the plaintiffs, it is ordered by
the Court that the petition herein be taken against him as con
fessed; and the Court finds from the instrument in writing on which this action is founded that
the defendant is indebted to the plaintiffs in the sum of nine hundred and six dollars and
seventy eight cents. It is therefore considered by the Court the plaintiffs recover of the
defendant the sum aforesaid in form aforesaid as found together interest thereon at the
rate of ten per cent per annum form this date and their costs herein expended and have
execution therefor.
Now at this day comes the said garnishee and
files an answer herein.
Now at this day comes the said garnishee and
files an answer herein.
Murder in the first degree.
Now again come as well the parties as aforesaid as
also the Jurors aforesaid and thereupon the trial of the cause
progressed but the same not being concluded at the hour of
adjournment, it is ordered by the Court that further proceedings herein be deferred until
the meeting of the Court to morrow morning.
Court met pursuant to adjournment. Present and before.
Order of Publication.
Now comes the plaintiff and files a petition and affidavit from which
it appears that the defendant is a non resident of the State of Missouri
and cannot be served with process therefore on motion of the said plain
tiff, by her attorney, it is ordered by the Court that the said defendant be notified that a civil
action has been commenced against him in this Court to obtain a decree of divorce on the
ground of desertion, and that unless he be and appear at the next term of this Court to be begun
and held at the City of St Louis within and for the County of St Louis, on the last Monday
of September next and on or before the sixth day thereof answer the plaintiffs petition, according
to law, the same will be taken against him as confessed. It is further ordered that a
copy hereof be published according to law, in the Missouri Democrat, a newspaper printed
and published in the City of St Louis.
Default.
Now comes the plaintiff, by her attorney, but the defendant,
although duly summoned and called, comes not but
makes default, wherefore, on motion of the plaintiff,
it is ordered by the Court that the petition herein be taken against herein as confessed.
On notes.
Now come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiffs, it is ordered by the Court that the
petition herein be taken against him as confessed; and the Court
finds from the instruments in writing on which this action is founded
that the defendant is indebted to the plaintiffs in the sum of seven hundred and ninety
four dollars and thirty six cents. It is therefore considered by the Court that the plaintiffs
recover of the defendant the sum aforesaid in form aforesaid as found and their costs herein
expended and have execution therefor.
Order of Sale.
On application of
this day, it is ordered by the Court that he proceed to
all the property remaining undispoad of assigned to
him, at public auction in the manner such sales are ordinarily conducted.
The said garnishee,
herein. Six days is given the garnishees,
and
herein.
The plaintiff files a Bond for Costs herein, with
Motion to suppress depositions filed.
The defendants file answer herein.
On note.
Now come the plaintiff, by its attorney, and
the Court finds from the instrument in writing
on which this action is founded that the defen
dants are indebted to the plaintiff in the sum
of four hundred and twenty seven dollars and eighteen cents. It is therefore considered by
the Court that their plaintiff recover of the defendants the sum aforesaid as found and its
costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiffs, it is ordered by the Court that the petition
herein be taken against him as confessed; and the Court finds
from the instruments in writing on which this action is founded that
the defendant is indebted to the plaintiffs in the sum of two hun
dred and eighty three dollars and thirty four cents. It is therefore considered by the Court
that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found
and their costs herein expended and have thereof execution.
Default.
Now come the plaintiffs, by their attorney, but the defendant, also
although duly summoned and called, comes not but makes default,
wherefore on motion of the plaintiffs, it is ordered by the Court that
the petition herein be taken against him as confessed.
On notes.
Now come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiffs, it is ordered by the Court that the petition
herein be taken against him as confessed; and the Court finds from
the instruments in writing on which this action is founded that the
defendant is indebted to the plaintiffs in the sum of six hundred and eleven dollars and
fifty nine cents. It is therefore considered by the Court that the plaintiffs recover of the
defendant the sum aforesaid in form aforesaid as found and their costs herein expended
and have execution therefor.
The plaintiff files a motion to strike out the answer herein.
On note.
Now come the plaintiffs, by their attorney, but the defendant,
although duly summoned and called, comes not but makes
default, wherefore on motion of the plaintiffs, it is ordered by
the Court that the petition herein be taken against him as co
nfessed; and the Court finds from the instruments in writing on
which this action is founded that the defendant is indebted
to the plaintiffs in the sum of four hundred dollars and twenty cents. It is therefore con
sidered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form
aforesaid as found and his costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, in person, the defendant,
Gage
makes default, wherefore on motion of the plaintiffs, it is
ordered by the Court that the petition herein be taken against
the said defendant as confessed; and the Court finds from
the instruments in writing on which this action is founded that the defendant as indebted to
the plaintiffs in the sum of two hundred and seventy six dollars and thirteen cents. It is therefore
considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid
as found and his costs herein expended and have execution therefor.
Default.
Now come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiffs, it is ordered by the Court that the petition
herein be taken against them as confessed.
On note.
Now come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiffs, it is ordered by the Court that the petition
herein be taken against him as confessed; and the Court finds from
the instruments in writing on which this action is founded that the
defendant are indebted to the plaintiffs in the sum of twenty eight hundred and eighty four
dollars. It is therefore considered by the Court that the plaintiffs recover of the defendant the
sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
Proof of Publication.
Now comes the plaintiff, by her attorney, and files proof satisfactory to the
Court that the order of publication made herein has been duly published
according to law.
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore on motion
of the plaintiffs, by his attorney it is ordered by the Court that the peti
tion herein be taken against them as confessed.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore,
on motion of the plaintiff it is ordered by the Court that the petition
herein be taken against them as confessed; and the Court finds from
the instrument in writing on which this action is founded that the defendants are indebted to
the plaintiff in the sum of five hundred and twenty eight dollars and seventy five cents, It is
therefore considered by the court that the plaintiff recover of the defendants the sum aforesaid
in form aforesaid as found and its costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by its attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
on motion of the plaintiff, it is ordered by the court that the petition
herein be taken against them as confessed; and the court finds
from the instrument in writing on which this action is founded that the defendants are indebted
to the plaintiff in the sum of One thousand and seven dollars. It is therefore considered
by the Court that the Plaintiff recover of the defendants the sum aforesaid inform aforesaid as
found together with interest thereon at the rate of ten per cent per annum and its costs herein
expended and have execution therefor.
The said garnishee files an answer herein.
Agreement filed and cause continued by consent.
The said garnishee files an answer herein.
On Note.
Now comes the plaintiff, by its attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore,
on motion of the plaintiff, it is ordered by the court that the petition
herein be taken against them as confessed; and the court finds from
the instrument in writing on which this action is founded that the defendants are indebted to the
plaintiff in the sum of three hundred and twenty nine dollars and fifty cents. It is therefore
considered by the court that the plaintiff recover of the defendants the sum aforesaid in form
aforesaid as found and its costs herein expended and have thereof execution.
Default.
Now comes the plaintiff, by his attorney, but the defendant, although
duly warned and called, comes not but makes default, wherefore,
on of the plaintiff it is ordered by the Court that the complaint
herein be taken against the said defendant as confessed.
On note.
Now comes the plaintiffs, by their attorney, but the defendant, although
duly summoned and called come not but make default, wherefore
on motion of the plaintiffs it is ordered by the Court that the peti
tion herein be taken against him as confessed; and the Court finds
from the instrument in writing on which this action is founded that the defendant is
indebted to the plaintiffs in the sum of three hundred and fifty eight dollars and eighty seven
cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the
sum aforesaid inform aforesaid as found and their costs herein expended and have execution
therefor.
Default.
Now comes the plaintiff, by his attorney, but the defendant, although
duly warned and called, comes not but makes default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against the said defendant as confessed.
Default.
Now comes the plaintiff, by his attorney, but the defendant, although
duly warned and called, comes not but makes default, wherefore
on motion of the plaintiff, it is ordered by the Court that the com
plaint herein be taken against the said defendant as confessed.
On note.
Now comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called come not but make
default, wherefore, on motion of the plaintiff, it is ordered by
the Court that the petition herein be taken against them as
confessed; and the Court finds from the instrument in writing on which this action is
founded that the defendants are indebted to the plaintiff in the sum of five hundred
and twenty eight dollars. It is therefore considered by the Court that the plaintiff recover
of the defendants the sum aforesaid in form aforesaid as found together with interest
therein at the rate of ten percent per annum, and his costs herein expended and have
execution therefor.
Ordered that an alias summons issue herein for both
defendants.
Ordered that an alias summons issue herein.
Default.
Now come the plaintiffs, by their attorney, but the defendants,
although duly summoned and called come not but make
default, wherefore on motion the plaintiffs, it is ordered by the
Court that the petition herein be taken against them as
confessed.
Default.
Now comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called, come not but make
default, wherefore, on motion of the plaintiff, it is ordered by
the Court that the petition herein be taken against them as confessed.
Motion for an Execution filed.
Proof of Publication. Default.
Now comes the plaintiff, by his attorney, and files
proof satisfactory to the Court that the order of publica
tion made herein has been duly published according to
law, but the defendants,
Elifritz
wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken
against them as confessed. Ordered that a dedimus issue to Illinois for the plaintiff.
Petition on Judgment.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
on motion of the plaintiff the Court doth order that the petition herein
be taken against them as confessed: and the plaintiff waiving a Jury
submit this cause the Court upon the petition and exhibit herein, and the Court doth find
there from that the defendants are indebted to the plaintiff in the sum of three thousand
five hundred and forty eight dollars and ninety nine cents. It is therefore considered by the
Court that the plaintiff recover of the defendants the sum aforesaid inform aforesaid as found together
with interest therein at the rate of ten per cent per annum from this date and his costs herein
expended and have execution therefor.
Satisfaction.
Now come the plaintiffs, by their attorney, and ack
nowledge to have received full and entire satisfaction
the judgment rendered in this cause on the
day of April, eighteen hundred and fifty eight
two thousand six hundred and eighty one dollars and eighty cents.
Motion to strike out plea in abatement filed.
Motion to strike out plea in abatement filed.
Answer filed.
Reply filed.
On notes.
Now comes the plaintiff, in person, but the defendants, although
duly summoned and called, come not but make default, where
fore on motion of the plaintiff, it is ordered by the Court that the
petition herein be taken against them as confessed; and the Court
finds from the instruments in writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of sixteen hundred and twenty
eight dollars and sixteen cents. It is therefore considered by the Court that the plaintiff recover
of the defendants the sum aforesaid inform aforesaid as found and his costs herein expended
and have execution therefor.
Murder in the first degree.
Now come again as well the parties as aforesaid as also the Jurors
aforesaid and thereupon the trial of the cause progressed but the
same not being concluded at the hour of adjournment further procee
dings herein are deferred until the meeting of the Court tomorrow morning.
Court met pursuant to adjournment. Present as before.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiff it is ordered by the Court that the petition
herein be taken against him as confessed: and the Court finds from the instrument in writing on
which this action is founded that the defendant is indebted to the plaintiff in the sum of two
hundred and fourteen dollars and twenty five cents. It is therefore considered by the Court that
the plaintiff recover of the defendant the sum aforesaid inform aforesaid as found and his
costs herein expended and have execution therefor.
Default.
Now come the plaintiffs, by their attorney, but the defendants although
duly summoned and called, come not but make default, wherefore,
on motion of the plaintiffs, it ordered by the Court that the peti
tion herein be taken as confessed.
Default.
Now come the plaintiffs, by their attorney, but the defendants although
duly summoned and called, comes not but make default, wherefore,
on motion of the plaintiffs, it ordered by the Court that the petition
herein be taken as confessed.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the
Court that this cause be dismissed at the costs of said plaintiff and
that execution issue therefor.
Default.
Now come the plaintiffs, by their attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore on mo
tion of the plaintiffs, it is ordered by the Court that the petition herein be
taken against them as confessed.
Default.
Now come the plaintiffs, by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
on motion of the plaintiffs, it is ordered by the Court that the petition
herein be taken against them as confessed.
Proof of Publication. Default.
Now come the plaintiff, by his attorney, and files proof that the order of
publication made herein has been duly published, according to law, but the
defendant, although duly notified and called comes not but makes de
fault, wherefore, on motion of the plaintiff it is ordered by the Court that the petition herein be
taken against the said defendant as confessed.
Default.
Now come the plaintiffs, by his attorney, but the defendants,
although duly summoned and called, come not but make
default, wherefore on motion of the plaintiffs, it is ordered by the
Court that the petition herein be taken against them as confessed.
Answer filed.
Answer filed.
On note.
Now come the plaintiffs, by their attorney, but the defendant,
although duly summoned and called, comes not but makes
default, wherefore, on motion of the plaintiffs, it is ordered by the
Court that the petition herein be taken against herein as confessed:
and the Court finds from the instrument in writing on which this
action is founded that the defendant is indebted to the plaintiffs
in the sum of four hundred and sixty dollars. It is therefore considered by the Court
that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and
their costs herein expended and have execution therefor.
Proof of Publication.
Now come the plaintiffs, by their attorney, and files proof
satisfactory to the Court that the order of publication
made herein has been duly published according to law.
Now come the defendants, by their attorney, and withdraw their
motion to strike out the plaintiffs amended petition and by
leave of Court file an answer to said amended petition.
Ordered that an alias Summons issue herein to the Sheriff
of Cooper County for the defendant
On note.
Now comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called, come not but make default,
wherefore on motion of the plaintiff, it is ordered by the Court that
the petition herein be taken against them as confessed; and the
Court finds from the instrument in writing on which this action
is founded that the defendants are indebted to the plaintiff in the sum of eight hundred
and forty one dollars and seventy cents. It is therefore considered by the Court that the plaintiff
recover of the defendants the sum aforesaid inform aforesaid as found and his costs herein
expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called, come not but make
default, wherefore on motion of the plaintiff, it is ordered by the
Court that the petition herein be taken against them as confessed;
and the Court finds from the instrument in writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of sixteen hundred and twelve dollars
and fifty cents. It is therefore considered by the Court that the plaintiff recover of the
defendants the sum aforesaid in form aforesaid as found and his costs herein
expended and have execution therefor.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Moto set aside judgment by default filed.
Motion for security for costs filed.
Satisfaction.
nowledge to have received full and entire satisfaction of
the judgment rendered herein on the fourth day of the present month.
The defendants,
file an answer herein.
Demurrer to set off filed.
On Indictment for Murder in the first degree.
Now come again as well the parties as aforesaid as also the Jurors
aforesaid, who having heard all the evidence in the cause and
the argument of counsel upon their oath aforesaid say they find
the said defendant guilty of murder in the first degree as charged in the indictment.
Petition for Freedom.
Now come the parties, by their respective attorneys, and thereupon come
Evers
sworn the issues herein joined well and truly to try, but the panel of the Jury being incomplete,
further proceedings herein are deferred until tomorrow morning.
Court met pursuant to adjournment. Present as before.
as a member of this Bar.
On note.
Now come the plaintiff, by his attorney, but the defendants, al
though duly summoned and called, come not but make default,
wherefore, on motion of the plaintiff, it is ordered by the Court that
the petition herein be taken against them as confessed; and the Court
finds from the instrument in writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of two hundred and forty two dollars and ninety cents. It
is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid
in form aforesaid as found and his costs herein expended and have execution therefor.
Dismissal.
By consent of parties it is ordered by the Court that this cause
be dismissed at the costs of said plaintiff and that execution issue
therefor.
Default.
Now come the plaintiffs, by their attorney but the defendant
although duly summoned and called, comes not but
makes default, wherefore on motion of the plaintiffs, it is
ordered by the Court that the petition herein be taken
against the said defendant as confessed.
Murder in the first degree.
Motion for a new trial filed by defendant.
On notes and account.
Now come the plaintiffs, by their attorney and the plaintiffs waiving
a Jury submit this cause to the Court upon the petition exhibits and
proofs, and the Court having duly heard and considered the same,
doth find therefrom that the defendants are indebted to the plain
tiffs in the sum of seven hundred and three dollars and sixty
two cents. It is therefore considered by the Court that the plaintiffs recover of the defendants
the sum aforesaid inform aforesaid as found and their costs herein expended and have
execution therefor.
The plaintiff having failed to file interrogatories against
on motion of said garnishees that the be discharged hence.
Continued by consent.
Continued by consent.
The said garnishee files an answer herein.
The said garnishee files an answer herein.
open Court, of a deed of emancipation to his slave
aged about forty five years, of black color.
Now come the said garnishees and file separate answers
herein.
Default.
Now comes the plaintiff, by his attorney, but the
defendant although duly summoned and called
comes not but makes default wherefore on mo
tion of the plaintiff, it is ordered by the Court that
the petition herein be taken against her as confessed.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called come not but make default, wherefore
on motion of the plaintiff, it is ordered by the Court that the
petition herein be taken against them as confessed: and the Court
finds from the instrument in writing on which this action is founded that the defendants
are indebted to the plaintiff in the sum of two hundred and sixty seven dollars and eighty
cents.
It is therefore considered by the Court that the plaintiff recover of the defendants
the sum aforesaid in form aforesaid as found and his costs herein expended and have
execution therefor.
Motion for judgment on bond filed.
By consent of parties until the twentieth day of the present month
is given the defendant to file a bill of Exceptions herein.
Answer filed.
Petition for Freedom.
Now again come the parties, by their attorneys, and also the ten Jurors
empanelled and sworn herein, and thereupon come
Leduc
duly elected tried and sworn the issue herein joined well and truly to try, and the panel
of twelve Jurors being completed, thereupon the trial of this cause progressed but not being
concluded further proceedings herein are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that this cause be dismissed at the costs of said plaintiff and
that execution issue therefor. Note withdrawn by plaintiff by leave.
Motion to strike out part of answer filed.
Answer filed.
Answer filed.
The defendants,
mond
consent of parties it is ordered by the Court that this cause
be dismissed as to the said defendant
On note.
Now come the plaintiffs, by their attorneys, but the
defendants, although duly summoned and solemnly
called, come not but make default, wherefore, on
motion of the plaintiff, it is ordered by the Court
that the petition herein be taken against them as
confessed; and the Court finds from the instrument in writing on which this action is founded
that the defendants are indebted to the plaintiffs in the sum of seventeen hundred and
thirty nine dollars and four cents. It is therefore considered by the Court that the plain
tiffs recover of the defendants the sum aforesaid inform aforesaid as found and their
costs herein expended and have execution therefor.
Motion for security for costs filed. Answer filed.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although
duly summoned and called comes not but makes default, wherefore,
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against the said defendant as confessed; and the Court finds from the in
strument in writing on which this action is founded that the defendant indebted to the
plaintiff in the sum of two hundred and seventy four dollars and fifty eight cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid
inform aforesaid as found and his costs herein expended and have execution therefor.
Confession of Judgment.
Now comes the defendant and files a statement, in writing duly
verified by affidavit, whereby he confess himself indebted to
the plaintiffs in the sum of nine hundred and four dollars
and seventy six cents, and consents that judgment may be
rendered against him in favor of the plaintiffs for that amount. It is therefore consid
ered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form afore
said as confessed together with interest thereon at the rate of ten percent per annum from
this date and their costs herein expended and have execution therefor.
Confession of Judgment.
Now comes the defendant and files a statement, in writing duly
verified by affidavit, whereby he confess himself indebted to
the plaintiffs in the sum of twenty five hundred and seventy
nine dollars and seventy seven cents. And authorizes the Court
to enter judgment against him for that amount. It is therefore considered by the
Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid
as confessed and their costs herein expended and have execution therefor.
Notice to defendants and also notice to attorney of
Ordered that a dedimus issue to Kentucky for the
plaintiff.
Ordered that a dedimus issue to Illinois for plaintiff.
The defendants,
file separate answers herein.
The defendants,
file separate answers herein.
The said garnishee files an answer herein.
Petition for freedom.
Now again come the parties by their respective attorneys, and
also the Jury empanelled and sworn herein, and thereupon
the trial of this cause progressed but not being finished fur
ther proceedings are deferred until tomorrow morning.
Court met pursuant to adjournment. Present as before.
as a member of this Bar
Deposition for plaintiffs opened and filed.
Confession of Judgment.
Now comes the defendant and files a statement in writing duly
verified by affidavit, whereby he confesses himself indebted to
the plaintiff in the sum of thirteen hundred and fifty four
dollars and forty cents, and consents that judgment may be rendered against him infavor
of the plaintiff for that amount. It is therefore considered by the Court that the plaintiff
recover of the defendant the sum aforesaid inform aforesaid as confessed and his costs
herein expended and have execution therefor.
Default.
Now comes the plaintiff, by his attorney, but the defendants
although duly summoned and called, come not make
default, wherefore, on motion of the plaintiff, it is ordered
by the Court that the petition herein be taken against them
as confessed.
Answer filed.
By consent of parties, leave is given the plaintiff to change the given
name of the defendant from
occurs: thereupon the defendant withdraws the plea in abatement herein
and twenty days is given the defendant to answer herein.
Default.
Now comes the plaintiff, by her attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against him as confessed.
Proof of Publication.
Now come the plaintiffs, by their attorney, and file proofs satis
factory, to the Court that the order of publication made herein
has been duly published according to law.
Proofs of Publication.
Now comes the plaintiff, by his attorney, and files proof satisfactory
to the Court that the order of publication made herein has been duly
published according to law.
Proofs of Publication.
Now comes the plaintiff, by his attorney, and files proof satisfactory
to the Court that the order of publication made herein has been
duly published according to law.
Proofs of Publication.
Now comes the plaintiff, by his attorney, and files proof satisfactory to
the Court that the order of publication made herein has been duly
published according to law.
Proofs of Publication.
Now comes the plaintiff, by his attorney, and files proof
satisfactory to the Court that the order of publication
made herein has been duly published according to law.
Proofs of Publication. Default.
Now comes the plaintiff, by his attorney, and files proof satisfactory
to the Court that the order of publication made herein has been duly
published according to law, but the defendants, although duly sum
moned and called, come not but make default, wherefore, on motion
the plaintiff it is ordered by the Court that the petition herein be taken against them as confessed.
Default.
Now come the plaintiffs, by their attorney, but the defendant,
although duly summoned and called, comes not but makes
default, wherefore, on motion of the plaintiffs, it is ordered by
the Court that the petition herein be taken against the said
defendant as confessed.
Demurer filed.
On note.
Now come the plaintiffs, by their attorney, and dis
misses this suit as to the defendant,
Chouteau
called, come not but make default, wherefore,
on motion of the plaintiffs by their attorney, it is
ordered by the Court that the petition herein be taken against them as confessed: and the Court
finds from the instrument in writing on which this action is founded that the defendants are
indebted to the plaintiffs in the sum of two thousand and thirty nine dollars and fifty four
cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum
aforesaid inform aforesaid as found and their costs herein expended and have execution therefor.
Judgment to bear then percent per annum from this date until paid.
On note.
Now come the plaintiffs, by their attorney, and dismisses this suit as to
the defendant,
and
not but make default, wherefore, on motion of the plaintiffs it
is rendered by the Court that the petition herein be taken against
them as confessed: and the Court finds from the instrument in writing on which this action is
founded that the defendants are indebted to the plaintiffs in the sum of five hundred and
fifty two dollars and ninety seven cents. It is therefore considered by the Court that the
plaintiffs recover of the defendants the sum aforesaid inform aforesaid as found and his
costs herein expended and have execution therefor.
Confession of Judgment.
Now comes the defendant and files a statement in writing, duly verified
by affidavit, whereby he confess himself indebted to the plain
tiff in the sum of five hundred and ninety two dollars and seventy
seven cents, and consents that judgment may rendered against him for that sum. It is
therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid
inform aforesaid as confessed and his costs herein expended and have execution therefor.
Deposition for plaintiff opened and filed.
Motion for security for costs filed.
The defendants,
separate answers herein.
Motion for order on claimant of fund garnisheed to appear
and sustain claim filed.
Now comes the defendant,
and service of process, enters his appearance to this action;
wherefore, on motion of the plaintiffs the order for the issue of
an alias summons herein for said defendant is set aside.
Denial of part of answer filed. Exceptions to general
answer filed.
Motion for judgment on bond filed.
Change of Venue.
Now come the parties, by their respective attorneys, and the defendant
files a petition for a change of venue herein, that the Court, having duly
heard and considered the same doth order 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 true and complete transcript of the record and proceedings herein, and transmit the
same duly certified, together with all the original papers filed and not forming a part of
the record, to the Clerk of said St Louis Court of Common Pleas.
The defendants withdraw their motion for security for costs
herein and file an answer and two exhibits.
Motion to strike out answer and counterclaim and for judg
ment filed.
Now come again the parties, by their respective attorneys, and also the Jury empan
nelled and sworn herein, and thereupon the trial progressed and being finished the
Jury aforesaid upon their oaths aforesaid do find as to the first issue herein joined that
the said defendant is guilty of the trespasses and grievances laid to his charge in manner and form as the
plaintiff hath in her declaration alleged, and as to the second issue herein joined, do find that at the time
when said several supposed trespasses were committed the plaintiff was not slave in manner
and form as the defendants hath in his second plea alledged. It is therefore considered and adjudged
by the Court that the said plaintiff be liberated and entirely set
claiming by through or under him by title derived since the commencement of this suit and that she recover of said
defendant her costs and charges herein expended and have execution therefor. Motion for a new trial filed.
Court met pursuant to adjournment. Present as before.
Change of Venue.
The Judge of this Court having been of counsel for the garnishee
herein, it is therefore ordered that this cause be transferred to the
St Louis Court of Common Pleas for trial, and that the Clerk of
this Court make out a full and complete transcript of the record
and proceedings herein, and deliver the same duly certified to the Clerk of said St Louis court
of Common Pleas, as required by law.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued by consent.
Continued by consent.
Continued by consent.
Continued by consent.
Continued by consent.
Answer filed.
The said garnishee withdraws its answer herein.
On motion three days is given said garnishee to answer.
Continued by consent at defendants costs.
By leave of court the plaintiff files interrogatories herein. Two
weeks is given the said garnishee to answer herein.
Continued by consent at plaintiffs costs. Motion to suppress depo
sition of
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the court
that this suit be dismissed acts the defendant
Dismissal.
By consent of parties, it is ordered by the court that this cause be
dismissed at the costs of the plaintiffs and that execution issue therefore.
Fifteen days are given to answer herein.
Confession of Judgment.
Now come the defendants and file a statement in writing duly verified
by affidavit, whereby they confess themselves indebted to the plaintiff
in the sum of eight hundred and five dollars and eighty five cents,
and consent that judgment may be rendered against them in favor
of the plaintiff for that amount. It is therefore considered by the court that the plaintiff
recover of the defendants the sum aforesaid in form aforesaid as confessed and its costs herein
expended and have execution therefore.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly called come not, nor have they answered herein, wherefore, on
motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed: and the Court finds
from the instrument in writing on which this action is founded that the defendants are indebted
to the plaintiff in the sum of five hundred and twenty seven dollars and fifty ants. It is therefore
considered by, the Court that the plaintiff recover of the sum aforesaid in form afore
said as found and his costs herein expended and have execution therefore.
Motion to discharge garnishees filed.
Dismissal.
On motion of the plaintiff, by their attorney, it is ordered
by the Court that the garnishees summoned herein be dis
charged hence at the this suit dismissed at the costs of
said plaintiffs and that execution issue therefore.
On note.
Now the plaintiffs, by their attorney, but defendants although
duly warned and called come not but make default, wherefore,
on motion of the plaintiffs, it is ordered by the Court that the petition
herein be taken against them as confessed: and the Court finds
from the instrument in which this action is founded that the
defendants are indebted to the plaintiffs in the sum of seven hundred and two dollars and
eighty one cents. His therefore considered by the court that the plaintiffs recover of the defen
dants the sum aforesaid in form aforesaid, as found together with interest thereon at the rate
of ten per cent per annum from this date and their costs herein expended and have execution
therefor against the defendant
general execution therefore against,
On notes.
Now comes the plaintiff, by his attorney, but the defendants, although
duly warned and called, come not but make default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed: and the Court finds
from the instruments in writing on which this action is founded that the defendants are in
debted to the plaintiff in the sum of eighteen hundred and forty eight dollars and thirty
cents. His therefore considered by the Court that the plaintiff recover of the defendants the
sum aforesaid inform aforesaid as found and have execution therefor against the property
attached in this suit.
On motion of the plaintiff, Commissions are awarded him to take
depositions in Illinois and Muscatine and Burlington, Iowa.
Dedimus awarded to Illinois for plaintiff.
Exceptions to answer of garnishees,
and
of garnishees,
filed.
No comes the plaintiff, and files a petition and exhibit.
Until the nineteenth instant is given the defendant to
answer herein.
The defendant files an answer and set off herein.
Denials of answers of
Thompson
Maurice
Ordered that apheries summons issue herein for
Oglesby
Court met pursuant to adjournment. Present as before.
Petition.
Now come the parties, by then attorney, and the defendants file an answer
herein, and this cause is submitted by consent to the Court upon the petition
and answer, and the Court doth find there from that the defendants are
indebted to the plaintiff in the sum often hundred and eighty two dollars.
It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid
in form aforesaid as found and his costs herein expended and have execution therefore.
Ordered that an alias summons issue to the sheriff of Pike
County for the defendants
Exhibit a filed
Continued by consent.
On motion of the garnishee, by his attorney, it is ordered by
the Court that he be discharged hence at the cost of said plaintiff
and that execution issue therefore. The sum of ten dollars
allowed garnishee for answering.
Default.
Now comes the plaintiff, by his attorney, but the defendant,
Busch
makes default, wherefore, on motion of the plaintiff it is ordered
by the Court that the petition herein be taken against him as confessed.
On motion of the garnishee, by his attorney, it is ordered by the
Court that he be discharged hence at the cost of the plaintiffs
and that execution issue therefore. The sum of ten dollars is
allowed him for an evening herein.
On motion of the garnishee, by his attorney, it is ordered
by the Court that it be discharged hence at the costs of
the plaintiff and the execution issue therefore. The sum
of ten dollars is allowed for an answering herein.
The plaintiff files as motion and notice of motion to shorten time for
taking depositions and the Court doth grant the plaintiff leave to
take depositions in the state of Ohio on the twenty second instant
on serving notice on the defendants to that effect.
Confession of Judgment.
Now comes the defendant and files a statement, in writing duly verified
by affidavit, whereby he confesses himself indebted to the plaintiff in the
sum of five thousand one hundred and fifty nine dollars and fifty
five cents, and consents that judgment may be rendered against him
for that amount. It is therefore considered by the Court that the plaintiffs recover of the
defendant the sum aforesaid in form aforesaid as confessed and their costs herein expended and
have thereof execution.
Petition.
Now come the parties, by their attorneys, and agree that judgment
may be rendered herein in favor of the plaintiff and against the defen
dants for the sum of one cent. It is therefore considered by the Court
that the plaintiff recover of the defendants the sum aforesaid in form
aforesaid as agreed upon and his costs herein expended and have execution therefore.
Default.
Now comes the plaintiff, by his attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore, on motion
of the plaintiff, it is ordered by the Court that the petition herein be taken
against them as confessed.
Demurrer to Courter claim filed.
On motion of the defendant, by his attorney, it is ordered
that the plaintiff file an additional bond of replevin in
the sum of six hundred dollars, within ten days from
the date of this order.
Separate answer of
Deposition for defendant opened and filed.
On note and accounts.
Now comes the plaintiff by their attorney, and dismisses this suit as
to the defendants,
though duly summoned and called, comes not but makes default, where
fore, on motion of the plaintiffs, it is ordered by the Court that the peti
tion herein be taken against him as confessed: and the plaintiffs waiving
a Jury, submit this cause to the Court upon the petition, exhibits and
proofs, and the Court having duly heard and considered the same doth find there from that the defen
dant,
dollars and seventy two cents. It is in therefore considered by the Court that the plaintiffs recover of
the said defendant the sum aforesaid in form aforesaid as found and their costs herein expended
and have execution therefor.
On notes.
Now come the plaintiffs, by their attorneys, but the defendants, although
duly summoned and called, come not but make default, wherefore; on
motion of the plaintiffs, it is ordered by the Court that the petition herein
be taken against them as confessed: and the Court finds from the
instruments in writing on which this action is founded that the defen
dants are indebted to the plaintiffs in the sum of eight hundred and seventy six dollars and sixteen
cents. It is therefore considered, by the Court that the plaintiffs recover of the defendants the sum
aforesaid inform aforesaid as found and their costs herein expended and have execution therefor.
Dismissal.
On motion of the plaintiff, by their attorneys, it is ordered by the Court
that this cause be dismissed at their costs and that execution issue therefor.
Dismissal.
On motion of the plaintiff, by his attorneys, it is ordered by the Court
that this cause be dismissed at his costs and that execution issue therefor.
Exhibit withdrawn by leave of Court.
Ordered that a subpoena dues term issue to
certain books.
Denial of garnishees answer filed.
Petition to set aside Will.
Now come the parties by their respective attorneys
and thereupon come also a Jury, to wit:
Ludicke
Bell
Mason
good and lawful men, who being duly elected, tried
and sworn well and truly to try the issue herein
joined, the trial progressed, but not being finished
at the hour of adjournment, it is ordered by
the Court that further proceedings herein be deferred
until tomorrow morning.
Court met pursuant to adjournment. Present as before.
The garnishee,
Default.
Now come the plaintiffs, by their attorneys, but the garnishees,
though duly summoned and called, come not but make
default, wherefore; on motion of the plaintiffs, it is ordered
by the Court that the interrogatories filed herein be taken
against them as confessed: on motion of the plaintiff
it is ordered by the Court that the garnishes,
Wall
hence at the costs of the said plaintiffs and that execution issue therefor. The sum of ten dollars
is allowed each of said garnishees,
Answer of
Reply to Counter claim filed.
Confession of Judgment.
Now comes the defendants and files a statement in writing, whereby he confessed
himself indebted to the plaintiff in the sum of twenty five hundred and
twenty one dollars and fifty nine cents, and consents that judgment may
be rendered herein in favor of said plaintiff for that sum. It is therefore considered by the
Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as
confessed and his costs herein expended and have execution therefor.
Default.
Now come the plaintiffs, by their attorneys, but the
garnishees,
called, come not but make default, wherefore; on
motion of the plaintiffs, it is ordered by the Court that
the interrogatories herein be taken against them as
confessed: on motion of the plaintiff, it is ordered
by the Court that the garnishes,
tus H Gaylord
the sum of ten dollars be allowed each of them for answering herein
Reply of
Motion to make the City of St Louis a defendant to this
suit filed.
Petition to set aside Will.
Now come again the parties, by their respective
attorneys, and also the Jury empanelled and
sworn herein and thereupon the trial of this cause
progressed, but not being finished further proceedings
are deferred until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Continued by consent.
Answer filed.
Ordered that a dedimus issue to Ohio for plaintiff.
Now comes the plaintiff can files a petition and thereupon comes the defendants
and waiving service or process enters his appearance to this action as if
personally served with process fifteen days before the commencement of
the present term of this Court.
Now comes the plaintiff and files a petition and thereupon comes the defendant
and waiving the issue of summons, enters his appearance to this action
as if personally served with process fifteen days before the commence
ment of the present term of this Court.
Dismissal.
Now come the parties by their attorneys, and by their consent
it is ordered by the Court that this cause be dismissed at the
costs of the defendant that execution issue herein.
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified
by affidavit, whereby he confessed himself indebted to the plaintiff in the
sum of three hundred dollars and consents that judgment may be ren
dered against him in favor of the plaintiff for that amount. It is therefore considered by the
Court that the plaintiff recover of the defendant the sum aforesaid form aforesaid as confessed
and his costs herein expended and have execution therefor.
Depositions for plaintiff opened and filed.
On motion of the said garnishee, by his attorneys, it is ordered by the
Court that he be discharges hence at the costs of said plaintiff
and that execution issue therefore. The sum of Ten dollars is al
lowed said garnishee for answering.
Answer of
Ordered that a dedimus issue to Wisconsin for plaintiff.
Ordered to be set for trial for
of parties.
Ordered that a dedimus issue to Louisiana for plaintiff.
The defendants files an answer herein.
Motion for order on Sheriff to pay over money filed.
Continued on application of plaintiffs at their costs.
Continued on application of plaintiffs at their costs.
It appearing to the Court that the said steamboat has been sold
pursuant to the order here to fore made by this Court, therefore, it
is ordered that the creditors of said boat be notified to appear
before this Court on the
against said boat; it is further ordered that such notice be published in the St Louis
Evening News and the Missouri Democrat.
It appearing to the Court that the said steamboat has been sold
pursuant to the order here to fore made by this Court, therefore, it is
ordered that the creditors of said boat be notified to appear before
this Court on the
said boat; it is further ordered that such notice be published in the Missouri Democrat
and St Louis Evening News.
Now come the parties, by their respective attorneys, and also the Jury empanelled
and sworn herein and thereupon the trial progressed and being finished, the
Jury retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
Deposition for defendants opened and filed.
Depositions for plaintiff opened and filed.
Motion for security for costs filed.
The plaintiffs file a bond for security for costs, thereupon the Court
overrules the motion for security for costs.
It is ordered that the motion for a new trial herein be overruled.
Now comes
Corpus
doth refuse the said application.
It is ordered that the demurrer to the plaintiffs petition herein be
sustained.
It is ordered that the demurrer to the plaintiffs petition herein be
sustained.
The plaintiff files a bond for security for costs.
On consideration of the demurrer herein it is ordered that the same be
overruled.
The plaintiffs file a bond for costs herein.
Affidavit filed.
On consideration of the motion to strike out the defendants
answer and for judgment, it is ordered that the same be overruled.
On consideration of the motion to dismiss this suit for want of
security for costs it is ordered that the same be overruled.
The defendants demurrer to the petition being heard and considered
by the Court it is ordered that the same be sustained.
The Plaintiff files a bond for costs, thereupon the dependant withdraw
his motion to dismiss this suit, and files an answer herein.
The Plaintiff files a bond for costs, thereupon the dependant with
draw his motion to dismiss this suit.
The Plaintiff files a bond for costs, thereupon the dependant withdraw
his motion to dismiss this suit.
On consideration of the demurrer to the petition herein, it is ordered
that the same be sustained. Ten days is given plaintiff to amend.
Motion to set aside discharge of garnishee filed.
On consideration of the motion to strike out parts of answer of
day is given said defendant to amend.
The defendants withdraws her motion for security for costs herein.
The plaintiff files separate denials of the answer of
said garnishee.
The defendant files an answer herein.
Default.
Now comes the plaintiff, by his attorney, but the said
garnishee,
moned and called, comes not but makes default, wherefore
on motion of the plaintiff, it is ordered by the Court that the
interrogators herein against him as confessed.
Order of Publication.
Now comes the plaintiff, by her attorney, and files a petition and also an
affidavit stating that the defendant is a non resident of the State of
Missouri, wherefore on motion of t he plaintiff, it is ordered by the Court
that the defendant be notified that a civil action has been commenced against him to obtain
a decree of divorce on the grounds of ill treatment and desertion, and that unless he be and
appear before this Court to be begun and held at the Court House in the City and County of
St Louis on the last Monday of September next and on or before the sixth day of said term
answer the plaintiffs petition the same will be taken against him as confessed. It is further
ordered that a copy hereof be published, as the law directs, in the Missouri Republican a
newspaper printed and published in the City of St Louis.
On note.
Now come the plaintiffs, by their attorney and on their mo
tion leave so given the Sheriff to amend his return on the writ
herein by adding there to the words, "the President of said
Company not being found in my County"; which amendment
is accordingly made; but the said defendant, although
duly summoned and called, come not but makes default, wherefore, on motion of the plain
tiffs it is ordered by the Court that the petition herein be taken against the defendant as
confessed: and the Court finds from the instrument in writing on which this action is founded
that the defendant is indebted to the plaintiffs in the sum of two hundred and ninety dollars
and fifty eight cents. It is therefore considered by the Court that the plaintiffs recover of the
defendant the sum aforesaid inform aforesaid as found and their costs herein expended
and have execution therefor.
On notes.
Now come the plaintiff and the defendant,
attorneys, but the defendant
moned and called, comes not but makes default, wherefore,
on motion of the plaintiff, it is ordered by the Court that the
petition herein be taken against him as confessed: thereupon
by leave of Court the defendant white amends his answer by alleging a payment on the
which allegation of payment the plaintiff confesses and moves the Court of judgment upon the
answer of said
Court finds from the instruments in writing on which this action is founded and also from the
answer herein that the defendant
and eighty one dollars and seventy one cents, and the Court also finds from the said instruments
in writing that the defendant
eighty one dollars and seventy one cents. It is therefore considered by the Court that the plaintiff recover of
the defendants the sum aforesaid as found and its costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
Court, in open Court, upon their oaths, prove the acknowledgement and execution of a deed of
emancipation by
dark copper color, aged thirty six years,
On consideration of the demurrer herein it is ordered that the same be
overruled. Ten days given to answer.
On Bill of Exchange.
The plaintiffs motion to state out the answer herein and for judgment
being heard and by the Court fully understood it is ordered that the same
be overruled; thereupon comes the plaintiff and waiving damages on the
bill of exchange sued on, moved the Court for judgment on the answer of said defendant, and
the Court, on considered of said motion, doth sustain the same; and the Court finds from said
answer and from the instrument in writing on which this action is founded that the defendant
is indebted to the plaintiff in the sum of three hundred and seventy four dollars and fifteen
cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum
aforesaid in form aforesaid as found and this costs herein expended and have execution therefor.
Demurrer filed.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the
Court that this cause be dismissed at the costs of said plaintiff
and that execution issue therefore. By leave of Court the
plaintiff withdraws the exhibit sued on.
Default.
Now come the plaintiffs, by their attorney, but the defendants, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiffs it is ordered by the Court that the petition herein
be taken against him as confessed.
On consideration of the demurrer to the petition herein it is ordered
by the Court that the same be sustained. Ten days is given
the plaintiff to amend.
Proof of Publication.
Now comes the plaintiff and files proof satisfactory to the
Court that the order of publication made herein has been duly
published according to law.
The defendant withdraws his motion for security for
costs and files and answer herein.
Default.
Now Comes the plaintiff, by her attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against him as confessed.
On motion of the plaintiff ten days is given him to reply herein.
The defendant withdraws his motion for security for costs herein.
On Petition for Injunction.
Now come the parties by their attorneys, and submit the petition of
for an injunction herein to the Court and the Court having duly heard and consid
ered the same, doth order that the injunction restraining all proceedings under
an execution mentioned the said petition be an the same is hereby dissolved and vacated.
It is further ordered that the said
Now comes the plaintiff and files a petition, and thereupon come the defen
dants and waiving the issue and service of process center their appearance
to the action.
The defendant withdraws his motion herein and files an answer.
The defendant withdraws his motion to dismiss this suit.
On consideration of the motion for security for costs herein it is
ordered that the same be sustained.
The Plaintiff files a bond for costs herein with
which is approved by the Court.
Motion to strike out parts of answer and motion for the
appointment of a receiver filed.
On consideration of the demurrer herein, it is ordered that the same
be sustained.
On consideration of the motion to strike out part of the answer herein it
is ordered that the same be overruled.
The defendants motion to strike out the petition herein being heard
and fully understood by the Court it is ordered that the same be
sustained. Ten days is given the plaintiff to amend.
Motion to set aside judgment filed.
Ten days is given the plaintiff to file a denial of the answer
of the garnishee
The said garnishees motion to strike out the fourth, fifth
and sixth interrogatories filed herein, being heard and fully
considered by the Court it is ordered that the same be
sustained.
On consideration of the motion to strike out the answer herein
it is ordered that the same be overruled.
Now comes the defendant, by its attorney, and the plaintiffs
having failed to amend herein, it is on motion of the defen
dant, ordered by the Court that the judgment on the demurred
herein be made final and absolute. It is therefore considered by the
Court that the said plaintiffs take nothing by their suit in this behalf, but that the defendant go
hence without day and recover of the plaintiffs its costs herein expended and have execution therefor.
Denial of garnishees answer filed.
The said garnishee file an answer herein.
Plea in abatement filed.
Now comes the plaintiff, by his attorney, and submits to the Court his motion
for an execution on the judgment rendered herein on the
ber, 1857
doth order that an execution issue herein in accordance with said motion.
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by
affidavit whereby he confesses himself indebted to the plaintiffs in the
sum of nineteen hundred and twenty seven dollars and thirty five cents,
and consents that judgment may be rendered against him in favor of
the plaintiffs for that sum. It is therefore considered by the Court that
the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as confessed and their
costs herein expended and have execution therefore.
Now again come the parties, by their attorneys, and there
upon come also the Jury empanelled and sworn herein
and upon their on the say they are unable to agree upon
a verdict; wherefore, it is ordered by the Court that the said
Jury be discharged and this caused continued until the
next term of this Court.
Court met pursuant to adjournment. Present as before.
Petition on Contract.
Now come the parties, by their respective attorneys, and the
defendant files a motion for security for costs herein, which
being seen heard and fully understood by the Court, it is or
dered that the same be overruled; and the parties waiving
a Jury submit this cause to the Court, and thereupon the trial progressed and being
finished the Court takes time to consider what judgment shall be rendered herein.
Depositions for plaintiff opened and filed.
Depositions for plaintiff opened and filed.
The defendants file an answer herein.
Answer filed by consent of parties.
On consideration of the demurrer to the petition herein it is or
dered that the same be overruled. Ten days given to answer.
Denial of answer of
Claim of
Ordered that an alias summons issue herein for defendants
Order that an alias summons issue herein.
Order that an alias summons issue herein.
Continued by consent.
Motion to strike out part of answer filed.
Continued on affidavit at defendants costs.
Receipt for costs of taking depositions filed.
Replication and exhibit A filed.
Motion to suppress depositions filed.
On consideration of the demurrer to the petition herein, it is ordered
that the same be sustained. Ten days is given to amend.
The defendants demurrer to the petition herein being heard and
fully considered by the Court it is ordered that the same be
sustained, amended petition filed by leave of Court.
Continued.
Continued.
Continued on application of plaintiffs at their costs.
Continued on application of plaintiffs at their costs.
Continued.
Continued.
Continued.
Continued by consent.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued as on affidavit at plaintiffs costs.
Continued on application of plaintiffs at their costs.
Motion for Execution filed.
Dismissal.
On motion of plaintiff, by his attorney, it is ordered by the Court that
this cause be dismissed at his costs and that execution issue therefor.
On Bond.
Now come the parties, by their respective attorneys,
and by consent the plaintiffs dismiss this suit as
to the defendants,
Soulard
Cure, agree that judgment may be rendered
herein against said defendant in favor of said
plaintiffs for the sum of two hundred and twenty dollars. It is therefore considered by
the Court that the plaintiffs recover of the said defendant the sum aforesaid in form afore
said as agreed upon and their costs herein expended and have execution therefor. Thereupon
the plaintiffs, by their attorney, acknowledge to have received full and entire satisfaction
of the above judgment.
Dismissal.
By consent of parties, it is ordered by the Court that this cause
be dismissed at the costs of the defendants and that execution
issue therefor.
Dismissal.
By consent of parties, it is ordered by the Court that this
cause be dismissed at the costs of the defendants and
that execution issue therefor.
Dismissal.
By consent of parties, it is ordered by the Court that this
cause be dismissed at the costs of the defendants and
that execution issue therefor.
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified
by affidavit, whereby he confesses himself indebted to the plaintiff
in the sum of Six hundred dollars and consents that judgment
may be rendered against him for that amount. It is therefore considered by the Court
that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as confessed
and his cost herein expended and have execution therefor. The parties consent that the issue
of execution herein be stayed until the
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore,
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed; and the Court finds from
the instrument in writing on which this action is founded that the defendants are indebted
to the plaintiff in the sum of five hundred and twenty nine dollars and thirteen cents.
It is therefore considered by the Court that the plaintiff recover of the defendants the sum
aforesaid inform aforesaid as founded and his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by its attorney, but the
defendants, although duly summoned and called,
come not but make default, wherefore, on motion
of the plaintiff, it is ordered by the Court that the
petition herein be taken against them as confessed;
and the Court finds from the instrument in writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of six hundred and twenty five
dollars and fifty one cents. It is therefore considered by the Court that the plaintiff recover
of the defendants the sum aforesaid in form aforesaid as founded and its costs herein ex
pended and have execution therefor.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by the
Court that this cause be dismissed at the costs of said plain
tiffs and that execution issue therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
this cause be dismissed at his costs and that execution issue therefor.
Dismissal.
This cause being called for trials and no one appearing to prosecute
the same it is ordered that the same be dismissed.
Dismissal.
On motion of the plaintiff, by his attorney it is ordered by the Court
that this cause be dismissed at the costs of said plaintiff and that
execution issue therefor.
Non suit.
Now comes the defendant by his attorney, but the plaintiff
although duly called comes not, wherefore on motion of
the defendant it is ordered that the plaintiff be non suited.
It is therefore considered by the Court that the plaintiff
take nothing by his suit in this behalf but that defendant go hence without day and
recover of the plaintiff his costs herein expended and have execution therefor.
Non suit.
Now comes the defendant, by his attorney, but the plaintiff
although duly called comes not, wherefore on motion
of the defendant, it is ordered by the Court that the
plaintiff be non suited. It is therefore considered by the
Court that the plaintiff take nothing by its suit in this behalf but that defendant
go hence without day and recover of the plaintiff his costs herein expended and have
execution therefor.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by the Court
that this cause be dismissed at their costs and that execution issue
therefor.
Dismissal.
On motion of the plaintiffs, by his attorney, it is ordered by the
Court that this cause be dismissed at his costs and that execution issue
therefor.
Court met pursuant to adjournment. Present as before.
Proof of service filed.
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the order of publication
heretofore made herein has not been published, according to law, therefore
on motion of the plaintiff, by his attorney, it is again ordered that the
defendant be notified that a civil action has been commenced against him for the sum
of Seven thousand one hundred and twenty one dollars and ninety seven cents on ac
count of goods wares and merchandise sold and delivered to him by the plaintiff; and that
his property has been attached and unless he be and appear at the next term of this Court
to be begun and held at the City of St Louis within and for the County of St Louis, on the
last Monday of September next, and on or before the third day thereof answer the petition
herein judgment will be rendered herein against him and his property, sold to satisfy the
same. It is further ordered that a copy hereof be published according to law in the
Missouri Democrat a newspaper printed and published in the City of St Louis, Cause con
tinued until next term of this Court.
Demurrer filed by defendants.
Plaintiffs file a bond for costs herein,
Demurrer filed.
Demurrer filed.
Demurrer filed.
Demurrer filed.
Demurrer filed.
Demurrer filed.
Dismissal.
By consent of parties this cause is dismissed, each party paying his
own costs; and it is ordered that execution issue therefor.
Motion to strike out set off filed.
Divorce.
Now comes the plaintiff, by her attorney, and on her motion and
the defendant having made default, the Court proceeds to hear
the proof herein, and the hearing being finished, and the Court
being satisfied there from that the plaintiff is a person of good moral character and an injured
and innocent party, it doth order adjudge and decree that she be absolutely and forever divorced
from the bonds of matrimony by her contracted with the defendant and be restored to all the
rights and privileges of an unmarried person. And it appearing to the Court from the evidence
adduced by the plaintiff that the defendant from his habits and course of life is an unsuitable
person to have the custody and control of the child,
is further ordered adjudged and decreed that the plaintiff have the care custody and con
trol of the infant child aforesaid and that the said defendant be restrained and enjoined
from interfering with the plaintiff in this behalf: and it is also ordered that the plaintiff
pay the costs of this suit.
Confession of Judgment.
Now comes the defendant and files a statement in writing duly
verified by affidavit whereby he confesses himself indebted
to the plaintiffs in the sum of four hundred and fifty dollars
and seventy three cents, and consents that judgment may be ren
dered against him in favor of the plaintiffs for that amount. It is therefore considered by
the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as
confessed and their costs herein expended and have execution therefor. The parties consent
that the issue of execution herein be stayed until the
Dismissal.
Agreement filed, and in accordance therewith it is ordered by
the Court that this cause be dismissed at the plaintiffs costs
and that execution issue therefor.
Dismissal.
Agreement filed, and in accordance therewith it is ordered
by the Court that this cause be dismissed at the costs of the
plaintiffs and that execution issue therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called come not but make default, wherefore
on motion of the plaintiff, it is ordered by the Court that the peti
tion herein be taken against them as confessed; and the Court finds
from the instrument in writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of two hundred and seventy dollars and twenty five
cents. It is therefore considered by the Court that the plaintiff recover of the defendants the
sum aforesaid in form aforesaid as found and his costs herein expended and have execution
therefor.
On motion of the plaintiff, by his attorney, leave is given him to
withdraw survey of
said
Answer of
Answer filed.
Petition.
Now come the parties, by their respective Attorneys, and thereupon come
also a Jury to wit;
men who being duly elected, tried and sworn the issues herein joined well and truly to try, the
trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find
for the defendant. It is therefore considered by the Court that the plaintiff take nothing by
his suit in this behalf but that the defendant go hence without day and recover of the said
plaintiff his costs herein expended and have execution therefor.
Depositions for plaintiff opened and filed.
Confession of Judgment.
Now come the defendant and file a statement in writing duly verified
by affidavit whereby he confesses himself indebted to the plaintiff in
the sum of five hundred and seventy one dollars and forty cents and
consents that judgment may be rendered against him in favor of the plaintiff for that amount.
It is therefore considered by the court that the plaintiff recover of the defendant the sum afore
said inform aforesaid as confessed together with interest thereon from this date at the rate
of ten percent per annum and his costs herein expended and have execution therefor.
On account.
Now come the plaintiff and the defendant,
spective attorneys, but the defendants,
come not but make default, wherefore, on motion of the plaintiff
it is ordered by the Court that the petition herein be taken against
them as confessed; and thereupon come also a Jury, to wit:
McAuliff
Lieber
being duly elected, tried and sworn well and duly to try the
dant,
A Whiting
ceedings herein are deferred until tomorrow morning.
Geyer
do adjourn, in respect to the memory of the deceased, and the following resolutions passed
at a meeting holder by the members of the St Louis Bar, be spread upon the records
of the Court of this day, to wit:
Meeting of the Saint Louis Bar on the death of Hon
Pursuant to announcement made through the public journals, the members of the St Louis
Bar met at nine oclock, AM, this day, in the Circuit Court Room, when, on motion of
Hon
of the meeting, assisted by Hons
On motion of same gentleman,
requested to act as Secretaries.
The President in as most appropriate manner, announced the object of the meeting
to be the expression of fitting testimonials upon the decease of the Hon
On motion of
proper resolutions for the adoption of the meeting the President appointed the following
gentlemen:
who reported the following:
With profound regret the St Louis Bar are assembled to honor the memory of
fullness of years he has passed away, leaving an honorable name, which will long be
cherished, and longest by those who knew him best. For more than forty three years he
has held his place at our Bar, and the impress of his mind is ineffaceably fixed upon the
legislation and jurisprudence of Missouri. Few of his contemporaries have held so large
a place in public confidence and respect as he, and fever have had the ability to win so
elevated a position as his. We sincerely mourn that we shall see him no more.
Our deceased senior brother was born at Frederick town, Maryland, on the
December 1790
army of the United States, and at its close removed to St Louis, where, on the
ber 1815
of the United States in 1851, his professional career was laborious and lucrative, embracing
the whole range of duty as attorney, counselor and advocate, in all of which he was
preeminent; but after that year he did not engage in general practice. Through a period
of more that forty three years his Clear, a cute and logical mind-unimpared to the
last-dealt with all the great questions which have arisen in connection with the peculiar
jurisprudence of this State, and none has been more distinctly felt by our State and
Federal Judiciary in their elucidation and final determination.
His influence upon the statute law of Missouri has been no less marked. When
he had been but two years in the then frontier town of St Louis, he compiled with rare
accuracy and system, and published a Digest of the Laws then in force in the Territory
of Missouri, which still bears his name, and has always held a position of unquestioned
authority. In 1818, he was a member of the Territorial Legislature of Missouri. In
1821, he was elected a representative in the first Legislature of this State, and on taking
his seat was chosen Speaker of the House. He held the same position with distinguished
ability, in the second and third General Assemblies. Upon that which convened in
1824-5, devolved the difficult duty of making the first Revision of the Statute law of
Missouri. He had been, by the preceding Legislature, appointed one of the revisers; and
he thus had an opportunity to do much in moulding the legislation of a young State
where few men could be found having the peculiar qualities which he possessed in a
very eminent degree for such a work.
Again, in 1834-5, he participated laboriously and with great ability, in the
enactment of the second Revision of the Statutes. His last legislative service was
in the session of 1838-9.
In 1843 he was again appointed one of the Revisers of the Statutes but de
clined the appointment.
Throughout his legislative career he was distinguished for comprehensive views, for
independent and accurate judgment, for clear perception of what was required in general
legislation, and for a remarkable adaptation to the laborious and ill understood work
of framing laws. The influences of such a man upon the Legislation of a State
cannot be measured by time; it abides from generation to generation.
In his service as a Senator of the United States, he exhibited the same mental
qualities which had distinguished him at home; but he entered upon it with im
paired health, which was never fully restored, and the part he took in national
affairs, though highly honorable to himself and his State, was less active and less marked
than it would have been had his physical vigor been unimpaired.
His mind was logical, acute, fertile, elastic, analytical, and vigorous. His legal
learning was varied and profound, and he wielded it with a skill and power equaled
by very few. His forensic efforts, whether before a Court or Jury, were always impressive,
and often exhibited the highest order of ability. The always rose in power and brilliancy
with the demands of the occasion. At the Bar, and in private life, he was a courte
ous and honorable gentleman.
Such is a brief and faint outline of the life and character of one who name has long held
an eminent rank among us, and in whose removal from our midst we, as a body, in com
mon with the hole community, have suffered a loss which we cannot hope soon to see repaired.
In view of this sad event it is.
Resolved,-1. That, we tender to the family of the deceased, our sincere sympathy and condo
lence in the bereavement which has fallen upon them.
2. That, we will wear the customary badge of mourning for thirty days.
3. That we will assemble in the Common plea Court Room, this afternoon, at one o'clock,
and proceed thence, in a body, to attend the funeral of the deceased.
4. That, a copy of the proceedings of this meeting be transmitted to the widow of the deceased,
and that the same be published in the papers of this City.
5. That, committees be appointed to announce to the different Courts the decease, and to
request that the proceedings of this meeting be spread at large upon their respective records.
Upon these resolutions Messrs
and eloquent tribute to the character and virtues of the deceased in all the departments of life
in which he was called upon to act. On motion of
unanimously adopted; and on motion of
by the meeting to present the proceedings of the same to the Supreme Court of the State. To pre
sent the same to the inferior Courts the following members of the par were appointed by the President
US Circuit Court,
Circuit Court,
St Louis Land Court,
The meeting then adjourned on motion of
Secretaries.
Court met pursuant to adjournment. Present as before.
The defendants file an answer herein.
Assignment of Judgment to
Amended answer of
Answer to amended petition filed.
Depositions for plaintiff opened and filed.
Depositions for plaintiff opened and filed.
Depositions for plaintiffs opened and filed.
Now comes the plaintiff, by his attorney, and submits his motion for an
execution to the Court, which being seen heard and fully understood, it is
ordered that the same be sustained and that execution issue for the
amount of the judgment rendered herein and the costs in this suit expended.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and the defendant, in person
also comes and files a statement in writing duly verified by affidavit
whereby he confesses himself indebted to the plaintiffs in the sum of
nine hundred and eight dollars and sixty three cents and authoriges
the Court to enter judgment against him in favor of the plaintiffs for that amount. It is
therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid
in form aforesaid as confessed and their costs herein expended and have execution therefor.
The parties consent that the issue of execution herein be stayed until the
tober
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the
defendant cannot be summoned in this action, it is
therefore on motion of the plaintiffs, by their attorney or
dered that the defendant be notified that a civil
action has been commenced against him for the sum
of one hundred and fifteen dollars and fifteen cents founded on a note executed by the defen
dant, and that his property has been attached, and unless he be and appear at the next
term of this Court to be begun and holder at the City of St Louis, within and for the County
of St Louis on the fourth Monday of September next and on or before the third day thereof
answer the plaintiffs petition, judgment will be rendered against him and his property
sold to satisfy the same. It is further ordered that a copy hereof be published accor
ding to law, in the Missouri Democrat, a newspaper printed and published in the City of
St Louis.
Now come the parties, by their respective attorneys, and
submit the defendants demurrer to the petition herein to
the Court, and the Court having duly heard and considered
the said motion doth order that the same be sustained.
On consideration of the demurrer to the petition herein it is
ordered that the same be overruled.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by
the Court that this cause be dismissed at their costs and
that execution issue therefor.
Now comes, in proper person,
judgment rendered in favor of the plaintiffs herein, and dis
misses this application for an execution against the defendants.
On account.
Now come again the plaintiff and the defendant,
their respective attorneys, and also the Jury empanelled and
sworn herein, and thereupon the trial progressed but not
being finished further proceedings herein are deferred until
tomorrow morning.
Court met pursuant to adjournment. Present as before.
Depositions for plaintiffs opened and filed.
Depositions for plaintiff and for defendant opened and filed.
Depositions for plaintiff opened and filed.
Depositions for plaintiff opened and filed.
Depositions for plaintiff opened and filed.
Depositions for plaintiff opened and filed.
Continued as on affidavit at plaintiffs costs.
Dismissal.
By consent of parties, it is ordered by the Court that this
cause be dismissed at the costs of the defendants and that
execution issue therefor.
On account.
Now come again the plaintiff and the defendant,
by their respective attorneys, and also the Jury empanelled
and sworn herein, and on motion of the plaintiff.
it is ordered that the default herein taken against the defendant
W Hedenberg
suit as to said defendant,
being finished the Jurors aforesaid upon their oaths find for the plaintiff on his claim against
tiffs damages against
lars and fifty cents. It is therefore considered by the Court that the said plaintiff
recover of the said defendants the sum aforesaid in form aforesaid in form aforesaid
as assessed and his costs herein expended and have execution therefor.
Replication filed.
Petition replevin.
Now come the parties by their respective attorneys, and thereupon
come also a Jury to wit;
and sworn the issues herein joined well and truly to try the trial progressed, but not being fini
shed further proceedings are deferred until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Garnett
Depositions for plaintiff opened and filed.
Proof of Publication.
Now comes the plaintiff, by his attorney, and files proof satisfactory to
the Court that the order of publication made herein has been duly
published according to law.
On account.
Now come the parties by their respective attorneys, and agree that judgment
may be rendered herein in favor of the plaintiff and against the defendant
for the sum of one hundred dollars. It is therefore considered by the
Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as
agreed upon and his costs herein expended and have thereof execution.
By leave of Court plaintiffs amend their petition herein by stri
king out on the first and second lines on the third page thereof
the words the mere overloading of the said wharf boat by. Fifteen days
given to answer. Cause Continued. Motion to strike out parts of petition filed.
Depositions for plaintiff opened and filed.
By leave of Court plaintiffs withdraw the note suedon and
file a copy thereof.
Depositions for defendant opened and filed.
Motion to strike out parts of amended answer of
filed.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default,
wherefore, on motion of the plaintiff, it is ordered by the Court
that the petition herein be taken against them as confessed; and
the Court finds from the instrument writing on which this action is founded that the defendants
are indebted to the plaintiff in the sum of five hundred and sixty two dollars and seventy
nine cents.
It is therefore considered by the Court that the plaintiff recover of the defendants
the sum aforesaid in form aforesaid as found and his costs herein expended and have
execution therefor.
Petition in Replevin.
Now come again the parties by their respective attorneys, and also the Jury
empanelled and sworn herein, and thereupon the trial progressed, but
the plaintiff says he will not further prosecute his suit in this behalf but
voluntarily takes a nonsuit. It is therefore considered by the Court that the plaintiff take nothing by
his suit in this behalf but that the defendant go hence without day and recover of the plaintiff his
costs and charges herein expended and have execution therefor. The plaintiff files a motion to
set aside the no suit herein.
Ordered that a Pluries Summons issue herein for
Confession of Judgment.
Now comes the defendant, and files a statement writing duly verified by
affidavit, whereby be confesses himself indebted to the plaintiff in the sum
of six hundred dollars and consents that judgment may be rendered herein
in favor of the plaintiff an against him for that amount. It is therefore considered by the Court
that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as confessed and
his costs herein expended and have execution therefor.
Answer filed.
Answer filed.
Dismissal.
On motion of the plaintiff by her attorney, it is ordered by the Court that
this cause be dismissed.
Continued as on affidavit at plaintiffs costs.
Dismissal.
By consent of parties it is ordered by the Court that this cause be dis
missed at the costs of the defendants and that execution issue therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause
be dismissed at the costs of the defendants and that execution issue therefor.
Continued on affidavit at defendants costs.
Continued.
Continued.
Continued on affidavit at defendants costs.
Continued as on affidavit at plaintiffs costs.
Continued by consent at plaintiff costs.
Reply of garnishees filed.
Reply filed.
Court met pursuant to adjournment. Present as before.
Motion for a new trial filed.
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly
summoned and called comes not but makes default, wherefore, on mo
tion of the plaintiff, it is ordered by the Court that the petition herein
be taken against him as confessed Cause continued.
Order of Citation.
Now comes the plaintiff, by his attorney and submits to the
Court his motion for an order on the claimant of the find
garnisheed to appear and sustain claim and it appearing
to the Court that the said garnishee alleges in his answer that
the fund garnisheed in his hands has been assigned by the defendant
one
tiff therefore it is ordered by the Court that the said
tain his claim, if any he have, to said fund.
On motion of
is ordered by the Court that the default herein taken against
him be set aside; Leave given said
Depositions for plaintiff opened and filed.
Confession of Judgment.
Now comes the defendant and files a statement in writing duly
verified by affidavit whereby he confesses himself indebted to the
plaintiffs in the sum of Six hundred and twenty one dollars and
ninety eight cents, and consents that judgment may be rendered
against him for that amount. It is therefore considered by the Court that the plaintiffs
recover of the defendant the sum aforesaid in form aforesaid as confessed together with
interest thereon from this date until paid and their costs herein expended and have execution
therefor.
On consideration of the defendants motion for security for costs
herein, it is ordered that the same be sustained. Ten days to file
security. Separate answers filed.
It is ordered that the motion for security for costs be sustained. Ten
days to file security. Answer filed.
Agreement filed.
Answer and set off filed.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that this cause be dismissed at the plaintiffs costs and that execution
issue therefore.
Default.
Now comes the plaintiff, by her attorney, but the defendant although
duly warned and called comes not but makes default, wherefore
on motion of the plaintiff, by her attorney, it is ordered by the Court
that the petition herein be taken against him as confessed.
On motion of
is ordered by the Court that the default herein taken against
him be set aside and for naught held. Leave given
said
Plaintiff files a bond for costs herein.
Now comes the plaintiff, by his attorney, and submits to the Court
his motion to make the City of St Louis and certain other par
ties defendants to the Court, and it appearing to the Court
that
of said
the land in controversy in this suit, and that
Clemens
and it also appearing to the Court that on the
hundred and fifty eight
ary Term, eighteen hundred and fifty eight
and the said children and heirs of said
to show cause why they should not be made parties to this suit and said sure facias
has been duly sewed upon the said parties. It is therefore ordered by the Court that the
said City of St Louis,
defendants to this suit, and that the plaintiff prosecute the same against the said City
of St Louis and children and heirs of said
The Court having duly heard and considered the defendants motion
for security for costs herein and being thereof fully advised doth
sustain the same, and doth order that the plaintiff file security for costs herein within ten days.
Appointment of
Now comes the plaintiff, by his attorney, and submits his
motion for the appointment of a receiver to the Court and the
Court having duly heard and considered the same doth
order that
with the power and duty to collect, receive, sue for and recover the subscriptions to the cap
ital stock of the said
interest of said
to the capital stock of said City Bank subject to the further orders and directions of the
Court, and make report of his proceedings herein; and the said
before entering on the discharge of his duties to file a good and sufficient bond in the sum
of ten thousand dollars, conditioned according to law.
The Court having duly heard and considered the defendants motion
for security for costs herein and being thereof fully advised doth sustain
the same and doth order that the plaintiff file security for costs herein
within ten days from this date.
On Bill of Exchange.
Now comes the plaintiff, by his attorney, but the
defendants although duly summoned and called
come not but make default, wherefore, on motion
of plaintiff, it is ordered by the Court that the
petition herein to taken against them as confessed;
and the Court finds from the instrument inser
ting on which this action is founded that the defendants are indebted to the plaintiff in the
sum of five thousand eight hundred and forty six dollars and thirty cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendants the sum aforesaid in form
aforesaid as found and his costs herein expended and have thereof execution.
On Bill of Exchange.
Now comes the plaintiff, by his attorney but the
defendants although duly summoned and called,
come not but make default, wherefore, on motion
of the plaintiff it is ordered by the Court that the
petition herein be taken against them as confessed:
and the Court finds from the instrument in writing
on which this action is founded that the defendants are indebted to the plaintiff in the sum
of five thousand nine hundred and fourteen dollars and twenty cents. It is there fore con
sidered by the Court that the plaintiff recover of the defendants the sum aforesaid in form afore
said as found and his costs herein expended and have execution therefore.
On consideration of the plaintiffs motion to strike out parts of
the answer herein, it is ordered that the same be sustained.
Reply to Supplemental answer filed.
Motion to strike out reply filed.
The plaintiffs exceptions to said garnishees answer being heard
and fully considered by the Court it is ordered that the same
be sustained. Ten days given to amend.
The motion to discharge said garnishees being heard and
fully considered by the Court it is ordered that the same be overruled.
The plaintiffs exceptions to the answer of the garnishees
T Camp
considered by the Court it is ordered that the same be
sustained. Ten days given to amend.
The plaintiffs exceptions to the answer of the garnishees
T Camp
by the Court it is ordered that the same be sustained.
Ten days given said garnishees to amend.
The defendant withdraws the motion for security for costs herein.
The plaintiffs motion to strike out defendants answer and coun
terclaim and for judgment being heard and fully understood
by the Court, it is ordered that the same be overruled.
The demurrer to the petition herein being heard and fully
considered by the Court it is ordered that the same
be overruled. Ten days is given defendants to answer.
Court met pursuant to adjournment. Present as before.
emancipation to his slaves
and her two children
Depositions for plaintiff opened and filed.
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore, on motion
of the plaintiffs, it is ordered by the Court that the petition herein be taken
against the said defendant as confessed.
Dedimus to Illinois for plaintiffs.
On motion of the plaintiffs, by their attorney, leave is given them to with
draw the alias summons issued to Jefferson Country.
Order of Publication. Attachment.
Now comes the plaintiff, by his attorney, and on his motion, and it
appearing to the satisfaction of the Court that the defendants cannot be
summoned in this action, it is ordered by the Court that they be no
tified that a civil action has been commenced against them for the
sum of three hundred and fifty one dollars and eighty seven cents,
founded on two promissory notes executed to the plaintiff by the dependants, under the name
and style of Myron F Benjamin and Company, and that their property has been attached
and unless they be and appear at the next term of this Court to be begun and holder at the
City of St Louis within and for the County of St Louis, on the last Monday of September
next, and on or before the third day thereof answer the plaintiffs petition judgment will be
rendered against them and their property sold to satisfy the same. It is further ordered
that a copy hereof be published according to law in the Missouri Democrat, newspaper
printed and published in the City of St Louis. Cause Continued.
Continued.
Continued.
Continued.
Continued
Continued.
Continued.
Continued.
On motion of the plaintiffs, by their attorney, leave is given the
Clerk to affix the Jurat to the affidavit to the petition as of
the
eight
tion to dissolve the attachment herein.
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the de
fendants cannot be served with the ordinary process of
law, therefore, on motion of the plaintiffs, by their attorney,
it is ordered by the Court, that they be notified that a civil
action has been commenced against them
the storage of certain powder by the plaintiffs for and
on account of the defendants, amounting to the sum of
three hundred and ninety eight dollars and twenty five cents; and that their property has
been attached and unless they be and appear at the next term of this Court to be begun and
held at the City of St Louis within and for the County of St Louis on the last Monday of
September next and on or before the third day thereof answer the plaintiffs petition judg
ment will be rendered against them and their property sold to satisfy the same. It is
further ordered that a copy hereof be published according to law in the Missouri Democrat
a newspaper printed and published in the City of St Louis.
Now comes the plaintiff, by his attorney and files proof satisfactory to the
Court that the order of publication made herein has been duly published
according to law.
On notes.
Now comes the plaintiff, by his attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore, on
motion of the plaintiff, it is ordered by the Court that the petition herein
be taken against the said defendant as confessed; and the Court finds from the instruments
in writing on which this action is founded that the defendant is indebted to the plaintiff in
the sum or two hundred and thirty three dollars and eighty cents. It is therefore considered by
the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as
found and his costs herein expended and have there for execution.
Continued by consent.
Continued by consent.
Continued.
Continued.
Continued.
Continued by consent at the
plaintiffs costs.
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to
the defendant,
Keune
fault, wherefore, on motion of the said plaintiff it is ordered by the Court
that the petition herein be taken against them as confessed; and the Court
finds from the instrument in writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of two hundred and thirty nine dollars and forty two cents.
It is therefore considered by the Court that the plaintiff recover of the defendants the sum afore
said in form aforesaid as found and his costs herein expended and have execution therefore. Judg
ment to bear eight per cent interest.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that this cause be dismissed at his costs and that execution issue
therefore. By leave plaintiff withdraws note sued on.
Dismissed.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that this cause be dismissed at his costs and that execution issue
therefore. Note withdrawn by plaintiff by leave of Court.
Dismissal.
On motion of the plaintiff, by his attorney it is ordered by the Court that
this cause be dismissed at the costs of the plaintiff and that execution issue
therefore. Plaintiff withdraws note by leave of Court.
Dismissal.
On motion of the plaintiff, by his attorney it is ordered by the Court
that this cause be dismissed at the plaintiff costs and that execu
tion issues therefore. Plaintiff withdraws note by leave of Court.
Dismissal. Divorce suit.
By consent of parties, it is ordered by the Court that this cause be dis
missed at the defendants costs and that execution issue therefore.
Dismissal.
On motion of the plaintiff, by his attorney it is ordered by the Court
that that this cause be dismissed at the plaintiff costs and that execution therefore.
Dismissal.
On motion of the plaintiff, by his attorney it is
ordered by the Court that this cause be dismissed
at his costs and that execution issue therefore.
Ordered that a dedimus issue to Pennsylvania for defendant
The Court having duly heard and considered the defendants motion for
security for costs herein and being thereof fully advised doth sustain the
same and doth order that the plaintiff file a good and sufficient
security for costs within ten days.
On notes.
Now come the parties, by their respective attorneys, and thereupon come also
a Jury, to wit:
Gage
meyer
elected tried and sworn well and truly to try the issues herein joined well and truly to try the
trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the
plaintiff and asess the damages at the sum of eighteen hundred and twenty five dollars.
It is therefore considered by the Court that the plaintiff recover of the defendant the sum afore
said inform aforesaid as found and his costs herein expended and have execution therefore.
Court met pursuant to adjournment. Present as before.
Who is personally known to the Court, comes into Court, and acknowledges
the execution of a deed of emancipation to his slave
mulatto aged about five feet seven inches in height.
Dismissal.
On motion of the plaintiff, by his attorney it is ordered by the Court
that this cause be dismissed at his costs and that execution issue therefore.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
this cause be dismissed.
Continued.
Continued.
Continued.
Continued.
Continued.
Assignment of judgment to
Continued.
Continued
On note.
Now come the plaintiffs and defendant, palmer, by their respec
tive attorneys, and the plaintiffs dismiss this suit as to the defen
dant
filed herein, whereby this action remains undefended whereupon
on motion of the plaintiffs, by their attorney, it is ordered by the
Court that the petition herein be taken against him as confessed:
and the Court finds from the instrument in writing on which this action is founded that
the defendant,
dollars and thirty seven cents. It is therefore considered by the Court that the plaintiffs re
cover of the defendant the sum aforesaid in form aforesaid as found and their costs herein
expended and have execution therefor.
Motion to suppress depositions filed.
Continued by consent at plaintiffs costs.
Now comes the plaintiff, by her attorney, and files proof satisfactory to the
Court that the order of publication here to fore made herein has been duly
published according to law.
On note.
Now comes the plaintiff, by his attorney, but the defen
dant, although duly summoned and called, comes not but
makes default, wherefore, on motion of the said plaintiff,
by his attorney, it is ordered by the Court that the petition herein be taken against
the said defendant as confessed: and the Court finds from the instrument in wri
ting on which this action is founded that the defendant is indebted to the plaintiff
in the sum of four hundred and twelve dollars and ninety six cents. It is therefore
considered by the Court that the plaintiff recover of the defendant the sum afore
said inform aforesaid as found and his costs herein expended and have
execution therefor.
Dismissal.
On motion of the plaintiff, by his attorney it is ordered by the Court
that this cause be dismissed at the plaintiff costs and that
execution issue therefore.
Claim of
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that this cause be dismissed at the plaintiffs costs and that execution
issue therefore.
Court met pursuant to adjournment. Present as before.
The plaintiffs motion to strike out the defendants plea in
abatement being heard and fully considered by the Court, it
is ordered that the same be sustained.
The plaintiffs motion to strike out the plea in abate
ment being heard and fully considered by the Court it
is ordered that the same be sustained.
On motion of the said garnishees it is ordered
by the Court that they be discharged hence at
the costs of the plaintiff and that execution issue
therefore. Ten dollars allowed each of them for answering.
Replication filed.
Amended petition filed.
Motion to strike out part of answer filed.
By consent of parties, it is ordered by the Court that the judgment
herein be set aside and for naught held and esteemed Coun
terclaim filed by consent.
Court met pursuant to adjournment. Present as before.
Continued.
Continued.
Continued
Continued generally.
Continued generally.
Answer filed.
Amended petition filed
On note.
Now come the plaintiff and defendant,
and the said defendant withdraws his answer herein leaving this suit un
defended and the defendant,
and called comes not but makes default; it is therefore, on motion of
the plaintiff ordered by the Court that the petition herein be taken against the said defen
dants as confessed; and the Court finds from the instrument in writing on which this action
is founded that the defendants are indebted to the plaintiff in the sum of eight hundred
and forty one dollars and eighty cents. It is therefore considered by the Court that the plaintiff
recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein
expended and have execution therefore.
On note.
Now comes the plaintiff, by his attorney, but the defendants although
duly summoned and called, come not but make default, wherefore
on motion of the plaintiff it is ordered by the Court that the
petition herein be taken against them as confessed: and the Court
finds from the instrument in writing on which this action is founded that the defendants
are indebted to the plaintiff in the sum of twelve hundred and fourteen dollars and twelve
cents. It is therefore considered by the Court that the plaintiff recover of the defendants the
sum aforesaid in form aforesaid as found and his costs herein expended and have
execution therefore.
Now come again the plaintiffs, by their attorney and file proof
satisfactory to the Court that the order of publication made herein
has been duly published according to law.
Dismissal.
Now comes the defendant, by its attorney, but the plaintiff
although called, comes not, wherefore on motion of
the defendant, it is ordered by the Court that this
cause be dismissed at the costs of plaintiff and that execution issue therefore.
The motion to suppress the plaintiffs depositions being heard and
fully considered by the Court it is ordered that the same be overruled:
and this cause is continued on application of plaintiff at his costs.
Now comes the plaintiff, by his attorney, and files proof satisfactory
to the Court that the order of Publication made herein has been duly
published according to law.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that this cause be dismissed at his costs and that execution issue therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
this cause be dismissed at his costs and that execution issue therefor.
Petition on Judgment.
Now come the plaintiffs, by their attorney, but the defendant, although
duly warned and called comes not but makes default, wherefore
on motion of the plaintiffs, it is ordered by the Court that the
petition herein be taken against him as confessed; and the plain
tiffs submit this cause to the Court upon the pleadings and proofs and the Court doth find
there from that the defendant is indebted to the plaintiffs in the sum of fourteen hundred
and ninety one dollars and thirteen cents. It is therefore considered by the Court that the
plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and their
costs herein expended and have execution therefore. Against the property attached.
Petition on Judgment.
Now comes the plaintiffs, by his attorney, but the defendant, although
duly summoned and called, comes not but makes default, where
fore on motion of the plaintiffs, it is ordered by the Court that
the petition herein be taken against him as confessed; and the plaintiffs submit this
cause to the Court upon the pleadings and proofs and the Court doth find there from
that that the defendant is indebted to the plaintiffs in the sum of Eleven thousand four
hundred and eleven dollars and twenty three cents. It is therefore considered by the Court
that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found
and his costs herein expended and have execution therefor.
Now comes
having made oath faithfully to discharge his duties as such
receiver files a bond in the sum of ten thousand dollars,
conditioned according to law, with
which bond is approved by the Court.
Denial of said garnishees answer filed.
On Contract.
Now come the parties, by their attorneys, and the defendant
need, withdraws his answer herein and confesses judgment in
favor of the plaintiff for the sum of four hundred dollars and
consents that judgment may be rendered herein against him
for that sum: and the plaintiff and defendant,
cause to the Court upon the pleadings and proofs and the Court having duly heard and con
sidered the same doth find the issues herein joined in favor of the said defendant. It
is therefore considered by the Court that the plaintiff take nothing by his suit in this
behalf against the defendant
recover of the plaintiff his costs herein expended, and that the plaintiff recover of the defen
dant, Need, the sum aforesaid in form aforesaid as Confessed and his costs herein ex
pended and have execution therefor. Thereupon the plaintiff acknowledges to have re
ceived full and entire satisfaction of the above judgment.
Confession of Judgment.
Now come the defendants and file a statement in writing
duly verified by affidavit, whereby they confess themselves
indebted to the plaintiffs in the sum of twenty one hun
dred and fifty eight dollars and sixty five cents, and consent
that judgment may be rendered against them in favor
of the plaintiffs for that sum. It is therefore considered
by the Court that the plaintiffs recover of the defendants the sum aforesaid in form afore
said as confessed and their costs herein expended and have execution therefor.
accrue herein and files a bond to that effect.
crue cherein and files a bond to that effect.
Ordered that dedimus issue to Indiana and Illinois for
defendants.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that this cause be dismissed at his costs and that execution issue
therefor.
Dismissal.
Now comes the defendant by his attorney but the plaintiff although
duly called comes not, wherefore on motion of defendant, it is
ordered by the Court that this cause be dismissed at the costs
of said plaintiff and that execution issue therefor.
Continued by consent.
Demurrer to Counterclaim filed.
Now comes the plaintiff by his attorney, and acknowledges to have re
ceived full and entire satisfaction of the judgment rendered herein on
the
Now comes the plaintiff by his attorney, and acknowledges to have
received full and entire satisfaction of the judgment rendered herein
on the
On notes.
Now come the parties, by their attorneys, and waiving a Jury sub
mit this cause to the Court upon the pleadings and proofs and
the Court having duly heard and considered the same doth
find the issue herein joined in favor of the plaintiff and
doth assess the damages at the sum of eleven thousand
one hundred and forty four dollars and seventy two cents. It is therefore considered by the
Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as assessed
and its costs herein expended and have execution therefore.
Petition on Note.
Now come the plaintiff and the defendant,
attorneys, and also a Jury to wit;
Diner
twelve good and lawful men who being duly elected tried and sworn
the issued herein joined well and truly to try the trial progressed
and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff. It is
therefore considered by the Court that the defendant
of this suit was a non resident of the State of Missouri: Thereupon the said defendant
burry
default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be
taken against the said defendant as confessed: and the Court finds from the instrument in
writing on which this action is founded that the defendants are indebted to the plaintiff in the sum
of three thousand two hundred and forty nine dollars and forty seven cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendants the sum a foresaid in form afore
said as found and his costs herein expended and have execution therefore against the defendant
attached herein.
Dismissal.
By consent of parties it is ordered by the Court that this
cause be dismissed at the defendants costs and that execu
tion issue therefore.
Order of Publication.
Now comes the plaintiff ands files a petition and also an affidavit
from which if appears to the Court that the defendant is a non resident
of the State of Missouri, therefore on motion of the said plaintiff, by her
attorneys, it is ordered by the Court that the defendant be notified that a civil action has been
commenced against him to obtain a decree of divorce from him on the ground of willful
desertion and unless he be and appear at the next term if this Court to be begun and held at
the City of St Louis within and for the County of St Louis on the last Monday of September next
and on or before the sixth day thereof answer the plaintiffs petition the same will be taken
against him as confessed. It is further ordered that a copy hereof be published, according to
law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
Court pursuant to adjournment. Present as before.
Now come the assignees herein,
also a bond in the sum of twenty eight thousand one
hundred dollars, which is approved by the Court; and the Court appoints
and
filed.
Depositions for defendants opened and filed.
Abstract of issue filed.
By leave of Court the plaintiff withdraws the note sued on and
files a copy therefor.
On motion of the plaintiff, by his attorney it is ordered by the Court that
this cause be dismissed at his costs and that at execution issue therefor.
note withdrawn by leave Copy filed.
On motion of the plaintiff, by his attorney it is ordered by the Court that the said
garnishee be discharged at his costs and that execution issue therefor.
Motion to strike out parts of answer filed. Abstract of issues
filed.
On motion of the plaintiff, by his attorney it is ordered by the Court
that the order of dismissed herein be set aside and for naught
held and esteemed.
On Bill of Exchange.
Now come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
on motion of the plaintiffs, it is ordered by the Court that the
petition herein taken against him as confessed; and the Court finds
from the instrument in writing on which this action is founded that the defendant is indebt
ed to the plaintiffs in the sum of two hundred and seven dollars and forty five cents. It is there
fore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid inform
aforesaid as found and their costs herein expended and have execution therefor.
The Court having duly heard and considered the Demurrer to
the petition herein and being thereof fully advised doth overrule
the same. Leave is given plaintiffs to amend.
Order of Publication.
It appearing to the satisfaction of the Court that the defendant cannot be
summoned in this action therefore, on motion of the plaintiff, by her attorney,
it is ordered by the Court that he be notified that a civil action has been
commenced against him the object of which is to obtain a decree of divorce from him on
the ground of desertion and also to obtain the custody and control of the infant child,
ginia W Wiley
term of this Court to be begun and held at the City of St Louis, within and for the County
of St Louis, on the last Monday of September next and on or before the sixth day thereof
answer the plaintiffs petition the same will be taken against him as confessed. It is fur
ther ordered by the Court that a copy of this order be published according to law in the
Missouri Democrat a newspaper printed and published in the City of St Louis.
Order of Injunction.
On reading and fifty the petition and the plaintiffs having filed a
bond, in the sum of twelve hundred dollars, conditioned according to
law, with good and sufficient security, which is approved by the Court,
it is ordered that the defendants and each of them, their servants,
agents and attorneys, be restrained and enjoined from selling or
proceeding to sell, until the further order of this Court, the following
described lots situate in the City and County of St Louis, or any of them, to wit: lots no one,
two, three, four, five, and six in block number five of a subdivision of
addition to the City of St Louis, having an aggregate front on the West side of Second Caron
delet avenue of one hundred and seventy one feet by a depth of one hundred and twenty nine
feet four inches to an alley bounded North by Lynch Street, East by Second Carondelet avenue,
South by lot no Seven in said block and West by said alley.
Garnishment.
Now come the plaintiff and the garnishees, by their respec
tive attorneys, and it appearing to the Court form the
answer of said garnishees that at the time they were
summoned herein as such they were indebted to the
defendants in the sum of six hundred and seventy
five dollars and thirty two cents, and it also appearing
to the Court that the amount of the original judgment herein is six hundred and forty
nine dollars, therefore it is considered by the Court that, after deducting the sum of thirty
dollars which is allowed for answering herein, the plaintiff recover of the said garnishees the
balance being the sum of six hundred and forty five dollars and seventy two cents and
have execution therefor, and that out of said sum the plaintiff pay the costs as well of the
original suit as of this proceedings.
The defendants motion for security for costs being heard and fully consid
ered by the Court it is ordered that the same be sustained and that
the plaintiff file security for costs herein in ten days.
Agreement file and five days given
herein.
Garnishment.
Now come the plaintiff and the garnishees, by
their respective attorneys, and waiving a Jury, sub
mit this proceeding to the Court upon the plea
dings and proofs and the Court having duly heard
and considered the same doth find the issues
herein joined in favor of the garnishees. It is
therefore considered by the Court that the plaintiff take nothing by this proceeding but
that the said garnishees go hence without day and recover of the said plaintiff their costs
and charges herein expended and have execution therefor. The Court allows the said
garnishees the sum of fifty dollars, for their attorneys fees, and also the sum of fifteen
dollars for appearing herein to be taxed as costs. Motion for a new trial filed by plaintiff.
Garnishment.
Now come the plaintiff and the
garnishees, by their respective attorneys, and waiving
a Jury, submit this proceeding to the Court upon the
pleadings and proofs and the Court having duly
heard and considered the same doth find the
issues herein joined in favor of the garnishees. It is
therefore considered by the Court that the plaintiff take nothing by their proceeding in
this behalf but that the said garnishees go hence without day and recover of the plaintiff
their costs and charges herein expended and have execution therefor. The Court al
lows the said garnishees the sum of fifty dollars, for their attorneys fees, and also the
further sum of fifteen dollars for appearing and a cuering in this behalf to be
taxed as costs. Motion for a new trial filed by plaintiff.
Garnishment.
Now come the plaintiff and the garnishees, by
their respective attorneys, and waiving a Jury, submit this pro
ceeding to the Court upon the pleadings and proofs and
the Court having duly heard and considered the same
doth find for the garnishees. It is therefore considered
by the Court that the plaintiff take nothing by this proceeding but that the said garnishees
go hence without day and recover of the said plaintiff their costs and charges herein expended
and have execution therefor. The Court allows the said garnishees the sum of fifty dollars,
for their attorneys fees, and also the sum of fifteen dollars for appearing herein to be taxed as
costs. Motion for a new trial filed by plaintiff.
Garnishment. Now come the plaintiff and the garnishees,
by their respective attorneys, and waiving a Jury, submit this
proceeding to the Court upon the pleadings and proofs
and the Court having duly heard and considered
the same doth find the issues herein in favor
of the garnishees. It is therefore considered by
the Court that the plaintiff take nothing by this proceeding but that the said
garnishees go hence without day and recover of the said plaintiff their costs and char
ges in this behalf expended and thereof execution. The Court allows the said
garnishees the sum of fifty dollars, for their attorneys fees, and also the sum of fifteen
dollars for appearing herein to be taxed as costs. Motion for a new trial
filed by plaintiff.
Order of Sale.
On application of the assignees herein, it is ordered by the Court
that they proceed to sell the property, and effects assignees at
public or private sale for cash or on ninety day credit, as
they may deem best; and if sold on credit payment to be secured by a negotiable promissory
note of responsible parties; provided, however, that if said property and effects be sold at private
sale, the same shall not be sold for less than the appraised value.
Court met pursuant to adjournment. Present as before.
Motion to suppress plaintiffs depositions filed.
this Bar.
In pursuance of Section thirty nine of an act entitled, an act concern
ing the County of St Louis, approved
dred and fifty nine
Competent and in partial citizen of St Louis County, one of the Commissioners to examine
into the condition of the affairs if St Louis County and their management during the five years
next proceeding the
the said
Dismissal.
On motion of the plaintiffs, by their attorneys, it is ordered by the
Court that this cause be dismissed at the plaintiffs costs and that
execution issue therefor.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Amended petition and affidavit filed by leave of Court. Plea
in abatement filed.
Now comes the plaintiff, by his attorney, and files proof satisfactory to the
Court that the order of publication made herein has been duly published
according to law. Cause continued.
Subpoena dues
Dismissal.
On motion of the plaintiff, by its attorney, it is
ordered by the Court that this cause be dismissed at its costs
and the execution issue therefor.
Dismissal.
On motion of the plaintiffs, by their attorneys, it is ordered by the Court
that this cause be dismissed at the plaintiffs costs and that execu
tion issue therefor.
The defendants demurer to plaintiffs second amended petition herein
being heard and fully understood by the Court it is ordered that the same
be and is hereby sustained.
On Contract.
Now again come the parties, by their respective attorneys, and the
Court being now sufficiently advised of and concerning the premises
doth find the issues herein joined in favor of the plaintiffs and assess
their damages at the sum of fourteen hundred and three dollars and
twenty six cents. It is therefore considered by the Court that the plaintiffs recover of the de
fendant the sum aforesaid in form aforesaid as assessed and their costs herein expended and
have execution therefore.
Dedimus ordered to Illinois for defendants.
Continued no one appearing.
Amended motion to strike out parts of answer filed by consent and
the Court having duly heard and considered the said motion doth order
that the same be sustained.
Court met pursuant to adjournment. Present as before.
of this Bar.
Depositions for opened and filed.
Continued.
Continued.
Continued.
By consent of parties it is ordered by the Court that the default herein
taken be set aside and vacated.
Reply to Counter claim of
On motion of the defendant, by his attorney, two weeks additional
time is given him to answer herein.
By consent the plaintiffs file an amended petition herein and the
defendants
draw their answers to the petition herein and refile the same by con
sent as answers to the said amended petition.
By consent the plaintiffs file an amended petition in this cause, and the
defendants,
their answers to the petition herein and refile the same by consent as answers
to the said amended petition.
By consent of parties, it is ordered by the Court that the said
garnishees be discharged hence at the plaintiffs costs and
that execution issue therefor. The sum of twenty five dollars
is allowed each of said garnishees for appearing and answering herein
Continued as on affidavit at plaintiffs costs.
Exceptions to depositions filed.
On note.
Now come the parties, by their respective attorneys, and
waiving a Jury, submit this cause to the Court upon the
pleadings and proofs and the Court having duly heard
and considered the same doth find there from that
the defendant are indebted to the plaintiffs in the sum
of three hundred and sixty five dollars and forty seven
cents. It is therefore considered b y the Court that the
plaintiffs recover of the defendants the debt aforesaid
in form aforesaid as found and their costs herein ex
pended and have execution therefor.
On motion of the plaintiff, by his attorneys, it is ordered by the Court
that this cause be dismissed at his costs and that execution issue therefor.
Continued by consent of parties.
On motion of the plaintiff, by his attorneys, it is ordered by the
Court that this cause be dismissed at his costs and that
execution issue therefor.
Continued by consent at plaintiffs costs.
This cause being called for trial and no one appearing to prosecute the
same it is ordered by the Court this cause be dismissed at the plaintiffs
costs and that execution issue therefor.
Continued as on affidavit at plaintiffs costs.
Now comes the defendant, by his attorney, and the plaintiff
having failed to amend, it is there fore on motion of the said
defendant, ordered by the Court that the judgment on the demur
rer herein be made final. It is therefore considered by the Court that the plaintiff take
nothing by his suit in this behalf but that the defendant go hence without day and
recover of the said plaintiff his costs and charges herein expended and have execution therefore.
Answer filed.
Continued.
Now comes the defendant, by his attorney, and the defendant
failing to amend, it is therefore, on motion of said defendant,
considered by the Court that the plaintiff take nothing by her suit
in this behalf but that the defendant go hence without day. Bill of Exception filed
by plaintiff.
On motion of the plaintiff, by his attorneys, it is ordered by the Court
that this cause be dismissed at the said plaintiff costs and
that execution issue therefor.
On Bill of Exchange.
Now come the plaintiffs, by their attorney, but the defendant, although
duly warned and called comes not but makes default, wherefore on
motion of the plaintiffs, it is ordered by the Court that the petition
herein be taken against him as confessed; and the Court finds from
the instruments in writing on which this action is founded that the defendant are indebted to
the plaintiffs in the sum of six hundred and fifty eight dollars and thirty one cents. It is
therefore considered by the Court that the plaintiffs recover of the defendant the sum afore
said in form aforesaid as found and his costs herein expended and have execution therefor.
Now comes the defendant, by his attorney, but the plaintiff, although duly
called, comes not wherefore on motion of said defendant, it is considered
by the Court that the plaintiff take nothing by his suit in this behalf but
that the defendant go hence without day and recover of the said plaintiff his costs herein ex
pended and have execution therefore.
On notes.
Now come the plaintiffs, by its attorney, but the defendants
although duly summoned and called, comes not but make
default, wherefore on motion of the plaintiffs, it is ordered by
the Court that the petition herein be taken against him as con
fessed; and the Court finds from the instruments in writing on
which this action is founded that the defendants are indebted
to the plaintiffs in the sum of nine hundred and fifty nine dollars and thirty five cents. It is
therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid
in form aforesaid as found and his costs herein expended and have execution therefor.
On notes.
Now come the plaintiffs, by their attorney, but the defen
dants, although duly summoned and called, comes not but
makes default, wherefore on motion of the plaintiffs, it is or
dered by the Court that the petition herein be taken against
them as confessed; and the Court finds from the instru
ments in writing on which this action is founded that the defendants are indebted to the plain
tiff in the sum of thirteen hundred and sixty eight dollars and thirty five cents. It is there
fore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form
aforesaid as found and his costs herein expended and have execution therefor.
On notes.
Now come the plaintiffs, by its attorney, but the defen
dants, although duly summoned and called, come
not but makes default, wherefore on motion of the
plaintiffs, it is ordered by the Court that the petition herein
be taken against him as confessed; and the Court finds
from the instruments in writing on which this action is founded that the defendants are indebt
ed to the plaintiff in the sum of thirteen hundred and sixty eight dollars and thirty five cents.
It is therefore considered by the Court that the plaintiff recover of the defendants the sum afore
said in form aforesaid as found and his costs herein expended and have execution therefor.
Dedimus ordered to Illinois for plaintiff.
Dedimus ordered to Illinois for plaintiff.
On motion of the defendant, by his attorney, leave is given him to with
draw from the files the deposition taken in his behalf.
On Bill of Exchange.
Now come the parties, by their respective attorneys, and also
a Jury, to wit;
good and lawful men, who being duly elected, trial and sworn the issues herein jointed well
and truly to try the trial progressed and being finished the Jury retire to consider of there verdict.
Court met pursuant to adjournment. Present as before.
deed of emancipation to her slave Harriet alias
four years old, and marked by a burn on her night arm first above her wrist.
Depositions for plaintiffs opened and filed.
On note.
Now come the parties, by this respective attorneys, and the defen
dant withdraws so much of his answer as sets up a counter claim,
and the parties waiving a Jury submit this cause to the Court upon
the pleadings and proofs, and the Court having duly heard and con
sidered the same doth find there from that the defendant is in
debted to the plaintiffs in the sum of eleven hundred and forty five dollars and fifteen cents.
It is therefore considered by the Court that the plaintiffs recover of the defendant the sum afore
said in form aforesaid as found and his costs herein expended and have execution therefor.
Motion for a new trial filed.
summoned so to do.
By consent of parties it is ordered by the Court that the judg
ment herein rendered be set aside and vacated, and leave is
given the defendants to answer.
By consent of parties it is ordered by the Court that the judg
ment herein rendered be set aside and vacated, and leave is
given the defendants to answer.
By consent of parties it is ordered by the Court that the judg
ment herein rendered be set aside and vacated, and leave
is given the defendants to answer.
Continued on affidavit at plaintiffs costs.
Continued.
Continued.
On Bill of Exchange. Now come the parties, by their respective attorneys, and
also the Jurors empanelled and sworn herein, Except
Keiler
attend, thereupon the parties consent that the remaining eleven
Jurors may render a verdict herein, and the Jurors being agreed upon a verdict upon their oaths
find for the defendants. It is therefore considered by the Court that the plaintiff take nothing by
its suit in this behalf, but that the said defendants go hence without day and recover of the
said plaintiffs their costs and charges herein expended and have execution therefor.
Petition for Damages. Now come the parties, by their respective attorneys, and also a Jury, to wit;
Abbott
Koch
men who being duly elected, trial and sworn the issues herein joined well and truly to try the
trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the
plaintiffs and assess their damages at the sum of two hundred and thirty dollars. It is
therefore considered by the Court the plaintiffs recover of the defendant the damages aforesaid
in form aforesaid by the Jury assessed and their costs herein expended and have execution
therefor.
Petition for devoice. Now comes the plaintiff, by her attorneys, but the defendant, attorneys
duly called, comes not; thereupon the Court proceeds to hear the proof
herein and the hearing being finished and the Court being satisfied
from such proof of the good conduct of the plaintiff and that she is an innocent and injured
party doth order a judge and decree that she be absolutely and forever divorced from the bonds
of matrimony by the contracted with the defendant and be restored to all the nights and
Privileges of an unmarried person: and it is further ordered by Court that the plaintiff
have the care custody and control of the infant child mentioned in the petition; and it is
also ordered that the plaintiff pay the costs herein, and that execution issue therefor.
Continued as on affidavit at defendants costs on account of the
absence of
Petition on Account. Now come the parties, by their respective attorneys, and also come a
Jury, to wit;
A Robinson
elected trial and sworn the issues herein joined well and truly to try the trial progressed
but not being finished further proceedings herein are laid until to morrow morning.
Now comes the plaintiff, by his attorney, and files proof satisfactory
to the Court that the order of publication made herein has been
duly published, according to law.
Non suit.
Now comes the plaintiff, by his attorney, and says he will not
further prosecute this suit. It is therefore considered by the Court that
the plaintiff take nothing by his suit in this behalf, but that the
defendant go hence without day and recover of the said plaintiff his costs herein expended
and have execution therefor.
Court met pursuant to adjournment. Present as before.
Proof of service of order of citation filed. On motion of
Pipe
Motion to modify order appointing a Receiver filed.
The plaintiff having failed to file security for costs within the
time allowed him so to do, it is, therefore, on motion of the
defendants, by their attorney, ordered by the Court that this cause
be dismissed and that execution issue against the plaintiff for the costs herein.
The plaintiff having failed to give security for costs within the time
allowed him so to do, therefore, on motion of the defendants, by their
attorney, it is ordered by the Court that this cause be dismissed and that
execution issue against the plaintiff for the costs herein.
Petition on account. Now again come the parties, by the irrespective attorneys, and also the Jury
empanelled and summon herein, and there upon the trial progressed, and
being finished the Jurors a foresaid upon their at oaths aforesaid find for
the plaintiff and assess his damage at the sum of three hundred and thirty two dollars,
and ninety eight cents. It is therefore considered by the Court that the plaintiff recover of
the defendant the damages aforesaid inform aforesaid as assessed and also his costs herein
expended and have execution therefore.
Motion for a new trial filed by defendant.
Reply of Thomas L Salisbury to denial of answer filed.
petition for Divorce. Now come the parties, by their respective attorney, and thereupon
the Court proceeds to hear the proof herein but the heaving thereof
not being finished at the hour of adjournment further proceedings
herein are laid over until tomorrow morning.
Court pursuant to adjournment. Present as before.
answer filed.
answer filed.
answer filed by defendants.
The plaintiff having failed to file security for costs within the time allowed
him so to do, therefore on motion of the defendant, by his attorney, it is
ordered the Court that this causes be dismissed and that execution
issue against the plaintiff for the costs herein accused.
Order of Sale.
and files a statement from which it appears, that the
keeping of the property attached herein will be attached
with much expense before the probable termination of
this suit and is likely to depreciate in value; it is therefore
ordered that said sheriff Sell said property according to law, and that he make a re
port of his proceedings under this order on or before the find day of the next term of this Court.
answer to amended petition filed.
Order of Sale.
statement, from which it appears, that the keeping of the property attached
under herein will be attended with much expense before the
probable termination of this suit, and is likely to depreciate in value; it is therefore ordered
that said Sheriff sell said property according to law, and that he make a report of his pro
ceedings under this order on or before the first day of the next term of this Court.
Order of Sale.
statement, from which it appears that the keeping of the property attached
under the unit herein will be attended with much expense before the
probable termination of this suit and is likely to depreciate in value; it is therefore ordered
that said sheriff sell said property according to law and that he make a report of his pro
ceedings under this order on or before the first day of the next them of this Court.
to attend as a witness after having been duly summoned so to do.
Petition for Divorce. Now again come the parties, by their respective attorneys, and thereupon
the Court proceeds further to hear the proof herein and the hearing thereof
being concluded the Court doth take time to consider what judg
ment shall be rendered in the premises.
Petition on Bond.
Now come the parties, by the irrespective attorneys, and
also a Jury, to wit;
A Robinson
Baldwin
duly elected, tried and sworn the issues herein joined well and truly to try, the trial progressed
but not being finished further proceedings are laid over until Monday, morning.
Court met Pursuant to adjournment. Present as before.
In pursuance of Section thirty nine of an act entitled, an act concerning
the Country of St Louis, approved
and fifty nine
two discreet, competent and impartial citizens of St Louis Country, as Commissioners, to act in
conjunction with
the condition of the affairs of St Louis Country and their management during the five years next pro
ceeding the
the said commissioners make report to this Court as soon as may be.
Motion to dismiss filed.
No one appearing to prosecute this action it is ordered by the Court
that this cause be dismissed and that execution issue against the
plaintiff for the costs.
It is ordered by the Court that this cause be dismissed for want of prosecution
and that execution issue against the plaintiff for the costs.
On motion of the garnishees by their attorney, it is ordered
that they be discharged at plaintiffs costs and that execution
issue therefore. The sum of ten dollars is allowed each of
said garnishees for answering herein.
Decree of Divorce. Now again come the parties, by their respective attorneys, and the Court
being fully advised of and concerning the premises and being satisfied
that the plaintiff is a person of good moral character and that she is
an innocent and injured party, it doth order ad judge and decree that she be absolutely and
forever divorced from the bonds of matrimony by her contracted with the defendant and be
restored to all the rights and privileges of an unmarried person. Thereupon the plaintiff files a
petition for the restoration of her maiden name, wherefore it is ordered by the Court that her
present name be attached and changed to her maiden name of
the same be hereafter deemed and taken as her only proper and lawful name. And it
is further ordered by the Court that the defendant pay the costs herein expended and that
execution issue therefore.
Motion to strike out part of answer filed.
Petition on Bond. Now again come the parties, by their respective attorneys,
and also the Jury empanelled and sworn herein and
thereupon the trial progressed but not being finished is
laid over until to morrow morning.
Court that pursuant to adjournment. Present as before.
Now comes the plaintiff, by his attorney, but the defendant although duly
warned and solemnly called comes not but makes default, wherefore on
motion of the plaintiff, it is ordered by the Court that the petition herein
be taken against the said defendant as confessed.
On motion of said garnishee, by his attorney, it is ordered
by the Court that he be discharged hence at the plaintiffs
costs and that execution issue therefore. The sum of ten
dollars is allowed said garnishee for answering herein.
Dedimus to Pennsylvania for defendant ordered.
Continued generally
Continued generally.
Continued generally.
Continued generally.
Continued.
Continued.
On motion of the plaintiffs, by their attorney, it is ordered by the
Court that this cause be dismissed at the said plaintiffs costs
and that execution issue therefore.
Commission awarded plaintiff to take deposition.
Alias summons
ordered.
Alias summons ordered.
On notes. Now come the plaintiffs by their attorney, and dismiss this suit as
to the defendant,
moned and called comes not but makes default, wherefore, on motion
of the plaintiffs, it is ordered by the Court that the petition herein be
taken against him as confessed; and the Court finds from the in
strument in writing on which this action is founded, that the defendant,
to the plaintiff in the sum of fifteen hundred and seventy two dollars. It is therefore con
sidered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form
aforesaid as found and their costs herein expended and have execution therefore.
Petition on note. Now come the parties, by their respective attorneys, and waiving a Jury,
submit this cause to the Court upon the pleadings and proofs and
the Court having duly heard and considered the same doth find
that the defendants are indebted to the plaintiff in the sum of
seven hundred and twenty two dollars and forty four ants. His therefore considered by the Court that
the plaintiff recover of the defendant to the sum aforesaid in form aforesaid as friend and his costs
herein expended and have execution therefor.
Petition on Bond. Now again come the parties by their respective attorneys, and also
the Jury empanelled and sworn herein and there upon the trial of
this cause progressed and being finished the Jury retire to consider
of their verdict.
Deposition for defendant offered and filed.
Deposition for plaintiff offered and filed.
Now comes the plaintiff, by his attorney, and acknowledges the entire satisfaction
of the judgment rendered herein on the
Now comes plaintiff, by its attorney, and remits forty three dollars
and four cents off of the judgments rendered herein on the 6th
day of the present month.
Motion for a new trial filed.
Motion and affidavit in support of motion to set aside order of
dismissal filed.
Motion set aside order of dismissal filed.
Motion to set aside order of dismissal filed.
Depositions for plaintiffs opened and filed.
Court met pursuant to adjournment. Present as before.
Dedimus to District of Columbia ordered for defendant.
Separate answer of
Petition on Bond. Now again come the parties, by their respective attorneys,
and also the jury empanelled and sworn herein, and the
jury aforesaid being agreed upon a verdict upon their oaths
find for the plaintiff and assess his damages at the sum
of four hundred and seventy six dollars and fifty six cents.
It is therefore considered by the Court that the plaintiff recover of the defendants the sum
aforesaid in form aforesaid as assessed and also his costs herein expended and have execution
therefor.
On Application of
the time for setting the property or effects assigned at pri
vate sale is extended three months.
On motion of the plaintiff by his attorney, it is ordered by the Court
that this cause be dismissed at his costs and that execution issue therefor.
Depositions for plaintiff opened and filed.
Petition for Divorce. Now come the parties, by their respective attorneys, and there upon the trial
progressed and being finished the Court doth find the issues joined upon the
petition in favor of the defendant and doth also find the issues joined upon
the defendants cross bill in favor of the plaintiff. It is therefore considered by the Court that the
plaintiff take nothing by her suit in this behalf and that the defendant take nothing by his cross
bill herein but that the said parties go hence without day and that the defendant pay the costs
herein and that execution issue therefor.
On Plea in abatement. Now come the parties, by their respective attorneys, and also come a jury;
to wit;
Perret
Eversole
duly elected, tried and sworn the issue herein joined well and truly to the try the trial progressed,
but not being finished further proceedings are laid over until tomorrow morning.
of this Bar.
Court met pursuant to adjournment. Present as before.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
this cause be dismissed at his costs and that execution issue therefor.
Statement of issues filed.
Confession of Judgment. Now comes the defendant and files a statement in writing duly verified by
affidavit, whereby he confesses himself indebted to the plaintiff in the sum
of five hundred dollars and consents that judgment may be rendered against
him for that amount. It is therefore considered by the Court that the plaintiff recover of the
defendant the sum aforesaid in form aforesaid as confessed and also his costs herein expended and
have execution therefor. Judgment to bear interest at the per cent per annum.
On consideration of the demurrer to the petition herein it is or
dered by the Court that the same be overruled.
Continued.
Alias Summons ordered for
all the defendants.
Now come the plaintiff, by their attorney, and file proof satisfactory
to the Court that the order of publication made herein has been
duly published according to law.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication made herein has been duly
published according to law.
Now come the plaintiffs, by their attorney, and file proof satisfactory
to the Court that the order of publication made against the defen
dant, Champion, has been duly published according to law.
Reply to amended petition filed.
Assignment of judgment to
Lings
Continued by consent at defendants costs.
Petition for Divorce.
Now come Holmes and Romyn, attorneys for the defendant, and
withdraw their appearance herein as such; thereupon, comes the
plaintiff, by her attorney, but the defendant, although having been
duly summoned and being now solemnly, called, comes not but makes default, wherefore on
motion of said plaintiff it is ordered by the Court that petition herein be taken against him
as confessed; and after hearing the proof herein the Court being satisfied of the good conduct of the
plaintiff and that she is an innocent and injured party, doth order adjudge and decree that
she be absolutely and forever divorced from the bonds of matrimony by her contracted with
the defendant and be restored to all the rights and privileges of an unmarried person. It is further
ordered that the defendant pay the costs herein and that execution issue therefor.
Petition for Divorce.
Now comes the plaintiff, by her attorney, but the defendant although duly
called, comes not; thereupon the trial progressed and being finished and
the Court being fully advised of and concerning the premises doth find that
the plaintiff is a person of good moral character and an innocent and injured party, It is
therefore considered by the Court that the plaintiff be absolutely and entirely divorced from the
bonds of matrimony by her contracted with the defendant and be restored to all the rights and
privileges of an unmarried person, and that the plaintiff recover of the said defendants her costs
herein expended and have execution therefor.
Continued as on affidavit at defendants costs.
Continued by consent at plaintiffs costs.
Petition.
Now come the parties, by their respective attorneys, and
thereupon the defendants withdraw their counterclaim herein
and the parties, waiving a Jury, submit this cause to the
Court upon the pleadings and proofs, and the Court being
fully advised of and concerning the premises doth find
for the plaintiff and asses its damages at the sum of one hundred and fifty eight dollars and
thirty one cents. It is therefore considered by the Court that the plaintiff recover of the defendants
the damages aforesaid in form aforesaid as assessed and its costs herein expended and have
execution therefor.
Now again come the parties, by their respective attorneys, and also the Jury
empanelled and sworn herein, and thereupon the trial progressed and
being finished the Jury retire to consider of their verdict.
Petition on account.
Now come the plaintiffs, by their attorney, but the defendants
although duly called comes not, and the plaintiffs waiving a
Jury submit this cause to the Court upon the petition, exhibit,
and proofs and the Court having duly heard and considered the
same doth find there from that the defendants are indebted to
the plaintiffs in the sum of three hundred and fifty three dollars
and twenty five cents. It is therefore considered by the Court that the plaintiffs recover of the de
fendants the sum aforesaid inform aforesaid inform aforesaid as found and their costs herein
expended and have therefor execution.
Garnishment.
Now come the plaintiffs, by their attorney, as well as the said
garnishee, and it appearing to the Court from the answer of said
garnishee that at the time he was summoned herein as such he
was indebted to the defendants in the sum of one hundred and
forty two dollars and thirty dollars and thirty eight cents, therefore it is considered by
the Court that the plaintiffs recover of the said garnishee the sum
aforesaid inform aforesaid as confessed and that out of said sum they pay the costs herein and
have thereof execution. Ten dollars allowed for answering.
Petition on note.
Now comes the plaintiff, by his attorney, but the defendant, although
duly warned and solemnly called comes not but makes default
wherefore, on motion of the plaintiffs it is ordered by the Court that the
petition herein be taken against herein as confessed; and the Court finds from the instrument in writing
on which this action is founded that the defendant is indebted to the plaintiff in the sum of four
thousand two hundred and thirty eight dollars and six cents. It is therefore considered by
the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found
and his costs herein expended and have execution therefor. Judgment to bean interest at the rate of
ten percent per annum from this date until paid.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dis
missed at his costs and that execution issue therefor.
By consent of parties, it is ordered by the Court that this cause be dismissed at the defendants
costs and that execution issue therefore Leave is given the defendant to withdraw exhibit.
Continued as on affidavit
at defendants costs.
Third amended petition filed.
Motion to strike out reply and for judgment on counterclaim filed.
Court met pursuant to adjournment. Present as before.
Continued by consent at defendants costs.
Continued on appreciation of plaintiff at his costs.
Amended petition filed by leave of Court. Cause continued.
Continued affidavit at defendants costs.
Continued.
Continued.
Continued.
Depositions for plaintiff opened and filed.
On motion of the plaintiffs, by their attorney, it is ordered by the Court
that this cause be dismissed at their costs and that execution issue therefor.
Petition for Divorces.
Now comes the plaintiff, by her attorney, but the defendant although duly
called comes not, and thereupon the Court proceeds to hear the evidence
herein and the heaving being finished and the Court being satisfied that
the plaintiff is an innocent and injured party doth and order adjudge and decree that she be abso
lutely and forever divorced from the bonds of matrimony by her contracted with the defendant
and be restored to all the rights and privileges of an unmarried person, and that she recover of
the said defendant her costs herein expended and have execution therefor.
The demurer to the counter claim herein being heard and fully considered
by the Court it is ordered that the same be overruled.
Now comes the plaintiff, by her attorneys, and says that she will
not further prosecute her action in this behalf but voluntarily
takes a non suit. It is therefore considered by the Court that
the plaintiff take nothing by her suit in this behalf but that the said defendant go hence
without day and recover of said plaintiff his costs and charges herein expended and have execution therefor.
On Plea in abatement.
Now again come the parties, by their respective attorneys, and also the Jury
empanelled and sworn herein and being agreed upon a verdict upon their
oaths say they find for the defendant. It is therefore considered by the Court
that the defendant at the commencement of this suit was not about fraudulently to convey and
assign his property or effects so as to hinder and delay his creditors: wherefore it is ordered by
the Court that this cause be dismissed and that execution issue therefor against the plaintiff.
Petition on account.
Now come the parties, by their respective attorneys, and the Court
having duly heard and considered the motion for a continuance
filed by the defendant doth overrule the same; and thereupon
come a Jury to wit;
Stevens
lawful men who being by consent duly elected tried and sworn the issues herein joined well and
truly the try the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find
for the plaintiffs and assess the damages at the sum of one thousand dollars and fifty two cents.
It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in
form aforesaid as assessed and their costs herein expended and have execution therefor.
Petition on Note.
Now at this day this cause being called for trial the plaintiffs
come by their attorney, but the defendant, although duly called
comes not; and the plaintiffs waiving a Jury submit this cause
to the Court upon the pleadings and proofs and the Court
having duly heard and considered the same doth find that
the defendant is indebted to the plaintiffs in the sum of six hundred and twenty four dollars and
ninety cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the
sum aforesaid inform aforesaid as found and their costs herein expended and have execution therefor.
Rail Road Company
entire satisfaction of the judgment rendered in this cause in
the
Now comes the plaintiff, by his attorney, and says here will not further
prosecute his action in this behalf but voluntarily takes a
It is therefore considered by the Court that the plaintiff take nothing
by his suit in this behalf but that the defendant go hence without day and recover of the said plain
tiffs costs herein expended and have execution therefor.
Motion for maintenance
Now come the parties by their respective attorneys, and thereupon come also
a Jury, to wit;
W Latting
men who being duly elected tried and sworn the issue herein joined well and truly to try the
trial progressed but not being further proceedings are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Demurer to third amended petition filed.
Plaintiff in person acknowledges to have received full and en
tire satisfaction of the judgment rendered herein on the
of February 1858
Petition for Divorce.
Now comes the plaintiff, by his attorney, but the defendant although duly
called comes not, and thereupon the Court proceeds to hear the proofs herein
and having duly heard the same and being satisfied of the good conduct of
the plaintiff and that he is an innocent and injured party, it doth order adjudge and decree that
he be also truly and forever divorced from the bonds of matrimony by him contracted
with the defendant and be restored to all the nights and privileges of announced person. It is
further ordered by the Court that the plaintiff pay the costs herein and that execution issue therefor.
Motion for a new trial filed by defendant.
Continued on affidavit at plaintiffs costs.
Claim of
Affidavit of Samuel A Holmes filed.
Deposition for defendants opened and filed.
Deposition for defendants opened and filed.
Now comes the plaintiff, by his attorney, but the defendant
although having been duly summoned and being now solemn by
called, comes not but makes default, wherefore on motion of
the plaintiff it is ordered by the Court that the petition herein
be taken against the said defendant as confessed.
Now comes the plaintiff, by his attorney, but the defendant
although duly summoned and being now solemn by called, comes
not but makes default, wherefore on motion of the plaintiff it
is ordered by the Court that the petition herein be taken against
the said defendant as confessed.
Deposition for defendants opened and filed.
Order for Delivery.
The plaintiff comes and files a petition and affidavit according to law, claiming
the possession of certain personal property therein described; wherefore it is or
dered that the defendants deliver the property specified in said petition and affi
davit to the Sheriff of St Louis County and said Sheriffs hereby directed if
said property be not delivered to him to take it from the defendants and deliver it to the plaintiff.
Now again come the parties by their respective attorneys, and also the Jury
empanelled and sworn herein and thereupon the trial progressed but not
being finished laid over until Monday Morning.
Court met pursuant to adjournment. Present as before.
Now come the plaintiffs by their attorney and say they will not prosecute
their action in this behalf. It is therefore considered by the Court that the
plaintiffs take nothing by their suit in this behalf but that the defendant
go hence without day and recover of the plaintiffs his costs herein expended and have execution therefor.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the defendant cannot
be served with the ordinary process of law, therefore on motion of the plain
tiffs, by their Attorney, it is ordered by the Court that the said defendant
be notified that a civil action has been commenced against him and account
of goods drugs and medicine sold and delivered by the plaintiffs to the defendant amounting to
the sum of six hundred and seventy dollars and twelve cents, and that his property has been
attached, and unless he be and appear at the next term of this Court to be begun and holden
at the City of St Louis within and for the County of St Louis on the last Monday of September
next and on or before the third day thereof answer the plaintiffs petition judgment will be
rendered against him and his property sold to satisfy the same. It is further ordered that
a copy hereof be published, according to law, in the Missouri Democrat a newspaper prin
ted and published in the City of St Louis.
Petition in Replevin.
Now come the parties, by their respective attorneys, and file an agreement
herein and agree that judgment be rendered herein in favor of the
plaintiff for one cent damages and the restitution of the property men
tioned the petition and affidavit and that the value of said property be assessed at the sum
of one hundred and fifty five dollars. It is therefore considered by the Court that the said defen
dant return the property mentioned in the petition and affidavit, to wit: me small bay stud
horse, a
property pay the plaintiff the value of said property and the damages agreed upon and the
costs herein expended and that the plaintiff have execution therefor.
On motion of plaintiff by his attorney, it is ordered by the Court that this
cause be dismissed at his costs and that execution issue therefor.
On motion of the plaintiff by their Attorney, it is ordered by the Court that this
cause be dismissed at their costs and that execution therefor.
Abstract of issue filed.
Dedimus ordered to Illinois for plaintiff.
Dedimus ordered to Illinois for plaintiff.
Now again come the parties by their respective attorneys, and also the Jury
empanelled and sworn herein, and thereupon the trial progressed and
being finished the Jury retire to consider of their verdict.
Petition on Bond.
Now come the parties, by their respective attorneys, and thereupon
come also a Jury, to wit;
Grady
F Groeschuder
meyer
lawful men, who being duly elected tried and sworn the issues
herein joined well and truly to try the trial progressed but not being finished further procee
dings herein are laid over until tomorrow morning.
Alias Summons ordered.
Court met pursuant to adjournment. Present as before.
prove the execution and acknowledgment of a deed of emancipation by
slave
The motion made by the Clerk for security for costs, being heard and
fully considered by the Court it is ordered that the same be sustained.
Agreement filed and cause continued by consent.
Now come the plaintiffs by their attorney and dismiss this suit and it is
ordered by the Court that execution issue against the plaintiffs for the costs.
By leave plaintiff withdraws note sued on.
Plaintiff files an assignment of the judgment herein to
Sterling
On motion of the plaintiff by his attorney, it is ordered by the Court that
this cause be dismissed at his costs and that execution issue therefor.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this
cause be dismissed at his costs and that execution issue therefor.
Now come the plaintiffs attorney and withdraw their appearance herein
thereupon the plaintiffs being duly called come not wherefore on motion
of the defendants by their attorney, it is ordered by the Court that the plain
tiffs take nothing by their suit in this behalf but that the defendants go hence without day and
recover of said plaintiffs their costs herein expended have thereof execution.
Depositions for dependants opened and filed.
On note.
Now come the plaintiffs by their attorney, but the defendants although
duly summoned and called comes not but makes default wherefore on
motion of the plaintiff, it is ordered by the Court that the petition herein be
taken against him as confessed; and the Court finds from the instrument in writing on which this
action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and
forty six dollars and forty seven cents. It is therefore considered by the Court that the plaintiff
recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended
and have execution therefor.
Agreement filed and cause continued as on affidavit at defendants
costs.
On motion of the plaintiff by his attorney, it is ordered by the Court that this
cause be dismissed at his costs and that execution issue therefor.
Now comes the plaintiff, by her attorney, and files proof satisfactory to the Court
that the order of publication made herein has been duly published according
to law
Ordered that an alias summons issue herein for Jno N Boffenjer.
Now again come the parties by their respective attorneys, and also the Jury
empanelled sworn herein, and being agreed upon a verdict upon their oaths
find for the defendant. It is therefore considered by the Court that the
defendant at the commencement of this suit was not about fraudulently to conceal remove or
dispose of his property so as to hinder and delay his creditors and that he had not fraudulently
removed or disposed of his property so as to hinder and delay his creditors: wherefore it is ordered
that this cause be dismissed at plaintiffs costs and that execution issue therefor.
Petition on Bond.
Now again come the parties by their respective attorneys, and
also the Jury empanelled sworn herein, and thereupon the
trial progressed but not being finished further proceedings herein
are laid over until tomorrow morning.
Motion for a new trial filed.
The defendant files an answer herein.
Order of Publication. Attachment. Now come the plaintiffs, by their attorney and file an addition
affidavit herein from which it appears to the Court that the defen
dants are non residents of the State of Missouri, wherefore, on
motion of said plaintiffs, it is ordered by the Court that the
said defendants be notified that a civil action has been com
menced against them for the sum of one hundred and fifty four dollars and seventy five cents, on
account of goods sold and delivered to and money laid out and expended for them by the plaintiff and
that their property has been attached and unless they be and appear at the next term of this Court to
be begun and held at the City of St Louis within and for the County of St Louis on the fourth Monday
of September next and on or before the third day thereof answer demur to or otherwise plead to the
petition herein the same will be taken against them as confessed judgment rendered against them and
their property sold to satisfy the same. It is further order that a copy hereof be published according to
law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
Now come the plaintiffs, by their attorney, and acknowledge to have re
ceived full and entire satisfaction of the judgment rendered herein on the
Court pursuant to adjournment. Present as before.
Replication filed.
Continued.
Now comes
dants to this action and files an answer herein.
Statement of
Continued.
Order for Delivery. The plaintiff comes and files a petition and affidavit, according to law, claiming the
possession of certain personal property therein described; wherefore it is ordered that
the defendants deliver the property specified in said petition and affidavit to the
of St Louis County, and said
from the defendants and deliver it to the plaintiff.
Continued a son a affidavit at defendants costs.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that
this cause be dismissed at his costs and that execution issue therefor.
Petition for
judgment may be rendered herein in favor of the plaintiff against the defendant for
the sum of one cent. It is therefore considered by the Court that the plaintiff recover
and defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and
have thereof execution.
No one appearing to prosecute this action it ordered that the
same be dismissed at the plaintiffs costs and that execution
issue therefor.
Now comes the defendant by his attorney but the plaintiff although called come
not wherefore on motion of the defendant it is ordered by the Court that the plain
tiff take nothing by his suit in this behalf but that the said defendant go hence without
day recover of the plaintiff his costs herein expended and have execution therefor.
Now comes the plaintiff, by his attorney, but the defendant, although duly waived
and so lonely called, comes not but makes default, wherefore, on motion of he plain
tiff it is ordered that the petition herein be taken against him as confessed; and the
cause is continued.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this
suit be dismissed at their costs and that execution issue therefor.
Deposition for plaintiff filed.
Motion to strike out answer and
for judgment filed.
The motion to suppress plaintiffs depositions taken in Chicago being head and
fully considered by the Court it is ordered that the same be sustained and that
said deposition be suppressed.
Petition on Bond. Now come the parties, by their respective attorney, and also
Jury empanelled and sworn herein, and thereupon the trial of
this cause progressed and being finished the Jury retire to consider of
their verdict.
Court met pursuant to adjournment. Present as before.
Motion for security for costs filed.
Leave is given plaintiff to withdraw depositions taken in Chicago, Dedimus
to Illinois for plaintiff.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Ordered that an alias Summons issue herein.
On Bill of Exchange. Now come the plaintiffs, by their attorneys, but the defendants, although
duly summoned and solemnly called, come not but make default,
wherefore; on motion of the plaintiffs, it is ordered by the Court that
the petition herein be taken against them as confessed: and the Court
finds from the instruments in writing on which this action is founded
that the defendants are indebted to the plaintiffs in the sum of two hundred and eighty nine dollars
and thirty nine cents. It is therefore considered, by the Court that the plaintiffs recover of the defen
dants the debt aforesaid in form aforesaid as found and their costs herein expended and have ex
ecution therefor.
Petition for Divorce. Now comes the parties by their respective attorney, and thereupon the trial
progressed and being finished and the Court being satisfied of the good con
duct of the plaintiff and that she is an innocent and injured party doth
order adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony
by her contracted with the defendant and he restored to all the might and privileges of an un
married person. It is further ordered that the plaintiff pay the costs herein and that execution
issue therefor.
Claim of Carson Springer and Wannell filed.
The Court appoints
M Smith
said
and by leave of Court files his answer for said minor defendants.
Dedimus to Illinois for plaintiff.
On motion of the plaintiff, by the attorney it is ordered by the Court that
this cause be dismissed at this costs and that execution issue therefor.
Continued on a affidavit at defendants costs.
Motion for a new trial filed.
Continued on application of defendants a this costs.
On note. Now come the parties, by their respective attorneys, and thereupon come
also a Jury, to wit;
Fischloff
Fine, and Henry Tobner, ten good and lawful men who being by consent
duly elected tried and sworn the issues herein joined well and truly to try the trial progressed and
being finished the Jurors aforesaid upon their aforesaid find for the plaintiff and assess the
damages at the sum of three hundred and two dollars and forty cents. It is therefore considered
by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as assess
and his costs herein expended and have execution therefor. The defendants with draw then answer herein.
On account. Now come the parties, by their respective attorneys, and thereupon
come also a Jury, to wit;
being by consent duly elected tried and sworn the issues herein joined
well and truly to try the trial progressed and being finished the Jurors aforesaid upon their oaths
aforesaid find for the defendants. It is therefore considered by the Court that the plaintiff take
nothing by their suit in this behalf but that the defendants go hence without day and recover of
the plaintiff their costs herein expended and have execution therefor.
By leave of Court plaintiff withdraw Exhibit seudon.
Petition on Bond. Now again come the parties, by their respective attorneys, and thereupon
come the Jurors empanelled and sworn herein, and says they are
unable to agree upon a verdict; wherefore, it is ordered by the Court that
the said jury be discharged and this cause continued until the next
term of this Court.
Appeal from Probate Court. Now come the parties, by their respective attorneys; and agree that
judgment may be rendered herein in favor of the plaintiff for the sum
of Sixty five dollars and fifty four cents. It is therefore considered
by the Court that the plaintiff recover of the estate of
in the hands of
costs herein expended; and thereupon the parties agree that each party pay one half the costs herein.
On account. Now come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called comes not, and the plaintiffs waiving a
jury submit this cause to the Court upon the petition exhibits and proofs
and the Court having duly heard and considered the same doth
assess the plaintiffs damages at the sum of three hundred and seventeen dollars and forty cents.
It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid
in form aforesaid as assessed and their costs herein expended and have execution therefor.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that
that this cause be dismissed at their costs and that execution issue
therefor. Plaintiffs withdraw note sued on.
Order of Sale.
statement from which it appears that the keeping of the property
attached under the writ herein will be attended with much expense
before the probable termination of this suit, and is likely to depreciate
in value; it is therefore ordered that said Sheriff sell said property
according to law; and that he make a report of his proceedings under
this order before the first day of the next term of this Court.
Petition on Bond. Now come the parties, by their respective attorneys, and also
a jury, to wit;
Colemeyer
good and lawful men, who being duly elected tried and sworn the issues herein joined well and
truly to try the trial progressed but not being finished further proceedings are laid over until tomor
row morning.
Court met pursuant to adjournment. Present as before.
Anderson
aged about fifty years of a bright copper color.
Now comes the plaintiff, by his attorney, and acknowl
edges to have received full and entire satisfaction of the
judgment rendered herein on the
AD 1858
Reply to answer and counterclaim filed.
Affidavit in support of motion for a new trial filed.
On application of
the time for filing an inventory is extended thirty days.
Continued.
Continued.
Petition on Bond. Now again come the parties, by their respective attorneys,
and also the jury empanelled and sworn herein and there
upon the trial progressed but not being finished is laid over
until tomorrow morning.
Court met pursuant to adjournment. Present as before.
This day having been appointed for the hearing of claims against the
said Steamboat
has been due publication to claimants, proof of which is filed, doth
proceed to hear and determine the claims filed and doth allow the following demands and
place the same in the second days, to wit;
And the hearing to the demands of
noble and Co
This day having been appointed for the hearing of claims against the said
Steam boat
due publication of notice to claimants, proof of which is filed, doth
proceed to hear and determine the claims filed, and doth allow the following and place the
same in the second class of liens, to with;
And the claim of
appoints
On note. Now come the plaintiffs, by their attorney, and dismisses this suit as to
the defendant,
comes not, but makes default, wherefore on motion of the plaintiffs, the
Court doth find from the instrument in writing on which this action is
founded that the defendant,
and thirty one dollars and sixty four cents. It is therefore considered by the Court that the
plaintiffs recover of the said defendant the debt aforesaid in form aforesaid as found and their
costs herein expended and have execution therefor.
Notice of motion for
allowance filed.
Motion for a new trial filed.
Petition on Bond. Now again come the parties by their respective attorneys, and also
the jury empanelled and sworn herein and thereupon the trial of
this cause progressed but not being finished is laid over until
Monday morning.
Court met pursuant to adjournment. Present as before.
Answer filed.
Continued
Continued.
Continued.
The Court now proceeds to hear and determine the claims laid over
until today and doth allow the claims of
Thornburg
reject the claim of
appoint Warren Montfort Commissioner to adjust the claims allowed against said boat.
Motion to strike out answer filed.
Depositions for plaintiff opened and filed.
Petition. Now come the parties, by their respective attorneys, and consent
that judgment be rendered herein for the sum of two hundred
and ninety five dollars in favor of the plaintiff. It is therefore considered by the Court that the plaintiff recover of the defen
dant the sum aforesaid in form aforesaid as agreed upon and also his costs herein expended
and have execution therefor. Thereupon the plaintiff acknowledge the receipt of full and
entire satisfaction of the above judgment.
Petition on Bond. Now again come the parties, by their respective attorneys and
also the jury empannelled and sworn herein and thereupon
the trial progressed and being finished the jurors empannelled
and sworn herein upon their oaths find for the plaintiff
and assess the damages at the sum of four hundred and six
dollars and thirty eight cents. It is therefore considered by the Court that the plaintiff recover of the
defendants to the damages aforesaid in form aforesaid as assessed and also his costs and charges in this
behalf expended and have execution therefor.
Affidavit of
Continued.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
this cause be dismissed at his costs and that execution issue therefor.
Depositions for plaintiff opened and filed.
Court met pursuant to adjournment. Present as before.
Order of Sale.
which it appears to the Court that he has seized the said Steam boat
Editor under certain warrants and executions and that five days have
elapsed since said seizure, that no person has given bond according to law for the release of
said boat; therefore it is ordered that said Sheriff proceed to sell said boat by publication
to the highest and best bidder for cash first giving twenty days notice of the time and place of
sale by publication according to law.
Continued to May eleventh at defendant costs.
Continued to the eleventh day of May next at defendants costs.
It appearing to the Court from the answer of said garnishee
that at the time he was summoned herein as such he as
indebted to the defendant,
hundred and ninety five dollars and fifty cents, therefore,
on motion of the plaintiffs by their attorney, it is ordered
by the Court that the said garnishee pay over to the Sheriff of St Louis County the said
amount of two hundred and ninety five dollars and fifty cents forthwith.
Now comes the plaintiff and files a petition and affidavit according to
law, from which it appears that the defendant is a non resident of the State
of Missouri, therefore, on motion of said plaintiff, by his attorney, it is
ordered by the Court that the defendant be notified that a civil action has been commenced
against her the object of which is to obtain a decree of divorce from the bond of matrimony
by the plaintiff contracted with the defendant on the ground of adultery and also to obtain the
possession and control of the child mentioned in the petition, and that unless she be and appear
at the next term of this Court to be begun and held at the City of St Louis within and for the
County of St Louis on the last Monday of September next and on or before the sixth day
thereof answer demur to or otherwise plead to the petition herein the same will be taken
against her as confessed. It is further ordered that a copy hereof be published as the law di
rects, in the Missouri Republican a newspaper printed and published in the City of St Louis.
Garnishment. Now comes the plaintiff by his attorney, but the said garnishee although
duly called, comes not, and the plaintiff waiving a jury submits this
proceeding to the Court upon the interrogatories and proofs and the Court
having duly heard and considered the same doth find that at the
time it was summoned herein as such was indebted to the defen
dant Field in an amount greater than the amount of the judg
ment herein and that the amount of said judgment is five hundred and eighty six dollars and
fifty cents; therefore it is ordered by the Court that the plaintiff recover of the said garnishee the sum
of five hundred and eighty six dollars and fifty cents and also his costs in the original suit and in
this proceeding expended and have thereof execution.
Garnishment. Now comes the plaintiff, by his attorney, but the said garnishee,
although duly summoned and called, comes not but makes default,
wherefore on motion of the plaintiff, it is ordered by the Court that
the interrogatories herein be taken against the said garnishee as
confessed; and no jury being required this proceeding is submitted to the Court upon the pleadings
and proofs, and the Court doth find there from that the said garnishee at the time he was sum
moned herein as such was indebted to the defendants in the sum of thirty five dollars and sixty
seven cents. It is therefore considered by the Court that the plaintiff recover of the said garnishee
the sum aforesaid in form aforesaid as found and
herein expended and have execution therefor.
Garnishment. Now comes the plaintiff by his attorney, and moves the Court for
judgment on the answers of said garnishees and it appearing to
the Court from said answers that the said garnishees at the time
time they were summoned herein as such were indebted to the
defendants in the sum of one hundred and seventeen dollars and
sixteen cents; therefore it is considered by the Court that the plaintiff recover of the said garnishees
the sum aforesaid in form aforesaid as confessed and have execution therefor, and that out of said sum
he pay the costs herein expended, The sum of twenty five dollar is allowed said garnishees for their
attorneys fees and also the sum of ten dollars each for answering herein.
Continued.
Continued.
Continued.
Motion for a new trial filed.
On note. Now come the plaintiffs, by their attorney, but the defendant, although duly
summoned and being now solemnly called, comes not but make default, where
fore on motion of the plaintiffs, it is ordered by the Court that the petition herein
be taken against him as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of
two hundred and seventy one dollars and forty three cents. It is therefore considered by the Court that
the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and their costs
herein expended and have execution therefor.
Continued.
Continued.
Motion to suppress depositions filed.
Court met pursuant to adjournment. Present as before.
of a died of emancipation to his slave Louise of dark color aged
about seventeen.
Now come the parties, by their respective attorneys, and the defendant
files an answer and the parties submit to the Court the motion for
allowance of alimony,
fully understood by the Court, it is ordered that the said motion be sustained and that
the defendant pay forth with to the plaintiff or to
the sum of one hundred and fifty dollars for counsel fee and to defray the expenses of the
prosecution of this action, so far; and also pay the plaintiff the sum of fifty dollars for her
support and maintenance for one month commencing on the fourth day of the present
month and the like sum of fifty dollars on the fourth day of each and every month there
after until the further order of this Court.
Now comes the plaintiff, by her attorney, and files proof
tory
has been duly published according to law.
Petition on Account.
Now come the plaintiffs try their attorney, but the defendants,
although duly called come not, and the plaintiffs waiving a Jury
submit this cause to the Court upon the petition exhibits and
proofs and the Court having duly heard and considered the same
the same doth assess the damages at the sum of one hundred and
thirty five dollars and thirty seven cents. It is therefore considered by the Court that the plain
tiffs recover of the defendants to the damages aforesaid as foresaid and their costs herein expended
and have thereof execution.
On account.
Now come the plaintiffs, by their attorneys but the defendant although
duly called comes not but makes default, and the plaintiffs waiving
a Jury submit this cause to the Court upon the petition exhibit and
proofs and the Court having duly heard and considered the same doth
assess the damages at the sum of two hundred and thirteen dollars and ninety seven cents. It
is therefore considered by the Court that the plaintiffs recover of the defendant the damages
aforesaid as assessed and their costs herein expended and have execution therefor.
By leave of Court plaintiffs amend their petition by making
J Peck
Petition for Divorce.
Now comes the plaintiff, by her attorney, but the defendant although
duly called comes not; and thereupon the trial progressed and being
finished the Court doth find that the plaintiff is and innocent and
injured party. It is therefore considered by the Court that the plaintiff be absolutely and
forever divorced from the bonds of matrimony by her contracted with the defendant and
be restored to all the nights and privileges of an unmarried person and that she have the care
and control of the infant child,
pay the costs herein.
On account.
Now comes the plaintiffs, by their attorney, but the defendants,
although duly called come not, and the plaintiffs, waiving a Jury
submit this cause to the Court upon the petition exhibit and proofs
and the Court having duly heard and considered the same doth
assess the plaintiffs damages at the sum of one hundred and
forty three dollars and eighty five cents. It is therefore considered by the Court that the plain
tiffs recover of the defendants the sum aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefor.
Deposition for defendant opened and filed.
On motion of the plaintiff, by her attorney, it is ordered by the Court
that the answer herein be stricken out.
On account.
Now comes the plaintiff by his attorney, but the defendant, al
though duly called comes not, and the plaintiff waiving a Jury
submits this cause to the Court upon the pleadings and proofs,
and the Court having duly heard and considered the same doth
assess the plaintiffs damages at the sum of twelve hundred and seventy five dollars and twenty
one cents. It is therefore considered by the Court that the plaintiff recover of the defendant the
sum aforesaid inform aforesaid as assessed and his costs herein expended and have thereof execution.
On account.
Now comes the plaintiff by his attorney, but the defendant, al
though duly called comes not, and the plaintiff waiving a Jury
submits this cause to the Court upon the pleadings and proofs,
and the Court having duly heard and considered the same doth
assess the plaintiffs damages at the sum of two hundred and twenty eight dollars and seventy
five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the
damages aforesaid inform aforesaid as assessed and his costs herein expended and have execution thereof.
On account. Now come the plaintiff by their attorney, but the defendant, although
duly called comes not, and no Jury being required the Court from
proofs, offered doth assess the plaintiffs damages at the sum of eleven
hundred and twenty eight dollars and forty cents. It is therefore con
sidered by the Court by the Court that the plaintiffs recover of the defendant the damages afore
said in form aforesaid in form aforesaid as assessed and their costs herein expended and have
execution therefor.
On account.
Now come the plaintiffs, by their attorney, but the defendant although
duly called comes not, and the plaintiffs submit this cause to the
Court upon the petition and proofs and the Court doth assess the plain
tiffs damages at the sum of two hundred and thirty eight dollars.
It is therefore considered by the Court that the plaintiffs recover of the defendant the damages afore
said in form aforesaid as assessed and their costs herein expended and have execution.
On account.
Now come the plaintiffs, by their attorney, their attorney, but the defendant, although
duly summoned and called comes not, and the plaintiffs submit this
cause to the Court upon the petition and proofs and the Court having
duty heard and considered the same doth aleggo the planififf dama
ages at the sum of five hundred and nine dollars and eighteen cents.
It is therefore considered by the Court that the plaintiffs, recover of the defendant the damages
aforesaid in form aforesaid as assessed and their costs herein expended and have thereof execution.
On motion of the plaintiffs, by his attorney, it is ordered by the Court that
this cause be dismissed at their costs and that execution issue therefor.
Depositions for plaintiff opened and filed.
Petition for Divorce.
Now comes the plaintiff, by her attorney, but the defendant although duly
called, comes not but make default, and thereupon the Court proceeds
to hear the proof offered by the plaintiff, and having finished the heaving
and being satisfied that the plaintiff is an innocent and injured party, it doth order adjudge
and decree that the plaintiff be absolutely and forever divorced from the bonds of matrimony
by her contracted with the defendant and be restored to all the rights and privileges of an
unmarried person, and that she pay the costs herein.
On account.
Now come the plaintiffs, by their attorney, but the defendant, although duly
called, comes not, and the plaintiffs waiving a Jury, submit this cause to
the Court upon the pleadings and proofs and the Court having duly heard
and considered the same doth assess the plaintiffs damages at the sum of
twelve hundred and ninety five dollars. It is therefore considered by the Court that the plain
tiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and their costs
herein expended and have execution therefor.
On account.
Now come the plaintiffs by their attorney, but the defendants although duly
called comes not, and no Jury being required the Court doth from the
proofs offered by plaintiffs assess the plaintiffs damages at the sum of
one hundred and nine dollars and eighty nine cents. It is therefore
considered by the Court that the plaintiffs recover of the defendants the
damages aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefor.
On account.
Now come the plaintiffs, by their attorney, but the defendant although duly
called comes not, and no Jury being required the Court doth from the proofs
offered by plaintiffs assess their damages at the sum of one hundred and
sixty four dollars and seventy three cents. It is therefore considered by the
Court that the plaintiffs recover of the defendant the sum aforesaid inform aforesaid as assessed
and their costs herein expended and have thereof execution.
Petition.
Now comes the plaintiff, by his attorney, but the defendant although duly called
comes not, and the plaintiff waiving a Jury submits this cause to the Court
and the Court having duly considered the same doth assess the plaintiffs damages at the
sum of three hundred and forty eight dollars. It is therefore considered by the Court that the plaintiff recover
of the defendant the damages aforesaid as assessed and his costs herein expended and have execution therefor.
Petition on Policy.
Now come the parties, by their respective attorneys, and also come a
Jerry, to wit;
Gibson
good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try
the trial progressed but not being finished is laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Affidavits of
motion for a new trial filed.
On note.
Now comes the plaintiff, by her attorneys, and dismisses this suit
as to the defendant
duly called come not; wherefore on motion of the said plaintiff, the Court
doth find from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum
two hundred and thirty four dollars and seventy cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the sum aforesaid in form aforesaid in form aforesaid as found and
their costs herein expended and have execution therefore.
Motion for security for costs filed.
Report of Commissioner filed.
Motion for order on Sheriff to pay over money filed.
Now come the defendants, by their attorneys, and waive the issue and
service of process and enter their appearance to this action and file an
answer herein.
On motion of the plaintiff by his attorney it is ordered by the Court that this
cause be dismissed at his costs and that execution issue therefor.
Petition on Account. Now comes the plaintiff, by his attorney, but the defendants although
duly called, come not, and no Jury being required the Court doth assess
from the proofs offered, the plaintiffs damages at the sum of one
hundred and fifty three dollars and thirty six cents. It is therefore
considered by the Court that the plaintiff recover of the defendants the damages aforesaid in
form aforesaid as assessed and his costs herein expended and have execution therefor.
Now comes
and represents to the Court that owing to extreme sick
ness he is unable further to perform the duties of assignee
herein and asks that he be dismissed, whereupon it is ordered by the Court that said
R Biddlecome
cepts said appointment and files his bond as assignee in the sum of ninety seven thousand
dollars with
bond is approved by the Court. And it is ordered by the Court that
forthwith deliver to the assignee hereby appointed all the books, papers, effects moneys and
evidence of debt in his profession belonging to said assignors.
Petition on Policy. Now come again the parties, by their respective attorneys, and
also the Jury empanelled and sworn herein and thereupon
the trial progressed and being finished the Jurors aforesaid
upon their oaths aforesaid find for the plaintiff and assess
his damages at the sum of seven hundred and twenty three dollars and eighty cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the damages afore
said inform aforesaid as assessed and his costs herein expended and have execution therefor.
The defendants file an answer herein.
Court met pursuant to adjournment. Present as before.
Depositions for defendant opened and filed.
Affidavit of the
plaintiff filed.
Now at this day come the parties interested and the commissioner files his
report which being seen and approved by the Court is confirmed. And it
appearing to the Court there from that there remains in the hands of the
Sheriff arising from the sale of said boat after paying the sum of four hundred and ten dollars and
twenty five cents, the costs of these proceedings, the sum of seven hundred and thirty nine dollars and
seventy five cents, and that the proportion of each party whose demand has been allowed is as follows;
It is therefore considered by the Court that the said Sheriff pay over to
persons entitled thereto the sums due them as aforesaid.
Now come the parties interested and the Commissioner files his report
herein which being seen and approved by the Court is confirmed. And it
appearing to the Court there from that the Said boat sold for the sum of
one hundred and sixty dollars, and that the costs herein amount to the sum of two hundred dol
lars and eighty five cents, leaving nothing to be applied to the claims allowed, therefore it is
ordered that the Sheriff apply the proceeds of said boat to the payment of the costs herein.
Exhibit filed by the defendant.
Answer filed.
Petition.
Now come the parties, by their respective attorneys and waiving a Jury sub
mit this cause to the Court upon the pleadings and proofs and the Court
having duly heard and considered the same doth find for the plaintiff
and doth assess his damages sustained by reason of the premises in the petition mentioned at the
sum of thirty six hundred and twenty eight dollars and thirty three cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendant the damages aforesaid in form
aforesaid by the Court assessed and also his costs herein expended and have thereof execution.
Motion to set aside the judgment by default being heard and fully
considered by the Court it is ordered that the same be overruled.
The motion to set aside the default herein being heard and fully considered by
the Court, it is ordered that the same be overruled.
On consideration of the demurrer to the answer herein it is ordered
that the same be stricken out.
On consideration of the motion to set aside the discharge of the said
garnishee it is ordered that the same be sustained and said dis
charge be set aside; and three days is given to reply.
The defendants motion for security for costs herein is overruled.
The plaintiffs motion to strike out parts of the answer herein being heard and
fully considered by the Court it is ordered that the same be overruled.
On motion of plaintiffs leave is given to file an amended petition.
Proof of Service of order to pay over money filed: and it is
ordered that an attachment issue against said garnishee for
contempt of Court in failing to obey said order returnable to
morrow morning at ten o'clock.
The defendants demurrer to the petition herein being heard and fully
considered by the Court it is ordered that the same be sustained, ten
is given the plaintiff to amend.
The plaintiffs motion to strike out parts of the answer of
Thomas
the same be sustained as to such of said answer as contains a coun
ter claim and overruled as to the other part of said answer.
Now come the defendants by their attorney, and withdraw their de
murer herein and on their motion ten days is given them to
answer herein.
The defendants withdraw their demurer, and on their motion ten days
is given them to answer.
The defendants, by their attorney, withdraw their demurer herein and
on their motion ten days is given them to answer.
The defendants, by their attorney, withdraw their demurer herein and
on their motion ten days is given to answer.
Demurrer withdrawn by defendants. Ten days given to answer.
The defendants withdraw their demurrer herein and on their motion
ten days is given to answer.
The defendants withdraw their demurrer herein and on their motion ten
days is given to answer herein.
The plaintiffs motion to strike out parts of the answer herein being heard and
fully considered by the Court it is ordered that the same be sustained. Ten
days given to amend.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that
and
the production and delivery of the property attached, produce and
deliver said property, to wit; four desks, three cases with pigeon holes, one iron safe, one large
ticket case, two stoves, eight chairs, two carpets, one clock to the Sheriff of St Louis County at his
office forthwith; and it is further ordered that, if the said principal and securities fail to deliver
said property, the Sheriff assign said bond to the plaintiff.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that
and
the production and delivery of the property attached, providence and
deliver said property, to wit; one desk, one ticket case, one iron safe, one clock and one stove, to
the Sheriff of St Louis County at his office forth with; and it is further ordered that if the said
principal and securities fail to deliver said property, the Sheriff assign said bond to the plaintiff.
The defendants demurrer to the amended petition being heard and fully considered
by the Court it is ordered that the same be overruled. On motion of the
defendant ten days is given him to answer.
Court met pursuant to adjournment. Present as before.
Murder in the first degree.
Motion in arrest of judgment filed by the defendant.
Now comes the Sheriff of St Louis County with the writ is
sued against said garnishee for contempt together with his
return thereon and the recognizance taken for the appearance
of said garnishee, and thereupon comes said garnishee in discharge
of his recognizance, and files an affidavit, and the Court having duly heard and considered the same
doth order that he be discharged from custody under said writ of attachment.
Depositions for plaintiff opened and filed.
Amended petition filed. Reply to Counterclaim filed.
Depositions for defendant opened and filed.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned
and solemnly called, comes not but makes default, wherefore on motion of the
plaintiff it is ordered by the Court that the petition herein be taken against him
as confessed.
Alias Summons ordered.
On account. Now come the plaintiffs by their attorney, and no Jury being required the Court
doth from the proofs offered by the plaintiffs, assess the plaintiffs damaged
the sum of one hundred and sixty nine dollars and three cents. It is therefore
considered by the Court that the plaintiffs recover of the defendant the sum
aforesaid in form aforesaid as assessed and their costs herein expended and
have execution therefor.
Petition for Damages. Now comes the plaintiff, by her attorney, but the defendant al
though duly called, comes not, but makes default, and the plain
tiff, waiving a Jury, submits this cause to the Court upon the
petition and proofs, and the Court having duly heard and consid
ered the same doth assess the plaintiffs damages at the sum of one hundred and forty nine dollars
and sixty cents. It is therefore considered by the Court that the plaintiff recover of the defendant
the damages aforesaid in form aforesaid as assessed and her costs herein expended and have execution therefor.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
the said garnishee be discharge hence at this costs and that execution
issue therefor. Five dollars is allowed said garnishee.
On notes. Now comes the plaintiff, by her attorney, but the defendants, although duly
called, come not; and the Court finds from the instruments in writing on
which this action is founded that the defendants are indebted to the plain
tiff in the sum of two thousand one hundred and sixty five dollars and
of the defendants the sum aforesaid in form aforesaid as found and her costs
herein expended and have thereof execution.
On note. Now come the parties, by their attorneys, and having argued
the demurer herein submit the same to the Court, and
the Court being fully advised of and concerning the premises
doth order that the said demurer be overruled; thereupon the defendant although duly summoned and being now
solemnly called comes not but makes default, wherefore on motion of the plaintiffs, it is ordered
by the Court that the petition herein be taken against said defendant as confessed; and the Court finds
from the instrument in writing on which this action is founded that the defendant is indebted to the
plaintiffs in the sum of three hundred and ninety six dollars and sixteen cents. It is therefore consid
ered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as
found and their costs herein expended and have execution therefor.
The plaintiffs motion to strike out parts of the answer herein being heard and fully considered
by the Court it is ordered that the same be sustained.
The demurer to the Counterclaim being heard and fully understood by the
Court it is ordered that the same be sustained.
By consent of parties, it is ordered by the Court that the defendants
motion to modify the order appointing a Receiver be sustained and
that said Receiver proceed to collect the subscriptions to the capital
stock of said City Bank of St Louis at such times and for such amounts as the Court may
direct.
Motion for a new trial and motion in arrest of judgment filed.
Denial of answer filed.
Motion to strike out part of answer filed.
Agreed case filed.
Petition. Now come the parties, by their respective attorneys, and waiving a Jury sub
mitt this cause to the Court upon the pleadings and proofs, and the Court,
having duly heard and considered the same, doth find for the plaintiff and
assess her damages sustained by reason of the premises in the petition mentioned
at the sum of five thousand dollars. It is therefore considered by the Court that the plaintiff recover of
the defendants the damages aforesaid in form aforesaid as assessed and her costs herein expended and have
execution therefor.
The demurer to the petition herein being heard and fully understood it is ordered
that the same be overruled.
The defendants motion for security for costs herein being heard and
fully considered by the Court it is ordered that the same be
sustained and that the plaintiff file security for costs within
thirty days. Continued by consent at plaintiffs costs.
Order of Publication.
Now comes the plaintiff and files a petition and affidavit Iron which it appears
to the Court that the defendant is a non resident of the State of Missouri therefore
on motion of the plaintiff, by his attorney, it is ordered by the Court that the said defen
dant be notified that a civil action has been commenced against her to obtain a decree of divorce from
her on the ground of desertion and that unless she be and appear at the next term of this Court to begun
and held at the City of St Louis within and for the County of St Louis on the last Monday of September
next and on or before the sixth day, thereof answer demur or otherwise plead to the amended petition herein
the same will be taken against her as confessed. It is further ordered that a copy, hereof be published
according to law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
Continued by consent.
Alias Summons ordered.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this
cause be dismissed at the plaintiffs costs and that execution issue therefor.
The plaintiff having failed to filed security for costs herein within the time allowed
him so to do, therefore it is ordered by the Court that this cause be dismissed and
that execution issue against said plaintiff for the costs herein.
Ordered that a subpoena
with him lease from him to Louis Engle deceased.
Continued by consent.
Continued.
Motion to suppress depositions field. The plaintiffs motion to suppress the defendant depositions being heard and fully
considered by the Court it is ordered that the same be sustained. Leave given to
withdraw depositions. Continued as on affidavit at defendants costs.
Motion to set aside judgment by default filed.
Motion for a new trial filed.
Continued on affidavit at defendants costs.
Depositions for plaintiff opened and filed.
Petition on Note and Contract.
Now come the parties, by their respective attorneys, and waiving a Jury submit this
cause to the Court upon the pleadings and proofs and the Court having duly
heard and considered the same doth find there from that the defendant is indebt
ed to the plaintiff in the sum of twenty five hundred and sixty four dollars and sixty cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform
aforesaid as found and also his costs herein expended and have therefor execution. Judgment to bear ten
percent interest. Motion for a new trial filed.
Petition.
Now come the parties by their respective attorneys, and thereupon come also a
Jury, to wit;
dings are continued until tomorrow morning.
Murder in the first degree.
The Court having duly heard and considered the defendants motion for a
new trial herein and being thereof fully advised doth order that the same
be overruled.
Court met pursuant to adjournment. Present as before.
Change of Venue.
It appearing to the Court that the first writ of attachment against the defen
dant issued from the office of the Clerk of the St Louis Court of Common
Pleas, it is ordered by the Court that the venue of this cause be changed to
the St Louis Court of Common Pleas, and that the Clerk of this Court cause all the original papers
in this cause to be filed in the office of the Clerk of said St Louis Court of Common
with a certified copy of all the record entries herein.
Change of Venue.
It appearing to the Court that the first writ of attachment against the defendant
if and which property was attached issued from the office of the Clerk of the
St Louis Court of Common Pleas, it is ordered that the venue of this cause be
changed to the St Louis Court of Common Pleas, and the Clerk of this Court cause all the
original papers together with a certified all the record entries herein to be filed in the office of the
Clerk of said St Louis Court of Common Pleas.
Change of Venue.
It appearing to Court that the same property attached herein has
been attached by virtue of several writs against the defendant and
that the first writs issued from the St Louis Court of Common Pleas,
it is ordered by the Court that the venue of this cause be changed to the St Louis Court of Common
Pleas and that the Clerk of this Court cause all the original papers and a certified copy of the
record entries herein to be filed in the Office of the Clerk of said St Louis Court of Common Pleas.
Change of Venue.
It appearing to the Court that the property attached herein has been at
ttached in several suits against the defendant and that the first writs
issued from the St Louis Court of Common Pleas, therefore it is ordered by the
Court that the venue of this cause be changed to the St Louis Court of Common Pleas and that the
Clerk of this Court cause all the original papers and a certified copy of the record entries herein to be
filed in the office of the Clerk of said St Louis Court of Common Pleas.
Change of Venue.
It appearing to the Court that the property attached herein
has been attached in several suits against the defendant and
that the first writs issued from the St Louis Court of Common
Pleas, therefore 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 cause all the original
papers and a certified copy of the record entries herein to be filed in the office of the Clerk of said
St Louis Court of Common Pleas.
Change of Venue.
It appearing to the Court that a portion of
the property attached herein has been attached in several suits against
the defendant in the St Louis Court of Common Pleas, therefore it is
ordered by the Court that the venue of his caused be changed to the St Louis
Court of Common Pleas and that the Clerk of this Court cause the original papers and a certified copy of the
record entries herein to be filed in the office of the Clerk of said St Louis Court of Common Pleas.
Change of Venue.
It appearing to the Court that the property attached herein has
been attached under several other writs against the defendant and
that the first writs issued from the St Louis Court of Common
Pleas, therefore it is ordered by the Court that the venue of this cause be changed to the St Louis Court
of Common Pleas, and that the clerk of this court cause to be filed in the office of said St Louis Court
of Common Pleas, all the original papers and a certified copy of the record entries herein.
Change of Venue.
It appearing to the Court that the property attached herein has been
attached under several other writs against the defendant and that the first
writs under which said property was attached issued from the St Louis
Court of Common Pleas, therefore it is ordered by the Court that the venue of this cause be changed
to the St Louis Court of Common Pleas, and that the clerk of this court cause to be filed in the
office of said St Louis Court of Common Pleas the original papers and a certified copy of the record
entries herein.
Change of Venue.
It appearing to the Court that the property attached herein has been
attached under several other writs against the defendant and that the first writs
under which said property was attached issued from the St Louis
Court of Common Pleas, therefore it is ordered by the Court that the venue of this cause be changed to
the St Louis Court of Common Pleas, and that the clerk of this court cause to be filed in the
office of said St Louis Court of Common Pleas, all the original papers and a certified
copy of the record entries herein.
Charge of Venue.
It appearing to the Court that the first writs of attachment be against
the defendant issued from the St Louis Court of Common Pleas, there
fore, it is ordered by the Court that the venue of this cause be changed
to the St Louis Court of common Pleas, and that the Clerk of this Court cause to decree of be filed in the
office of the Clerk of said Court, the original papers and a certified copy of the record entries herein.
On motion of the plaintiffs, by their attorneys, and a change
of venue to the St Louis Court of Common pleas having been
ordered in the original cause, it is ordered by the Court that
the papers in this proceeding be transferred to said St Louis
Court of Common Pleas.
Charge of Venue.
It appearing to the satisfaction to the Court that the property
attached herein has been attached under several other writs against the
defendant and that the first writs under which said property
was attached issued from the St Louis Court of Common Pleas, therefore it is ordered by the
Court that the venue of this cause be changed to the St Louis Court of Common Pleas, and that
the clerk of this court cause to be filed in the office of said St Louis Court of Common Pleas, all the original papers and
a certified copy of the record entries herein.
Charge of Venue.
It appearing to the Court that the first writs of attachment be against the defen
dant issued from the St Louis Court of Common Pleas, there fore, it is or
dered by the Court that the venue of this cause be changed to the St Louis Court of
common Pleas and that the paper herein be transferred to Said Court.
Charge of Venue.
It appearing to the Court that the first writs of attachment be against the
defendant,
therefore, on motion of the plaintiffs, by their attorney, order by the
Court that the venue of this cause be changed to the St Louis Court of
Common Pleas, and that the papers herein be transferred to said Court.
Charge of Venue.
It appearing to the Court that the first writs of attachment be against the defen
dant, issued from the St Louis Court of Common Pleas, therefore, on motion of
the plaintiffs, by his attorney, it is ordered by the Court that the venue of this
cause be changed to the St Louis Court of common Pleas and that the paper herein be transferred
to Said Court.
On motion of the plaintiffs, by their attorney, it is ordered by the Court
that this cause be dismissed and that execution issue against the
plaintiffs for the costs.
The defendants motion to suppress plaintiffs depositions being heard
and fully understood by the Court it is ordered that the said motion
be sustained and that the plaintiffs depositions taken in Cincinnati
Ohio be suppressed, Cause continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued on affidavit at defendants costs.
Deposition for defendant opened and filed.
Order of Publication.
The Sheriff having made return that the defendant cannot be found and the
Court being satisfied that the ordinary process of law cannot be saved upon the
said defendant, therefore, on motion of the plaintiff, by his attorney, it is ordered
by the Court that she be notified that a civil action has been commenced against her to obtain a
decree of divorce from the bonds of matrimony contracted with her by the plaintiff on the ground of
desertion, and that unless she be and appear at the next term of this Court to be begun and holden all
the city of St Louis, within and for the County of St Louis on the last Monday of September next,
and on or before the sixth day thereof answer demur or otherwise plead to the petition herein the same
will be taken against her as confessed. It is further ordered that a copy here of be published accor
ding to law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
Deposition for plaintiff opened and filed.
On account.
Now come the plaintiffs, by their attorney, but the defendant although duly
summoned and called comes not but makes default, wherefore, on motion
of the plaintiffs, it is ordered by the Court that the petition herein betaken
against herein as confessed; and the Jerry being required, the Court, from the proofs, doth
assess the plaintiffs damages at the sum of two hundred and ninety five dollars. It is therefore
considered by the Court the plaintiffs recover of the defendant the damages aforesaid in form
aforesaid as assessed and his costs herein expended and have therefor execution.
Petition.
Now again come the parties, by their respective attorneys, and also the Jurors
empanelled and sworn herein, and thereupon the trial progressed and being
finished the Jurors retire to consider of their verdict.
Petition.
Now come the parties, by their respective attorneys, and also come a
Jury, to wit;
wood
duly elected, trial and sworn the issues herein joined well and truly to try the trial progressed
but not being finished further proceedings are laid over until to morrow.
order of Publication, The plaintiffs file a petition and affidavit from
which it appear that the defendant visa non resident of the State of Mis
souri therefore on motion of said plaintiffs, by their attorney, it is ordered by the
Court that the said defendant be notified that a civil action has been com
menced against him founded on a note for the sum of three hundred and
three dollars and forty two cents, and that his property has been attached and unless he be and appear at the next
term of this Court to be begun and held at the City of St Louis of St Louis within and for the County of St Louis, on
the last Monday of September next, and on or before the third day thereof answer the petition herein the
same will be taken against him as confessed. It is further ordered that a copy, hereof be published
according to law in the Missouri Democrat newspaper printed and published in the City of St Louis.
Court met pursuant to adjournment. Present as before.
Depositions for plaintiff opened and filed.
Answer and counter claim filed by consent. Reply to Counter claim
filed.
On account.
Now comes the plaintiff, by his attorney, but the defendant, although
duly called, comes not, and, no Jury being required, the Court form the proofs offered doth asses the plaintiffs damages at the sum of one hun
dred and two dollars and fifty cents. It is therefore considered by the Court that the plaintiff
recover of
release of said defendant, the damages aforesaid and his costs herein expended and have thereof
execution.
Now comes the plaintiff, by his attorney, but the said garnishees,
although duly summoned and called, come not but make de
fault, wherefore, on motion of the said plaintiff, it is ordered
by the Court that the interrogatories be taken against them as confessed.
Petition.
Now again come the parties, by their attorneys, and also come the Jurors,
empanelled and sworn herein, and upon their oaths say they are unable to
agree upon a verdict; wherefore, it is ordered by the Court that the Jurors be
discharged and this cause continued.
Order of Publication. Attachment.
The plaintiff having filed a petition and also an affidavit from whit it
appear that the ordinary process of law cannot be served upon the defen
dant, therefore, on motion of the plaintiff, by his attorney, it is ordered by the
Court that the said defendant be notified that a civil action has been commenced against him
founded an a note for the sum of twelve hundred and three dollars, and that his property has
bun attached and unlego he be and appear at the next then ofthis Court, to be begun and held at
the City of St Louis, within and for the County of St Louis, on the last Monday of September
next and on or before the third day thereof answer demur to or otherwise plead to the petition
herein judgment will be rendered against him and his property sold to satisfy the same. It is
further ordered that a copy hereof be published according to law in the Missouri Republican,
a newspaper printed and published in the City of St Louis.
Now comes the plaintiff, by his attorney and says he will not further prose
cute this action. It is therefore considered buy the Court that the defen
dant go hence without day and recover of the plaintiff his costs herein
and have execution therefor. Agreement filed.
Order of Publication. Attachment.
The plaintiff having filed a petition and also an affidavit from which
it appears that the defendant cannot be served with the ordinary proofs
of law, therefore, on motion of the plaintiff, by his attorney, it is ordered by
the Court that the said defendant be notified that a civil action has been commenced against
him for the sum of twelve hundred and fifty dollars founded on two promissory notes and
that his property has been attached and unless he be and appear at the next term of this Court
to be begun and held at the City of St Louis within and for the County of St Louis in the last
Monday of September next, and on or before the third day thereof answer the plaintiffs petition
judgment will be rendered against him and his property sold to satisfy the same. It is further
ordered that a copy hereof be published according to law in the Missouri Republican a news
paper printed and published in the City of St Louis.
Order of Publication. Attachment.
The plaintiff having filed a petition and also an affidavit from which it appears
that the defendant is a non resident of the State of Missouri, therefore, on
motion of the plaintiff, by his attorney, it is ordered by the Court that the said
defendant be notified that a civil action has been commenced against him on account of a
promissory note executed by the defendant and goods sold and delivered to the defendant by
the plaintiff and that his property has been attached and unless he be appear at the next
term of this Court to be begun and held at the City of St Louis, within and for the County of
St Louis on the last Monday of September next and on or before the third day thereof answer
the plaintiffs petition judgment will be rendered against him and his property sold to satisfy the
same. It is further ordered that a copy hereof be published, according to law, in the Missouri
Republican a newspaper printed and published in the City of St Louis.
Order of Publication. Attachment.
On motion of the plaintiffs, by their attorney, it is
ordered by the Court that the defendant
KinKead
commenced against him for the sum of fifteen
hundred dollars on account of the failure of the
defendants to transport and pay over to the plaintiffs
the said amount of fifteen hundred dollars delivered to them for that purpose by one
Voorhis
term of this Court to be begun and held at the City of St Louis within and for the County of
St Louis on the last Monday of September next and on or before the third day thereof answer
the plaintiffs petition judgment will be rendered against him and his property sold to satis
fy the same. It is further ordered that a copy hereof be published, according to law, in the Missouri
Republican a newspaper printed and published in the City of St Louis.
Order of Publication. Attachment.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the defen
dant be notified that a civil action has been commenced against him for the sum
of two hundred dollars founded on a promissory note executed be the defendant
and are
of this Court to be begun and held at the City of St Louis within and for the County of St Louis on the last Monday of
September next and on or before the third day thereof answer the plaintiffs petition judgment will be rendered against
him and his property sold to satisfy the same. It is further ordered that a copy hereof be published, accor
ding to law, in the Missouri Republican a newspaper printed and published in the City of St Louis.
Order of Publication. Attachment.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the de
fendant be notified that a civil action has been commenced against him for the sum
of five thousand four hundred dollars on account of money lent and advanced
to him by the plaintiff and also an account of three promissory notes executed by him to the plaintiff
and that his property has been attached and unless he be and appear at the next term of this Court
to be begun and held at the City of St Louis within and for the County of St Louis on the last Monday
of September next and on or before the third day thereof answer the plaintiffs petition judgment will
be rendered against him and his property sold to satisfy the same. It is further ordered that
a copy hereof be published, according to law, in the Missouri Republican a newspaper printed
and published in the City of St Louis.
Order of Publication. Attachment.
On motion of the plaintiffs, by their attorney, it is ordered by the Court
that the defendant be notified that a civil action has been commenced
against him for the sum of three hundred and one dollars founded
on a judgment recovered by the plaintiffs against the defendant and
that his property has been attached and unless he be and appear at
the next term of this Court to be begun and held at the City of St Louis within and for the County of
St Louis on the last Monday of September next and on or before the third day thereof answer,
the plaintiffs petition judgment will be rendered against him and
his property sold to satisfy the same. It is further ordered that a copy hereof be published, accor
ding to law, in the Missouri Republican a newspaper printed
and published in the City of St Louis.
On Indictment for Murder in the first degree.
Now again comes the Circuit Attorney, who prosecutes for the State, and the
said defendant being bought into Court in custody of the Sheriff, and his coun
sel also being present, and the Court here having duly heard and considered the
said defendants motion in arrest of judgment herein before filed and being thereof fully advised, there
fore, it is considered by the Court that said motion be overruled: and thereupon the said defendant being
demanded if he hath or knoweth anything to say why the Court here should not now proceed to
pays sentence of death upon him, according to law, to which the defendant then and there replies he has
nothing to say; therefore it is considered by the Court that said
this Court to the place from whence he came there to remain until Friday the first day of July
next, thence on that day to be taken to the place of execution, and there between the hours of ten o'clock
in the forenoon and four o'clock in the afternoon of the day aforesaid be hanged by the neck until he
be dead; and it is further directed by the Court that the
this Court commanding the Sheriff to carry this sentence into execution: Whereupon the said defendant,
by this counsel prays an appeal to the Supreme Court from the judgment of this Court herein rendered
and also prays the Court to stay the execution of said judgment, and the Court here being of opinion that
there is probable cause for said appeal doth grant the same, but doth refuse to grant a stay of the execu
tion of said judgment.
Replevin.
Now come the parties, by their respective attorneys, and agree that judgment
be rendered herein for plaintiffs for property and one cent damages. It is
therefore considered by the Court that the plaintiffs have and retain pos
session of the property mentioned in petition and affidavit and recover of the
defendant the damages aforesaid in form aforesaid as agreed upon and also their costs herein expended
and have execution therefor.
Petition.
Now again come the parties, by their respective attorneys, and also the Jury
empanelled and sworn herein and thereupon the trial progressed but not
being finished further proceedings are laid over until to morrow morning.
Court met pursuant to adjournment. Present as before.
Who is personally known to the Court, in open Court acknowledges the
Execution of a deed of emancipation to his slave Adeline Thomas of
copper color, middle size and about thirty two years of age.
Petition on account.
Now comes the plaintiff by his attorney, and no Jury being required,
the Court from the proofs doth assess the plaintiffs damages at the
sum of one hundred and fifty four dollars and fifteen cents. It
is therefore considered by the Court that the plaintiff recover
of the defendant the damages aforesaid in form aforesaid as assessed
and his costs herein expended and have execution therefor.
On account.
Now comes the plaintiff by his attorney, and no Jury being required,
the Court from the proofs doth assess the plaintiffs damages at the sum
of two hundred and sixty two dollars and forty cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendant the damages aforesaid in form
aforesaid as assessed and his costs herein expended and have execution therefor.
Plaintiff, in person, acknowledges to have received full and entire satisfaction of
the judgment rendered herein
Depositions for plaintiffs opened and filed.
Answer filed.
Depositions for plaintiff filed.
Cause continued.
Continued
Continued by consent.
Answer filed.
Dedimus to Pennsylvania for defendant ordered.
Now again come the parties, by their respective attorneys, and also the Jury empanelled
and sworn herein and thereupon the trial progressed and being finished the Jury
retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
Continued.
On note.
Now come the parties, by their respective attorneys, and the Court having duly
heard and considered the demurrer to the counter claim doth order that the
same be sustained; and no Jury being required the Court from the proofs
doth find that the defendant is indebted to the plaintiff in the sum of three hundred and seventy
five dollars and ninety cents. It is therefore considered by the Court that the plaintiff recover of
the defendant the debt aforesaid in form aforesaid as found and his costs in this behalf expended
and have execution therefor.
On Bill of Exchange.
Now at this day come the plaintiffs and the defendants,
Chappell
by their respective attorneys, and thereupon the plaintiffs
dismiss this suit as to the defendants,
cause to the Court upon the pleadings exhibits and proofs,
and the Court having duly heard and considered the same doth find there form in that the defendants are
indebted to the plaintiffs in the sum of nine thousand and ninety two dollars and twelve cents. It is there
fore considered by the Court by the Court that the plaintiffs recover of the defendants the sum aforesaid as found and
their costs herein expended and have execution therefor. The plaintiffs and the defendants file motions
for a new trial herein.
Petition.
Now at this day come the plaintiffs, by their curator,
Hartshorn
Ballas
by their attorney, and the defendants,
and her husband
being now solemnly called come not but make default, where
fore, on motion of the plaintiffs, it is ordered by the Court
that the matters and things stated in the petition be taken
against the said
cause is submitted to the Court upon the pleadings and proofs, and the being fully advised
of and concerning the premises, doth consider, order and adjudge as follows;- that the proceeds of the
estate of
executor or otherwise amounts to the sum of three thousand nine hundred and nine dollars and
sixty six cents, That with the interest thereof said
their lives, as required by the will of said
and in all other matters in the management of said estate and the distribution thereof has
acted wisely, prudently and in accordance with the best interest of all the parties claiming part
thereof; that the entire interest of Polly Smith in said estate, being one fifth equal to the sum of
seven hundred and eights one dollars and ninety three cents, was, at instance and request, invested
in real estate in the State of Illinois, which she used and enjoined during her life, and at her
death paged to her children, and the defendants have no further claim therefor against said
executor; that the one fifth portion of said estate, being the sum of seven hundred and eighty one
dollars and ninety three cents, due defendant,
vanced and paid to her, and she and her husband have no further claim or demand against
said executor therefor; that by prudent investment of the one fifth part of said estate due said
plaintiffs, as heirs of
ninety three cents, has now increased to the sum of thirteen hundred and forty five dollars
and seventy cents, and the same is now held by the said
brother, for the use of said plaintiffs, jointly: therefore it is adjudged and ordered that the said
action of the defendant,
said estate, and proceeds thereof, be and the same is hereby ratified and confirmed, as to all par
ties in this litigation: and it is further ordered that the said
Hartshorn
hundred and forty five dollars and seventy cents, in full of their claims and demand against him as
executor or otherwise, and the written receipt of said
binding on said plaintiffs, or either of them, for the same. It is further ordered that each party pay
their own costs in this behalf expended and that execution issue therefor.
Motion for a new trial filed.
Continued.
On motion of the plaintiff, by its attorney, it is ordered by the
Count that this cause be dismissed a tits costs and that execution
issue therefor.
On motion of the plaintiff, by his attorney, ten days additional time
is given him to file an amended petition herein.
Agreement filed and cause continued by consent.
Court met pursuant to adjournment. Present as before.
On Bills of Exchange.
On motion of the plaintiffs, by their attorney, it is ordered
by the Court that the entry made herein on the yesterday,
the sixth, instant, be set aside, and the following entered
Now come the plaintiffs and the defendants,
Hancock
respective attorneys, thereupon the plaintiffs dismiss
this suit as to the defendants,
cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered
the same doth find there from that the defendants,
tiffs in the sum of six thousand and seventy eight dollars and fifty cents, and that the defendants,
ninety two dollars and nineteen cents. It is therefore considered by the Court that the plaintiffs re
cover of the defendants the sums aforesaid in form aforesaid as found by the Court and there costs
herein expended and have execution therefor. Motions for a new trial field.
Petition.
Now come again the parties, by their respective attorneys, and thereupon
come also the Jury empanelled and sworn herein, and being agreed upon
a verdict upon their oaths find for he plaintiff and assess his damages
at the sum of one hundred and thirty four dollars and two cents. It is therefore considered by the
Court that the plaintiff recover of the defendant the damage aforesaid in form aforesaid as
assessed and his costs herein expended and have execution therefor. Thereupon the plaintiff files an
assignment of the above judgment to
Inventory filed.
On motion of the assignee herein,
and
property and effect assigned.
Now comes the plaintiff and files a petition for freedom
and also an application for case to sue as a poor person, and
at appearing to the satisfaction of the Court that the petition
contains sufficient matter to authorize the commencement of
a suit. It is ordered that the said plaintiff be allowed to sue
as a poor person, and that he have reasonable liberty to attend
his counsel and the Court, as occasion may require, and that
he be not removed out of the jurisdiction of this Court and be
not subject to any swerity on account of this application for freedom.
Confession of Judgment. Now come the defendant and files a statement in writing duly verified by
affidavit, whereby he confesses himself indebted to the plaintiff in the sum
of two hundred and sixty three dollars and eighty five cents, and consents
that judgment may be rendered against him for that sum. It is therefore considered by the
Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as confessed
and his costs herein expended and have thereof execution.
Confession of Judgment. Now comes the defendant and files a statement in writing duly verified by
affidavit whereby be confesses himself indebted to the plaintiff in the sum
of five hundred and forty dollars and fifty eight cents, and consents that
judgment be rendered against him for that amount. It is therefore considered by the Court
that the plaintiff recover of the defendant the sum aforesaid as confessed and his costs herein expen
ded and have execution therefor.
On Bond. Now come the parties, by their respective attorneys, and by leave
of Court
terclaim refilled herein, by consent, and a written reply thereto
waived; and no jury being required the Court from the proofs
doth find that the defendants are indebted to the plaintiff in
the sum of one hundred and thirty dollars. It is therefore considered by the Court that the
plaintiff recover of the defendants the damages aforesaid in form aforesaid as found and his costs
herein expended and have execution therefor.
Now at this day comes
by the Court to investigate the accounts of the plaintiff and defendant
with the late firms of
and Company
herein which motion being seen heard and by the Court fully understood, it is ordered that the
same be sustained; and in accordance therewith it is ordered by the Court that
Berthoud
in his hands, the sum of one hundred and eighty two dollars for services by said
Commissioner, up to this time rendered; and further that he pay, to said
to month, out of the funds as aforesaid, compensation, for his services as said Commissioner,
as claimed by him.
By consent of parties until the ninth instant is given the defendant
to answer herein.
Petition.
Now come the parties, by their respective attorneys, and the plaintiff
withdraws his motion to strike out parts of amended answer herein,
and the parties waiving a Jury submit this cause to the Court upon the
pleadings and proofs and the Court having duly heard and consid
ered the same doth find for the defendant. It is therefore considered
by the Court that the plaintiff take nothing by his suit herein but that the defendants go hence
without day and recover of the plaintiff their costs in this behalf expended and have execution therefor.
On Check.
Now comes the plaintiff, in person, but the defendant, although duly called
comes not nor hath he answered demurred or otherwise pleaded to the plain
tiffs petition wherefore on motion of the plaintiff, it is ordered by the Court that
the petition herein be taken against him as confessed; and the Court finds from the instrument in
writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of
three hundred and three dollars and thirty cents. It is therefore considered by the Court that the
plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein
expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendant although duly
called, comes not, nor hath he answered, demurred or otherwise pleaded to the
petition herein, wherefore, on motion of the plaintiff, it is ordered by the Court
that the said petition betaken against the defendant as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defendant is indebted to the plain
tiff in the sum of eleven hundred and fifty eight dollars and fifty three cents. It is therefore consid
ered by the Court that the plaintiff recover of the defendant the debt aforesaid inform aforesaid
as found and his costs herein expended and have execution therefor. Judgment to bear interest at the
rate of ten per cent per annum.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that
that this cause be dismissed at their costs and the execution issues therefor.
The plaintiffs motion to strike out the set off herein being hear and
fully considered by the Court it is ordered that the same be sustained.
The defendants motion to strike out parts of the petition herein being heard
and fully considered by the Court it is ordered that the same be sustained.
Court met pursuant to adjournment. Present as before.
Now come the defendants by their attorney, and the plaintiff failing to
amend, therefore on motion of said defendants, by their attorney, it is
ordered by the Court that final judgment for defendants be rendered on
the demurrer herein. It is therefore considered by the Court that the plain
tiff take nothing by her suit herein but that the defendants go hence without day and recover of the
plaintiff their costs herein and have execution therefor.
The plaintiff failing to amend, therefore on motion of the defendants, by
their attorney, it is ordered by the Court that the defendants go hence
without day and recover of the plaintiff their costs herein expended and
have thereof execution.
Depositions for defendant opened and filed.
On note.
Now come the plaintiffs, by their attorney, but the defendants, although
duly summoned and called, come not but makes default, wherefore, on
motion of the plaintiffs, it is ordered by the Court that the petition
herein be taken against them as confessed; and the Court finds from
the instrument in writing on which this action is founded that the de
fendants are indebted to the plaintiffs in the sum of four hundred and
four dollars and twenty six cents. It is therefor considered by the Court that the plaintiffs recover
of the defendants the debt aforesaid inform aforesaid as found and their costs herein expended and
have execution therefor.
On account.
Now come the plaintiffs, by their attorney, but the defendants, although
duly and called, come not but makes default, wherefore it is
ordered by the Court that the petition herein be taken against them as con
fessed; and no Jury being required the Court from the proofs assesses the
Plaintiffs damages at the sum of one hundred and twenty eight dollars and sixteen cents. It is
therefor considered by the Court that the plaintiffs recover of the defendants the damages aforesaid
and their costs herein expended and have execution therefor against the property attached.
On account.
Now come the plaintiffs, by their attorney, but the defendants,
although duly summoned and called, come not but make
default, wherefore it is ordered by the Court that the petition
herein be taken against them as confessed; and no Jury being
required the Court from the proofs assesses the Plaintiffs damages at the sum of four hundred
and twenty four dollars and eighty seven cents. It is therefor considered by the Court that the
plaintiffs recover of the defendants the damages aforesaid and its costs herein expended and
have execution therefor.
On notes.
Now come the plaintiffs, by their attorney, and dismiss
this suit as to the defendant,
come not but make default, wherefore the petition herein
is taken against them as confessed; and the Court doth
find from the instruments in writing on which this
action is founded that the defendants are indebted to the plaintiffs in the sum of seven hun
dred and thirty one dollars and one cent. It is therefore considered by the Court that the
plaintiffs recover of the defendants the sum aforesaid as found and their costs herein expended
and have execution therefor.
Continued as on affidavit at plaintiffs costs.
Answer filed.
Continued as on affidavit at plaintiffs costs.
The defendant,
fully considered by the Court, it is ordered that the same be overruled.
On notes.
Now come the parties, by their respective attorneys, and consent and
agree that the attachment herein be dissolved and judgment
rendered herein for the plaintiffs for the sum of six hundred and
and twenty five dollars and twenty one cents. It is therefore con
sidered by the Court that the plaintiffs recover of the defendants
the sum aforesaid as agreed upon and their costs herein expended and have execution, therefor.
The parties consent that execution be stayed until
Plaintiffs, by their attorney withdraw their motion to strike out part
of the answer herein.
Continued on affidavit at defendants costs.
The Court having duly heard and considered the defendants motion
to dismiss this suit doth order that the same be sustained. It is
therefore considered by the Court that this cause be dismissed at the
plaintiffs costs and that execution issue therefor.
Answered filed by the defendant.
Continued on application of defendant at his costs.
Continued by consent.
Continued by consent.
Depositions for plaintiff opened and filed.
By consent a parties, it is ordered by the Court that this cause be
dismissed a defendants costs and that execution issue therefor.
amended answer of
filed.
Motion for security
for costs filed.
Amended answer filed.
Continued as on affidavit at defendants costs.
On note.
Now comes the plaintiff by his attorney, and the plaintiff dismisses
this but the defendants,
ing a Jury submit its this cause to the Court upon the pleadings and
proofs and the Court having duly heard and considered the same
doth find that the defendants are indebted to the plaintiff in the
sum of three hundred and seventy four dollars and ninety two cents. It is therefore considered
by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs
herein expended and have thereof execution.
Replevin.
Now come the parties, by their respective attorneys, and also a Jury, to wit;
Goldstein
Studley
the issue herein joined well and truly to try the trial progressed but not being finished is laid
over until to morrow morning.
Court met pursuant to adjournment. Present as before.
Dedimus awarded to Illinois for the plaintiff.
On motion of the plaintiffs, by their attorney, it is ordered by the Court
that this cause be dismissed at their costs and that execution issue therefore.
On motion of the plaintiffs, by their attorney, it is ordered by the
Court that this cause be dismissed at their costs and that execution issue therefore.
Now come the plaintiffs, by their attorney, and amend the petition
herein by striking out the name of
co plaintiff, and the defendant files an answer herein.
Murder in the first degree.
Bill of Exceptions filed.
The defendants motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be overruled.
Note.
Now comes the plaintiff, by his attorney, but the defendants
although duly called come not; and no Jury being required
the Court doth find that the defendants are indebted to
the plaintiff in the sum of eight hundred and ninety dol
lars and twenty cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the sum aforesaid and his costs herein expended
and have execution therefore.
Replevin.
Now come again the parties, by their attorneys, and also the Jury
empanelled and sworn herein, and thereupon the trial progressed
and being finished the Jurors aforesaid upon their oaths find for
the plaintiff and assess the damages at the sum of one cent. It is therefore considered by
the Court that the plaintiff is the owner and that he retain the possession of the property
delivered to him and recover of the defendant the damages as assessed and his costs herein ex
pended and have execution therefore.
On motion of the Sheriff of St Louis County leave is given him
to amend his return on the execution herein, which amendment
is accordingly made.
Decree of Divorce.
Now comes the plaintiff by her attorney, but the defendant,
although duly served and solemnly called, comes not but makes
default, wherefore, on motion of said plaintiff, it is ordered by
the Court that the petition herein be taken against him as confessed; and the Court having duly
heard and considered the evidence doth find that the plaintiff is a person of good moral char
acter, and an innocent and injured party. It is therefore considered by the Court that the
plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted
with the defendant and be restored to all the rights and privileges of an un married person and
that she pay the costs herein expended.
Notes.
Now come the parties, by their attorneys, and no Jury being required the Court
from the proofs finds that the defendant is indebted to the plaintiff
in the sum of ten hundred and ninety three dollars and sixteen cents.
It is therefore considered by the Court that the plaintiff recover of the defendant the debt afore
said in form aforesaid as found and his costs herein expended and have execution therefore. Judg
ment to bear ten per cent interest.
Continued.
Continued.
Answer filed.
Demurrer to amended answer filed.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that this cause be dismissed at his costs and that execution issue therefore.
Appeal from Probate Court.
Now come the parties by their attorneys, and the plaintiff
files a bill of specifications and the defendant with draws
his motion to dismiss; thereupon come a Jury, to wit;
duly elected trial and sworn the issues herein joined well and truly to try, further procee
dings were laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Petition Replevin.
Now comes the plaintiff, by his attorney and by leave of Court
files an additional affidavit to his petition herein, but the defen
dant, although duly summoned and called comes not but makes
default, wherefore it is ordered by the Court that the petition herein be taken against
him as confessed: and no Jury being required the Court from the proofs assesses the plain
tiffs damages at the sum of one cent. It is therefore considered by the Court that the plain
tiff retain the possession of the property mentioned in the petition and affidavit and also
recover of the defendant the damages aforesaid and his costs herein expended and have
execution therefore.
Garnishment.
Now comes the plaintiff, by his attorney, but the
garnishees,
duly summoned, come not not have they an
swered the interrogatories herein wherefore, it is
ordered that the said interrogatories be taken against
them as confessed; and to Jury being required, the
Court, on motion of plaintiff, doth assess the amount
due from the garnishees
by the Court that the plaintiff recover of said garnishees the sum aforesaid and his costs
herein expended and have execution therefore.
Garnishment.
Now comes the plaintiff, by his attorney, but the
garnishees,
duly summoned come not nor have they answered
the interrogations herein, wherefore, it is ordered that
the said interrogatories herein be taken against them
as confessed, and the said other garnishees although
called come not; and no Jury being required the
Court doth assess the plaintiffs damages at the sum
of one cent. It is therefore considered by the Court that the plaintiff recover of the said
garnishees,
aforesaid and his costs herein expended and have execution therefore, The plaintiff with
draws the denials of answers of garnishees
files motions for judgment on their answers.
The plaintiff withdraws the denials of the answers
of said garnishees and files motions for judgment
on their answers.
Replication filed.
Motion to relax Sheriffs costs filed.
Note.
Now come the parties, by their respective attorneys, and by consent of
parties leave is given the plaintiff to amend his petition herein, duly in
serting the Christian name,
dant withdraws his answer herein leaving this suit undefended, wherefore, on motion, it is
ordered that the petition be taken against him as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defendant is indebted to
the plaintiff in the sum of two hundred and ninety three dollars and twenty five cents.
It is therefore considered by the Court that the plaintiff recover of the defendant the debt afore
said as assessed and his costs herein expended and have execution therefore.
Order of Publication.
Now comes the plaintiff and files a petition and affidavit from
which it appears that the defendant is a non resident of the State
of Missouri, therefore, on motion of said plaintiff, by her attorney
it is ordered by the court that said defendant be notified that a civil action has been commend
against him to obtain a decree of divorce from on the ground of cruel and barbarous treatment
and desertion, and that unless he be and appear at the next term of this Court, to be begun and
held at the City of St Louis within and for the County of St Louis, on the last Monday of September
next, and on or before the sixth day thereof answer, demur or otherwise plead to the plaintiffs
petition the same will be taken against him as confessed. It is further ordered that a copy
hereof be published, according to law, in the Missouri Democrat, a newspaper printed and pub
lished in the City of St Louis.
Note.
Now come the parties, by their attorneys, and the defendants with
draw their plea in abatement herein, and agree with the plaintiffs
that judgment be rendered herein for the plaintiffs for the sum
of three hundred and nine dollars and seventy four cents. It is there
fore considered by the Court that the plaintiffs recover of the defen
dants the sum aforesaid as agreed upon and their costs herein expended and have execution therefore.
The parties consent that the issue of execution herein be stayed until thirty first day of August next.
The defendants motion to set aside the judgment by default is on consid
eratin by the Court, overruled.
Motion for a
new trial filed
Motion for a new trial filed.
Motion for a new trial filed.
Answer filed.
Now come again the parties, by their attorneys, and also the Jury em
pannelled and sworn herein and thereupon the trial progressed but not
being finished is laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Note.
Now comes the plaintiff, by its attorney, but the defendant,
but makes default, wherefore the petition is taken against
him as confessed; and the Court finds from the instru
ment in writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of four hundred and eighteen dollars
and ninety cents. It is therefore considered by the Court that the plaintiff recover of the defen
dants the debt aforesaid as found and its costs herein expended and have execution therefore.
Now come the plaintiffs, by their, attorney, and acknowledge
to have received the full and entire sum ordered to be paid
by
plaintiffs.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
this cause be dismissed at his costs and that execution issue therefore.
On motion of plaintiff, by his attorney, it is ordered that said garni
shee be discharged at his costs and that execution issue therefore.
On motion of plaintiff, it is ordered by the Court that this cause be dis
missed at his costs and that execution issue therefore.
On motion of plaintiff it is ordered that this cause be dismissed at
his costs and that execution issue therefore.
On motion of plaintiffs it is ordered that this cause be dismissed at
their costs and that execution issue therefore.
Appeal.
Now again come the parties, by their respective attorneys,
and also the Jury empanelled and sworn herein, and
thereupon the trial progressed but not being finished is
laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Order for Delivery.
The plaintiffs come and file a petition and affidavit according
to law claiming the possession of certain personal property therein
described; wherefore it is ordered that the defendant deliver the
property specified in said affidavit to the Sheriff of St Louis
County, and said Sheriff is hereby directed is said property be not delivered to him to
take it from the defendant and deliver it to the plaintiffs.
On motion of plaintiff, it is ordered by the Court that this cause
be dismissed its costs and that execution issue therefore.
Confession of Judgment.
Now comes the plaintiff, by to attorney, and the defen
dants, in person, also come and file a statement in writing
duly verified whereby they confess themselves indebted
to the plaintiff in the sum of sixteen hundred and seventy
one dollars and forty five cents and authorize the Court to
enter judgment against them for that amount. It is therefore considered by the Court
that the plaintiff recover of the defendants the debt aforesaid as confessed and its costs herein
expended and have execution therefore.
Note.
Now comes the plaintiff, by attorney, but the
defendant, although duly summoned and solemnly
called, comes not but makes default, where fore
on motion of the plaintiff, it is ordered by the
Court that the petition herein be taken against him as confessed; and the Court finds that
the defendant is indebted to the plaintiff in the sum of two hundred and sixteen dollars
and fifteen cents. It is therefore considered by the Court that the plaintiff recover of the
defendant the doth aforesaid as found and his costs herein expended and have execution therefore.
On note.
Now come the plaintiffs; by their attorney, and dismiss
this suit as to the defendant,
called, come not but make default, wherefore the Court
finds from the instrument in writing on which this suit
is founded that the defendants are indebted to the plaintiffs in the sum of three hundred
and forty seven dollars and seventeen cents. It is therefore considered by the Court that the
plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and their
costs herein expended and have execution therefore.
On motion of the plaintiff, by his attorney, it is ordered by the
Court that this cause be dismissed at the said plaintiffs costs
and that execution issue therefore.
Now comes the plaintiff, by her attorney,
acknowledges to have received full and entire satisfaction of
the judgment rendered herein on the
summoned so to do.
Statement of issues filed.
Ordered that an alias Summons issue herein returnable to the next
term of this Court.
The parties file a stipulation in these causes.
Statement of issues filed.
Statement of issues filed.
Petition for Production of Books filed.
Depositions for plaintiff opened and filed.
Appeal
Now again come the parties, by their respective attorneys, and
also the Jury empanelled and sworn herein and thereupon the
trial progressed but not being finished is laid over until
tomorrow morning.
Court mat pursuant to adjournment. Present as before.
Order for Delivery. The plaintiff files a petition and also an affidavit, according to law,
Claiming the possession of certain personal property therein described; where
fore, it is ordered by the Court that the defendant deliver the property spec
ified in said affidavit to the
is said property be not delivered to him to take if from the defendant and deliver it to the
plaintiff.
Order of Publication. Attachment. On motion of the plaintiff, by his attorney, it is ordered by the Court that
the defendant be notified that a civil action has been commenced against
him for the sum of four hundred and eighty six dollars and fifty cents.
founded on two promissory notes executed by the defendant to the plaintiff; and that his property
has been attached, and unless he be and appear at the next term of this Court to be begun and held
at the City of St Louis, within and for the County of St Louis, on the last Monday of September
next, and on or before the third day thereof answer demur or otherwise plead to the petition
herein judgment will be rendered against him and his property sold to satisfy the same. It
is further ordered that a copy hereof be published, according to law, in the Missouri Democrat,
a newspaper printed and published in the City of St Louis.
Now comes
misses his interplea herein; thereupon come also the plaintiffs,
by their attorney, and acknowledge to have received full and entire
satisfaction of the judgment rendered herein
Now comes
herein; and the plaintiffs also come, by their attorney, and acknowledge
to have received full and entire satisfaction of the judgment rendered
herein on the
On motion of the plaintiffs, by their attorney, it is ordered that this cause be
dismissed at their costs and that execution issue therefor.
Affidavit of the plaintiff in support of motion for a new trial filed.
Appeal from Probate Court. Now again come the parties, by their attorneys, and also the
Jury empanelled and sworn herein and thereupon the trial
of this cause progressed and being finished the Jurors aforesaid
upon their oaths find for the defendant. It is therefore considered by the Court that the plaintiff take nothing
by his suit herein but that the defendant go hence without day and recover of the said plaintiff his costs
herein expended.
Court met pursuant to adjournment. Present as before.
Note.
Now come the parties, by their attorneys, and agree that
judgment may be rendered herein in favor of the plain
tiffs for the sum of four hundred and four dollars and
fifty cents. It is therefore considered by the Court that
the plaintiffs recover of the defendants the debt as agreed
upon and their costs herein expended and have execution therefore. Judgment to bear interest at
the rate of ten per cent per annum.
Continued by consent.
Continued.
Continued as on affidavit at plaintiffs costs.
Ordered that an alias summons issue for James Morris.
Continued by consent.
Continued.
On account.
Now come the plaintiffs, by their attorney, and dismiss
this suit as to the defendant,
called come not but make default, wherefore the
petition herein is taken against them as confessed; and no Jury being required the Court from the
proofs assesses the plaintiffs damages at the sum of five hundred and thirty four dollars and
sixty cents. It is therefore considered by the Court that the plaintiffs recover of the defendants
the damages aforesaid as assessed and their costs herein expended and have execution therefore.
Note.
Now comes the plaintiff, by his attorney, and files a petition herein,
and the defendants, in person, also come and file an answer herein,
and enter their appearance as if served with process; and the parties
submit this cause to the Court upon said petition and answer,
and the Court finds there from that the defendants are indebted to the plaintiff in the sum of
ten hundred and six dollars and seventy five cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the debt aforesaid as found his costs herein expen
ded and have execution therefor.
Continue by consent at plaintiffs costs.
Ordered that an alias summons issue for defendant
On motion of the plaintiffs, by their attorney, it is ordered
that this cause be dismissed at their costs and that execution
issue therefor.
Continued on affidavit at defendants costs.
On Bills of Exchange.
Now come the parties, by their attorneys, and the defendant withdraws his
answer herein leaving this suit undefended, wherefore the petition herein
is taken against him as confessed; and the Court finds from the instruments
in writing on which this action is founded that the defendant is indebted to the plaintiff in the
sum of five hundred and ninety two dollars and sixty cents. It is therefore considered by the
Court that the plaintiff recover of the defendants the sum aforesaid inform aforesaid as found
and his costs herein expended and have execution therefor.
Continued by consent.
Continued.
Depositions for plaintiff opened and filed.
On note.
Now come the parties, by their attorneys, and waiving a Jury
submit this cause to the Court upon the pleadings and proofs,
and thereupon the trial progressed, but the plaintiffs say
they will not further prosecute this action but voluntarily
take a non suit. It is therefore considered by the Court
that the plaintiffs take nothing by their suit in this behalf but that the defendants go
hence without day and recover of said plaintiffs their costs herein expended and have execution
therefor. Leave given plaintiffs to move to set aside non suit.
Continued as on affidavit at plaintiffs costs.
Continued.
Continued.
Continued.
Continued at defendants costs.
Continued.
Answer filed.
Order of Publication.
The plaintiff files a petition and also an affidavit form which it appears to
the Court that the defendant is a non resident of the State of Missouri there
fore, on motion of the defendant, by her attorney, it is ordered by the Court that
the defendant be notified that a civil action has been commenced against him to obtain a
decree of divorce from the bonds of matrimony by the plaintiff with the defendant, on the ground
of desertion and that unless he be and appear at the next term of this Court to be begun and held at
the City of St Louis within and for the County of St Louis, on the last Monday of September next and
on or before the sixth day thereof answer the plaintiffs petition the same will be taken against
him as confessed. It is further ordered that a copy hereof be published according to law in the
Missouri Republican a newspaper printed and published in the City of St Louis.
On motion of plaintiff, it is ordered that this cause be dismissed at his costs
and that execution issue therefor.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
in the bond given for the production and delivery of the property at
tached produce and deliver said property, towit: thirteen mulis and two horses, to the Sheriff of
St Louis County, at this office forth with; and it is further ordered that
of St Louis County, assign said bond to the plaintiff.
On Bill of Exchange.
Now come the plaintiffs, by their attorney, but he defendant,
makes default, wherefore the plaintiffs petition is taken
against him as confessed; and the defendant
called come not; and the plaintiffs waiving a Jury submit this
cause to the Court upon the pleadings and proofs and exhibit,
and the Court finds there from that the defendants are indebted to the plaintiffs in the sum of seven
hundred and eleven dollars and ninety six cents. It is therefore considered by the Court that the plain
tiffs recover of the defendants the debt aforesaid as found and their costs herein expended and have execu
tion therefor.
Note.
Now comes the plaintiff, and the defendant,
tiff dismisses this suit as to the defendant,
Jury, towit;
Sexton
joined well and truly to try the trial progressed and being finished the Jurors aforesaid upon their oaths find for
the plaintiff and assess the damages at twelve hundred and nineteen dollars and seventy three cents. It is there
fore considered by the Court that the plaintiff recover of the defendant the sum aforesaid as assessed
and his costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
Depositions for plaintiffs opened and filed.
Depositions for plaintiffs opened and filed.
Continued by consent.
Continued.
On note.
Now come the parties, by their attorneys, and on motion
of the plaintiff, it is ordered by the Court that the
judgment rendered herein on the
dant, Roberts; and the parties consent that judgment be
rendered herein in favor of the plaintiff and against the
defendant for the sum of six hundred and thirty four dollars and eighteen cents. It is therefore
considered by the Court that the plaintiff recover of the defendant, the
Manufacturing Company
have execution therefor.
On notes.
Now come the parties, by their attorneys and waiving a Jury submit this
cause to the Court upon the pleadings and proofs, and the Court doth
find therefrom that the defendant is indebted to the plaintiff in the sum
of sixteen hundred and fifty three dollars and sixty cents. It is therefore considered the
Court that the plaintiff recover of the defendant the debt aforesaid as found and his costs herein
expended and have execution therefor.
Order for Production of Book.
Now comes the plaintiff, by his attorney, and files a petition for the
production of a certain book, duly verified by affidavit, and the Court
having duly heard and considered the same doth order that the defen
dant producer on the trial of this cause a certain receipt book containing a large number
of receipts given by the plaintiff to the defendant for moneys advanced by defendant to
the plaintiff.
On motion of plaintiffs, it is ordered by the Court that this cause be dis
missed at their costs and that execution issue therefor. Note withdrawn
Continued on affidavit at the plaintiffs costs.
Continued by consent at defendants costs.
Now come the parties by their attorneys, and also a Jury, to wit;
McNeary
tried and sworn the issues joined well and truly to try, the trial progressed, and by consent
of parties the Jury herein is withdrawn, and this cause continued at the plaintiffs costs.
The plaintiff, by his attorney, acknowledge full and entire satis
faction of the judgment rendered herein on the seventh instant.
Petition.
Now, at this day, come the parties plaintiff and defendants, by
their respective attorneys, and waiving a Jury submit this cause to
the Court, and the Court having duly heard and considered the same
doth find that the said City, Bank of St Louis, at the date of the
lease, described in and made a part of the plaintiffs petition, was
duly and legally organized as a corporation, under an "act of the
General Assembly of the State of Missouri, entitled, an Act to
regulate Banks and Banking Institutions and to create the of
fices of Bank Commissioners", approved the second day of March,
eighteen hundred and fifty seven; and that being so organized the
said City Bank of St Louis did on the first day of July eigh
teen hundred and fifty seven, enter into and execute the died of
lease aforesaid, by which the said City Bank of St Louis became bound to pay to the plaintiff
as rent for the property described in said deed of lease - which was to commence on the
July eighteen hundred and fifty seven
five hundred dollars for the first year of said lease, and four thousand dollars for every year there
after, the rent of each year to be paid in equal installments on the first day of every month during
the said term of five years: and the Court doth further find that, in the organization of said City,
Bank of St Louis, on the
fied as directors of the said City Bank of St Louis, and that said
of St Louis and qualified as such: And the Court doth further find that on the
April, eighteen hundred and fifty, seven
said City Bank of St Louis for one thousand and twenty one shares of its stock at one hun
dred dollars per share, amounting, in the aggregate, to one hundred and two thousand one
hundred dollars, and that between the
and the
tions had been made to the capital stock of said City Bank of St Louis for twenty two shares
of stock amounting to the sum of twenty two hundred dollars; that on the subscriptions afore
said, there had been paid, anterior to the
seven
Directors, the sum of ten thousand six hundred and ten dollars; that there had been paid up
to said date of the
of St Louis by
eighty six dollars and thirty four cents; and that there had been paid by
of office, to said City Bank of St Louis, the sum of two hundred dollars, which said several
sum of money so received amount in the aggregate to the sum of ten thousand nine hundred
and ninety six dollars and thirty four cents; and the Court doth further find that the amount of
money paid out by the said City Bank of St Louis, for expenses up to this date, is fifteen hun
dred and seven dollars and thirty four cents, leaving a balance of nine thousand four hundred
and eighty nine dollars: and the Court doth further find that the check which was given, on
the
said City Bank of St Louis, to the plaintiff, on
five hundred and eighty three dollars and thirty three cents, to pay the rent due the plaintiff
for the months of October and November, eighteen hundred and fifty seven, has never been
paid and that said plaintiff has a judgment against said City Bank of St Louis on said
check, which judgment is still due and wholly unsatisfied: and the Court doth further find
that on the
Mayer
that the vacancy occasioned by his resignation has never been filled: and the Court doth
further find that the General Assembly of the State of Missouri, by an act entitled; an
act to incorporate the Northern Bank of Missouri, approved november twenty third, eigh
teen hundred and fifty seven, enacted that unless the cooperators named in chapter four of
the act of the General Assembly of the State of Missouri, entitled, and act to regulate Banks
and Banking Institutions and to create the offices of Bank Commissioners, approved the second
day of March, eighteen hundred and fifty seven, incorporating the said City Bank of St Louis,
should, on or before the
tablish the said City, Bank of St Louis, and commence the business of Banking as therein spec
ified, that the said chapter should from and after that date be repeated: and the Cour
doth further find that on the
meeting of the board of directors of the said city Bank of St Louis, at which meeting were present
by the said Board of Directors, viz: Whereas, the Board has become satisfied that the charter
of this Bank has does not hold out sufficient
inducements to our citizens or to capitalists from abroad to justify their taking an adequate amount
of stock to enable the Bank to go into operation, and the State Legislature, at its Session in Oc
tober last, having failed to grant the change and amendments asked for; Therefore, be it resolved;
that the President is hereby, instructed to retain a sufficient sum to pay
the rent of his room in the Exchange Building for the months of October and November last
past, and for such other expenses as may exist against this Bank, and then divide the remainder
prorate among the subscribers for stock by giving them his check, as President, upon the Bankers
holding said funds and at once give said Bankers a list of his checks so given: Resolved, that
after the president has complied with the fore giving resolution, he is hereby instructed to give
notice that no further effort will be made to organize said Bank and that the organization so
far as here to fore made be and the same is hereby dissolved: and the Court doth further find
that said
preamble and resolutions aforesaid, and acting by and with the consent and approval of all
of the Directors aforesaid, herein dependants, except
as aforesaid, did illegally and in fraud of the rights of the plaintiff, as a creditor of the said City
Bank of St Louis, refund to the stock holders, the said Directors being among the number, the sum
of eight thousand nine hundred and twelve dollars and forty cents of said paid in capital before
the commencement of this suit, and that each and every one of said stock holders of said Bank
did receive and accept his prorate share of the money so refunded under the resolutions aforesaid,
and that the balance of the money received from stock subscriptions and other sources, amounting
to the sum of five hundred and seventy six dollars and sixty cents, though admitted to have been
received by them anterior to the
said Directors have wholly failed to account for, and that the said directors,
and
belonging to the said City Bank of St Louis amounting to the sum of nine thousand four hun
dred and eighty nine dollars: and the Court doth further find that there is now due and unpaid
to the plaintiff, payable out of the assets of the said City Bank of St Louis, the sum of six
thousand two hundred and twenty five dollars and one cent for and on account of the several
installments of rent payable according to the terms of said deed of lease, together with the
interest on said installments, and that there is also due an sum paid to the plaintiff on account of
costs in after suits paid by said plaintiff and properly chargeable against the assets of the said
City Bank of St Louis the sum of forty one dollars and ten cents, making in the aggregate now
due to the plaintiff the sum of six thousand two hundred and sixty six dollars and eleven cents,
and further that the said plaintiff is entitled to receive under the said lease assent for the
premises therein described the sum of three hundred and thirty, three dollars and thirty three
cents on the first day of every, month hereafter during the time for which said lease was made,
to wit; until the expiration of five years from the
fifty seven
Wherefore, it is decreed by the Court, that the deed of lease described in the plaintiffs petition is
a valid and binding lease for the whole term mentioned in said deed of lease; that all the prop
erty, effects, credits, and assets of the said City Bank of St Louis, of every description are bound
for the payment of the sum of money now due to the plaintiff under the said lease, as well
as for the costs aforesaid paid as aforesaid by the plaintiff, that is to say for the sum of six
thousand two hundred and sixty six dollars and eleven cents, and also for the payment of the
several installments of rent to become due under said lease, each installment being the sum
of three hundred and thirty, three dollars and thirty three cents, payable on the first day, of every
month hereafter during the term of said lease, ending on the
and sixty two
said City Bank of St Louis are a part of the assets of said Bank, and may be collected and
recovered from the subscribers to said stock in order to pay the several sums of money due to
the said plaintiff as a foresaid, and to become due under the said lease: and it is further ordered
and decreed by the Court that the defendants,
B Sanderson
Lucas
on account of their misapplication of the assets of the said Bank, are personally liable to the
plaintiff in this suit for the sum of nine thousand four hundred and eighty nine dollars to be
applied in satisfaction of the rents accrued and accruing under the said lease: and it is adjudged
and decreed that the said
M Cune
Kennett
delay pay to the plaintiff the sum of Six thousand two hundred and sixty sis dollars and
eleven cents, the sum now due to the plaintiff and also his costs in this suit incurred, and that
said plaintiff have execution therefor: and it is further adjudged and decreed that said
and
plaintiff, the sum of three hundred and thirty three dollars and thirty three cents on the first
day of each and every month hereafter during the continuance of the said lease, until the sum
of nine thousand four hundred and eighty nine dollars shall be exhausted or until the further
order of this Court: and upon this failure to pay the said several sums of three hundred and
thirty three dollars and thirty three cents on the first day of each and every month as aforesaid
the said plaintiff upon every such failure shall have execution therefore against them: and
it is further ordered by the Court that the receiver in this cause appointed, shall rent or lease
the premises described in the plaintiffs petition to some good and responsible tenant and collect
from him the rents and apply the same to the payment of any sum or sums of money which
may become due to the plaintiff under the lease aforesaid, and not paid from any other source,
further if it appear to be necessary, in order to pay the sums of money payable under said
lease, whenever the same may become due, then they said recover shall recover and collect from
the persons who subscribed to the capital stock of said City Bank of St Louis a sum suffi
cient to pay to the plaintiff the said several sums of money as the same become due and pay
able to him under the lease, and make report of his proceedings in this behalf to this Court;
and either party have liberty to move the Court from time to time for such other and further or
ders as may be necessary The plaintiff dismisses this suit as to the defendant,
motion for a new trial and also a motion to modify decree filed.
Petition.
Now come the parties, by their attorneys, and thereupon come also
a Jury, to wit;
A B Scuder
and lawful men who being duly elected tried and sworn the issues herein joined well and truly to
try the trial progressed but not being finished is laid over until tomorrow morning.
Court met pursuant to adjournment, Present as before.
wherefore it is ordered that a writ issue to
Agreed Case filed.
Order of Publication. Attachment.
On motion of the plaintiff, by their attorney, it is ordered by the Court
that the defendants be notified that a civil action has been commended
against them for the sum of two hundred and sixty one dollars and
fifty five cents and interest founded on a note executed by the
defendants, and that their property has been attached and unless they be and appear at the
next term of this Court to be begun and held at the City of St Louis within and for the County
of St Louis, on the last Monday of September next, and on or before the third day thereof
answer the plaintiffs petition judgment will be rendered against them and their property
sold to satisfy the same. It is further ordered that a copy hereof be published according to
law in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
Cause continued.
The plaintiffs, by their attorney, come but the said garnishee although
called comes not nor hath he answered herein wherefore it is or
dered that the interrogations herein be taken as confessed.
Answer to amended petition filed.
Petition.
Now come the parties, by their attorneys, and submit this cause to the
Court upon the petition and answer and the Court doth find there from
that the defendants are indebted to the plaintiff in the sum of fifteen
hundred and fifty one dollars and fifty five cents. It is therefore
considered by the Court that the plaintiff recover of the defendants the sum aforesaid as found
and his cost herein expended and have execution therefore.
assignee herein, and the Court doth refer said application to
the same; and it is ordered that said Commissioner report his proceedings with all convenient
speed.
Motion for a new trial filed.
Petition.
Now comes again the parties, by their attorneys, and also the Jury empanelled
and sworn herein, and thereupon the trial of this cause progressed and
being finished the Jury upon their oaths find for the plaintiffs and
assess the damages at the sum of one hundred and twenty dollars. It is
therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form
aforesaid as assessed and their costs herein expended and have execution therefore.
Pet on account.
Now come the plaintiffs and the defendant,
attorneys, and the plaintiffs dismiss this suit as to the defendant,
Grassmuck
find for the plaintiffs and assess the plaintiffs damages at the sum of
one hundred and six dollars and twenty nine cents. It is therefore considered
by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as
assessed and their costs herein expended and have execution therefor.
On note.
Now come the parties day their attorneys, and submit this Cause to the Court
and the Court having duly heard and considered the same doth find that
the defendants are indebted to the plaintiff in the sum of twenty six hundred
and forty eight dollars and fifty cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the debt aforesaid as found and his costs herein expended and
have execution therefore.
Continued as on affidavit at defendants costs.
Petition.
Now come the plaintiff and the defendants,
respective attorneys, and the plaintiff dismisses this suit as to the defendants,
Palmer
tried and sworn the issues herein joined well and truly to try the trial progresses but not being finished
is laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
By consent of the
parties, by their
respective attorneys, it is ordered by the Court that these causes be continued until the next
term of this Court.
The defendant files a second bill of exceptions herein.
By leave plaintiff withdraw the check suedon.
Order for Delivery
The plaintiff comes and files a petition and also an affidavit according
to law claiming the possession of certain personal property therein described;
wherefore it is ordered that the defendants deliver said property in the
affidavit described to the Sheriff of St Louis County, and said Sheriff
is hereby directed if said property be not delivered to him to take it from the defendants and
deliver it to the plaintiff.
The defendants motion for a new trial being heard and fully considered by
the Court, is overruled.
Motion for a new trial filed.
Depositions for plaintiffs opened and filed.
Depositions for defendant opened and filed.
Depositions for plaintiff opened and filed.
Order of Sale.
from which it appears that the keeping of the property attached under
the unit herein will be attended with much expense before the probable
termination of this suit and that the said property is likely to depreciate in value; therefore it is
ordered that said Sheriff proceed to sell said property, according to law, and report his proceedings
herein on or before the first day of the next term of this Court.
Order of Sale.
from which it appears that keeping of the property attached herein will be
attended with much expense before the probable termination of this suit,
and that the same is likely to depreciate in value; therefore it is ordered that said Sheriff sell
said property according to law and report his proceedings herein on or before the next term of this Court.
Order for Production of Books.
The Court having heard and considered the plaintiffs petition for the pro
duction of certain books doth order that the defendants produce on the
trial of this cause the Cash Book, Day Book, Journal and Ledger of
the firm of
Petition.
Now come again the parties, by their attorneys, and also the Jury em
pannelled and sworn herein, and thereupon the trial of this cause progressed
but not being finished is laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Dedimus ordered to New York for defendants.
Amended answer filed by leave of Court.
Amended answer of Nelson and martin filed by leave.
Alias Summons ordered for
Now comes the plaintiff, by attorney, and acknowledges
to have received full and entire satisfaction of the judgment
rendered herein on the
for one hundred and fifty eight dollars and thirty one cents.
On motion of plaintiffs, this cause is dismissed, and it is ordered that
execution issue therefore
The plaintiffs discharge the garnishees and it is ordered that
execution issue against them for the costs. Ten dollars allowed each.
Reply filed.
Petition.
Now come again the parties, by their respective attorneys, and also
the Jury empannelled and sworn herein, and thereupon the trial of
this cause progressed but not being finished further proceedings
are laid over until to morrow morning.
Court met pursuant to adjournment. Present as before.
member of this Bar.
motion for security for costs filed.
Motion to set aside non suit.
Depositions for defendant opened and filed.
Plaintiffs, by their attorney, in open Court acknowledge to have
received full and entire satisfaction of the judgment rendered
herein on the
Bill of exceptions filed.
Alias summons for
Petition.
Now come again the parties, by their respective attorneys, and also
the Jury empannelled and sworn herein, and thereupon the trial
progressed and being finished the Jury aforesaid upon their oaths
aforesaid find for the plaintiff and assess his damages at the sum
of eight thousand nine hundred and seventy four dollars and ten cents. It is therefore considered
by the Court that the plaintiff recover of the defendants the damages aforesaid in from afore
said as assessed and also his costs in this behalf expended and have execution therefore.
Court met pursuant to adjournment. Present as before.
Petition on Note.
Now comes the plaintiff, by his attorney, and files a petition, and
the defendants also come and waiving the issue and service of process
enter their appearance to this action, and file an answer herein;
and the parties, plaintiff and defendants, waiving a Jury submit
this cause to the Court upon the petition note and answer, and the Court having duly heard
and considered the same doth find therefore that the defendants indebted to the plain
tiff in the sum of eleven hundred and eight dollars and twenty five cents. It is therefore
considered by the Court that the plaintiff recover of the defendants to the debt aforesaid in
form aforesaid as found and also his costs herein expended and have execution therefore.
Depositions for plaintiff opened and filed.
Depositions for plaintiffs opened and filed.
Depositions for plaintiff opened and filed.
Continued
Motion for a new trial filed.
Continued.
Continued on affidavit at defendants costs.
On note.
Now come the parties, by their attorneys, and the defendants with
draws his answer herein leaving this suit undefended, wherefore
on motion of plaintiffs, the petition herein is taken against
him as confessed; and the Court finds from the instrument of wri
ting on which this action if found that the defendant is indebted to the plaintiffs in
the sum of two hundred and ninety nine dollars and twenty one cents. It is therefore con
sidered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form
aforesaid as found and their costs herein expended and have execution. therefor.
Now comes
on the unit herein and the bodies of said
and thereupon the hearing of the matters in controversy are laid
over until to morrow morning. Demeurer filed.
Order of Publication. Attachment.
On motion of the plaintiff, by his attorney, it is ordered by
the Court that the defendants be notified that a civil action has
been commenced against them for the sum of fifteen hundred
and sixty four dollars and thirteen cents and interest founded
on two promissory notes executed by them under the firm name
of
they be and appear at the next term of this Court to be begun and held at the City of St Louis
within and for the County of St Louis on the last Monday of September next and an on
before the third day thereof answer the petition herein judgment will be rendered against
them and their property sold to satisfy the same. It is further ordered that a copy here of be
published, according to law, in the Missouri Democrat a newspaper printed and published in
the City of St Louis.
The defendants file an answer herein.
Petition for order on assignee filed. Separate affi
davit of
On Bond.
Now come the parties
that judgment may be rendered herein in favor
of the plaintiff and against the defendants for the
sum of one cent. It is therefore considered by the Court that the plaintiff recover of the defendants
the sum aforesaid as agreed upon and his costs in this behalf expended and have execution
therefor.
On Bond.
Now come the parties, by their attorneys and agree that
judgment be rendered herein in favor of the plaintiff for
the sum of one cent. It is therefore considered by the Court
that the plaintiff recover of the defendant the damages
aforesaid as agreed upon and his costs herein expended
and have execution therefor.
On Bond.
Now come the parties, by their attorneys, and agree that
judgment be rendered herein favor of the plaintiff for the
sum of one cent. It is therefore considered by the Court
that the plaintiffs recover of the defendants the damages
aforesaid as agreed upon and their costs herein
expended and have execution therefor.
The plaintiff files a petition and an application for leave to one as a poor person and the
Court upon consideration thereof, doth order that said application be granted.
Order of publication. Attachment.
The plaintiff files a petition and an affidavit from which
it appears that the defendants are non residents, of this
State, therefore, on motion of the plaintiff by, his attorney, it
is ordered by the Court that the defendants be notified that
sum off two hundred dollars on account of the failure of the defendants to comply with a
contract made by them with the plaintiff for the piloting of the steam boat Stephen Decatur,
and that their property has been attached and unless they be and appear at the next term of
this Court to be begun and held at the City of St Louis within and for the County of St Louis, on
the last Monday of September next and on or before the third day thereof answer to the
action aforesaid judgment will be rendered against them and their property sold to satisfy
the same. It is further ordered that a copy, hereof be published according to law in the Missouri
Democrat a newspaper printed and published in the City of St Louis.
The defendants,
appeal herein, wherefore the Court doth order an appeal be granted to
said defendant to the Supreme Court from the judgment herein rendered;
Thereupon the said defendant files an appeal bond, which is approved by the Court.
Continued by consent at the plaintiffs costs. Leave given plaintiff
to withdraw depositions filed.
On note.
Now the plaintiffs, and by their attorney, but the defendants although
called come not; no Jury being required the Court from the proofs
doth find that the defendants are indebted to the plaintiffs in the
sum of two hundred and thirty two dollars and twenty cents. It
therefore considered by the Court that the plaintiffs recover of the
defendants the debt aforesaid as found and their costs herein expended and have execution therefor.
Judgment to bear ten percent interest.
On motion of the plaintiff, by his attorney, it is ordered that this cause be
be dismissed at his costs and that execution issue therefor.
Now come the defendants, by their attorney, but the plaintiff failing to
amend, therefore on motion of defendants, it is ordered that
on demurrer be made final. It is therefore considered by the Court
that the plaintiff take nothing by his suit in this behalf but that the defendants go hence without
day and recover of the plaintiff their costs herein expended and have execution therefor.
On motion of the garnishees,
by attorney, it is ordered that they be discharged hence at the plaintiffs
costs and that execution issue therefor. The sum often dollars is
allowed each for answering herein.
Petition.
Now come the plaintiff and the defendant,
neys, but the defendants
upon come also a Jury, to wit;
H Long
twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the
issues joined between the plaintiff and the defendant
plaintiffs damages against the defendants,
finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff and against the
defendant,
the damages against
the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid
as assessed against them respectively, and also his costs herein expended and have execution therefor.
Order of Sale.
files a statement from which it appears that the keeping
of the property attached herein will be attended with
much expense before the probable termination of this
suit, and that the same is likely to depreciate in value; therefore it is ordered that said
Sheriff sell said property according to law and make a report of his proceedings herein on or be
fore the first day of the next term of this Court.
Motion to dismiss proceedings against garnishee filed.
Motion for judgment on bond filed.
Petition for Damages.
Now come the parties, except
respective attorneys, and the plaintiff dismisses this
suit as to said defendant,
a Jury, to wit;
Schmeirding
Graham
eleven good and lawful men, who being by consent,
duly by elected, tried and sworn the issues herein joined well and truly to try the trial progressed but
not being finished is said over until tomorrow morning.
Court met pursuant to adjournment. present as before.
the acknowledgment and execution of a deed of emancipation by
following Slaves, to wit:
26,
about 13,
aged about 1,
23,
aged 7,
and
Dedimus to Indiana ordered for plaintiff.
Continued as on affidavit at defendants costs for absence of witness
Wood.
Now comes
comes with the bodies of said
troversy being heard and fully considered by the Court, it is ordered
that said
Affidavit for continuance filed.
Continued.
Continued by consent.
Continued by consent.
Continued on affidavit at defendants costs.
Continued.
Petition
Now come again the parties, by their respective attorneys,
and also the Jury empannelled and sworn herein, and
thereupon the trial progressed but not being finished is
laid over until tomorrow morning.
The defendants,
Campbell
D Stewart
Court met pursuant to adjournment. Present as before.
Dedimus ordered to Kentucky for plaintiff.
Inventory filed.
Agreement filed.
The plaintiff failing to amend on motion of the defendants, by their attor
ney, this cause is dismissed at plaintiffs costs and it is ordered that
execution issue therefore.
On moyion of the plaintiff, it is considered that this cause be dismissed at
his costs and that execution issue therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although
called comes not, and no Jury being required the Court from the proofs
doth find that the defendant is indebted to the plaintiff in the sum of
six hundred and sixty seven dollars and fifty five cents. It is therefore considered by the Court
that the plaintiff recover of the defendant the debt aforesaid as found and his costs herein ex
pended and have execution therefor.
On account.
Now comes the plaintiff, by his attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore,
on motion of plaintiff, the petition is taken against the defendant as
confessed; and no Jury being required the Court from the proofs doth assess the plaintiffs
damages at the sum of three hundred and ninety nine dollars and thirty five cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the damages
aforesaid in form aforesaid assessed and his costs herein expended and have execution therefore.
On motion of the plaintiff, it is ordered that this cause be dismissed
at his costs and that execution issue therefor.
The defendants
and
petition, and by consent the said
Frost
Depositions for plaintiff opened and filled.
On note.
Now comes the plaintiff and the defendants
Meyer
this suit as to the defendant,
their answer herein leaving this suit undefended, wherefore on motion
of the plaintiff, the petition is taken against them as confessed; and the
Court finds from the instrument in writing on which this action is founded that the de
fendants are indebted to the plaintiff in the sum of six hundred and Sixteen dollars and
eighty cents. It is therefore considered by the Court that the plaintiff recover of the defen
dants the debt aforesaid as found and his costs herein expended and have execution therefor. Judg
ment to bear interest at the rate of ten per cent per annum.
Petition.
Now come again the parties, by their respective
attorneys, and also the Jury empannelled and
sworn herein, except
thereupon, by consent of parties, the trial pro
gressed with the remaining ten Jurors, but not
being finished is laid over until tomorrow
morning.
Court met pursuant to adjournment. Present as before.
Continued on affidavit at defendants costs.
Continued on affidavit at defendants costs.
Continued by consent of parties.
Continued by consent of parties.
Three Exhibits Filed.
Continued on affidavit at defendants costs.
Continued on affidavit at defendants costs.
Order of Sale.
statement from which it appears that the keeping of the property at
tached will be attended with great cop and expense before the probable
termination of this suit; therefore it is ordered that said Sheriff proceed to sell said property
according to law; and that he report his proceedings herein on or before the first day of
the next term of this Court.
Order of Sale.
ment from which it appears that the keeping of the property attached,
will be attended with much expense before the probable termination
of this suit, therefore it is ordered that said Sheriff sell said prop
erty according to law and report his proceedings herein on or before the first day of the next
term of this Court.
Motion to strike out parts of petition filed.
Motion to strike out answer and for judgment filed.
Continued on affidavit at defendants costs.
Continued as on affidavit at plaintiffs costs.
Confession of Judgment.
Now comes the plaintiff, by his attorney, and also comes the defen
dant and files a statement in writing whereby he confesses him
self indebted to the plaintiff in the sum of five hundred and
eighteen dollars and seventy five cents, third consents that judgment may be rendered
against him for that amount. It is therefore considered by the Court that the plaintiff
recover of the defendant the sum aforesaid in form aforesaid as confessed and his costs herein
expended and have execution therefor. Judgment to bear ten percent interest.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and also comes the
defendants and files a statement in writing whereby he confesses
himself indebted to the plaintiffs in the sum of Six hundred
and twenty nine dollars and eighty eight cents. And authorizes
the Court to enter up judgment against him for that amount. It is therefore consid
ered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form
aforesaid as confessed, and their costs herein expended and have execution therefor.
On note.
Now come the parties, by their respective attorneys, and agree that
judgment may be rendered herein favor of the plaintiff for the
sum of one hundred and eighty nine dollars and fifty four cents.
It is therefore considered by the Court that the plaintiff recover of
the defendants the debt aforesaid as agreed upon and his costs herein expended and have
execution therefor.
Petition.
Now come again the parties, by their respective attorneys, and
also the Jury empannelled and sworn herein, thereupon the
trial of this cause progressed and being finished the Jury retire to
consider of their verdict.
Order for Delivery. The plaintiff files a petition and affidavit according to law claim
ing the possession of certain personal property therein described; wherefore it is ordered
that the defendant deliver the property specified in said affidavit to the Sheriff of
St Louis County and said Sheriff is hereby directed if said property be not delivered to him
to take it from the defendant and deliver it to the plaintiff.
On note.
Now come the plaintiffs, by their Attorney, but the although called comes
not, and the plaintiffs waiving a Jury, the Court from the proofs doth
find that the defendant is indebted to the plaintiffs in the sum of
two hundred and sixty three dollars and fifty cents. It is therefore consid
ered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid
as found and their costs herein expended and have execution therefor. Judgment to bear ten per
cent interest.
On note.
Now come the plaintiff and the defendants,
their respective Attorneys, but the defendant
comes not, and no Jury being required the Court doth from the pleadings
proofs and note, find that the defendants are indebted to the plaintiff
in the sum of two hundred and sixty six dollars and twenty five cents.
It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid
as found and his costs herein expended and have execution therefor.
On note.
Now come the parties, by their Attorneys, and submit this cause to the Court
upon the pleadings and proofs and the Court doth find therefrom that
the defendant is indebted to the plaintiff in the sum of two hundred
and thirty five dollars and thirty two cents. It is therefore considered by the Court that the
plaintiff recover of the defendant the debt aforesaid as found and his costs herein expended and
have execution therefor.
Petition for Damages.
Now come the parties, by their Attorneys, and also a Jury to wit;
Emelung
Runmon
lawful men, who being duly elected tried and sworn the issues herein joined well and truly to
try the trial progressed and being finished the Jury aforesaid upon their oaths find for the
defendant. It is therefore considered by the Court that the plaintiff take noting by his suit in
this behalf but that the defendant go hence without day and recover of said plaintiff his costs herein
expended and have execution therefor.
On note.
Now come the plaintiffs, by their Attorney, and dismiss this suit as to
the defendant
although duly summoned and called, comes not but makes default
wherefore the petition herein is taken against him as confessed; and the
Court finds from the instrument in writing on which this action is
founded that the defendant is indebted to the plaintiffs in the sum of two thousand and
eighty eight dollars and eighty cents. It is therefore considered by the Court that the plaintiffs
recover of the defendant the debt aforesaid as found and their costs herein expended and have
thereof execution.
On note.
Now come the parties, by their respective attorneys, and the defendant
files an affidavit and moves the Court for a continuance of this cause,
which being seen heard and fully understood, it is ordered that the
same be overruled, thereupon come a Jury to wit;
cus
twelve good and lawful men, who being duly elected and empannelled to try the issues herein
joined, the trial progressed and being finished the Jury find for the plaintiff in the sum of four
hundred and thirty dollars and seventy cents. It is therefore considered by the Court that the plain
tiff recover of the defendant the sum aforesaid as found and their costs herein expended and have
execution therefor. The defendant files a motion for a new trial and also files a motion in
arrest of judgment.
On note.
Now come the plaintiffs, by their attorney, but the defendants,
although duly called come not; and the plaintiffs waiving a Jury
the Court doth find from the proofs that the defendants are indebted
to the plaintiffs in the sum of two hundred and seven dollars and fifty
cents. It is therefore considered by the Court that the plaintiffs recover
of the defendants the debt aforesaid as found and also their costs herein
expended and have execution therefor.
On note.
Now come the parties, except
respective attorneys, but the said
duly summoned and called comes not but makes de
fault, wherefore, on motion of the plaintiffs, it is ordered
that the petition herein be taken against him as con
fessed; thereupon come also a Jury to wit;
Runnion
Lannert
elected, tried and sworn the issues herein joined well and truly to try the trial progressed but
not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
Petition for Damages.
Now come again the parties, by their respective attorneys,
and also come the Jury empannelled and sworn herein
and being agreed upon a verdict upon their oaths find for
the plaintiff and assess his damages at the sum of twenty
nine hundred and twenty five dollars and twenty cents.
It is therefore considered by the Court that the plaintiff
recover of the defendants the damages aforesaid in form
aforesaid as assessed and his costs herein expended and
have execution therefore. The defendants file a motion
for a new trial herein.
Demurrer filed. Motion to strike out parts of petition filed.
Motion to retax costs filed.
By consent of parties, it is ordered that this cause be dismissed
at the defendants costs and that execution issue therefor.
It appearing to the Court that the Jury empanelled herein were not
sworn it is therefore ordered that the judgment rendered herein
be set aside and that this cause be set for trial for the 31st instant.
Continued as in affidavit at the defendants costs.
On motion of the plaintiffs, by their attorney, it is ordered by the
Court that the default herein taken against the defendant,
be set aside and annulled.
On note.
Now come the parties, by their attorneys, and submit this cause to the
Court and the Court having duly heard and considered the same doth
find that the defendants are indebted to the plaintiff in the sum of
six hundred and thirty three dollars and forty six cents. It is therefore
considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found
and his costs herein expended and have execution therefor.
On account.
Now come the parties, by their respective attorneys, and
also a Jury to wit;
ding
ten good and lawful men, who being, by consent, duly elected
tried and sworn the issues herein joined well and truly to try
the trial progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the
plaintiffs and assess the damages at the sum of two hundred and sixty four dollars and seventy
five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the dam
ages aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefor.
On notes.
Now come the plaintiff and the defendant,
attorneys, but the defendant,
Jury being required this cause is submitted to the Court upon the pleadings
and proofs, and the Court having duly heard and considered the same
doth find the issues joined between the plaintiff and the defendant,
tiff, and doth find that the defendants are indebted to the plaintiff in the sum of two thousand three
hundred and thirty seven dollars. It is therefore considered by the Court that the plaintiff recover of
the defendants the debt aforesaid in form aforesaid as found and also his costs herein expended and
have execution therefor. The defendant,
Motion to suppress depositions filed.
Amended petition filed by leave. Replication filed.
On note.
Now come the parties, by their respective attorneys, and also
the Jury empannelled and sworn herein and thereupon the trials
of his cause progressed and being finished the jury retire to
consider of their verdict.
Court met pursuant to adjournment. Present as before.
On note.
Now come again the parties, by their respective attorneys,
and also come the jury empanelled and sworn herein,
and being agreed upon a verdict upon their oaths find
for the defendants,
and
plaintiffs and against the defendants
and
them at the sum of five hundred and three dollars and thirty nine cents. It is therefore con
sidered by the Court that the plaintiffs take noting by their suit against the defendants
D Stewart
of the plaintiffs their costs herein expended, and that the said plaintiffs recover of the defendants,
their costs herein expended and have execution therefor.
Motion for a new trial filed.
Motion for a new trial filed.
Deposition for plaintiffs opened and filed.
Depositions for plaintiffs opened and filed.
Agreement filed.
Agreement filed.
Motion for support
Court met pursuant to adjournment. Present as before.
The defendants file an affidavit and move the Court for a
a continuance which being heard and fully considered by the
Court it is ordered that the same be overruled. The defendant
Continued by consent at plaintiffs costs.
Petition.
Now come the parties, by their respective attorneys, and the defendant
withdraws his answer; and the parties consent that judgment may be
rendered herein in favor of the plaintiff for the sum of twenty six hundred
and fifty one dollars and eighty four cents. It is therefore considered by the Court that the plain
tiff recover of the defendant the damages aforesaid as agreed upon and also his costs herein
expended and have execution therefor.
Continued.
Continued
generally.
Continued by
consent.
Order of Publication. Attachment.
On motion of the plaintiffs, by their attorney, it is
ordered by the Court that the defendants be notified
that a civil action has been commenced against them
for the sum of five hundred and thirty six dollars
and fifty cents on account of goods wares and merchan
dise sold and delivered by the plaintiffs to the defendants and that their property has been at
tached and unless they be and appear at the next term of this Court to be begun and held at
the City of St Louis within and for the County of St Louis, on the last Monday of September next,
and on or before the third day thereof plead to this action, judgment will be rendered against
them and their property sold to satisfy the same. It is further ordered that a copy hereof be
published, according to law, in the Missouri Democrat a newspaper printed and published in
the City of St Louis.
The plaintiff by attorney, withdraws
motions to set aside dismissal herein.
The defendant,
new trial herein and thereupon she also files a motion in arrest
of the judgment herein.
On account.
Now come the parties, by their respective attorneys, and also come a jury
to wit;
Michael
being, by consent, duly elected tried and sworn the issues herein joined well and truly to try the trial
progressed, but not being finished is laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Receiver Appointed.
On motion of the plaintiffs in certain executions issued from the Clerks
Office of this Court, it is ordered by the Court that
be appointed receiver of certain books of account and bills receivable which
have been levied upon as the property of said
under said executions: and the said
bond in the sum of five thousand dollars with
approved by the Court.
Depositions for plaintiffs opened and filed.
On notes.
Now come the parties, by their respective attorneys, and the defendants
withdraw their answer and agree with the plaintiff that judgment
may be rendered herein for the plaintiff for the sum of six hundred
and forty one dollar and fifty five cents and costs. It is therefore con
sidered by the Court that the plaintiff recover of the defendants the debt aforesaid as agreed
upon and also his costs herein expended and have thereof execution. The parties consent that issue
of execution herein be stayed until the
On note.
Now comes the plaintiff, by his attorney, but the defendant although duly
called comes not; and the plaintiff waiving a jury submits this cause to
the Court upon the pleadings and proofs and the Court having duly heard
and considered the same doth find that the defendant is indebted to the plaintiff in the sum
of one hundred and ninety six dollars and twenty five cents. It is therefore considered by
the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as
found and also his costs herein expended and have execution therefor.
On notes.
By consent of parties, by their attorneys, it is ordered by the Court that
the entry of judgment made herein on the
hundred and fifty nine
tune as of that in lien thereof; Now comes the plaintiff, by his attorney
but the defendants although duly summoned and called comes not but makes default, where
fore, on motion of the plaintiff the petition herein is taken against them as confessed; an the Court
finds from the instruments of writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of six hundred and fifty four dollars and sixty eight
cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt
aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
On Draft.
Now comes the plaintiff, by it attorney but the defendant
although called come not, and the plaintiff
waving a jury submits this cause to the Court upon the
pleadings and proofs and the Court having duly heard and consid
ered the same doth find that the defendants are indebted to the plaintiff in the sum of
three thousands three hundred and ten dollars. It is therefore considered by the Court that
the plaintiff recover of the defendants to the debt aforesaid in form as found and its costs herein
expended and have execution therefor. Exhibit filed.
On account.
Now come again the parties, by their respective attorneys, and also
the jury empanelled and sworn herein, and thereupon the trial
of this cause progressed and being finished the jury aforesaid
upon their oaths aforesaid find for the plaintiff and assess the dam
ages at the sum of eleven hundred and forty seven dollars and thirteen cents. It is therefore
considered by the Court that the plaintiff recover of the defendants the damages aforesaid
in form aforesaid assessed and also her costs in this behalf expended and have execution
therefor. The defendants file a motion for a new trial.
On note.
Now comes the plaintiff, by his attorney, but the defendants
although called come not, and the plaintiff waiving a jury sub
mit this cause to the Court and the Court having duly heard and
considered the same doth find that the defendants are indebted
to the plaintiff in the sum of twelve hundred and sixty six dollars and ninety three cents.
It is therefore considered by the Court that the plaintiff recover of the defendants the debt afore
said as found and his costs herein expended and have execution therefor. Judgment to bear interest
at the rate of ten per cent per annum.
On motion of the plaintiff, it ordered that this cause be dismissed
at his costs and that execution issue therefor.
On motion of the plaintiff it is ordered that this cause be dismissed at
their costs and that execution issue therefor.
On check.
Now comes the parties, by their respective attorneys, and file an agree
ment herein, which is as follows, to wit; "In this case it is agreed that
there shall be a trial by the Court, if the Court will consent to try
the same, and if not by a Jury, as if no garnishment or other procee
dings were pending in the Court of Common Pleas, and that whatever judgment may be rendered for
the plaintiffs shall be rendered subject to the following conditions, to wit; 1st. That no execution
shall be issued thereon until the final determination of a suit now pending in the St Louis Court
of Common Pleas in which
in which said
final judgment or decree shall be rendered in any of said proceedings in said Court of Common
Pleas against said
other interpleader the amount of such judgment or judgments shall be entered as credits on the
judgment in this cause and execution issue for the balance, if any. If the proceedings against said
in favor of said
issue in this case for the full amount of the judgment that may be entered herein. This agreement
shall not be construed, however, to deprive any party to said proceedings in said Common
Pleas Court from any right of appeal or writ of error, and if any appeal or writ of error be
sued out in such proceedings the execution in this cause shall be stayed until the proceedings
in said Common Pleas Court be finally and effectually determined so as to be conclusive
upon the parties to said proceedings. This agreement is to be entered of record as a part of the
judgment of this Court in this case, and to be enforced as such.
Hill
and proofs and the Court having duly heard and considered the same doth find there from
that the defendant is indebted to the plaintiffs in the sum of twelve hundred and ninety seven
dollars and fifty cents. It is therefore considered by the Court that the plaintiffs recover of the
defendants the sum aforesaid in form aforesaid as found and also their costs herein expended and
have execution therefor subject to the stipulations in the above agreement.
Petition for Damages.
Now come the parties, by their respective attorneys, and also a jury to
wit;
Morrison
and lawful men, who being duly elected tried and sworn the issues
herein joined well and truly to try, the trial progressed, but the plaintiff says he will not further
prosecute his action in this behalf but voluntarily suffers a non suit. It is therefore considered by the
Court that the plaintiff take nothing by his suit in this behalf but that the defendants go hence
without day and recover of the said plaintiffs their costs herein expended and have execution therefor.
On note.
Now come the parties, by their respective attorneys, and submit this cause to
the Court thereupon the trial progressed but the plaintiff says he will not
further prosecute his suit in this behalf but voluntarily takes a non suit
with leave to move to set the same aside. It is therefore considered by the Court that the plain
tiff take nothing by his suit in this behalf but that the defendant go hence without day and
recover of said plaintiff his costs and charges herein expended and have thereof execution. Leave
given plaintiff to move to set aside non suit.
Continued at the defendants costs.
Continued by consent of parties.
Continued as on affidavit at the defendants costs.
Petition.
Now come the parties, by their respective attorneys, and thereupon
come also a jury, to wit;
Gamache
Hill
being duly elected tried and sworn the issues herein joined well
and truly to try the trial progressed but not being finished is laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Order of Publication.
The Sheriff having made return that the defendants cannot be found
and the Court being satisfied that summons cannot be served upon
them, therefore, on motion of the plaintiff, by his attorney, it is ordered
by the Court that they be notified that a civil action has been com
mmenced against them for the sum of one hundred and seventy five dollars and interest founded on
a note and that unless they be and appear at the next term of this Court to be begun and held at
the City of St Louis within and for the County of St Louis on the last Monday of September next
and on or before the third day thereof answer to this action, the plaintiffs petition will be taken
against them as confessed. It is further ordered that a copy hereof be published, according to
law, in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
The defendant, by his attorney, files an affidavit and moves the Court for
a continuance herein, and the Court having duly heard and considered
the same doth order that said affidavit be stricken from the files.
On motion of the plaintiffs, by their attorney, it is ordered that a Summons
issue herein returnable to the next term of this Court.
Petition
Now come again the parties, by their respective attorneys, and
also the jury empanelled and sworn herein, and thereupon the
trial progressed and being finished the jury aforesaid upon their
oaths aforesaid find for the defendants. It is therefore considered
by the Court that the plaintiff take nothing by his suit in this
behalf but that the said defendants go hence without day and
recover of the said plaintiff their costs herein expended and have execution therefor.
On note.
Now come the plaintiffs and the defendant,
respective attorneys, but the defendant,
moned and called, comes not but makes default, wherefore the
petition herein is taken against him as confessed: and no jury being required this cause is submitted to the Court upon the pleadings
and proofs and the Court having duly heard and considered the same doth find the issues herein
joined between the plaintiff and the defendant,
Court finds from the instrument in writing on which this action is founded that the defendant,
out day and recover of the plaintiffs his costs herein expended and that the plaintiffs recover of the defendant,
Petition for Damages.
Now come the parties, by their respective attorneys, and also a jury,
to wit;
Michael
son
and lawful men, who being duly elected, tried and sworn the issues
herein joined well and truly to try the trial progressed and being finished the jury retire to consider
of their verdict.
Court met pursuant to adjournment. Present as before.
Order for Delivery.
The plaintiffs file a petition and also an affidavit, according to
law, claiming the possession of certain personal property therein
described; wherefore it is ordered by the Court that the defendant
deliver said property in said affidavit described to the Sheriff
of St Louis County, and said Sheriff is hereby
property be not delivered to him to take it from the defendant and deliver it to the plaintiffs.
Petition for Damages.
Now come again the parties, by their respective attorneys, and
also come the jury empanelled and sown herein and being agreed
upon a verdict, upon their oaths, find for the plaintiff upon
his claim the sum of eleven hundred and sixty six dollars
and sixty six cents, and for the defendants upon their counterclaim
the sum of three hundred and thirty five cents, and assess the plaintiffs
damages at the sum of eight hundred and forty nine dollars and ninety nine cents. It is
therefore considered by the Court that the plaintiff recover of the defendants the damages afore
said in form aforesaid of assessed and also its costs herein expended and have execution therefor.
The defendants file a motion for a new trial and also a motion in arrests of judgment herein.
On note.
Now come the plaintiff and the defendant,
respective attorneys, but the defendant,
moned and called, comes not but makes default, wherefore the
petition herein is taken against him as confessed; and no jury being
required this cause is submitted to the Court upon the pleadings note and proofs and the Court
having duly heard and considered the same doth find the issues herein joined in favor of the
plaintiff and doth find that the defendants are indebted to the plaintiff in the sum of ten hun
dred and ninety dollars and seventy seven cents. It is therefore considered by the Court that the
plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and also his costs
herein expended and have execution therefor.
On note.
Now come the parties, by their respective attorneys, and the defendant with
draws his answer herein and consents and agrees with the plaintiffs that
judgment may be rendered herein for the plaintiffs for the sum of two
hundred and eighty five dollars and six cents. It is therefore considered by
the Court that the plaintiffs recover of the defendant the debt aforesaid
in form aforesaid as
and have execution therefor. Judgment to bear interest at ten per cent per annum.
Depositions for the plaintiff opened and filed.
Petition.
Now come the parties, by their respective attorneys, and also a Jury
to wit;
men; who being duly elected tried and sworn the issues herein joined
well and truly to try the trial progressed but not being finished is laid over until to
morrow morning.
Court met pursuant to adjournment. Present as before.
the execution of a deed of emancipation to his slave
aged about forty nine years, dark color, thick set heavy built, six feet high.
On motion of the plaintiff, it is ordered that said garnishee be
discharged at his costs and that execution issue therefor.
Alias Summons ordered for
Alias Summons ordered for
Note.
Now come the parties, by their respective attorneys, and waiving a Jury sub
mit this cause to the Court upon the pleadings and proofs thereupon the
trial progressed but the plaintiff says he evil not further prosecute his
action in this behalf but voluntarily takes a non suit with leave to move to set the same aside.
It is therefore considered by the Court that the plaintiff be non suited and that the defendant
go hence without day and recover of the plaintiff his costs herein expended and have execution
therefor. The plaintiff files a motion to set aside the non suit herein.
On motion of the plaintiff by his attorney, it is ordered by the Court
that this cause be dismissed at the said plaintiffs costs and that
execution issue therefor.
On notes.
Now come the plaintiff and the defendant,
respective attorneys, but the defendant,
and called comes not but makes default, wherefore plaintiffs peti
tion is taken against him as confessed; and no Jury being required
this cause is submitted to the Court upon the pleadings and proofs, thereupon the trial pro
gressed but the plaintiff says he will not further prosecute his suit in this behalf but
voluntarily takes a non suit with leave to move to set the same aside: and the Court finds
from the instruments in writing on which this action is founded that the defendant,
is indebted to the plaintiff in the sum of fourteen hundred and fifty eight dollars and
forty eight cents. It is therefore considered by the Court that the plaintiff take nothing by
his suit in this behalf against the defendant,
hence without day and recover of the plaintiff his costs herein expended and have execution therefor,
and that the plaintiff recover of the defendant,
and also his costs herein expended and have execution therefor. Motion to set aside non suit filed.
Petition on Notes.
Now come the plaintiff, by it attorney, and dismisses
this suit as to the defendants,
and the defendants,
herein, and saying nothing further in bar of the plaintiffs
demand the Court doth find from the instruments in
writing on which this action is founded that the defendants
dollars and twenty six cents. It is therefore considered by the Court that the plaintiff recover of
the said defendants the debt aforesaid as found and also its costs herein expended and have exe
cution therefor.
On notes.
Now come the parties, by their respective attorneys, and
the defendants withdraw their answer herein, thereupon
the plaintiff dismisses this suit as to the said
and
nothing further in bar of the plaintiffs demand the Court
doth find from the instruments in writing on which this action is founded that the said defen
dants are indebted to the plaintiff in the sum of thirteen hundred and eighty four dollars and
six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the
debt aforesaid in form aforesaid as found and also its costs herein expended and have exe
cution therefor.
On notes.
Now come the parties, by their attorneys, and the defendants
withdraw their answer herein, thereupon the plaintiff dis
misses this suit as to the defendants,
and the defendants
bar of the plaintiff demand the Court doth find from the instru
ments in writing on which this action is founded that the said defendants are indebted to the plaintiff in
the sum of thirteen hundred and eighty four dollars and six cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the debt aforesaid as found and also its costs herein ex
pended and have execution therefor.
Petition.
Now come again the parties, by their respective attorneys, and also the
Jury empanelled and sworn herein, and thereupon the trial of this
cause progressed and being finished the Jury aforesaid upon their
oaths aforesaid find for the plaintiffs and against the defendants
on their counterclaim and assess the plaintiffs damages at the sum
of four thousand four hundred and thirty one dollars and fifty five cents. It is therefore con
sidered by the Court that the plaintiffs recover of the defendants the damages aforesaid in form
aforesaid as assessed and their costs herein expended and have execution therefor.
On note.
Now come the plaintiff, by its attorney, but the defendants
come not, and the defendants
W Heitteman
not but make default, wherefore the petition herein is taken
against them as confessed: and the plaintiff waiving a
Jury submits this cause to the Court upon the pleadings and proofs and the Court having duly
heard and considered the same doth find that the defendants are indebted to the plaintiff in
the sum of two hundred and twenty seven dollars and seventy seven cents. It is therefore consid
ered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and also its
costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their attorney, but the defen
dants although duly summoned and called come not but
make default, wherefore the petition herein is taken against
them as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendants are indebted to the plaintiffs in
the sum of eighteen hundred and thirty four dollars and three cents. It is therefore considered
by the court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as
found and their costs herein expended and have execution therefor.
The plaintiff having failed to file security for costs within the
time allowed him as to do, therefore, on motion of the defendants,
by their attorney, it is ordered that this cause be dismissed at the
plaintiffs costs and that execution issue therefor.
Continued generally on affidavit of the plaintiffs.
Amended answer filed by leaver. Agreement filed.
Court met pursuant to adjournment. Present as before.
Motion for a new trial filed.
By consent the garnishee,
Stock
five dollars are allowed each of them for answering.
Order for Delivery.
The plaintiffs file a petition and also an affidavit according to law,
claiming the possession of certain personal property therein described; where
fore it is ordered by the Court that the defendants deliver the property
in said affidavit specified to the Sheriff of St Louis County and said
Sheriff is hereby directed if said property be not delivered to him to
take it from the defendants and deliver it to the plaintiffs.
Petition for a divorce filed.
Confession of Judgment.
Now comes the plaintiff and files his petition against the defendant, and there
upon comes
a warrant of attorney, for that purpose executed by the defendant and now
produced in open Court and duly proved, waived the issue and service of process and acknowledge
that the defendant is indebted to the plaintiff in the sum of eighteen hundred and forty one dollars,
in manner and form as the plaintiff in his said petition alledged and consented that judgment.
may be rendered in favor of the plaintiff for that sum. It is therefore considered by the Court that
the plaintiff recover of the defendant the debt aforesaid in form aforesaid as confessed and also his costs
herein expended and have execution therefor. Judgment to bear ten percent interest.
Court met pursuant to adjournment. Present as before.
By consent the garnishees,
five dollars allowed each for answering and the garnishee
and the garnishee
On note.
Come the parties, by their attorneys, and the defendant withdraws his
answer herein and saying nothing further in bar of the plaintiffs de
mand the Court, on motion of plaintiff, doth find from the instrument
in writing on which this action is founded that the defendant is indebted to the plaintiff in the
sum of four hundred and thirty four dollars. It is therefore considered by the Court that the plaintiff
recover of the defendant the debt aforesaid in form as found and also his costs herein expended and
have execution therefor.
Petition.
Now at this day come the parties, by their respective attorneys,
and thereupon come also a Jury, to wit;
Vaugher
Boerinpold
and lawful men who being duly elected tried and sworn the
issues herein joined well and truly to try, the trial progressed but the plaintiff says he will not
further prosecute this action but voluntarily takes a non suit with leave to move to set the same
aside. It is therefore considered by the Court that the plaintiff be non suited and that the defen
dants go hence without day and recover of the plaintiff their costs herein expended and have execution
therefor.
Petition.
Now come the plaintiffs, by their attorney, but the defendant although duly
called comes not, and no Jury being required this cause is submitted to the Court
and the Court having duly heard and considered the same doth find for the
plaintiffs and assess their damages at the sum of two hundred and thirty two
dollars and ten cents. It is therefore considered by the Court that the plaintiffs
recover of the defendant the damages aforesaid as assessed and their costs herein expended and have execution therefor.
Order of Delivery.
The plaintiffs file a petition and also an affidavit, according to law, claiming
the possession of certain personal property therein described; wherefore it
is ordered that the defendant deliver the property in said affidavit specified to
the Sheriff of St Louis County and said Sheriff is hereby directed if said
property be not delivered to him to take it from the defendant and deliver it to the said
plaintiffs.
Continued by consent at the plaintiffs costs.
Continued by consent at the plaintiffs costs.
Continued as on affidavit at plaintiffs costs.
Continued generally.
Court met pursuant to adjournment. Present as before.
Plaintiff, by its attorneys, acknowledge to have received full and
entire satisfaction of the judgment rendered herein on the
of May
The parties file an agreement herein.
The plaintiff, by her attorney, files a motion for an execution
herein and the Court having duly heard and considered the
same doth order that an execution issue for the amount
due on the
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Now comes
which being seen heard and fully understood is confirmed; and on
motion of the plaintiffs, by their attorney, it is ordered by the Court that
ten percent on the amount collected be allowed said Receiver for his services, and that said Re
ceiver after paying the costs herein and the amount allowed him pay the balance to the plaintiffs,
and that on filing receipts therefor he be discharged from his trust.
The defendants demurer to the petition being heard and
fully considered by the Court it is ordered that the
same be overruled. Ten days is given the defendants
to answer herein.
Continued on affidavit at defendants costs.
Now comes the plaintiff, by her attorney, and files proof satisfactory to
the Court that the order of publication made herein at the last term
has been published according to law.
Court met pursuant to adjournment. Present as before.
On motion of plaintiff it is ordered by the Court that this cause be dis
missed at his costs and that execution issue therefor.
Continued generally as on affidavit of defendants for
absence of witness
Depositions for plaintiffs
opened and filed.
Depositions for defendants
opened and filed.
Affidavit of assignees as to final disposition of Sunday
accounts filed.
The defendant files an affidavit and moves the Court for a continuance herein,
which being heard and fully understood is overruled.
Now comes the plaintiff, by his attorney, and withdraws
his motion for a new trial herein.
Order of Sale.
a statement from which it appears that the property attached
herein will be attended with great loss and expense before the
probable termination of this suit; wherefore it is ordered by the
Court that the said Sheriff sell said property according to law and make report of his
proceedings herein on or before the first day of the next term of this Court.
Order of sale.
a statement from which it appears that the keeping of the property
herein will be attended with great loss and expense before the probable
termination of this suit; wherefore it is ordered by the Court that
the said Sheriff sell said property according to law and make are port
of his proceedings herein on or before the first day of the next term of this Court.
Petition.
Now come the parties, by their respective attorneys,
and also a Jury, to wit;
Peets
eleven good and lawful men who being duly elected tried and sworn the issues herein joined
well and truly to try the trial progressed but not being finished is laid until to morrow
morning.
Now at this day come the parties, by their respective attorneys,
and waiving a Jury submit this cause to the Court upon the
pleadings and proofs and the Court having duly heard and con
sidered the same doth order that this cause be referred back to the Commissioners,
and
boat
Court met pursuant to adjournment. Present as before.
Now comes
being seen heard and fully considered, it is ordered by the Court that
Davis
freedom on giving security satisfactory to the Clerk for all costs that may be adjudged against
him; and it is further ordered that the said petitioner have reasonable liberty to attend
his counsel and the Court as occasion may require and that he be not removed out of the
jurisdiction of the Court and be not subject to any security on account of his application
for freedom: and it appearing to the Court that the said petitioner is about to be removed
out of the jurisdiction of this Court, it is further ordered that a warrant issue herein to the
Sheriff of St Louis County according to the statute in such case made and provided re
turnable on the eleventh instant.
Now comes
seen heard and fully considered, it is ordered by the Court that the
the above named petitioner, be allowed to see in this Court for here freedom
on giving security satisfactory to the Clerk for all costs that may be adjudged against her;
and it is further that the said petitioner have reasonable liberty to attend his counsel and
the court as occasion may require, that she be not removed, out of the jurisdiction of the
Court and be not subject to any security on account of her application for freedom; and it
appearing to the Court from said petition that the said petitioner is about to be removed
out of jurisdiction of this Court, it is further ordered that a warrant issue to the Sheriff
of St Louis County, according to the Statute in such case made and provided, returnable on
the eleventh instant.
of a deed of emancipation to his slave
Now come again the parties by their respective at
torneys, and also the Jury empannelled and sworn herein,
except
the trial progressed with the remaining ten Jurors,
and being finished the Jurors aforesaid upon their oaths
aforesaid find for the plaintiff and assess his damages at
the sum of nine hundred and thirty one dollars and thirty three cents. It is therefore considered
by the Court that the plaintiff recover of the defendants the damages aforesaid inform afore
said as assessed and also his costs herein expended and have execution therefor. The defendants
filed motion for a new trial herein.
Now comes the plaintiff and acknowledge to have received full and entire
satisfaction of the judgment herein rendered.
Exhibit filed.
Appointment of Receiver.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that
settle and collect the notes and evidence of debt mentioned in the answer of said garnishee.
Petition.
Now come the parties, by their respective attorneys, and also a Jury, to wit;
nay
good and lawful men, who being duly elected tried and sworn the issues herein joined well
and truly to try the tried progressed and being finished the Jury retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
Motion to set aside judgment and recall execution and affidavits of
Now comes the plaintiff by its attorney, and acknowledges to have
received full and entire satisfaction of the judgment rendered herein
for the sum of twenty seven hundred and seventy five dollars and
twenty two cents, on the
fifty eight
Now comes the plaintiff, by its attorney, and acknowledges to
have received full and entire satisfaction of the judgment
rendered herein on the
and fifty eight
dollars and thirty cents.
the plaintiffs have received full and entire satisfaction of the
judgment rendered herein on the
Motion for security for costs filed.
Continued.
of a deed by him as Sheriff in favor of
title, interest claim, estate and property of
real estate situate in the Country of St Louis, State of Missouri, t wit; a lot of ground situated
in Blow and La Beaume Addition to the City of St Louis, and being lot number five (5) in the
Western half of block number one (1) of said addition, a plat of which is on file in the Recorders of
fice of the Country of St Louis and bounded as follows; on the West by Carondelet Avenue, twenty
eight and a half feet, and on the West by and alley, and on the South by Victor street, it being the
same lot acquired by said
dated
vs 217 pages 287 and 288: Gold by virtue of an execution issued from the Office of the Clerk of
the St Louis Circuit in favor of
to the
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and
waiving a Jury submit this cause to the Court upon the
pleadings and proofs and the Court having duly heard and
considered the same doth find that the defendant is in
debted to the plaintiff in the sum of three hundred and eighty three dollars and twenty nine
cents. It is therefore considered by the Court that the plaintiff recover for the estate of
Dugdale
aforesaid as found and also his costs herein expended and that a copy of this judgment be certified
to the St Louis probate Court.
The motion of the defendant,
and fully considered by the Court it is ordered that the said motion be
overruled; thereupon the said defendant,
exceptions and an affidavit for an appeal herein, wherefore it is ordered that an appeal be
allowed him to the Supreme Court from the judgment herein rendered.
On Bond.
Now come the parties, by their respective attorneys, and also
a Jury, to wit;
Peetz
Donnelly
sworn the issues herein joined well and truly to try the trial progressed and being finished the
Jury retire to consider of their verdict.
Petition.
Now come again the parties, by their respective attorneys, and also
come the Jury empanelled and sworn herein, and being agreed upon a verdict
upon their oaths find for the plaintiffs and assess their damages at the sum of
six thousand one hundred and twenty dollars, It is therefore considered by
the Court that the plaintiffs recover of the defendant the damages aforesaid in form
aforesaid as assessed and their costs herein expended and have execution therefore Motion for a new trial and motion
in a next of judgment filed.
Court met pursuant to adjournment. Present as before.
Petition.
Now come again the parties, by their respective attorneys, and also
come the Jury empanelled and sworn herein and being agreed
upon a restrict find for the plaintiff and assess the damages at
the sum of four hundred and fifty dollars. It is therefore
considered by the Court that the plaintiff recover of the defen
dants the damages aforesaid in form aforesaid as assessed and also her costs herein expended and
have execution therefore. Motion to set aside verdict and for a new trial filed.
On motion of the plaintiffs, by their attorney, it is ordered that this causes
be dismissed at their costs and that execution issue therefore.
Now at this day come the said petitioner and the said respondents, by their
respective attorneys, and the said respondents failing and refusing to enter into
a recognizance as required by law, it is ordered by the Court that the Sheriff
take possession of the said
from time to time during the pendency of his suit for freedom, and that the said Sheriff take a
bond from the herein payable to the State of Missouri in the penalty of fifteen hundred dol
lars with such security as said Sheriff shall approve, the bond so taken to be conditioned as
required by law.
Now at this day come the said petitioner and the respondents, by their respe
tive attorneys, and the said respondents failing and refusing to enter into a
recognizance as required by law, it is ordered by the Court that the Sheriff
take possession of the said
from time to time during the pendency of her suit for freedom, and that the Sheriff take a bond
from the hirer payable to the State of Missouri in the penalty of fifteen hundred dollars
with such security as said Sheriff shall approve, the bond so taken to be conditioned as the
law requires.
Garnishment.
Now come the plaintiff and the said garnishee by their
respective attorneys, and submit the motion for judgment on
the answer for said garnishee to the Court and the Court
having duly heard and considered the same doth order that
said motion be sustained, and the Court finds from said
answer that the said garnishee at the time he was summoned herein as such was indebted
to the defendant in the sum of seven hundred and twenty two dollars and sixty three cents. It
is therefore considered by the Court that the plaintiff recover of the said garnishee the sum afore
said in form aforesaid and also his costs herein expended and have execution therefore, and that out
of said
of ten dollars is allowed said garnishee for answering herein to be taxed as costs.
Garnishment.
Now come the plaintiff and the said garnishee, by their
respective attorneys, and submit the plaintiffs motion
for judgment on the answer of said Garnishee to the
Court having duly heard and considered the same doth
order that said motion be sustained; and the Court finds
from the answer of said garnishee that at the time he was summoned herein as such he was in
debted to the defendant the sum of one hundred and eighty dollars. It is therefore considered by
the Court that the plaintiff recover of the said garnishee the sum aforesaid in form aforesaid as
found and have execution therefore and that out of said sum he pay the costs as well of the original
suit as this proceeding The sum of ten dollars is allowed said garnishee to be taxed as costs.
On motion of the defendants, by their attorney, leave is given them to add
an additional reason to their motion for a new trial herein, which is
accordingly done.
Motion for a new trial filed.
Court met pursuant to adjournment. Present as before.
Depositions for plaintiffs opened and filed.
On note.
Now come the plaintiffs, by their attorney, but the defendant although
duly called comes not; and the plaintiffs waiving a Jury submit this
cause to the Court upon the pleadings and proofs and the Court having
duly heard and considered the same doth find that the defendant is
indebted to the plaintiffs in the sum of four hundred and thirty one dollars and seventy cents. It is
therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in
form aforesaid as formed and also their costs herein expended and have execution therefore.
Order for Delivery. The plaintiff files a petition and an affidavit accor
ding to law; claiming the possession of certain personal property therein
described; wherefore it is ordered by the Court that the defendants deliev
er the property specified in said affidavit to the Sheriff of St Louis
Country, and said Sheriff is hereby directed if said property be not delivered to him to take it
from the defendants and deliver it to the plaintiff.
Ejectment.
Now comes the plaintiff, by his attorney, but the defendant although
duly summoned and called comes not but make default, wherefore
on motion of the plaintiff, the petition herein is taken against the
said defendant as confessed; and no Jury being required the Court doth assess the damages
sustained by the plaintiff by reason of the premises in his petition mentioned at the sum of
one cent. It is therefore considered by the Court that the plaintiff recover of the defendant the
possession of the premises described in the petition as follows; to wit; the undivided interest of
one tenth part of the following portion of a tract of land of forty arpens lying in the City and
Country of St Louis known as the common field in the St Louis prairie confirmed to Luettes rep
representatives and served by the United States by Survey no 7479, to wit; that portion of
said recovery commencing at a point where the West time of Eighteenth sheet intersects the North
line of said survey, runs thence West eight claims and fifty links along North line, thence fourth
at night angles to said North line one hundred and ninety two feet six inches to the South
line of said Survey, thence East along said South line to the West line of eighteenth sheet, thence
North along said West line to the beginning, together with the damages aforesaid in for afore
said as assessed and his costs herein expended and have writ of possession therefore.
of this Bar and on his motion it is ordered by the Court that the following resolutions passed at a
meeting held by the members of the St Louis Bar on the tenth instant, be spread upon the
records of the Court of this day:
Whereas, In the dispensation of an all wise Providence, our highly esteemed friend and profes
sional brother, Judge
and from the access of his useful ness in our midst, we, his late associates, having met to bear
tribute to his memory, do
Resolve, that in the death of Judge
member, the community a valued and upright citizen; and we, who had daily inter course with
him, bear testimony to his many noble and excellent qualities, which distinguished him in all
his relations in life.
2. That in the professional career a four departed friend, he was distinguished by his frank
honorable and upright conduct-always fair and courteous in his practice and manner. That
he was governed by the highest principles of moral integrity, and thus has left an example
worthy of invitation by those assess who survive him.
3. That, although we feel deeply the lap of our friend, yet are cannot but remember that his
bereaved and stricken family most keenly feel the lop of him who bore to them the more
tender relations of husband and father, ever discharging those duties with kindness and affection
and we, hereby, tender to them our condolence and sympathy in this their sad bereavement.
On award of arbitrators.
Now come the parties, by their respective attorneys, and the plaintiff files
an award of arbitrators, and moves the Court to confirm said award,
and, after hearing the argument of council, it appearing to the Court that
certain matters in controversy between the plaintiff and defendant were submitted to
ham R Clark
to act in conjunction with them and that they selected
arbitrators, after being duly sworn, proceeded to hear and decide the matters in controversy and
having duly heard and considered the same, determined and awarded that the said
R Risley
ninety six cents, it is therefore ordered by the Court that the award of said arbitrators be confirmed.
It is therefore considered by the Court that the plaintiff recover of the defendant the said sum
of six hundred and forty five dollars and ninety six cents as awarded by said arbitrators and also
his costs herein expended and have execution therefore.
Garnishment.
Now come the plaintiff and the garnishee, by their respective
attorneys, and also come a Jury to wit;
Block
duly elected tried and sworn the issues herein joined well and truly to try the trial progressed and
being finished this cause is submitted to the Jury and they retire to consider of their verdict.
On note.
Now come the plaintiffs, by their attorney, but the defendant although
called comes not; and the plaintiffs warning a Jury submit this cause to
the Court and the Court having duly heard and considered the same
doth find that the defendant is indebted to the plaintiffs in the sum
of nineteen hundred and forty six dollars and twenty eight cents. It is
therefore considered by the Court that the plaintiffs recover of the defendant the debit aforesaid
in form aforesaid as found and also their costs herein expended and have execution therfor.
Motion and notice of motion for a new bond filed.
Court met pursuant to adjournment. present as before.
On motion of the plaintiff, by his attorney, it is ordered that
this cause be dismissed at their costs and that execution issue
therefor.
The Court having duly heard and considered the motion of
Burke
and also the affidavits in support thereof, doth order that the
said motion be sustained, and that the judgment rendered herein on
the
Motion for a new trial filed.
Ordered that an alias summons issue herein.
On Bond.
Now come the parties, by their respective attorneys, and
also come a Jury, to wit;
Wolf
Trott
Dejarley
well and truly to try the trial progressed but not being finished is laid over until to morrow
morning.
Garnishment.
Now come again the parties, by their respective attorneys,
and the Jury empanelled and sworn herein also come and
being agreed upon a verdict upon their oaths find for
the defendant. It is therefore considered by the Court
that the plaintiff take nothing by his suit in this behalf against the said garnishee but
that the said garnishee go hence without day and recover of said plaintiff his costs herein
expended and have thereof execution. The Court allows the said garnishee the sum of one hun
dred dollars for his trouble and expense herein to be taxed as costs. The plaintiff files a motion
for a new trial herein.
Court met pursuant to adjournment. Present as before.
On motion of
by the Court that the appellant,
will of said
appeal in the cause shall be dismissed.
Petition.
Now come the parties, by their respective attorneys, and
waiving a Jury submit this cause to the Court upon the
pleadings and proofs and the Court having duly heard and
considered the same doth find the issues herein joined in
favor of the plaintiff and that the defendant is indebted to the plaintiff in the sum of six
teen hundred and forty six dollars and seventy two cents. It is therefore considered by the Court
that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as found
and also its herein expended and have execution therefor. The defendant files a motion for
a new trial herein.
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by
affidavit where by he confesses himself indebted to the plaintiff in the sum
of four hundred dollars and consents that judgment may be rendered
against him for that sum. It is therefore considered by the Court that the plaintiff re
cover of the defendant the debt aforesaid in form aforesaid as confessed and also his costs herein
expended and have execution therefor.
The defendants motion for a new trial herein being heard and fully considered
by the Court it is ordered that the same be overruled; thereupon the said
defendant files a bill of exception herein.
On motion of the plaintiff, it is ordered that this cause be dismissed
at his costs and that execution issue therefor.
On motion of the plaintiff, it is ordered that the said
garnishees be discharged at his costs and that execution issue therefor.
On motion of the defendant, by its attorney, it is ordered by the Court
that a Commission issue to the State of Pennsylvania to take
depositions to be used on the trial of this Case before Justice
Motion to set aside judgment filed.
Motion to dismiss filed.
Order Publication.
The plaintiff files a petition and also an affidavit from which it appears
that the defendant is a non resident of the State of Missouri, thereupon
in motion of the plaintiff, by his attorney, it is ordered by the Court that
the defendant be notified that a civil action has been commenced against her to obtain a de
crce of divorce from her on the grounds of desertion and adultery and that unless she be and
appear at the next term of this Court to the begun and held at the City of St Louis within
and for the County of St Louis on the last Monday of September next and on or before the sixth
day thereof, plead to the plaintiffs petition the same will be taken against her as confessed;
It is further ordered that a copy hereof be published according to law in the Missouri
Democrat a newspaper printed and published in the City of St Louis.
Now comes
of record for the defendant in this cause. Said appearance
filed.
Petition on Bond.
Now come again the parties, by their respective attorneys, and
also the Jury empanelled and sworn herein and thereupon the
trial progressed but not being finished is laid over until
to morrow morning.
Court met pursuant to adjournment. Present as before.
Deposition for the plaintiffs opened and filed.
The defendant,
judgment herein and also and affidavit an support thereof.
The defendant,
herein and also and affidavit an support thereof.
On motion of the plaintiff, by his attorney, it is ordered that this cause be
dismissed at as costs and that execution issue therefor.
Now comes the plaintiff, by her attorney, and remits of the
judgment herein rendered the sum of two hundred
dollars.
On Bond.
Now come again the parties, by their respective attorneys, and also the Jury
empannelled and sworn herein the trial progressed and being
finished the Jury retire to consider of their verdict.
Confession.
Now come the plaintiffs, by their attorney, and file a petition herein
and the defendants, in person, also come and file a statement duly
verified by affidavit where by they admit the statements contained
in said petition to be true and consent that judgment may be ren
dered herein favor of the plaintiffs and against the defendants for the
sum of twenty five hundred and seventy
cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum
aforesaid in form as confessed and also their costs herein expended and have execution therefor.
Judgment to bear interest at the rate of one per cent per month from this date until paid.
Satisfaction.
Now comes the plaintiff, in person, and acknowledges to have received full
and entire satisfaction of the judgment herein render on the
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