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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
the plaintiff in this suit complains of
L.E.
of a plea that he render to the said
lawful money of the
to and
In that whereas the said plaintiff heretofore
to wit, on the
the year of our Lord one thousand eight hun
dred and thirty two
a sealed in stetment in writing being & writing
which said writing,
the said plaintiff cannot
to do and perform certain work labour &
services for Defendant.
at the request of Defendant
by said instrument to receive certain
of said instrument at the
of
The
on his part to be performed by the
to wit at the County aforesaid
said monies, as aforesaid to be
fifty Dollars, the plaintiff also
that Deft accepted said dealed
in writing to wit on the
that he called for said monies at
the counting room of
In the year of
sand eight hundred and thirty five
and frequently before the said day
last aforesaid and
then and there refused to him, to wit at the County
aforesaid. And the Defendant hath not
paid to the said plaintiff the said
of two hundred and fifty Dollars as
aforesaid or any part thereof altho of
the
day of September in the year of Our Lord
one thousand eight hundred and thirty
five
fifty Dollars
farther large sum of money to wit
the
thereon
of three hundred Dollars
was and still is in arrear and unpaid
to the said plaintiff contrary to the form
and effect of the said sealed in
of writing aforesaid to wit at the county
aforesaid, which sum as any
whereby and by reason of the said last men
tioned sum of money being and remaining
wholly unpaid an action hath accured to the
said plaintiff to demand and have
the the said Defendant the sum of three
hundred Dollars parcel of the sum above
demanded.
And whereas also the said Defendant afterwards
to wit on the
year of
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was in
further sum of two hundred an fifty Dollars
of lawfull money of the
for work
plaintiff for the said defendant and
at his special instance and request and
to be paid by the said defendant to the
plaintiff when he the said defendant
should be thereunto afterwards requested.
whereby and by reason of the said last men
tioned sum of money being and remaining
wholly unpaid an action hath accrued
to the said plaintiff to demand and
have of and from the said Defendant the
sum of two hundred and fifty Dollars
In that whereas also the said plaintiff here
tofore to writ on the twenty ninth day
of February in the year of Our Lord one
Thousand eight hundred and thirty
bound himself by
instrument of
being in the
fendant the said plaintiff
duce the same to the court here) to do
and perform certain work labor and
for Defendant- Plaintiff avers that
he
self by said then sealed instrument at
the request of Defendant to wit on the day
and year aforesaid at the county aforesaid
from the defendant upon complaince
with the provisions of said other instruments
at the
the city of
plaintiff
formed every thing on this part to
be complied with and performed
by the provisions of said other instrument
aforesaid, to wit at the county a
foresaid,-
was against his plaintiffs' will and
desire discharged from any further
service for the defendant to wit with
at the county aforesaid to writ at the title
day of June in the year of our one thousand
eight hundred and thirty three
which time forward
the said Plaintiff hath ever held him
self ready and
to perform every thing on his part to
be done and performed by the pro
visions of the said other instrument
aforesaid, at with at the county of
That the amount of said monies
aforesaid to be
as aforesaid was two hundred and
fifty Dollars; that Deft accepted said
other sealed instrument which was executed
an delivered to him by plaintiff to
wit on the twenty ninth day February
in the year of our Lord one thousand
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eight hundred and thirty two at the
county aforesaid. That he plaintiff
called for said monies at the
of Deft in
in the
of our Lord One thousand eight
hundred and thirty five
before the said day last aforesaid
and demanded payment of the monies
aforesaid and that payment was
then and there refused to him, to
wit at the county aforesaid. And the
Deft hath not paid to the said plain
tiff the said
and fifty Dollars as aforesaid as any
part thereof altho often requested so
to do, but on the
wit in the
in the year of our Lord one thousand
eight hundred and thirty five
said sum of two hundred and fif
ty Dollars, together with a farther
large sum, to wit, the farther large
thereon, making together the sum
of three hundred Dollars became
and was and still is in
trary to the form and effect of the
said other sealed instrument of writing
aforesaid, to wit as the country aforesaid, which sum as any part thereof
the said defendant altho'
said other sealed instrument of writing
aforesaid, to wit at the county aforesaid
which sum or
Defendant altho'
refused to pay to the said plaintiff
whereby and
by
wholly unpaid
crued to the said plaintiff to de
mand and have of and from the said
Defendant the sum of three hundred
Dollars parcel of the sum above
demended.
And whereas
afterwards to wit on the fourth day
ofSeptember in the year of our Lord
one thousand eight hundred and
thiery five at the
said plaintiff in the further sum
of two hundred and fifty Dollars
lawful money of the united
States for the wages or salary of the
said plaintiff, before that time and
then due and payable from the
said Defendant to the said Plaintiff
for the service of the said plaintiff
by him before then done and per
formed as the
for the said Deft. and on his retainer
by the said Defendant to the said plain
tiff when be the said defendant should be
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Thereunto afterwads requested; whereby
and by reason of the said last mentioned
sum of money being and remaining
wholly unpaid an
to the said plaintiff to demand and
sum of two hundred and fifty Dollars
parcel of the said sum above demanded
And whereas also the said Defendant hereto
fore to wit in the
ber
said, accounted with the plaintiff
of and concering divers
of money before that time and the
due and owing and then is arrear
and
to the said plaintiff and upon that
accounting the said defendant was
then and there found to be is arrear and
indebted to the said plaintiff in the
farther sum of two hundred and
fifty Dollars of
to be paid by the said Defendant
to the said Plaintiff when he the
said defendant should be
afterwards requested whereby and by
reasons of the said last mentioned
sum of money being and remaining
wholly unpaid an action hath
accrued to the said plaintiff to demand
and have of and from the said Defendant
the said last mentioned sum of
two hundred and fifty Dollars the
residence of the said sum above de
manded
of thirteen hundred and fifty Dollars
and therefore he brings his suit
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The Plaintiff aforesaid comes and files
according to the statute in such case
made and provided the following allegations
and
as
1.said plaintiff alleges that at the time
the said
were summoned as
suit they were indebted to the said de
fendnat in the sum of two thousand
purchased by them of said defendant
before that time
2 That at the time said
aforesaid were summoned as such
they were indebted to the aforesaid
Defendant
in the sum of two thousand Dollars
for land sold and
wares and
livered & for notes bonds, accounts &
other choses in action assigned by
the said defendant aforesaid to the
said
3.Also that when said
were summoned as such as aforesaid
they had in their
charge, lands tenements money, goods
notes, bonds, bills and accounts belon
ging to said
to a large amount and of
great value to wit of the value of
two thousand Dollars
4.Also that there has come to the hands
of said
moned as aforesaid money, goods,
tels, money, credits and effects of said
defendant aforesaid of great value
to wit of the value of two thousand
Dollars And the plaintiff aforesaid
prays that the said
fully to
and specially the following
1.
in this
you, or you or either of you with
others indebted to said defendant
alone or to said defendant with
others for goods wares and
dize,
fur,
other matters, purchased by you or either
of you or you or either of you with
others from above named defendant
alone or said Defendant with others
in the sum of two thousand Dollars
if not in the form
of you or you or either of you with
others
others?
2.
aforesaid were not you at either
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of you or you or either of you with
others indebted to the said defendant
or to the said defendant with others
as stated in the second allegation
if not so in
either or you or either of you with
others indebted to the said defendant
3. When summoned as such garnishees
as aforesaid were not you or either
of you or you or either of you with
others indebted to the above defen
dant or to the above defendant with
others or had not you as either of
you or you or either of you with
others in the possession, custody or
you or either of you with others
the
said defendant or of said de
fendant with others as mentioned
in the fourth alligation?
Please state
property or effects you or either of
you or you or either of you with
others then had in the possession, cus
tody or Charge of you or either
of you or you or either of you
with others belonging to the siad
defendant or to the said defendant
with others, specifying to whom
said property & effects belonged &
the value thereof
4.
session custody or charge of you
with others since you were sum
moned as such garnishees goods,
credits, moneys, & effects of said defen
dant or of said defendant with
others as stated in the fourth allega
tion aforesaid- ?
Please state particularly,
specify and describe what property
or effects of the above defendant
or of the above Defendant with
others have come into the possession,
custody or charge of you or either
of you or you or, either of you
with others, adding the name
of the person to whom the same
belongs and the value thereof,
to withof each item?
The plaintiff
that the said
ordered fully to answer the
foregoing allegations and
day of the next Term of this
Court
vs
Joseph
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Francises Corella
vs
Debt
The Clerk will issue
an attachment &
summon
P.Q.
The plaintiff in written action of debt deposeth &
sayeth that the defendant in within action
is justly indebted to the said plaintiff in
a sum exceeding the sum of fifty Dollars
to wit in the sum of One hundred an fifty
eight Dollars and fifty cents, that said deponent
resident of or residing within this state
and that he has so absented himself from
this state that the ordinary process of laws
cannot be served on him.
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We command you to Attach
by all and singular
goods, chattels, moneys, credits, and effects, or so much thereof as shall be
sufficient to secure the sum of
and fifty cents
hands or possession soever the same be found, in your bailiwick, that the said
be and appear at the next term of the
of, on the first day of said term, to be holden at the city of
and for the county of
then and there to answer unto
Francisco Corrella the sum of Thirteen Hundred dollars lawful money of the united States
which he owes to and injustly detains from him
to the damage of said plaintiff of
dollars: And also that you might summon all and every person, in whose
hands or possession soever, any such lands, tenements, goods, chattels, mo-
neys, credits or effects may be found, and particularly
before the judge of our said court, on the first day of the term aforesaid,
then and there to answer unto what may be objected against them; and have
you then there this writ.
Executed this writ by reading it and the decleration
to Peter Powell & Joseph Powell on the
1835
as garnishees by declaring to them in presence of
Daniel Lamont who is a creditable person of the
I did attach all the bonds tenements, goods
chattels moneys, credets and effects of
tho said
vs
attachment
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Publication of Notice to Deft signed by
Costs of publication
James
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as Garnishee with
and interrogations in the above entitled cause according
to
on oath:
For answer to the first allegation; he says that at
the time the said Peter Powell & Joseph Powell were summoned
as Garnishees in this suit they were not indebted to the said
defendant
dollars for goods wares and merchandise, beaver, beaver-traps,
fur or other matters purchased by them of said defendant
before that time.
For answer to the second allegation; he says, that at the time
said Garnishees aforesaid were summoned as such they were not
indebted to the aforesaid defendant
in the sum of two thousand dollars for land sold and conveyed,
goods wares and merchandise sold & delivered or for notes, bonds
accounts or other chases in Action assigned by the defendant
aforesaid to the said Garnishees.
For answer to the third allegation he says that when said Gar-
nishees were summoned as such as aforesaid, they had not in
their possession, custody or charge, lands, tenements, money, goods
wares and merchandise, fur & beaver, notes, bonds, bills and
accounts belonging to said
large amount & of great value to wit of the value of two
thousand dollars
For answer to the fourth Allegation; he says, that there
had not come to the
so summoned as aforesaid, moneys, goods, chattets, credits and
effects of said Defendant aforesaid of great value to wit of the
value of two thousand dollars: And the above named
the above statements under oath in answer to the allegations
filed & exhibited in the above entitled such and for answer to the
several Interrogations which the said plaintiff prays the said
Garnishees aforesaid may be compelled on their oaths fully to answer
the said
moned as Garnishees in this suit neither was he the said
of them as far as he knows indebted to the saw Defendant alone or to the said defendant with others;
neither was he the saw
of them as far as he knows indebted
to the said Defendant alone or to the said defendant with others
neither was he the said
or them or as far as he knows either of them, or him or them or as far as
he knows either of them with others from the above named defendant
alone or said Defendant with others in the sum of two thousand dollars
nor did he or they or as far as he knows, either of them alone
with others owe the said defendant alone or with others any sum
or amount whatsoever.
For answer to the second Interrogatory; he says, that when
summoned as Garnishees as aforesaid, neither was he the said
was either of them alone or with others indebted to the said Defendant, or
to the said defendant with others as stated in the said plaintiffs second
allegation nor in any other manner or way nor by any other means,
was he or they or as far as he knows either of them indebted alone or with
others to the said defendant alone or with others in any sum or amount
whatsoever.
For answer to the third Interrogatory; he says, that when summoned
as such Garnishees as aforesaid, neither was he the said
nor were they the said Peter Powell & Joseph Powell, nor as far as he knows
was either of them indebted alone or with others (
defendant oor to the above defendant with others; that neither had
nor, as far as he knows, either of them alone or with others in
the possession, custody or charge of him the said
them the said Peter Powell & Joseph Powell or as far as he knows either
of them alone or with others, the lands, property and effects of said
defendant or of said defendant with others as mentioned in the plain
tiff's Fourth Allegation. And the said
neither had he, nor the said Peter Powell & Joseph Powell, nor as far
he knows either of them then alone or with others any property or effects in
the possession, custody or charge of him, them, or, as far as he knows,
either of them, alone or with others, belonging to the said defendant
or to the said defendant with others.
For Answer to the Fourth Interrogatory he says that there has not
come into the possession, custody or charge of him the said
or them the said Peter Powell & Joseph Powell, or as far as he knows either
of them alone or with others since they were summoned as such Garnishees, goods, chattels, credits, moneys and effects of said defendant or
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of said Defendant with others as stated in the said plaintifs fourth
allegation. And the said
of the above defendant or of the above defendant with others have
come into his possession custody or charge or into the possission custody
or charge of the said
knows either of then alone or with others and therefore he cannot
as he is frequently requested in the said plaintiffs In terrogations
ticularly specify and described" any property or effects, nor "add the name
of the person to whom the same belongs" nor "the value thereof to wit, the
value of each item."
The above are the answers on oath which the
said
entitted cause
several allegations and
tiffs prayer of the statute in that behalf made & provided which said
answers and statements are as positive full and satisfactory as in the
nature of the case and circumstances may be possible.
No 34
vs
Answer of
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moned as Garnishee with
Interrogations filed & exhibited in the above entitled cause according
to and by virtue of the Statute in such case made and provided
first being duly sworn for
in oath:
For Answer to the first Allegation; he says, that as the
time the said Peter Powell & Joseph Powell were summoned as
Garnishees in this suit, they were not indebted to the said Defend
ant
for goods
matters purchased by them of said Defendant before that time.
For Answer to the Second Allegation; he says that at the time
said Garnishee aforesaid were summoned as such they were not
indebted to the aforesaid
in the sum of two thousand dollars for land sold and conveyed goods
wares our marchandise sold & delivered or for notes bonds, accounts
or other
said Garnishees.
For answer to the Third Allegation, he says that when said
Garnishees were summoned as such as aforesaid they had not in
their possession cusstudy or charge lands tenements money, goods
wares & merchandise fur and be beaver notes bonds bills and
accounts belonging to said
amount and of great value, to wit of the value of two thousand
dollars.
For answer to the fourth Allegation, he said that there
havenot come to the hands of the said Garnishees since they
were to summoned as aforesaid moneys, goods, chattels credits
and effects of said Defendant aforesaid of great value to wit of
the value of two thousand dollars: And the above named
the above statements under oath in answer to the allegations find
and exhibited in the above entitled suit: And for answer to the sev
eral Interrogatories which the said plaintiff prays the said Garni
shees aforesaid may be compelled on their oaths fully to answer the
said
oath.
For answer to the first Interrogatory; he says that when
knows either of them
defendant with others for goods wares and merchandise fur beaver
beaver traps, or other matters purchased by him, or them, or as far
as he knows either of them alone or him, or them, or as far as he knows
either of them with others from the above named defendant alone
or said defendant with others in the seven of two thousand dollars
Nor did he, or they, or as far as he knows either of there alone or
with others our the said defendant
with others any sum or amount whatever.
For answer to the Second Interrogatory; he says that when
summoned as Garnishees as aforesaid neither has he the said
nor as far as he knows was either of them above or with others in
debted to the said Defendant alone or to the said Defendant with
others as stated in the said Plaintiffs second
other
far as he knows either of them indebted above, or with others to the
said Defendant above or with others in any sum or amount whatsoever.
For Answer to the Third Interrogatory; he says that
when summoned as such Garnishees as aforesaid neither was he
the said
others to the above defendant or to the above defendant with
others: that neither had he the said
said Peter Powell & Joseph Powell, nor, as far as he knows either
of them alone or with others in the possession, custody or charge of
him the said
others the lands, property and effects of said Defendant or of said
Defendant with others as mentioned in the plaintiffs Fourth
allegation. And the said
nor the said
knows either of them, then alone or with others any property or ef
fects in the possession, custody or charge of him, them, or as far as
he knows either of them alone or with others, belonging to the said
Defendant, or to the said Defendant with others.
For Answer to the Fourth Interoogatory; he says, that there
have not come into the possession, custody or charge of him the
said
or, as far as he knows either of them alone or with others since they
were summoned as such Garnishes, goods, chattels, credits, moneys
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and effects of said Defendant or of said Defendant with others as
stated in said plaintiffs fourth allegation. And the said
says, that no property or effects of the above Defendant or of the above
Defendant with others have come into the
of him the said
therefore he cannot as he is frequently requested in the said Plaintiffs
Interrogatories "particulary
fects, nor "add the name of the person to whom the same belongs," nor,
"the value thereof, to
The above are the
leave to be permitted to put in to the said Plaintiff's several allega
tions and Interrogations according to the
prayer and of the
said answers and statements are as position, full and satisfactory
as in the nature of the case and the
sible.
County of
city of
of the
and that full
Franesco Corella
vs
Answer of
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of communication between us--we
not personally acquainted-there
therefore, no mode through which
can address me, unless it be officia
and in the discharge of some pu
function imposed upon you by the C
stitution and Laws of the Land; an
it is evident that this is not in discha
of any such public function, the con
sion therefore follows that it is impro
for you thus to address me: and it wo
ordered that the said Benjamin L. E. Bon
ville be notified that an action of debt, dama
thirteen hundred and fifty dollars, has been
mmenced against him, by the said Francisco
the next March term of his court, and plead
the action aforesaid according to law, a judg
A true coy of the order.
Personally appeared before the undersigned, a Justice of the Peace, within and for the county afore
said,
ed advertisement was published in the
of
in No.
in No.
in No. , , in No. , ,
in No. , , in No. , ,
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vs.
B.
for Pltf
Executed this writ on
the of
by reading it to him Gilbert Solomon
not found in my County & by Reading
it to
1836
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of the
plaintiff and have you then and there this writ.
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vs
attachment
replication
of
Between
vs
This replication of
to the answer (to the allegations & i
in this
This repliant saving & reserving
himself all and all manner of advantage
of exception to the manifold insufficiencies
of the said answer, for replication
Bill on allegations & interrogatories to be
answered unto and that the said
answer of the said
untrue & insufficient to be replied
by this replaint, without that, that any
other matter or thing whatsoever in the said answer
ef
this repliant is & will be ready to
&
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vs
attachments
R
to answer of
Between
wherein above
answer (to the allegations & interogatories in this
This repliant, saving &
all & all manner of advantage of
to the
answer for replication
that he will
allegations & interrogatories
in the law to be
the said answer of the
tain,
unto by this replaint, without that, that any
of the matter or thing whatsoever in the said
answer material or
to be replied unto, confused and
to aver &
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Executed this writ by reading the
&
in the county of
found in my county
Franics Corella
vs
B.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
is
is
plff