In Partition Now at this day come the parties by their respective Attorneys, the said minors by their guardians as aforesaid, and thereupon it is ordered that the or der of sale heretofore made at this term of the Court in this case be set aside and annulled, and on motion it is ordered that the order of sale heretofore made at this term of the Court in this case be set aside and annulled, and on motion it is ordered that the order of sale heretofore made at a this former term of this Court be renewed and the commissioners appointed in this case in their report heretofore filed having reported that in their opinion the lots numbered fifty seven and forty nine as designated on the plat which accompanies their original report in this case and the triangular lot or piece of ground which on said plat is represented as West of Main street as not susceptible of division. It is therefore ordered that said property to wit lot number fifty seven as designated upon the play of Smith Bates and Lisa's addition as made and filed by the CommifsionersComissioners afordsaid which lot fronts east on Madison or Lewis street fifty feet by one hundred and forty feet be the same more or less in depth and bounded on the East by said Madison street or Lewis street, north by lot number fifty six, west by lots numbered forty nine and fifty and south by lot number seventeen also lot number forty nine as designated on said plat which lot fronts fifty seven feet six inches upon Maris street by one hundred and forty feet more or less in depth and bounded north by lot number fifty West by Main street, South by lot numbered forty eight and East by lot numbered fifty seven and the triangular lot of piece of ground which on said plat is designated as West of Main street which train- gular lot or piece of ground is bounded west by the western boundary of a tract of eighteen arpents of land heretofore owned by Manuel Lisa, William Smith and Frederick Bates, north by land conveyed by Pierre Chouteau to William C Carr and East by Main street be sold by the Sheriff according to law for cash.

Trespass. Now at this day come the parties aforesaid by their respective Attorneys and thereupon the motion of the plaintiff to set aside the verdict of the Jury and to grant a new trial herein is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled.

Now at this day come the parties aforesaid by their respective Attorneys, and thereupon the motion of the plaintiff that said defendant be required to elect out of the several pleas by him pleaded such as he will rely upon on the trial of this cause, and that pleas not so elected be stricken from the record is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled.

Assumpsit. On motion of the said garnishee by his Attorney it is ordered that he be discharged from all liability and demand in virtuo and by authority of such garnishment at the costs of the said plaintiffs and that execution issue therefor.

Assumpsit. Now at this day come the plaintiffs by their Attorney, and the defendant although demanded comes not but makes default, nor hath he pleaded to the said action, where- fore said plaintiffs ought to recover against him, but it being unknown to the Court what damage the plaintiffs have sustained by reason of the unperformance of the promises and undertakings in their declaration mentioned it is ordered that enquiry thereof be made at the present term of the Court

Petition for writ of Habeas Corpus. Now at this day comes the Petitioner by his Attorney and files his petition for a writ of Habeas Corpus, and thereupon it is ordered by the Court that said writ issue to John Shade superintendent of the City Work House of the City of St Louis in accordance with the prayer of said petition returnable forthwith.

In Partition. Now at this day come into Court John Dunn, Daniel H Donovan and James J Purdy the CommifsionersCommissioners who were appointed by the Court to make partition of the land in the judgment and order of Court described, and file their report of their proceedings herein in which report they state that partition of said premises cannot be made without great prejudice to the interests of the owners thereof, the Court doth therefore order that said report be confirmed, and that that lands and premises therein mentioned be sold by the Sheriff of St Louis County according to the statute in such case made and provided for cash.

Court adjourned until tomorrow morning at Nine o'clock. John M Krum

Court met pursuant to adjournment. Present as before.

Petition for freedom. Now at this day come the parties aforesaid by their respective Attorneys and thereupon comes also a Jury to wit John J Ames, John G Atkins, John Barnhurst, William Burchstedt, William H Boswell, Taylor Blow, John Bunding, James Burrough, D. S. Bigham, J.R. Sprigg, Selar Sunins and William Turnibly twelve good and lawful men who being duly elected tried and sworn the issue within joined between the parties aforesaid well and truly to try, and after hearing the evidence and arguments of Counsel are unable to agree upon a verdict and are thereupon discharged and the cause continued until the next term of the Court.

The plaintiff by his Attorney this day files a motion to set aside the verdict and grant a new trial in this cause for reasons accom- panying said motion.

Trespass and false imprisonment Now at this day come the parties aforesaid by their respective attorneys and thereupon comes also a Jury to wit. John J Ames, John G Atkins, John Bamhurst, William Rurchstead, Taylor Blow, William E Brush, John Bunding, James Burrough, D.S. Righam, J.H.P. Blackwood, Slar Simmons and Hugh Rose twelve good and lawful men who being duly elected tried and sworn the cause within joined between the parties aforesaid well and truly to try upon their oaths aforesaid say that the said defendant is not guilty of the said supposed greivances or either of them in manner and form as the said plaintiff hath thereof above complained. It is therefore considered by the Court that the said plaintiff take nothing by her said suit but that the defendant go thereof without day. The plaintiff by her attorney this day files a motion for a new trial herein and reason accompanying said motion

$200.00

Petition for Dower And now at this day come again the petitioner and the said defendant and neither party requiring a Jury all and singular the premises are submit- ted to the Court, and it being agreed between the parties that the plaintiff is entitled to dower in the land in the declaration intended that said landa are not susceptible of a division that the damages sustained by the plaintiff amounts to two hundred Dollars, and the plaintiff waves any annual allowances in heir of dower and that upon the payment of the said sum of Two hundred dollars and the costs of this suit by the defendant the same shall be in full of dower in the said lands and damages and the said lands in the declaration mentioned of the plaintiffs right and claim of dow- er therein. It is considered by the Court that the said plaintiff do recover of the defendant the said sum of two hundred dollars damages aforesaid agreed together with her costs and charges by her in this behalf laid out and expended and that upon full payment of the said damages and costs the land and premises in the declaration mentioned be discharged of the dower of the said plaintiff and damages

Assumpsit This case being called for trial and no one appearing to prosecute the same on behalf of the said plaintiff it is ordered by the Court that the suit be dismissed for want of prosecution with costs and that execution issue therefor.

Replevin Now at this day comes the plaintiff by his attorney and says that he will not further prosecute his suit in this behalf, but voluntarily suffers the same to be dismissed It is therefore considered by the court that the defendant recover of the plaintiff his cost and charges in this behalf expended and have thereof execution.

The defendant by his attorney this day files a motion for a rule on the said plaintiff to furnish him with a bill of the particulars of the demand on which this action is founded.

Replevin The Sheriff having returned the court issued in this cause not execu- -ted for want of sufficient bond it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.

John R Morris vs Malor Osborn and R. Daugherty. Cause Continued by consent

Now at this day comes Henry Koch one of the defendants herein and files his affidavit therefor and moves the court for a continuance of this cause until the next term of this Court on account of the above of Peter Stoffel and Theodore Kinnin which motion is sustained and the Cause Continued at the cost of the defs

Cause Continued by consent.

Agreement filed and Cause Continued by consent.

Cause Continued.

Assumpsit Now at this day come the parties aforesaid by their At- torneys and file their agreement in writing herein whereby they agree that this suit be dismissed at the costs of the plaintiff and the defendant releasing the plaintiff from all obligation by virtue of the attachment bond herein. It is therefore considered by the Court that this suit be dismissed and that the said defendant recover of the said plaintiff his costs and charges in this behalf expended and have thereof execution.

Cause Continued to abide decision of the suit of the same plaintiff against George Scheibel in the Supreme Court.

The defendant by his Attorney this da files three pleas herein._

The defendant by his Attorney this day files a petition for the production of papers on the trial of this cause.

Trespass and false imprisonment. Now at this day come the parties aforesaid by the respective Attorneys and thereupon comes also a Jury to wit John T Ames, John P Atkins, John Bamhurst, William Burchstead, Taylor Blow, William E Brush, John Bunding, James Burrough, D.S. Bigham, J.H.P. Blackwood, Selar Simons and Hugh Rose twelve good and lawful men who being duly elected tried and sworn the issue within joined between the parties aforesaid well and truly, whereupon the plaintiff voluntarily submits to a nonsuit with leave to move to set the same aside. It is therefore considered by the Court that the plaintiff take nothing by his said suit, but that the defendant go thereof without day.

Appeal from Justice. Now at this day come the parties aforesaid by their respective Attorneys and thereupon comes also a Jury to wit B.H. Atkinson, J.B. Burbayge, Joseph Balance, James C Bury, George B Bria, Edward McDonnell, James Teil, H.H. Raisin, William Gearing, C.S. Casteiline John McAnulty and William H White twelve good and lawful men who being duly elected tried and sworn the matter in controversy between the parties aforesaid well and truly to try upon their oaths aforesaid say that the said defendant is indebted unto the said plaintiff in the sum of Nine Dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant and of John M Wimer the security in the appeal bond taken herein the debt aforesaid in form aforesaid by the Jury formed and assessed together with his costs and charges in this behalf expended and have thereof execution.

Debt on Penal bond Now at this day come the parties aforesaid by their

said plaintiff his costs and charges in this behalf expended and have thereof execution.

Assumpsit. Now at this day come the plaintiffs by their Attorney and on their motion and by consent it is ordered that this suit be dismifseddismissed at the costs of the said defendant. It is therefore considered by their Court that the plaintiffs recover of the said defendant their costs and charges in this behalf expended and have thereof execution.

. . .Cause Continued by consent.

MefsrsMessrs Joseph B Crockett and A.O. Whittemore this day file an inventory of the assigned effects herein and thereupon the Court appoints John McNeil and Samuel Lockwood appraisers to appraise the estate and effects assigned

On motion of the defendant by his Attorney it is ordered that a dedimus issue to Canada East to take the depositions of witnesses to be read on the trial of this cause on behalf of said defendant.

Now at this day comes John Shade Superintendent of the City Work House, and brings into Court here the body of the said pe- titioner in obedience to the command of the writ issued herein and thereupon it is ordered that the said petitioner be remanded into the custody of the said Super- intendent until the further order of the Court in the premises.

Court adjourned until tomorrow morning at nine oclock.

Court met pursuant to adjournment. Present as before.

Ejectment Now at this day come the parties aforesaid by their respective Attorneys and thereupon comes also a Jury to wit John T Ames, John G Atkins, John Barnhurst, William Burchstead, W.H. Boswell, Taylor Blon, William E Brush, John Bunding, James Burrough, D.S. Bigham, J.H.P. Blackwood, and James R Sprigg twelve good and lawful men who being duly elected tried and sworng the issue within joined between the parties aforesaid well and truly to try upon their oaths aforesaid say that the said defendant is guilty of the trespass and ejectment in manner and form as the said plaintiff hath in his declaration alleged and they do assess the plaintiffs damages sustained by reason of such trespass and ejectment at the sum Ten dollars and do find that the monthly value of the premises in the declaration described is Two Dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the said defen-

Appeal from Justice. Now at this day comes the defendant by his Attorney, and the plaintiff having failed to file a bill of particulars herein, within the time as required by the rule heretofore made in this cause it is therefore ordered that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.

The plaintiff by his Attorney this day files a motion to set aside the nonsuit and grant a new trial in this cause for reasons accompanying said motion

Petition on four notes filed by consent Now at this day comes the plaintiff by his Attorney and files his petition herein, and the defendant by David C Briggs his Attorney in fact who produces to the Court here and files a power of attorney to that effect duly proven also comes and says that he cannot deny the action aforesaid of the said plaintiff, nor but that he is indebted unto him in manner and form as he hath in his declaration alleged, nor but that said plaintiff hath sustained damage by reason of the detention of said debt to the sum of Twelve Dollars and twenty four cents, and that the amount of such indebtedness is four hundred and eighty five Dollars for which sums he confesses judgment. It is therefore considered by the Court that the said plaintiff recover of the said defendant the debt and damages aforesaid in form aforesaid by the defendant confessed together with his costs and charges in this behalf expended and have thereof execution. Two hundred dollars of this judgment bears interest at the rate of ten per centum per annum and Two hundred and eighty five Dollars ballancebalance thereof interest at six per cent per annum.

William Milburn Esquire Sheriff of the County of St. Louis acknowledges the execution of a deed by him as Sheriff as aforesaid in favor of Isaac T Greene of all the right title interest claim estate and property of John D Davis of in and to the following described real estate to wit All that certain lot of ground lying in the City of St Louis in the County of St Louis and State of Missouri situate in that part called Cnners addition which lot is bounded and described as follows, beginning at the inter- section of sixth street, and Saint Charles road running thence eastwardly along the northern edge of said road forty two feet, thence northwardly and parallel to sixth street sixty eight feet thence westwardly and parallel to the St Charles road forty two feet to sixth street, thence along the eastern edge of sixth street, sixty eight feet to the beginning being the same lot purchased by Horatio N Davis at Sheriffs sale as will more fully appear by deed dated March twentieth 1839 & sold in virtue and by authority of a special writ of fieri facias issued from the office of the clerk of the St Louis Circuit Court and return- able to the April Term 1846 of said court in favour of James May against John D Davis._

On Note Now at this day comes the said defendant in proper person, and confesses himself indebted unto the said plaintiff in the sum of Thirty nine hundred dollars and the note herein filed, and that the said plaintiff has sustained damage by reason of the detention of said debt to the sum of Ten dollars and eighty three cents. It is therefore con- sidered by the Court that the said plaintiff recover of the said defendant the debt and damages aforesaid in form aforesaid confessed together with his costs and charges in this behalf expended and have thereof execution.

In Partition Now at this day come the parties aforesaid by their respective Attorneys and on motion it is ordered that Alexander Ham- ilton be and he is hereby appointed guardian ad litem for Sarah W Strother and John Hunt Strother infant heirs of George F Strother dec'd, who here present in open Court consents to act as such guardian and enters the apperance of said infant defendants and James F Strother also comes by his Attorney and enters his appearance to said action and the said Alexander Hamilton as administrator of the said Strother dece'd also enters his appearance herein.

Replevin The Sheriff having returned the writ issues in this cause not executed for want of sufficient bond it is ordered that this suit be dismissed at the costs of the plaintiff

Assumpsit Now at this day comes the plaintiff by his Attorney and says that he will not further prosecute his suit in this behalf but voluntarily suffers the same to be dismissed at his costs. It is therefore considered by the Court that the plaintiff take nothing by his said suit but that the defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof execution._

Suit for freedom. Now at this day comes the petitioner by her Attorney and files her petition for a change of venue of this cause, which being submitted to the Court, and being seen heard and fully understood it is ordered that said ap- plication be overruled.

...Cause Continued.

On motion of the plaintiffs by their Attorney it is ordered that a dedimus issue to the State of Mississippi to take the depositions of witnesses to be read on the trial of this cause on behalf of said plaintiffs.

Suit for freedom. Now at this day come the parties aforesaid by their respective Attorneys, and thereupon comes also a Jury to wit. G.B. Allen, F.B. Chamberlin, T T Albright, George Baum, A.L. Allen, W.B. Atwood, Francis Chinot, William Twornbly, F.S. Becker, James A Bryan, George P Roberts and J.G. Maxwell twelve good and lawful men who being duly elected tried and sworn the issue within joined between the parties afore- said well and truly to try upon their oaths aforesaid say that the said defendant is not guilty of the said several supposed grievances or either of them in manner and form as the same are by said plaintiff in his declaration alleged. It is therefore considered by the Court that the said plaintiff take nothing by his said suit, but that the defendant go thereof without day.

Now at this day comes the defendant by his Attorney and files his affidavit therefor and moves the Court for a continuance of this cause until the next term of this Court which being seen heard and fully understood it is ordered that said applicationg be overruled.

Replevin The Sheriff having returned the writ issued in this cause not served it is ordered that the suit be dismissed at the costs of the said plaintiff and that execution issue therefor.

Replevin. Now at this day come the parties aforesaid by their respective Attorneys and thereupon comes also a Jury to wit: J.G. Maxwell, John Adams, A.S. Barrada, Augustus Beauvais, William Cotter, J.B. Mount, Abijah Whiting, Augustus Doumoulin, William H Almeida, James Adams John Regan and Peter Tiernian twelve good and lawful men

Cause Continued as on affidavit at the costs of the plaintiff on account of the absence of John Calvert.

On motion of the defendant by his Attorney it is ordered that a ded- imus issue to the State of MifsifsippiMississippi to take the depositions of witnesses to be read on the trial of this cause on behalf of said de- fendant.

AfsumpsitAssumpsit. Now at this day come the parties aforesaid by their respective Attorney and thereupon comes also a Jury to wit, G.B. Allen, T.B. Chamberlin, T.J. Albright, George Baum, A.L. Allen, A.B. Atwood, Francis Chenot, F.S. Becker, James A Bryan, George P Roberts, C.L. Castertine and Thomas Wilson twelve good and lawful men who being duly elected tried and sworn the issue within joined between the parties aforesaid well and truly to try, upon their oaths aforesaid say that the said defendant did undertake and promise in manner and form as the said plaintiff hath above thereof complained against him, and they assess the plaintiffs damages sustained by rea- son of the nonperformance of such promises and undertakings at the sum of One hundred and four Dollars and fifty one cents. It is therefore considered by the Court that the said plaintiff recover of the said de- fendant his damages aforesaid in form aforesaid by the Jury found and assessed together with his costs and charges in this behalf expended and have thereof execution.

The plaintiff by his Attorney this day files a motion to set aside the verdict of the Jury rendered in this cause, and for a new trial for reasons accompa- nying said motion.

Cause Continued at the costs of the plaintiff

Petition on Note Now at this day come the plaintiffs by their Attorney and say that they will not further prosecute their suit in this behalf, but voluntarily su- fer the same to be dismissed at their costs. It is therefore considered by the Court that the plaintiffs take nothing by their said suit but that the defendant go thereof without day and recover of said plaintiffs his costs and charges in this behalf expended and have thereof execution.

The defendant by his Attorney this day files two rejoinders to each the first second and third replications of said plaintiff to the defendants third plea.

On motion of the defendant plaintiff by his Attorney leave is given him to substitute another replevin bond herein, which is done, and the former bond filed in the cause is by said plaintiff withdrawn, whereupon the trial of the cause progressed, and the Jury retire to consider of their verdict.

The defendant by his Attorney this day files two special pleas herein by leave of Court

Habeas Corpus. Now at this day comes the said John Shade Superintendent of the City Work House of the City of St Louis together with the body of the said Petitioner and his authority for detaining the same in his custody in obedience to the command of the writ issued herein, and thereupon on the motion of the said petitioner for a discharge from said custody

T. Roberts and J.L. Casterline and Madison Cornwall twelve good and lawful men who being duly elected tried and sworn the issue within joined between the parties aforesaid well and truly to try, upon their oaths aforesaid, say that the said defendants are not guilty of the matters and things in the declaration charged against them It is therefore considered by the Court that the said plaintiff take nothing by his said suit but that the de- fendants go thereof without day and recover of said plaintiff their costs and charges in this behalf expended and have thereof execution.

Assumpsit. Now at this day comes the plaintiff by his Attorney, and not requiring a Jury herein, all and singular the premises are by him submitted to the Court which being seen heard and fully understood, the Court doth find that the said defendant did undertake and promise in manner and form as the said plaintiff hath above thereof complained against him, and the Court doth further find that the said plaintiff has sustained damage by reason of the nonperformance of such promises and undertakings at the sum of Seven hundred and seventy three Dollars and sixteen cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the Court found and assessed together with his costs and charges in this behalf expended and have thereof execution.

The defendant by his Attorney this day files a motion to set aside the Judgment and grant a new trial herein and withdraws the same and by consent of parties execution herein is stayed until the third Monday of April next.

...Cause Continued at the costs of the plaintiff. _

Trespass on the Case. Now at this day comes the parties aforesaid by their respective Attorneys and thereupon comes also a Jury to wit William Luigo, George W Davis, G.B. Allen, T.J. Albright George Baum, A.L. Allen, Francis Chinot, F.S. Becker, J.A. Bryan, George P Roberts and C.L. Casterline twelve good and lawful men who being duly elected tried and sworn the issue within joined between the parties aforesaid well and truly, whereupon the plaintiff voluntarily submits to a nonsuit herein. It is therefore considered by the Court that the said plaintiff take nothing by his said suit but that the defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof execution

Motion to set aside Nonsuit filed.

Suit for freedom Now at this day comes the defendant by his Attorney, and the defendant although demanded comes not but makes default, nor doth she prosecute her suit in this behalf wherefore said defendant ought to recover against her It is therefore considered by the Court that the said plaintiff take nothing by her said suit but that the defendant go thereof without day and the plaintiff by her Attorney files a mo- tion to set aside the nonsuit and certify the cause to the St Louis Court of Common Pleas for trial

The plaintiffs by their Attorney this day file a demurrer to the plea herein.

Cause Continued as on affidavit at costs of plff.

Cause Continued by consent of parties

Debt on bond. Now at this day come the parties aforesaid by their respective Attorneys and thereupon comes also a Jury to wit, Thomas Wilson, J.G. Maxwell, Thomas Adams, A.S. Barrada, Augustus Beauvais, William Cotter, J.B. Mount, Abijah Whiting, Augustus Doumoulin, James

It appearing to the satisfaction of the Court that John Daugherty Esquire has been regularly licensed to practice law in the several courts of law of this state, it is ordered on motion that he be admitted to and enrolled as a member of this Bar which is done.

Replevin Now at this day come the parties aforesaid by their respective Attorneys, and thereupon comes also a Jury to wit Samuel A Cole, Chas Chambers, George H Calender, Joseph C Cabot, Samuel McMilley, Joseph Charless, JM Hawley, Isaac Van Houten, James Reed, William C Carr, John Dolman and Richard Condon twelve good and lawful men who being duly elected tried and sworn the issue within joined between the parties aforesaid well and truly to try, the evidence in the cause is heard, and the cause laid over until tomorrow morning for the argument of Counsel.

Court adjourned until tomorrow morning at Nine oclock

Court met pursuant to adjournment. Present as before.

Now at this day comes the said petitioner by his Attorney, and files his said petition, and prays the Court to award to him the writ of Habeas Corpus directed to Hiram Darby Superintendent of the City work house of the City of St Louis, which petition, and the matters therein, being seen and fully understood by the Court it is ordered if the said petitioner shall file security with the Clerk of this Court for the payment of the costs and charges herein which by the Court the said petitioner may be adjudged to pay, that a writ of Habeas Corpus be ifsuedissued upon the said petition and in accordance with the prayer thereof returnable forthwith.

William Milburn Esquire Sheriff of the County of St Louis acknowledges the execution of a deed by him as Sheriff as aforesaid in favor of Edward Haren of all the right title interest claim estate and property of Jacob Beibrick of in and to the following described real estate to wit a lot of ground lying in Julia C Sou- lards first addition to the City of St Louis viz lot number one in block number thirty four being thirty feet front, on the east side of Columbus street by one hundred and forty feet eastwardly to an alley twenty feet wide according to the plat of said addition recorded in the Recorders office of the County of Saint Louis sold in virtue and by authority of an execution issued from the office of the Clerk of the St Louis Circuit Court returnable to the November Term 1845 of said Court in favor of Elias B Smith against the said Jacob Bei- berick.

Now at this day come the parties aforesaid by their respective Attorneys and thereupon the motion of the said plaintiff to set aside the verdict rendered in this cause and to grant a new trial is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled, and thereupon the plaintiff files a bill of Exceptions herein.

Dept $500.00

Trepass Now at this day come the parties aforesaid by their respective attorneys and the Jurors unlled in the cause also come and upon their oath aforesaid say that the said defendants are guilty of the said trespass in the declaration mentioned in manner and form as the said plaintiff hath above thereof complained against him and they assess the plaintiffs damages by him sustained by reason of the premises in his declaration stated at the sum of Five Hundred Dollars. Therefore it is considered by the Court that the said plaintiff re- cover of the said defendants his damages aforesaid in form aforesaid by the Jury assessed together with his costs and charges in this behalf expended and have thereof execution._

On motion of the defendant by his attorney it is ordered that the plaintiff file good and sufficient security for the costs herein within five days after service of or copy of this rule

Now at this day come the parties aforesaid by their respective at- torneys and thereupon all and singular the premises pertain- ing to the demmurrer of the said petitioner to the replication of the said defendants to the fourth and fifth pleas of the petitioner to the return to the wit of alternative maudamus issued in this cause is by them submitted to the Court which being seen heard and fully understoof it appearing to the Court that said replications are not sufficient in law it is therefore considered that the demurrer to said replications be sustained and leave given the said defendants to reply over.

Petition for Habeas Corpus The petitioner by his attorney this day files pleas to the return to the wit of Man- damus issued herein

Court adjourned until Monday morning at Nine oclock

Monday Febuary 9th 1846 Court met pursuant to adjournment Present as before

Assumpsit Now at this day come the plaintiffs by their attorney and say that they will not further prosecute their suit in this behalf but voluntarily suffer the same to be dis missed at their costs. It is therefore considered by the Court that the said plaintiffs take nothing by their said suit but that the defendants go thereof without day and recover of said plaintiffs their costs and charges is this behalf expended and have thereof execution.

Assessment of facts filed.

Cause Contained on the affidavit of the defendant of the absence of Peter W Ham a material witness for the defence at the costs of the said defendant

Albert G Little and Deborah his wife vs Thomas Morris . Cause Continued by consent

Assumpsit Now at this day come the parties aforesaid by their respective attorneys and thereupon comes also a requiring a Jury all and singular the premises are by them submit- ted to the Court which being seen heard and fully understood the Court doth filed as to the issue within joined between said parties that the said defendant did undertake and promise in manner and from as the said plaintiff hath in his declaration alleged and doth assess the plaintiffs damages by them sustained by reason of the nonperformance of such promises and undertakings at the sum of Two hundred and twelve Dollars and fifty three cents. Therefore it is considered by the Court that the plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the Court found and afsefsedassessed together with his costs and charges by him about his suit in this behalf expended and have thereof execution.

Dam $212.53

AfsumpsitAssumpsit Now at this day come the parties aforesaid by their respective attorneys and thereupon comes also a Jury to wit Charles Klunk, R.R. Goodwin, James Graham, Sidney Blauchard John F Altemus, Henry Glover, James A Reed, Charles F Hoelzle. John Gutlord, J.M. Owings Alexander Hoy and William twelve good and lawful men who being duly elected tried deed sworn the issue within joined between the parties aforesaid will and truly to try upon their oaths aforesaid say that the said defendant did undertake and promise in manner and form as the said plaintiff hath in his declaration alleged and they afsefsassess the plaintiff damages sustained by reason of the nonperformance of such promises and undertakings at the sum of Eleven hundred and thirty one Dollars and forty nine cents. Therefore it is considered by the Court that the said plaintiffs recover of the said defendants their dam- ages aforesaid in form aforesaid by the Jury found and afsefsedassessed together with their costs and charges in this be- half expended and have thereof execution.

The defendant by his attorney this day files his affidavit and moves the Court for a continuance of this cause until the next term thereof which motion is by the Court overruled.

It appearing to the satisfaction of the Court that George L Dixon Esquire has been regularly licen sed to practice law in the several Court of Law of this State on motion of J. Spalding Esquire it is ordered that he be admitted to and enroll as a member of this Bar which is done accor dingly.

Assumpsit Now at this day come the parties aforesaid by their respective at torneys and the defendant withdraws the notice of defence under the statute of limitations pleaded by him herein and thereupon comes also a Jury to wit: Henry Glover, Live B Clark, George Stansburg, William Millainson, William Glasgow Jr, John F Altemus, Charles F Hoelzle, J.W. Ourings, Charles Klunk, Alexander Hoy, John Guthrod and James Reed twelve good and lawful men who are duly elected tried and sworn the issue within joined between the parties aforesaid well and truly to try whereupon the evidence in the cause is heard and the plaintiff says that he will not further prosecute his suit in this behalf. Therefore it is considered by the Court that the said plaintiff take nothing by his said suit but that the defendant go thereof without day and recover of said plaintiff his costs are charges in this behalf expended and have thereof execution.

The plaintiff by his Attorney this day files a motion to strike out the pleas filed on behalf of the defendant in this case in the month of June last for reasons accompanying said motion.

The plaintiff by his Attorney this day files a motion to strike out the pleas filed on behalf of the defendant in this case in the month of June last for reasons accompanying said motion.

The plaintiff by his Attorney files a replication to the plea of set off pleaded by the said defendant.

And now comes Samuel Soper by his Attorney, and files his motion to set aside the execution in this case and the levy made thereunder for reasons filed accompanying said motion.

Agreement of Counsel filed.

Case. On motion of the defendant by his Attorney it is ordered that the County Sur- veyor make survey of the premises in dispute between the parties in this case according to law, and make return of the same to this Court without delay and the Cause is Continued until the next term of this Court.

Now at this day comes the plaintiff by his Attorney and files his af- fidavit, and prays the Court for an appeal from the Judgment herein rendered to the Supreme Court, which is granted him accordingly.

Court adjourned until to morrowtomorrow morning at Nine oclock

Court met pursuant to adjournment. Present as before. _

The plaintiff by his Attorney this day files three replications to the pleas herein.

The Plaintiff by his Attornney this day files three replications to the additional pleas herein.

day of august A D 1832 recorded in the Records office of St Louis County in Book 5. page 143 who to- gether with his wife conveyed the same nasciquant Francois Arfmond by deed having date the 31st day of august A D 1832 recorded in said office book S. P 144 and following who together with his wife conveyed the same to said Adam This (by the name of Adam Jeis) by deed bearing date the 12st day of January A D 1837, recorded in the said office book D no 2 page 66. Therefore it is considered by the Court that partition of said premises be made between said parties according to their respective rights and interests as herein before ascertained and determined by the Court quantity and quality relatively considered and the Court doth appoint Adam Muller, John P Grecelius and John H Muller there respectable freeholders resident of the county of St Louis where the property to be divided is situate Commissioners to make such partition according to the order and judgment of this Court and they are required to make report of their preceedings under this order to this Court without delay.

In Partition Now at this day come into Court here the Commifsioners Commissioners who were appointed by the Court to make judgment of partition between the parties herein and file their report of their proceedings under this order in which report they stake that partition of said premises cannot be made without grant injury to the interests of the owners thereof the Court doth therefore order the said report be confined and that the lands and premises mentioned in the petition for partition herein be sold by the Sheriff of St Louis County according to the statute in such case made and provided for cash.

Trespass Now at this day come again the parties aforesaid by their respective attor- neys and the Jurors empannelled in the cause also come and upon their oaths aforesaid say that the said defendant is guilty of the said several grievances above laid to his charge in manner and form as the plaintiff hath above thereof complained against him. Therefore it is considered by the Court that the said plaintiff be liberated and entirely set free from the said defendant and from all other persons claiming by thereof or under him, bt title derived since the commencement of this Court and that she recover of the said defendant her costs and charges in this behalf expended and have thereof execution.

Now at this day come the parties aforesaid by their respective attorneys and thereupon the motion of the plaintiff to strike out the pleas filed on behalf of the defendant in this case in the month of June last is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled and leave is given the plaintiff to file replications to said pleas whereupon it is ordered that the cause to continued until the next term of the Court.

Now at this day come the parties aforesaid by their respective attorneys and thereupon the motion of the plaintiff to strike out the folias filed on behalf of the defendant in this case in the month of June last is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled and leave given the plaintiff to file replications to said plead The plaintiff suggests to the Court here the death of the said defendant Ann Biddle, whereupon the cause is continued.

On motion of the defendant by her attorney and by consent of parties it is ordered that Edward Brooks be and he is hereby substituted as Referee in this cause in the place of Jacob R Stine

Court adjourned until tomorrow morning at nine oclock

Now at this day come the parties aforesaid by their respective Attorneys and thereupon the motion of the said defendant to set aside the verdict rendered in this cause and grant him a new trial is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled.

Now at this day come the parties aforesaid by their respective At- torneys and thereupon the motion of the said plaintiff to set aside the nonsuit rendered in this cause and to grant him a new trial is by them submitted to the Court which being seen heard and fully understood it is ordered by the Court that said motion be overruled.

Now at this day come the parties aforesaid by their respective Attorneys and thereupon the motion of the said defendant to set aside the ver- dict rendered in this cause and grant him a new trial herein is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled._

On motion of the plaintiffs Attorney leave is given him to file reply double to the two special pleas filed by the defendants herein in June last whereupon the said plaintiffs Attorney files two replications to said special pleas.

On motion of the plaintiffs Attorney leave is given him to reply double to the two special pleas filed by the defendant herein in June last where- upon the said plaintiffs Attorney files two replications to said special pleas.

Now at this day come the parties aforesaid by their respective Attorneys and thereupon the motion of the said defendant to set aside the judgment by default and afsefsmentassessment of damages herein and to allow him to plead is by them submitted to the Court which being seen heard and fully under- stodd it is ordered that said motion be overruled.

Now at this day come the parties aforesaid by their respective Attorneys and thereupon the motion of the plaintiff to set aside the verdict in this casue and grant her a new trial herein is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled.

Now at this day come the parties aforesaid by their respective Attorneys and thereupon the motion of the said plaintiff to set aside the verdict rendered in this cause and to grant a new trial is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled.

By consent of parties it is ordered that the motion for a new trial pending in this cause be continued until the next term of the Court.

Cause Continued by consent.

Assumpsit Now at this day comes the defendant by his attorney and files a motion to set aside the verdict and judgment in this case and for a new trial herein and also a motion in arest of the judgment in the cause which motions being seen heard and fully understood it is ordered that they be overruled whereupon the said defendant files a bill of Excep- tions herein

Assumpsit Now at this day comes the defendant by his attorney and files a motion to set aside the verdict and judgment herein and for a new trial is by them and also a motion in arrest of the judgment in the cause, which motions being submitted to the Court and being seen heard and fully understood the Court doth order that said motions be overruled whereupon the defendant files a bill of Exceptions herein

Assumpsit Now at this day come the parties aforesaid by their respec- tive attorneys and thereupon comes also a Jury to wit: William H McKistry, John Burk, William Tighe Joseph McBride, Samuel H Speilman, John F Atlemus, William Mc Manus, James Greshaw Arthur Havaugh, Daniel Loyd, R.P. Todd and Jacob Rudolph twelve good and lawful men who being duly elected tried and sworn the issue within joined between the parties aforesaid well and truly to try and after having the evidence and arguments of Counsel retire to deliberate of their verdict.

Now at this day come the parties aforesaid by their respective attorneys and thereupon the motion of the said garnishee to set aside the judg- ment rendered against said garnishee at the April term of this Court is by them submitted to the court which being submitted seen heard and fully understood it is ordered by the Court that said motion be and the same is hereby overruled.

Suit for freedom Now at this day come the parties aforesaid by their respective attorneys and thereupon all and singular the facts of the case being submitted to the Court on the agreement of the parties herein filed, and being by the Court seen heard and fully understood the Court doth find from the evidence aforesaid that the said defendants are not guilty of the said supposed trespasses above laid to their charge in manners and form as the said plaintiff hath complained against there Therefore it is considered by the Court that the said plaintiff take nothing by her said suit but that the defendants go thereof without day.

Trespass and false imprisonment Now at this day comes the parties aforesaid by their respec tive attorneys and thereupon the plaintiff says that she will not further prosecute her suit against the said defendant Ringrose D Watson but voluntarily suffers the same to be dismissed as to him and the Sheriff having returned the writ issued herein not executed as to the said defendant Amos L Corson therefore it is considered by the Court that the said plaintiff take nothing by her said suit but that the defendants go thereof without day.

The defendant by her attorney this day files four amended pleas herein

attached to the principles of the Constitution of the United States, and well disposed to the good order and happi- ness of the same, and the Court moreover being satisfied that said applicant has taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and he declaring here in open Court upon oath, that he will support the Constitution of the United States, and that he doth absolutely and entirely renounce and abjure forever all allegiance and fidelity to every foreign power Prince State and Sovereignty whatsoever and particularly to Victoria Queen of Great Britain and Ireland of whom he was heretofore a subject therefore the said William R Ryan is admitted a Citizen of the United States of America.

On motion of the defendants by their Attorney leave is given him to file an additional motion and reasons for a new trial herein which are filed accordingly.

Now at this day come the parties aforesaid by their respective At- torneys and thereupon the motion of the said defendant to set aside the verdict rendered in this cause and to grant a new trial is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be and the same is hereby overruled.

Second bill of Exceptions filed.

Petition for Mandamus. Now at this day come the parties aforesaid by their respec- tive Attorneys and thereupon the motion of the said respondent to quash the alternative writ of Mandamus issued in this cause is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be sustained and the alternative writ of Mandamus be and the same is hereby quashed and it is further ordered that the said petitioner pay the costs attending this application and that execution issue therefor.

The plaintiffs by their Attorney this day file a motion for a new trial herein

Now at this day come the parties aforesaid by their respective Attorneys and there- upon the motion of the said defendant to set aside the verdict rendered in this cause, and to grant a new trial is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be sustained on terms to wit that the said defendant pay all the costs in the suit of the present term, and that the cause be tried at the present term of the Court.

Now at this day come the parties aforesaid by their respective Attorneys and thereupon the motion of the by consent of parties it is ordered that the nonsuit heretofore rendered in this cause be and the same is hereby set aside and the cause reinstated for trial.

The defendants by their Attorney this day file a motion and reasons for a new trial herein.

Now at this day come the parties aforesaid by their respective Attorneys and thereupon all and singular the premises pertaining to the demurrer of the petit- ioner to the additional pleas files by the said defendant are by them submitted to the Court which being seen heard and fully understood and it appearing to the Court that the first second and fourth pleas and the matters and things therein contained in man-

Petition on two notes. Now at this day come the parties aforesaid by their respective Attorneys and thereupon neither party requiring a Jury all and singular the premises are by them sub- mitted to the Court, which being seen heard and fully understood the Court doth find as to the issue within joined between said parties that the said defendant doth owe the said sums of money in the said petition mentioned and the Court doth further find that the said defendant is indebted unto the said plaintiff in the sum of Three hundred and forty four Dollars and ninety six cents and that the said plaintiff has sustained damage by reason of the detention of said debt in the sum of Seventy Seven Dollars and fifty eight cents. Therefore it is considered that the said plaintiff recover of the said defendant his debt and damages aforesaid in form aforesaid by the defendant due and owing to the said plaintiff to- gether with his costs and charges in this behalf expended and have thereof execution.

Garnishment on Attachment. Now at this day comes the plaintiff by his Attorney and thereupon comes also a Jury to wit William Blackmore, John Dolman, Edward Chaffin, Hugh McShaw, E.F. Mills, Robert C McCagg George M Chapman, John H Curtis, Charles N Lewis, John H McClelland, Ely Anderson and William J Wise, twelve good and lawful men who being duly elected tried and sworn well and truly to enquire into and assess the indebtedness of the said garnishee to the said defendant upon their oaths aforesaid say that at the time the said garnishee was summoned as such in this cause he was indebted unto the said defendant in the sum of Two hundred and twelve Dollars and fifty cents. Therefore it is considered by the Court that the said plaintiff recover of the said garnishee the sum so as aforesaid found to be due and owing to the said defendant together with his costs and charges in this behalf expended and have thereof execution.

Garnishment on Attachment. Now at this day comes the plaintiff by his Attorney, and thereupon comes also a Jury to wit William Blackman, John Dolman, Edward Chaffin, Hugh McShaw, E.F. Mills, Robert C McCagg, George M Chapman, John H Curtis, Charles N Lewis, John H McClel- land, Ely Anderson and William J Wise twelve good and lawful men who being duly elected tried and sworn well and truly to enquire into and afsefsassess the indebtedness of the said garnishee to the said defendant upon their oaths aforesaid say that at the time the said garnishee was summoned as such in this cause he was indebted unto the said defendant in the sum of Four hundred Dollars. Therefore it is considered by the Court that the said plaintiff recover of the said garnishee the sum so as aforesaid found to be due and owing to the said defendant by the said garnishee together with his costs and charges in this behalf expended and have thereof execution.

Garnishment on Attachment. Now at this day comes the plaintiff by his Attorney and thereupon comes also a Jury to wit: William Blackmore, John Dolman, Edward Chaffin, Hugh McShaw, E.F. Mills, Robert C McCagg, George M Chapman, John H Curtis, Charles N Lewis, John H McClelland, Ely Anderson and William J Wise twelve good and lawful men who being duly elected tried and sworn well and truly to enquire into the indebtednefsindebtedness of the said garnishee to the said defendant upon their oaths aforesaid say that at the time the said garnishee was summoned as such in this cause he was indebted unto the said defendant in the sum of Four hundred and seventy Dollars. Therefore it is considered by the Court that the said plaintiff recover of the said garnishee the sum so as aforesaid found to be due and owing by said garnishee to the said defendant together with his costs and charges in this behalf expended and have thereof execution.

Trespass in the case Now at this day comes the plaintiff by his attorney and says that he could not further prosecute hsi suit in this behalf but voluntarily dis=misses the same at this costs. Therefore it is considered by the Court that the said plaintiff take nothing by his said suit, but that the defendant go thereof without pay and recover of said plaintiff his costs and charges in this behalf expended and have thereof execution

Suit for freedom The Sheriff having made return to the summons issued in this cause that the defendant was not found within his County it is therefore ordered thatthis suit be and the same is hereby dismissed.

Cause Continued by consent.

Cause Continued by consent.

Cause Continued by consent.

Cause Continued by consent.

The plaintiff by his attorney this day files a motion for a newtrial herein

Assumpsit Now at ths day some the parties aforesaid by their respective Attorneys and therefore neither party requiring a Jury all and singularand that the premises are by them submitted to the Court which being seenheard and fully understood the Court doth find as to the issue within joined between said parties that the said defendant did undertake and promise in manner and form as the said plaintiffhas in his said declaration alledged and doth assess the plaintiffs damages by him sustained by reason of the nonperformance of such promises and undertaikings at the sum of Eighty, Two Dollars and twenty, five cents. Therefore if it is considered by the Court that the said Plaintiff re= cover of the said defendant his damages aforesaid in form aforesaid by the Court found and assessedtogether with his costs and charged in this behalf expended and have therof execution.

I acknowledge full and entireSatisfaction of the Judgmentof which this is the Marginthis 14th March 1848. TestIn'/Prdand Clk By Wm. Hunnington D. I am Reynolds Assignee of George Sheuber

Dw $82.25

The defendants by their attorney this day file a motion for a new trial of the issues herein.

Assumpit Now at this day comes the plaintiff by his attorney and the defendant although demanded comes not but makes default nor hath he pleaded to the action aforesaid wherefore said plaintiff night to recoverand it appearing to the Court from the instrument in writing in which this action is founded that the said plaintiff has sustained damage by reason of the nonperformance of such promises and understandings to the sum of Three hundred and nine Dollars and thirty-seven cents. Therefore, it is considered by the court that the said plaintiff recover of the said defended his damages aforesaid in form aforesaid by the Court assessed together with his costs and charges in this behalf expended and have thereof execution.

Debt $145.00 see below

Debt on judgment Now at this day comes the plaintiff by his attorney and the defendant also comes and withdraws the plea filed by him herein and says that he cannot deny the action aforesaid of the said plaintiff nor but that he is indebted unto him in the sum of One hundred and Seventy five Dollars for which seen he confesses judgment. Therefore it is considered by the Court that the said plaintiff recover of the said defendant the debt aforesaid in form aforesaid confessed together with his costs and charges in this behalf expected and have thereof execution and the said plaintiff acknowledges to have recieved the said sum of One hundred and Seventy five Dollars in satisfaction of the judgment aforesaid the costs remaining unpaid.

Now at this day comes the defendant by his attorney and prays the Court for an appeal from the judgment herein rendered against him to the Supreme Court and files his affidavit therefor as required by law whereupon an appeal is granted him accordingly and the said Montgommery Blair as principal and Thomas Tasker Garett and Robert Campbell as sureties severally acknowledge themselves to be indebted unto the said plaintiff in the sum of Twenty five hundred Dollars to be void of the appellant will prosecute the appeal now taken with due diligence to a decission in the Supreme Court and that if the judgment appealed from is affirmed or the appeal dismissed the appellant will pay whatever of debt damages and costs have been recovered against said appellant by the judg- ment of the Circuit Court together with the interest that shall grow due therein or will otherwise perform the judgment of the Circuit Court and pay all costs and damages that may be adjudged against said appellant in the Supreme Court upon this appeal otherwise to remain in full force and effect.

Now at this day comes the defendant by his attorney and prays the Court for an appeal from the judgment herein rendered against him to the Supreme Court and files his affidavit therefor as required by law whereupon an appeal is granted him accordingly and the said William Milburn as principal and John H Baldwin and Elias B Smith as sureties severally acknowledge themselves indebted unto the plaintiffs in the sum of Fifteen hundred Dollars to be void if the appellant will prosecute the appeal now taken with due diligence to a decision in the Supreme Court and that if the judgment appealed from is affirmed or the appeal dismissed the appellant will pray whatever of debt damages and costs have been recovered against said appellant by the judgment of the Circuit Court together with the interest that shall grow due thereon or will otherwise perform the judgment of the Circuit Court and pay all costs and damages that way be ad- judged against said appellant in the Supreme Court upon this appeal otherwise to retain in full force and effect.

William Milburn Esquire Sheriff of the County of St Louis acknowledges the execution of a deed by him as Sheriff as aforesaid in favor of Lawmentius M Eiler of all the right title interest claim estate and property of the said Charles J.S. Bright Thomas Page and others of and to the following described real estate to wit "a lot of ground lying in the now City of St Louis and being the worth half of block number fifty eight containing one hundred and twenty feet french measure an Church street running with the same width westwardly to Third street three hundred feet freely measure bounded east by Church street, north by Walnut street, west by third street, and South by the Southern half of the same block sold in virtue and by authority of are order of sale made by the St Louis Court of Common Pleas in the 16th March 1844 in the petition for partition wherein Charles J S Bright and others were plaintiffs and Richard Graham and others were defendants.

At a Circuit Court begun and held at the City of St Louis within and for the County of St Louis on the third Monday of April being the twentieth day of said month in the year of our Lord One thousand eight hundred and forty six were present The Honorable John M Krum Judge, William Milburn Esquire Sheriff and John Ruland Clerk.

Appeal from Justice Now at this day comes Adam Beatty Esquire Attorney for the said plaintiff and enters his appearance herein.

Appeal from Justice Now at this day comes charles R Rhodes Esquire Attorney for the said plaintiff and enters his apperance herein.

Appeal from Justice Now at this day comes Charles R Rhodes Esquire Attorney for the said plaintiff and enters his appearance herein.

Appeal from Justice Now at this day comes Henry N Hart Esquire Attorney for the said plaintiff and enters his appearance herein.

Appeal from Justice Now at this day comes Henry N Hart Esquire Attorney for the said plaintiff and enters his appearance herein.

Appeal from Justice Now at this day comes Henry N Hart Esquire Attorney for the said plaintiff and enters his appearance herein.

Appeal from Justice Now at this day comes Henry N Hart Esquire Attorney for the said plaintiff and enters his appearance herein.

Appeal from Justice Now at this day comes A.M. Gardner Esquire Attorney for the said plaintiff and enters his appearance herein.

Appeal from Justice. Now at this day comes A.M. Garndner Esquire Attorney for the said plaintiffs and enters their appearance herein.

Appeal from Justice. Now at this day comes C.S. Rannells Esquire Attorney for the said plaintiff and enters his appearance herein.

Plea filed.

Plea filed.

AfsumpsitAssumpsit Now at this day come the plaintiffs by their Attorney, and file the proof of the publication of the order made in this cause, and the said defendant although duly notified by such publication of the pendency of this suit, and although demanded comes not but makes default nor doth he plead to the action aforesaid wherefore said plaintiffs ought to recover against him, and it appearing to the Court from the instrument in writing on which this action is founded that the said plaintiffs have sustained damage by reason of the nonperformance of the promises and underta- kings in their declaration mentioned at the sum of Eleven hundred and ninety four Dollars and four cents Therefore it is considered by the Court that the said plaintiffs recover of the said defendant their damages aforesaid in form aforesaid by the Court found and afsefsedassessed together with their costs and charges in this behalf expended and have thereof execution against the property attached at the commencement of this suit

AfsumpsitAssumpsit. Now at this day come the plaintiffs by their Attorney, and proves to the satisfaction of the Court that the order of pub- lication hereinbefore made in this cause has been duly published according to law, the proof whereof is herein filed, and the said defendant although demanded and duly notified by publication of the pendency of this suit comes not but makes default, nor hath he pleaded to the action aforesaid wherefore said plaintiffs ought to recover against him, but because it is unknown to the Court what damage the plaintiffs have sustained by reason of the nonperformance of the premises and undertakings in their declaration mentioned it is ordered that enquiry thereof be made at the present term of the Court.

Afsumpsit Assumpsit Now at this day comes the plaintiff by his Attorney and the defendant although demanded comes not but makes default nor hath he pleaded to the ac- tion aforesaid wherefore said plaintiff ought to recover against him but and it appearing to the Court from the instrument in writing on which this action is founded that the said plaintiffs haves sustained damage by reason of the nonperformance of the promises and undertakings in his declaration mentioned to the sum of Three hundred and twenty one Dollars and eighty two cents. Therefore it is considered by the Court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the Court found and afsefsedassessed together with his costs and charges herein about his suit in this behalf expended and have thereof execution.

Petition for Partition. Now at this day comes the petitioner by his Attorney, and proves to the satisfaction of the Court that the order of publication hereinbefore made in this cause has been duly published ac- cording to law, which proof is herein filed and the said defendants Malinda Roane, William Roane, Robert Roane, Emily Roane and Joseph Roane although duly notified of the pendency of said suit and demanded come not but make default nor have their in any manner answered said petition wherefore judgment of partition ought to be rendered in the premises whereupon the Court doth proceed to ascertain and declare the respective rights and interests of said parties petitioner and defendants in and to the premises in the petition mentioned and described and doth declare them to be as follows to wit, that the said petitioner John Carter is entitled to the one equal undivided moiety or half part of the lot of land in the said petition mentioned, and that the said defendants Malinda Roane William Roane, Robert Roance, Emily Roane, and Joseph Roance are each entitled to the one equal undivided fifth part of the remaining moiety of half part of said lot or each to the one equal undivided tenth part of said lot of land and the Court doth further declare that the interest of the said Malinda Roance in said lot of land is subject to the payment of a promisory note dated the thir- tieth day of January eighteen hundred and forty five with the interest thereon from its date at

Plea filed

Plea filed

Plea filed

Plea filed

Plea filed

Plea filed

Plea filed

three pleas filed

The defendant by their attorney file a plea in the nature of a plea in abatement herein denying the truth of the plaintiffs affidavit

Plea filed

Plea filed

The defendant by his attorney this day files a demurrer to the declaration herein.

Now at this day come the plaintiffs by their attorney and the defendants by G.B. Lord Esquire their attorney in fact who produces to the Court here and files a power of attorney to that effect duly proven also comes and says that they cannot deny the action aforesaid of that said plaintiffs nor but that they did undertake and promise in manner and form as the said plaintiffs have in their declaration alleged nor but that said plaintiffs have sustained damage by reason of the nonperformance of such promises and undertaking at the sum of Two thousand seven hundred and nineteen Dollars and seventy seven cents for which sum they confess judgment. Therefore it is considered by the Court that the said plaintiffs recover of the said defendants their damages afore- said in form aforesaid by the defendants confessed together with their costs and charges in this be- half expended and have thereof execution

Now at this day come the plaintiffs by their attorney and the defendants by L.B. Lord Esquire their attorney in fact so produces to the Court here and files a power of at- torney to that effect duly proven also come and say that they cannot deny the action of the said plaintiffs nor but that they did undertake and promise in manner and form as the said plaintiffs have in their declaration alleged nor but that said plaintiffs have sustained damage by reason of the nonperformance of such promises and undertaking at the sum of nine thousand and three hundred and fifty one Dollars and seventy seven cents for which sum they confess judgment. Therefore it is considered by the Court that they said plaintiff recover of the said defendants their damages aforesaid in form aforesaid confessed together with their costs same charges in this behalf expended and have thereof execution.

being seen heard and fully understood it is ordered that said motion be sustained and that the verdict herein entered be and the same is hereby set aside and a new trial awarded said defendants.

On motion of the defendant by his Attorney it is ordered that the plaintiff furnish him with the particulars of the demands upon which this action is founded.

On motion of the defendant by his Attorney it is ordered that the plaintiff furnish him with the particulars of the demand upon which this action is founded.

On motion of the defendant by his Attorney it is ordered that the plaintiff furnish him with the particulars of the demands upon which this action is founded.

On motion of the plaintiff by her Attorney an appeal is granted her from the judgment herein rendered to the Supreme Court.

Now at this day comes the plaintiff by his Attorney and thereupon the motion of the said defendant for a rule on the plaintiff to give security for costs herein is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled and on motion fo the said plaintiff by his Attorney leave is given him to amend the declaration herein by substituting the name "James" for "John" in the name of the plaintiff wherever the same occurs throughout the declaration.

Now at this day come the parties aforesaid by their respective Attorneys and thereupon the motion of the said John Bunding for an order upon William Milburn Sheriff of St Louis County to pay to him a proportional part of the proceeds of the sale of certain real estate of the defendant made under two executions in favor of Elizabeth Kusack and one in favor of the said John Bunding all against the said Hiram V Miller is by them submitted to the Court which motion being submitted to the Court and being seen heard and fully understood it is ordered that said motion be overruled at the costs of the said John Bunding and that execution ifsueissue therefor and the said John Bunding files a motion for a rehearing of the said motion made by him as aforesaid which motion is by the Court also overruled.

On motion of the defendant by his Attorney it is ordered that the plaintiffs furnish him with the particulars of the demand upon which this action is founded.

On note filed. Now at this day comes the plaintiff by his Attorney and files the note of the said defendant, and thereupon comes also the said defendant in his proper person and says that he confesses himself indebted upon said note to the said plain- tiff in the sum of Five hundred Dollars, and consents that judgment for said sum be rendered against him. It is therefore considered by the Court that the said plaintiff recover of the said defendant his debt aforesaid in form aforesaid confessed together with his costs and charges in this behalf ex- pended and ahve thereof execution.

Hardge Lane who is personally known to the Court comes into Court and acknowledges the exe- cution by him of two several powers of Attorney one to J Biddle Wilkinson and the other to John Seven.

Petition for Partition. Now at this day comes the petitioner by his Attorney and the said defendant although duly served with a copy of said petition and demanded comes not but makes default, nor hath she pleaded to the action aforesaid wherefore judgment of partition ought to be rendered against it whereupon all and singular the premises are by submitted to the Court which being seen heard and fully understood the Court doth find that the said petitioner is entitled to the one equal undivided forty second part of the property hereinafter mentioned and that the said defendant The City of St Louis is entitled to the remaining forty one, forty second part of said property which in said petition is described as follows to wit "A certain block of ground in the City of St Louis being block number seven on the plat of said City bounded West by Main street, north by market square, east by Front street and south by Walnut street. It is therefore considered by the Court that partition of said premises be made between said parties according to their respective rights and interests as herein before ascertained and determined by the Court quantity and quality relatively considered and Archibald Gamble, Joseph S Pease and Henry Von Phul three respectable freeholders resident of the County of St Louis where the property to be divided is situate are hereby appointed CommifsionersCommissioners to make such partition according to the order and judgment of this Court and they are ordered to make report of their proceedings under this order to the Court without delay.

Now at this day come John B Hortiz and David Des Islet and file and acknowledge a report of their proceedings herein.

It is ordered by the court the Judge of this Court having been of counsel for the said parties that the venue of this cause be changed to the St Louis Court of Common Pleas.

Court adjourned until tomorrow morning at nine oclock.

Court met pursuant to adjournment Present as before.

. . .Cause Continued.

. . .Cause Continued.

. . . .Cause Continued.

. . .Cause Continued.

.Cause Continued.

of an execution ifsuedissued from the office of the Clerk of the St Louis Circuit Court returnable to the April Term 1846 of said Court in favor of George Lich against the said Louis Engle.

The defendant by his Attorney this day files sixteen pleas herein.

Robert M Hanna and Jacob Cooper two credible witnefseswitnesses come into Court and being duly examined upon their oaths prove the execution of a deed of emancipation from Thomas J Mason to Martin Griffin a negro boy aged about thirty five years.

It appearing to the Court that Augustus W Leurs has been regularly licensed to practice Law in the several Courts of this State and on motion of Trusten Polk Esquire it is ordered that he be admitted to and enrolled as a member of this Bar.

Cause Continued.

Cause Continued

Cause Continued and the foregoing causes continued as on affidavit at the costs of the said defendants on account of the absence of Christopher Rhodes.

. . .Cause Continued.

. . .Cause Continued.

Cause Continued.

. . . .Cause Continued.

. .Cause Continued.

. . . .Cause Continued.

. . . .Cause Continued.

. . Cause Continued.

. Cause Continued.

. . .Cause Continued at plaintiffs costs

Peter Blaugour a native of HefseHesse Daarmstaadt who applies to be admitted a Citizen of the United States comes and proves to the satisfaction of the Court that he has resided in the United States for at least five years and in the State of MifsouriMissouri at least one year immediately preceding this application during which time he has conducted himself as a man of good moral character attached to the principles of the Constitu- tion of the United States and well disposed to the good order and happiness of the same, and the Court more- over being satisfied that said applicant has taken the preparatory steps required by the laws of the United X States concerning the naturalization of foreigners and he declaring here in open Court upon oath that he will support the Constitution of the United States and that he doth entirely and absolutely renounce and abjure forever all allegiance and fidelity to every foreign power prince State and Sovereignty whatsoever and particularly to the Grand Duke of HefseHesse Daamstaadt of whom he was heretofore a subject therefore the said Peter Blaugour is admitted a Citizen of the United States of America.

Trespass on the case. Now at this day come the parties aforesaid by their respective Attorneys and thereupon comes also a Jury to wit William F Enders, J.B. Girard, George Keys, S.C. Fogus, J.C. Abbott, R.H. Westcott, Benjamin F Watkins, James Fox Childs, B.W. Ayres, James Roal, and Elliott Lee twelve good and lawful men who being duly empannelled tried and sworn the ifsueissue within joined between the parties aforesaid well and truly to try, and thereupon the plaintiff says that he will not further prosecute his suit in this behalf. Therefore it is considered by the Court that the plaintiff take nothing by his said suit but that the defendant go thereof without day and recover of said plaintiff its costs and charges in this behalf expended and have thereof Execution.

Detinue: Now at this day come the parties aforesaid by their respective Attorneys and the Jurors empannelled in the cause also come and by their foreman say that they are unable to agree upon a verdict herein whereupon it is or- dered by the Court that the Jurors be discharged from the further consideration of the case and the cause con- tinued until the next term of the Court.

The appellant by his Attorney files a motion to set aside the entry of nolle pros- equi of the plaintiff and to dismifsdismiss the appeal herein aforesaid

Now at this day comes James S Signiago by his Attorney and files a motion to quash the fee bill ifsuedissued in this cause against him for reasons filed.

The said defendant this day files his answer to the alternative mandamus ifsuedissued against him.

Court adjourned until tomorrday morning at nine o'clock A.M. John M Krum

Court met pursuant to adjournment. Present as before

William Milburn Esquire Sheriff of the County of St Louis acknowledges the execution of a deed by him as Sheriff as aforesaid to James Connell of all the right title interest claim estate and property of Thomas Withinton and others of in and to the following described real estate to wit lot number 9 nine containing one hundred and fifty feet front in St Charles street and running back one hundred and fifty feet situated in what has heretofore been known as "Owens station" now all "Bridgetown" in said County of St Louis "sold in virtue and by authority of an order of sale made by the St Louis Circuit Court on the 5th day of September 1844 in a petition for partition wherein the said Thomas Withinton and others were petitioners.

Debt. There having been no service of process in this cause upon the said defendant it is therefore ordered that this suit be dismifseddismissed at the costs of the said plaintiff and that execution ifsueissue therefor.

Cause Continued at the costs of the plaintiffs.

Cause Continued by consent.

Cause Continued at the costs of the plaintiffs.

Affidavit for continuance filed and Cause Continued at the costs of the defendants.

Cause Continued at the costs of the plaintiff.

Cause Continued. _

Cause Continued.

Cause Continued at the costs of the plaintiff.

Cause Continued at the costs of the plaintiff. _

Cause Continued on the oral affidavit of the de- fendant at his costs on account of the absence of the testimony of Benjamin F McKinney.

Debt. Now at this day come the parties aforesaid by their respective Attorneys and the de- fendant withdraws the plea filed by him herein and says that he cannot deny the action aforesaid of the said plaintiff, nor but that he is indebted unto him in the sum of One hundred and ninety nine Dollars and eighty cents for which sum he confesses judgment Therefore it is considered by the Court that the said plaintiff recover of the said defendant the debt aforesaid in form aforesaid confessed together with his costs and charges in this behalf expended and have thereof execution

And thereupon the said plaintiff says that he remits unto the said defendant the sum of One hundred and forty nine Dollars and eighty cents part and parcel of the foregoing judgment. wherefore it is considered by the said sum so remitted be discharged and that execution ifsueissue for the balance of said judgment to wit the sum of Fifty Dollars.

The said garnishee by his Attorney this day files his answer to the allegations and interrogatories exhibited against him.

Debt Now at this day come the defendants by the their Attorney and the plaintiff although demanded comes not but makes default, nor doth she prosecute her suit in this behalf with effect wherefore said defendants

ought to recover against her. Therefore it is considered by the Court that the said plaintiff take nothing by her said suit, but that the defendants go thereof without day and recover of said plaintiff their costs and charges in this behalf expended and have thereof execution.

Trespass. Now at this day comes the defendant by his Attorney, and the defendant plaintiff although demanded comes not but make default nor doth he prosecute hiser suit in this behalf with effect wherefore said defendant ought to recover against her. Therefore it is considered by the Court that the said plaintiff take nothing by her said suit but that the defendant go thereof without day.

...Cause Continued.

...Cause Continued.

Petition for freedome. Now at this day come the parties aforesaid by their respective Attorneys and thereupon comes also a Jury to wit James Fountain John S Graham, James Knight, William B Emmitt, Abram C Hull Leroy Laugdon, James Sullivan, James A Reed, J.W. Ounigs, Arthuer Kavannah, David Grant and John M Cannon twelve good and lawful men who being duly elected tried and sworng the ifsueissue within joined between the parties aforesaid well and truly to try, and after hearing the evidence and arguments of Counsel retire to deliberate of and concerning their verdict herein.

Petition on note. Now at this day come again the parties aforesaid by their respective Attorneys and the Jurors of the Jury empannelled in the cause also come, and the evidence in the cause being closed and after hearing the arguments of Counsel the Jury retire to consider of their verdict herein.

Appeal from the Probate Court. Now at this day come the parties aforesaid by their respective At- torneys and file an agreed case herein and submit all and singular the matters in controversy between the said parties to the Court which being seen heard and fully understood the Court is of opinion and doth adjudge that the allowance by the Probate Judge of the demand against the estate of the said William D Barrett be and the same is hereby affirmed and it is further ordered by the Court that the said appellees recover of the said appellant their costs and charges in this behalf expended and have thereof execution.

Court adjourned until tomorrow morning at nine o'clock

Cause Continued.

Cause Continued.

Cause Continued.

Affidavit filed on account of the absence of Cause Continued as on Ranking at the costs of the defendant.

Cause Continued.

Cause Continued.

Cause Continued.

Cause Continued.

Cause Continued.

Cause Continued.

Cause Continued.

Petition for freedom Now at this day come again the parties aforesaid by their respective Attorneys and the Jurors aforesaid say that they are unable to agree upon a verdict whereupon it is ordered by the Court that they be discharged from the further consideration of said case and the cause continued until the next term of the Court.

Petition note And now at this day come again the parties aforesaid by their re- spective Attorneys and the Jurors empannelled in the cause also come and say that they are unable to agree upon a verdict whereupon it is ordered by the Court that they be discharged from the further consideration of said cause and the cause Continued until the next term of this Court.

Richard Hayes a native of Upper Canada who applies to be admitted a Citizen of the United States comes and proves to the satisfaction of the Court that he has resided in the United States for at least five years and in the State of Missouri at least one year immediately preceding this application during which time he has conducted himself as a man of good moral character attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same, and the Court moreover being satisfied that said appli- cant has taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and he declaring here in open Court upon oath that he will support the Constitution of the United States, and that he doth entirely and absolutely renounce and abjure forever all allegiance and fidelity to every foreign Prince State and Sovereignty what- soever and particularly to Victoria Queen of Great Britain and Ireland of whom he was hereto- fore a subject, therefore the said Richard Hayes is admitted a Citizen of the United States of America.

the said defendant their damages aforesaid in form aforesaid by the defendant confessed together with their costs and charges in this behalf expended, and have thereof execution.

A Petition on Note Now at this day come the plaintiffs by their Attorney and file their petition herein and the said defen- dant by John R Shepley his Attorney in fact who produces to the Court here, and files a power of Attorney to that effect duly proven also comes and says that he cannot deny the action aforesaid of the said plaintiffs, nor but that he is indebted unto them in the sum of One thousand seven hundred and thirty Dollars and three cents, nor but that the plaintiffs have sustained damage by reason of the detention of said debt in the sum of Twenty three Dollars and twenty nine cents for which sum he confesses judgment. Therefore it is considered by the Court that the said plaintiffs recover of the said defendant their debt and damages aforesaid in form aforesaid confessed together with their costs and charges in this behalf expended and have thereof execution.

The defendant by his Attorney this day files a motion to dismiss this action, and also a plea herein.

The defendant by his Attorney this day files a motion to dismiss this action and reasons in support thereof, and also a plea herein._

The defendant by his Attorney this day files a motion for a rule on the plaintiff to furnish security for the costs herein and plea.

The defendant by her Attorney this day files a plea herein.

AfsumpsitAssumpsit Now at this day comes the plaintiff by his Attorney, and the de- fendant although demanded comes not but makes default nor hath he pleaded to the action aforesaid wherefore said plaintiff ought to recover against him, and it appearing to the Court from the instrument in writing on which this action is founded that the said plaintiff has sustained damage by reason of the nonperformance of the promises and undertakings in his declaration mentioned in the sum of One hundred and fifty four Dollars and twelve cents. Therefore it is considered by the Court that the plaintiff recover of the defendant his damages afore- said in form aforesaid afsefsedassessed together with his costs and charges in this behalf expended and have thereof execution.

William Milburn Esquire late Sheriff of the County of St Louis comes into here, and being personally known to the Court acknowledges the execution of a deed by him as Sheriff as aforesaid to Alexander Kayser of all the right title interest claim estate and property of Andrew J Randall and others of in and to the following described real estate to wit. A lot in block 135 in the City of St Louis described and bounded as follows beginning at a point on the east side of Seventh street forty seven feet eight inches South of Myrtle street, and running thence towards Sixth street, one hundred and seventy seven feet to an alley, thence Southwardly with the alley thirty five feet, thence parallel

Now at this day come the parties aforesaid by their respective At- torneys and thereupon all and singular the premises pertaining to the exceptions of the defendant to the depositions of the Complainant is by them submitted to the Court which being seen heard and fully understood by the Court it is ordered that the same be overruled.

AfsumpsitAssumpsit. Now at this day comes the plaintiff by his Attorney and says that he will not further prosecute his suit in this behalf but voluntarily suffers the same to be dismifseddismissed at his costs It is therefore considered by the Court that the said plaintiff take nothing by his said suit but that the defendant go thereof without day, and recover of said plaintiff his costs and charges in this behalf expended and have thereof execution._

Trespass Now at this day comes the plaintiff by her Attorney and says that she will not further prosecute her suit in this behalf but voluntarily suffers the same to be dismifseddismissed. It is therefore considered by the Court that the plaintiff take nothing by her said suit but that the defen- -dant go thereof without day.

The plaintiff by his Attorney this day files a motion that the defendant be compelled to elect by which of his pleas he will abide, and that inconsistent pleas be stricken out.

Now at this day come the parties aforesaid by their respective At- torneys and thereupon the motion of the defendant to dismifsdismiss this suit is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled.

x Rene Paul who is personally known to the Judge of the Court comes into Court and acknowledges the acknowledgement of execution of a deed of emancipation by him to Mahala a slave for life._

Now at this day comes the plaintiff by his Attorney and files his affi- davit and moves the Court for a continuance of this cause for the reasons stated in his said affidavit to the next term of this Court which motiong being submitted to the Court and being seen heard and fully understood it is ordered that said motion be overruled.

On motion of the defendant by his Attorney it is ordered that of the instrument sued upon in this action be allowed him.

Court adjourned until Monday morning at ten oclock _

The said garnishee by his Attorney this day files a motion for leave to file his amended answer to the allegations and interrogatories exhibited against him and an affidavit in support of said motion. _

Ramsay C Jones who is proven to the Court by the evidence of A.P. Field and Horatio Moore, and acknowledges the execution of a deed of emancipation by him to Louis Jones a man slave about thirty one years of age, of a light mullatto complexion about five feet eleven inches in heighth.

Now at this day come the plaintiffs by their At- -torney, and file an affidavit, and moves the Court for a continuance of this cause until the next term of the Court which application being submitted to the Court and being seen heard and fully understood it is ordered that the same be overruled.

Now at this day comes the plaintiff by his Attorney and suggests to the Court here the death of the said defendant which suggestion is not denied by admitted to be true, and thereupon Adolph Paul the ad- ministrator with the will annexed of the said deceased by his Attorney also come, and enters his appearance as defendant in this suit, whereupon the said parties file an agreement that this suit do stand & abide the final judgment and decision of the Supreme Court of the State of MifsouriMissouri in the cause of Pierre vs Gabriel S Chouteau or Charlotte vs Gabriel S Chouteau.

Debt. Now at this day comes the plaintiff by his Attorney, and the defendant although demanded comes not but makes default nor hath he pleaded to the action aforesaid wherefore said plaintiff ought to recover against him, and it appearing to the Court from the instrument of writing on which this action is founded that the said defendant is indebted unto the said plaintiff in the sum of Five hundred Dollars, and that the plaintiff has sustained damage by reason of the detention of said debt in the sum of Three hundred and six Dollars and sixteen cents. Therefore it is considered by the Court that the said plaintiff recover of the said defendant his debt and damages aforesaid in form aforesaid by the Court afsefsedassessed together with his costs and charges in this behalf expended, and have thereof execution

Sheriffs Report of Sale filed.

The plaintiff by his Attorney this day files an additional reason in support of the motion heretofore filed by him to suppress the deposition filed by the defendant in this cause.

AfsumpsitAssumpsit. Now at this day comes the plaintiff by his At- torney, and the said defendant Cyrus G Hoit by his Attorney also comes and thereupon comes also a Jury to wit Horatio Moore, Henry W Priess, William Cosce, William K Wilson, James H White, Samuel Tilford, Jonathan A Ross, J.J. Montgomery, William

Assumpsit Now at this day come the parties aforesaid by their respective attorneys and the Jurors of the Jury em- pannelled in the cause also come and say that the said defendant did undertake and promise in manner and form as the said plaintiff has in his declaration alleged and they do afsefsassess the plaintiffs damages by him sustained by reason of the nonperformance of the promises and undertakings at the sum of Nine hundred and thirty seven Dollars and ninety cents. Therefore it is considered by the Court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the Jury found and afsefsedassessed together with his costs and charges in this behalf expended and have thereof execution. The defendant by its attorney this day files a motion to set aside the verdict rendered in this cause and to grant a new trial for reasons filed.

On motion of the defendants by their attorney it is ordered that the plaintiff file good and sufficient security for the costs herein within two days after service of a copy of this order

Assumpsit Now at this day come the plaintiffs by their attorney and the defendants although demanded come not but make default nor have they pleaded to the action aforesaid wherefore said plaintiffs ought to recover against them but because it is unknown to the Court what damage the plaintiffs have sustained by reason of the nonperformance of the promises and undertakings in their declaration mentioned it is ordered that company thereof be made at the present term of the Court

The defendant by his attorney this day files a motion to set aside the verdict in this cause

Now at this day come the parties aforesaid by their respective attorneys and thereupon the motion of the said garnishees to set aside the judgment rendered against them on their recover is by them submitted to the Court which being seen heard and fully understood it is ordered by the Court that said motion be overruled whereupon the said garnishees file a bill of Exceptions herein.

Trespass Now at this day comes the plaintiff by her attorney and says that she will not further prosecute her suit in this behalf but voluntarily suffers the same to be dismissed and therefore it is considered by the Court that the said plaintiff take nothing by her said suit but that the de- fendant go thereof without day

Plea filed

Plea filed

Cause Continued by agreement.

Trespass Now at this day come the defendants by their Attorney and the plaintiffs although demanded comes not but makes default, nor doth he further prosecute his suit in this behalf wherefore said defendants ought to recover against him. Therefore it is considered by the Court that the plaintiff take nothing by his said suit, but that the defendants go thereof without day, and recover of said plaintiff their costs and charges in this behalf expended, and have thereof execution.

Ejectment. Now at this day comes the defendant by his Attorney, and the plaintiff although demanded comes not but makes default nor doth he further prosecute his suit in this behalf, wherefore the defendant ought to recover against him. Therefore it is considered by the Court that the plaintiff take nothing by his said suit, but that the defendant go thereof without day, and recover of said plaintiff his costs and charges in this behalf expended, and have thereof execution

Trespass Now at this day come the defendants by their Attorney, and the plaintiff although demanded comes not but makes default nor doth he prosecute his suit in this behalf with effect wherefore said defendants ought to recover against him. Therefore it is considered by the Court that the plaintiff take nothing by his said suit, but that defendants go thereof without day.

Case Now at this day comes the plaintiff by his Attorney and says that he will not further prosecute his suit in this behalf but voluntarily suffers the same to be dismifseddismissed at his costs. Therefore it is considered by the Court that the plaintiff take nothing by his said suit, but that the defendant go thereof without day, and recover of said plaintiff his costs and charges in this behalf ex- -pended, and have thereof execution.

Replevin. Now at this day comes the plaintiff by his Attorney, and says that he will not further prosecute his suit in this behalf but voluntarily suffers the same to be dismifseddismissed at his costs. Therefore it is considered by the Court that the said plaintiff take nothing by his said suit, but that the defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof execution

Scire facias to revive judgment. The Sheriff having returned the writ execu ifsuedissued herein not served upon the said defendant. It is therefore considered by the Court that the same be dismifseddismissed at the costs of the said plaintiff, and that execution ifsueissue therefore.

Replevin. Now at this day come the parties aforesaid by their respective At- -torneys and file an agreement herein stipulating that this cause be dismifseddismissed at the costs of the plaintiff. Therefore it is considered by the Court that the plaintiffdefendants recover of the defendantsplaintiff their costs and charges in this behalf expended and have thereof execution

Thursday December 17th 1846 Court met pursuant to adjournment. Present as before.

Afsmupsitassumpsit Now at this day comes the plaintiff by his attorney and there- upon files his declaration herein and the said defendant by David C Briggs his attorney in fact who produces to the Court here and files a power of attorney to that effect duly preview also comes and says that he cannot deny but that he did undertake and promise in manner and form as the plaintiff has in his declaration alleged nor but that the plaintiff hath sustained damage by reason of the nonperformance of whose promises and undertakings in the sum of Nine hundred and fifty one Dollars and twenty five cents for which sum he confesses judgment. Therefore it is considered by the Court that the plaintiff recover of the defendant his damages aforesaid in form aforesaid confessed together with his costs and charges in this behalf expended and have thereof execution.

Assumpsit Now at this day come the plaintiffs by their attorney and say that they will not further prosecute their suit in this behalf but voluntarily suffer the same to be dismissed at their costs. to be dismissed Therefore it is considered by the Court that the plaintiff take nothing by their said suit but that the defendant go thereof without day and recover of the plaintiffs their costs and charges in this behalf expended and have thereof execution.

Trespass Now at this day comes the plaintiff in her proper person and says that she will not further prosecute her suit in this behalf but voluntarily suffers the same to be dismifseddismissed at her costs. Therefore it is considered by the Court that the plaintiff take nothing by her said suit but that the defendant go thereof without day and recover of the plaintiff his costs and charges in this behalf expended and have thereof execution.

Trespass Now at this day come again the parties aforesaid by their respective attorneys and the Jurors en- parralled in the cause also come and the trial being concluded the Jurors say that the said defendant James Russell is guilty of the said trespasses above laid to his charge in man- -ner and form as the plaintiff has in his declaration alleged against him and that the said other defendants are not guilty in manner and form as aforesaid and they afsefsassess the plaintiffs damages by him sustained by reason of the said trespass in the sum of One Dollar. Therefore it is considered by the Court that the said plaintiff recover of the said James Russell his damages aforesaid in form aforesaid by the Jury afsefsedassessed together with his costs and charges in this behalf expended and have thereof execution.

Court met pursuant to adjournment. Present as before.

Trespass. Now at this day come the parties aforesaid by their respective Attorneys, and by agreement of parties herein filed it is ordered that judgment be entered herein in favor of the plaintiff, and that the plaintiff pay the costs herein. There- fore it is considered by the Court that the said plaintiff be liberated and entirely set free from the said defendant, and all persons claiming under him, by title derived after the commencement of this suit, and that the plaintiff pay the costs of this suit. _

Trespass. Now at this day come the parties aforesaid by their respective Attorneys, and by agreement of parties herein filed it is ordered that judgment be rendered herein in favor of the plaintiff, and that the plaintiff pay the costs herein. Therefore it is considered by the Court that the said plaintiff be liberated and entirely set free from the said defendant and all persons claiming under him, by title derived after the commencement of this suit, and that the plaintiff pay the costs of this suit._

Trespass. Now at this day come the parties aforesaid by their re- spective Attorneys, and by agreement of parties herein filed it is ordered that judgment be rendered herein in favor of the plaintiff and that the plaintiff pay the costs herein. Therefore it is considered by the Court that the said plaintiff be liberated and entirely set free from the said defendant and all persons claiming under him, by title derived after the commencement of this suit, and that the plaintiff pay the costs of this suit.

Trespass. Now at this day come the parties aforesaid by their re- spective Attorneys, and by agreement of parties herein it is ordered that judgment be rendered herein in favor of the plaintiff, and that the plaintiff pay the costs herein. Therefore it is considered by the Court that the said plaintiff be liberated and entirely set free from the said defendant, and all persons claiming under him by title derived after the commencement of this suit, and that the plaintiff pay the costs of this suit.

Trespass. Now at this day come the parties aforesaid by their respective Attorneys, and by agreement of parties herein it is ordered that judgment be rendered herein in favor of the plaintiff, and that the plaintiff pay the costs herein. Therefore it is considered by the Court that the said plaintiff be liberated and entirely set free from the said defendant

and all persons claiming under him, by title derived after the commencement of this suit, and that the plaintiff pay the costs herein.

Trespass. Now at this day come the parties aforesaid by their respec- tive Attorneys, and by agreement of parties herein filed it is ordered, that judgment be rendered herein in favor of the plaintiff, and that the plaintiff pay the costs herein. Therefore it is considered by the Court that the said plaintiff be liberated and entirely set free from the said defendant and all persons claiming under him by title derived after the commencement of this suit, and that the plaintiff pay the costs of this suit.

Trespass. Now at this day come the parties aforesaid by their respective Attor- neys, and by agreement of parties herein filed it is ordered that judgment be rendered herein in favor of the plaintiff, and that the plaintiff pay the costs herein. Therefore it is considered by the Court that the said plaintiff be liberated and entirely set free from the said defendant, and all persons claiming under him by title derived after the commencement of this suit, and that the plaintiff pay the costs of this suit.

Affidavit filed & Cause Continued upon affidavit on account of the absence of Hugh L Rogers at the costs of the plaintiff

Covenant. Now at this day come the parties aforesaid by their respective Attorneys, and the Jurors empannelled in the cause also come, and further evidence in the cause is heard, but not being concluded, the cause is laid over until tomorrow morning.

Court adjourned until tomorrow morning at Nine oclock.

Court met pursuant to adjournment. Present as before.

Garnishment on Attachment Now at this day come the said garnishees by their Attorney, and upon motion the plaintiffs having failed to exhibit allegations and interrog- atories to such garnishees it is ordered that they be discharged from all liability and demand under and by virtue of such garnishment at the costs of the plaintiff.

plaintiff recover of the defendant his damages aforesaid is found aforesaid by the Jury afsesfedassessed together with his costs and charges in this behalf expended and have thereof execution.

In Partition Now at this day come Archibald Gamble, James Jr, and Patrick M Dillon the CommifsionersCommisioners who were appointed by the Court to make partition of real estate among the parties entitled thereto, and file their report of their pro= ceedings under said appointment as CommifsionersCommisioners and acknowledge the same as their true report in the premises, whereupon on motion of the said parties petitioners by their Attorney, and it appearing to the Court that the said division is just and equal it is therefore ordered that said report and the matters and things therein contained be confirmed as valid and effectual forever.

Suit for freedomNow at this day this cause is continued -

EjectmentNow at this day comes Plaintiff by his attorney and says that he will not further prose-cute his suit in this behalf, but voluntarily suffers the same to be dismissed at his costs. Therefore it is considered by the Court that the plaintiff take nothing by his said suit, but that the defendant go thereof without day and recover of the plaintiff his costs & charges in this behalf expended,and have thereof execution

ReplNow at this day by consent this case is continued

Suit for freedom Now at this day came the parties aforesaid by thier attornies, and neither party requiring a Jury, all and singular the premises are by them submitted to the Court, which being see heard and fully understood, the Court doth find as to theissue joined between the parties, that the said defendants are guilty of the several griev ances laid to their charge in manner and form as the said plaintiff has thereof complained against them. Therefore it is considered bythe Court that the said plaintiff be liberated and entirely set free from the said defendants, and all persons claiming under tieby title derived after the commencement of this thereof execution -

Petitioner for Partition Now at this day came the Petitioners by their at- torney and on their motion the judgement and order of Partition herein before made at the present term of this Court is set aside, and it appearing to the Court that Reuben B. Austin and Edward Jones have since the fi- -ling of the Petition in this cause purchased the interest of the said Joseph CharlefsCharless in the premises as set forth in said Petition, and the said Austin and Jones having voluntarily appeared as parties to said Petition for Partition and consenting that a decree and judgement of partition may be made as prayed in said Petition, Thereupon all and singular the premises are submitted to the Court, which being fully seen heard and understood, the Court doth ascertain and declare the respective rights and interests of said parties Petitioners and defendants to be as follows to wit; That the said Margaret Hogan mother of Matthew Hogan and devisee of John Hogan deceased is entitled to the equal undivided two ninth parts of the premises in said Petition described, and that the said William Hogan, Edward Hogan, Patrick Hogan, Hannah Shirley wife of George Shirley and Margaret Burkholder wife of Nathan Burkholder are each entitled to the equal undivided one ninth part of said premises, that the said Rachel Ann widow of Den- -nis Hogan decd, and VictrefsVictress Hogan daughter of said Dennis decd, are entitled to one equal undivided ninth part of said premises_ that the said Isabella wife of said Jacob Poorman is entitled to one equal undivided ninth part of said premises, that the said Reban B. Austin and Edward Jones are entitled to the one equal undivided half of the tract or parcel of land last described in said Petition. It is therefore considered by the Court that partition of the premises in the petition described be made between said parties according to their respective rights and interests as herein ascertained by the Court, quantity and quality relatively con- -sidered _

Court adjourned untill tomorrow morning at nine O'clock.

Court met pursuant to adjournment. Present as before.

Suit for freedom Continued

Covenant Continued at costs of defendant as on affidavit_

Case Now at this day comes the Plaintiff by his attorney and files his motion for a new trial in this cause_

Ejectment Now at this day comes the Plaintiff by his attorney and says that he will not further prosecute his suit in this behalf, but voluntarily suffers the same to be dismifseddismissed at his costs. Therefore it is consid- -ered by the Court that the Plaintiff take nothing by his said suit, but that the defendant he go hence without day, and recover of the Plaintiff his costs and charges in this behalf expended, and have thereof execution_

Detinue Now at this day comes the defendant by his Attorney, and the plaintiff though demanded comes not but makes default nor doth he prosecute his suit with effect, Therefore it is considered by the Court that the

This day came the parties by their attorneys and the Court being fully advised in the matter doth sustain and allow the motion of the defendant to set aside and quash the execution herein ifsuedissued by the Clerk of this Court, and order that said execution be quashed.

This day came the parties by their attorneys, and the Court being fully advised in the premises doth overrule the motion of the defendant for a new trial herein_ thereupon the defendant files his Bill of Exceptions and also his affidavit and prays an appeal from the Judgment herein rendered to the Supreme Court which is granted him_ And

Josephus W. Hall as principal and Henry J. Wise and Henry L. Cobb as securities severally acknowledge themselves indebted unto John Mills Executor of Charles Mills Deceased in the sum of Two hundred dollars to be void if the appellant will prosecute the appeal nwo taken with due diligence to a decision in the Supreme Court and if the Judgment appealed from is affirmed or the appeal dismifseddismissed will pay the appellant will pay whatever of Debt Damages and costs have been recover against said appellant by the Judgment of the Circuit Court together with the interest that shall grow due thereon, and pay all costs and damages that may be adjudged against said appellant in the Supreme Court upon this ap- peal, otherwise to remain in full force and effect_

Garnishment on Execution_ The said Garnishee files her answer to allegations & interrogatories herein filed_setting forth that she has in her hands belonging to the defendant in execution the sum of Four dollars and ninety three cents, and on motion of her attorney it is ordered that she be allowed the said sum of four dollars and ninety three cents for answering herein_

The defendant moves the Court to set aside the execution herein this day ifsuedissued by the Clerk of this court

On motion of Plaintiffs by their attorneys it is ordered that Plaintiffs have leave to amend their declaration by changing the names of the defendant from James Edwards and George W. Taylor to William Edwards and Granville S. Taylor and said amendment is made. and it is further ordered that the defendant be no- tified that an action of AfsumpsitAssumpsit for the sum of Three hundred and sixty nine dollars and fifteen cents has been commenced against them, that their property has been attached and unlefsunless they appear at the next Term of this court to be begun and held at the city of St Louis on the third monday of April next and on or before the third day thereof, plead to the action aforesaid according to law, a judgment will be rendered against them, and their property be sold to satisfy the same_ And it is further ordered that a copy hereof be published in some newspaper printed in the City of St Louis the last insertion to be at least for four weeks succefsivelysuccessively, the last insertion to be at least four weeks before the said next Term_

On motion of plaintiffs by their attorneys it is ordered that the defendants be noti -fied that an action of AfsumpsitAssumpsit for the sum of one thousand and six dollars and sixty seven cents has been commenced against them, that their property has been attached, and unlefsunless they appear at the next term of this Court to be begun and held at the City of St Louis on the third monday of April next and on or before the third day thereof plead to the action aforesaid according to law a judgment will be rendered against them and their property be sold to satisfy the same_ And it is further ordered that a

By consent of parties the defendant withdraws his plea in abatement herein, and the plaintiff on leave given amends his declaration by changing the name of defendant therein William W. Dodge Wallace W. Dodge to William W. Dodge_ and said defendant files a plea of the general ifsueissue_

The defendant by her attorney this day files a motion for a rule on the plaintiff to furnish security for the costs herein_

Plea filed

Additional answer of Garnishee filed

Plaintiff by attorney files herein a similiter to first and replication to second plea, and a motion for a rule on defendant to furnish a bill of the particulars of his set off

It appearing to the Court that certain proceedings had in this cause on the twenty eighth day of November in the year one thousand eight hundred and forty six, were omitted to be entered of Record, it is ordered that the same be now entered as of the day aforesaid in the words and figures following to wit;

This day came the parties by their attorneys, and by consent the judgement by default herein rendered is set aside, and on leave the plaintiff amends his dec- -laration so as to make the names of defendants therein Augustus Coriell and William W. Dodge, and defendants file their plea_

This day came the parties by their attorneys, and came also a Jury to wit; John Manderville, Thomas MofslanderMosslander, Campbell G. Link, Thomas Hoke, Charles P. James, John Bowlin, Charles N. Lewis, George W. Hayden, Calvin Farris, Dennis Lackland, Archibald Gamble and James McCausland twelve good and lawful men who were elected tried and sworng the truth to speak upon the ifsueissue joined between the parties, and after the hearing of testimony the further trial of the cause was adjourned untill tomorrow morning at ten Oclock.

Court adjourned untill tomorrow morning at ten Oclock_

Ejectment On motion of the plaintiffs by their attorney it is ordered that the county Surveyor of St Louis county make survey of the premises in dispute between the parties to this suit, according to law, and that he make return of such survey to this court without delay_

This day came again the parties by their attorneys and also the jurors empannelled in this cause and after further progress made in the trial of this cause, it is again adjourned untill tomorrow morning at ten oclock_

Court adjourned untill tomorrow morning at ten O'clock

Court met pursuant to adjournment Present as before_

The said garnishee files a demurrer to the statement of the grounds upon which the plaintiffs require the said Garnishee to answer herein_

On motion of the plaintiff by his attorney, and it appearing to the satisfaction of the Court, that the testimony of John Ferguson who is one of the securities on the Replevin bond herein is required by the plaintiff_ It is thereupon ordered that the said John Ferguson be discharged from all liability as security on said bond, and that John Mathews be substituted in place of said John Ferguson as such security_

Continued

Continued

Continued

Continued

Replevin This day came the plaintiffs in proper person, and the defendant though de manded came not but made default, but nor hath he plead to the action afore- said wherefore the plaintiffs ought to recover against him_ And the said plaintiffs not required a jury to afsefsassess their damages, but consenting that the same may be nominal, the Court doth find that the said plaintiffs have sustained damages by reason of the premises at one cent_ It is therefore considered that the plaintiffs recover of the defendant the

said sum of one cent their damages aforesaid and also their costs in this behalf expended and have thereof execution.

AfsumpsitAssumpsit This day came the plaintiff by his attorney and discontinued this suit It is therefore considered that the defendant go hence without day and recover of the plaintiff his costs herein expended and have thereof execution_

Ejectment This day came the plaintiff by his attorney and discontinued this suit. It is therefore considered that the defend- ant go hence without day and recover of the plaintiff his costs herein expended and have thereof execution.

Pleas filed Defendant this day files a demurrer to the complaint herein

Pleas filed_

Plaintiff files a demurrer to defendants plea

On motion of plaintiff by attorney leave is given the Sheriff to amend his return on the writ herein_which amendment is thereupon made_

Garnishment This day came the parties, the plaintiff by attorney and the defendant in person and consent that judgement be herein rendered against said garnishee for the sum of two hundred and fifty dollars_ It is therefore considered that the said plain- tiff recover of the said defendant as Garnishee as aforesaid the said sum of two hundred and fifty dollars, and have thereof execution._

Garnishment. This day came the parties the plaintiff by attorney and the defendant in person and consent that judgement be rendered against said garnishee for the sum of two hundred and seventy five dollars. It is therefore considered that the said plaintiff recover of the said defendant as Garnishee as aforesaid the sum of two hundred and seventy five dollars and have thereof execution

Garnishment on attachment This day comes Trusten Polk Esquire attorney for the plaintiff, and enters of record satisfac- -tion of this judgement_

This day came again the parties by their attorneys, and also come the jurors here- -in empannelled and after further progress made in the trial of the cause, it is again adjourned untill tomorrow morning at ten Oclock_

Court adjourned untill tomorrow morning at ten Oclock_

Court met pursuant to adjournment, Present as before_

AfsumpsitAssumpsit This day came the plaintiff by his attorney and the defendant though demanded came not but made default, nor hath he plead to the action aforesaid, whereof wherefore the plaintiff ought to recover against him, but because it is unknown to the Court here what damages the plaintiff hath sustained by reason of the premises, it is ordered that enquiry thereof be made at the present term of the Court_

Continued

Continued

Continued

Continued

Pleas filed

Defendant files a motion for a rule on the plaintiff to furnish security for costs herein_

Petition on note This day came the plaintiff by attorney and discontinued this suit_It is therefore con- -sidered that the defendant go hence without day and recover of the plaintiff his costs herein expended and have thereof execution _

Afsumpsit. This day came the parties by their attorney and consent that this suit be dismifseddismissed at the costs of the defendant. It is therefore considered that this suit stand dismifseddismissed, and that the plaintiff recover of the defendant her costs herein and have thereof execution_

Frederick Dielmann a native of Germany who applies to be admitted a citizen of the United States comes and proves to the satisfaction of the Court that he has resided in the United States for at least five years and the State of MifsouriMissouri at least one year immediately preceding this application, during which time he has conducted himself as a man of good moral charac- ter attached to the principles of the Constitution of the United States and well disposed to the good order and happinefshappiness of the same; and the Court moreover being satisfied that said applicant has taken the preparatory steps required by the laws of the United States concerning the naturailization of foreigners, and he declaring here in open Court upon oath that he will support the Constitution of the United States, and that he doth entirely and absolutely renounce and abjure forever all allegiance and fidelity to every foreign power prince state and sovereignty whatsoever and particularly to the King of PrufsiaPrussia of whom he was heretofore a subject, therefore the said Fred- erick Dielmann is admitted a citizen of the United States of America

This day came again the parties by their attorneys, and came also the jurors herein before empannelled, and the trial of the cause being concluded and the argument of counsel closed, the jury retire to consult of their verdict_

Court adjourned untill tomorrow morning at ten Oclock_

Plaintiff by her attorney this day gives oyer of the instrument in writing on which this action is founded and files replications herein_

Plea filed_

Defendant by attorney files a bill of exceptions

The plaintiff by attorney moves the Court for judgement against said Garnishee_And the said Garnishee files a motion to be discharged on his answer.

The decease of Loren Spencer Cate a member of the bar of this Court, being announced to the Court by Thomas S. Gantt Esquire, It is ordered, that as a token of respect for the memory of the deceased this Court do now ad- journ_ Thereupon

Court adjourned untill tomorrow morning at ten Oclock_

Court met pursuant to adjournment Present as before_

Defendant files a demurrer to the petition herein_

Petition for habeas corpus This day comes into court Franklin M. Arnold and files his peti- -tion alledging that the said Henry Clay Arnold is illegally restrained of his liberty by Lieutenant Henry Almstedt and Lieutenant Staine of the twelfth regiment of Infantry in the United States service at Jefferson Barracks in the County of St Louis_Thereupon it is ordered that a writ of Habaeaus Corpus ifsueissue to the said Henry Almstedt and Staine, commanding them to have the body of the said Henry C. Arnold together with the cause of his detention before this Court on tomorrow morning at nine Oclock_

Partition This day come the petitioners by their attorneys, and the said defendant although duly served with notice of the pre- sentation of the said petition to this Court, and demanded come not but make default nor have they plead to said petition within in compliance with the order of this court_ wherefore judgement of default is herein rendered against them_ Whereupon the petition- -ers S submit all and singular the premises together with their proofs of title to the Court, which being seen heard and fully un- -derstod_the court doth ascertain and declare the respective rights titles and interests of the said parties petitioners and defend-

considered that the defendant go hence without day and recover of the plaintiff his costs herein expended and have thereof execution_

Plaintiff files his motion and reasons for a new trial herein_

Plea filed

Plea filed

On motion of plaintiff by attorney leave is given her to file more than one replication to defendant's sec- ond plea herein_

On motion of plaintiff by attorney leave is given her to file more than one replication to defendant's second plea herein_

Plaintiffs by their attorney file herein the affidavit of Frederick S. Day_

This day come into court the Jurors herein empannelled and by ther foremen say that they are unable to agree upon a verdict in this cause_Whereupon with the afsentassent of the parties the Jurors aforesaid from the further consideration of the cause are discharged_Thereupon

It is ordered by the Court that the Sheriff of St Louis County hire out the said plaintiff herein to the best advantage from time to time during the pendency of this suit, and take bond from the hirer payable to the State of MifsouriMissouri in the penalty of seven hundred dol- lars, with such security as he approves, conditioned that the hirer will pay the hire to the Sheriff and return the plaintiff at the expira- tion of the term for which he is hired or as soon as this action is determined_

Petition to sell. This day come into Court DuBouffay Fremon and Alexander Lesner agsineesassignees of Robert A Darst and file their petition for an order for the sale of the following de- -scribed real estate afsignedassigned to them by the said Darst to wit: a lot of ground situate on fourteenth street in the City of St Louis, containing a front on fourteenth street of twenty five feet by a depth of one hundred and fifty feet, bounded east by said fourteenth street, north by lot of S.D. Barlow, south by lot of L. Dumaine and west by an alley thirty feet wide on which lot there is a two story brick dwelling house_Whereupon it is ordered that said afsigneesassignees sell the said real estate at public vendue to the highest bidder for cash at the door of the Court house on fourth street in the City of St Louis on the twenty sixth day of May 1847 between the hours of nine Oclock in the forenoon and five Oclock in the afternoon of that day first having given twenty day notice of the time terms and place of sale and of the property to be sold and where situate, by advertisement in some newspaper printed in the City of St Louis

This day comes into Court Larkin Deaver by his attorney and files a motion to set aside the judgement by default herein_and to be made codefendant with leave to plead

This day comes into Court Larkin Deaver by his attorney and files a motion to set aside the judge- ment by default herein rendered, and to be made codefendant with leave to plead_

This day comes the plaintiff by attorney and files a motion to supprefssuppress the depositions of James H. Whitlock and F. Ball taken on behalf of defendant_ for reasons on file_

This day came the parties by their attorneys, and came also a Jury to wit; Thomas R. Allen, Lueing L. Barton Bates, Alfred Barton, Riehard Chesley, William D. Bo, William Burn- -berry, Urial Burrip, William S. Vaughn, Andrew Vaughn, John S. Burnberry, Cornelius Demarest and JefseJesse B. Underwood twelve good and lawful men who being elected tried and sworn the truth to speak upon the ifsueissue joined between the parties, and the testimony being closed, retire to consult upon a verdict, and afterwards return into Court and by their foreman say that they are unable to agree upon a verdict herein. It is thereupon with the afsentassent of parties ordered that the Jurors aforesaid from the further consideration fo this cause be discharged

AfsumpsitAssumpsit This day came the parties by their attorneys and came also a Jury to wit; Ringrose D. Watson, Felton Watson, Alexander McElhaney, Robert Lewis, Patrick M. Dillon, Frederick King, David W. Graham, Alexander Orrick, Charles Loring, John Bruce, and Francis Robidoux twelve good and lawful men who were duly elected tried and sworn the truth to speak upon this ifsueissue joined between the parties, and after the hearing of testimony the further trial of the cause is adjourned until tomorrow_

Continued

Continued

Continued

Further plea filed._

Court adjourned untill tomorrow morning at nine Oclock_ A. Hamilton.

Court met pursuant to adjournment. Present as before

Demand under the Statute This day came the plaintiff by attorney and discontinued this suit, and filed his motion to tax the costs herein against the Clerk of this Court_

AfsumpsitAssumpsit This day came the plaintiff by his attorney and discontinued this suit. It is therefore considered that the defendant go hence without day and recover of the plaintiff his costs in this behalf expended and have thereof execution _

AfsumpsitAssumpsit This day came the defendants by attorney, and the plaintiff though demanded came not but made default, nor doth he fur- -ther prosecute this suit_ It is therefore considered that said defendants go hence without day and recover of the plaintiff their costs herein and have thereof execution

Monday May 17th Monday May 17th 1847. Court met pursuant to adjournment & Present as before

Plea filed

Plaintiff files a motion for new trial

Deed. Sammuel Cowwery Sheriff of St Louis Country in open Court, being personally known to the Judge thereof, acknowledges the execution of a deed by him as Sheriff as aforesaid to Joseph F Franklin of all the right title and interest of John L. Keane of in ends to the following lot of lands situate in the City of St Louis Missouri beginning as a point in the eastern line of eleventh street distant southwardly twenty five feet from the north west corner of Block No. 281 Thence southwardly with said eastern line of eleventh street eighteen feet thence eastwardly and parallel with St Charles street one hundred and twenty six feet three inches to an alley; thence northwardly with said alley eighteen feet, thence westwardly one hundred and twenty six feet ten in--ches to the beginning. sold by virtue of ten expecting against John L. Keane and Charles H. Shaw, six years from the office of the Clerk of the St Louis Circuit Court returnable to the November Term 1847 of said Court, two in favor of Mathew Barrett, one in favor of Frederick Sporeleder, one in favor of Robert Clarkson, one in favor of Patrick Fox, and one in favor of Milliann Fox and four issued from the office of the Clerk of the St Louis Court of Common Pleas returnable to the September Term 1847 of said Court, one in favor of Jno. St Ferginson, two in favor of Alexander Numson and one in favor of Sheply Steyser and David Carlisle_

Deed Sammuel Conway Sheriff of St Louis County in open Court, being personally known to the Judge thereof acknowledges the execution of deed by him as Sheriff as aforesaid to John R. Shepley of all the right title and interest of Julien G. Cabenne and other of in and to Lot number forty five in Block number twenty six in North St Louis containing eighty feet front on first street, by one hundred and fifty feet in depth bounded east by first street, north by lot number forty four, west by lot number fifty two and south by Webster street. Sold by virtue of one order of sale made on the eighth day of November 1847 by the St Louis Circuit Court in a certain case in partition wherein Julia J. Caberrance and others are plaintiffs and Virginia G. Serpy and others deferred costs-

Sammuel Conway Sheriff of St Louis County in open Court and being personally known to the Judge thereof acknowledges the execution of a deed by him as Sheriff as aforesaid to Daniel D. Page of all the right title interest and estate of Pierre Powl and others of in to a travet of vel of two a half by forty Arpeus equal to 8507 in the south part of Gravel Prarie county of St Louis being the same purchased by Auguste Chouteu of the estate of Genevieve Routier widow of Louis Bissonet on the 22 next day of July 1804 as per deed are here W. 1015 sold by Auguste Chouteu to L. Langham December 2nd 1818. recorded in book B. page 85 and being the same travet of land conveyed by Brown Cozzens assignee of A L. Leghe to Therese erre Chouteau Executions of Auguste by deed dated September 1834 and recorded in book page 109- " sold by virtue of an order of sale made by the St Louis Circuit Court on the second day of February 1847, in a cetain proceeding in partition wherein Rene Paul and others are petitioners and Henry Chouteau and others defe

Freedom This cause came on to be heard upon a case agreed between the parties this day filed herein and was argued by counsels in consideration whereof the Court is of opinion that the law of the case is with the defendant thereupon it is considered that the said defendant go here thereof without day

Petition on note This day come the parties by their attorneys and came also a Jury to wit: Calvin Steith, H. J. Martin, W. P. Miller, illie J. Essex, H. A. Albright, Albert Corwell, J. C. McGill, Francis Gibbs, J. W. Greely, George Shatcher, H. B. Durnham and J. H. Bryant twelve good and lawful men

And apart from her said husband, and the contents of said power of Attorney being made known to her, acknowledged that she executed the samefreely, without the compulsion or undue influences of her said husband -

Court met pursuant to adjournment Present as before_

Plff. remits $943.00 of this judgement. July 27th 1847 Book 18 page 29 Replevin This day come again the parties by their attorneys and also the Jury herein empannelled, and the Jurors a- -foresaid upon their oaths aforesaid do find and say that the defendant is guilty in manner and form as the plaintiff hath complained against him, and afsefsassess the plaintiff's damages by reason thereof at nine hunred and forty four dollars. It is therefore con -sidered that the said plaintiff recover of the said defendant the said sum of nine hundred and forty four dollars his damages aforesaid afsefsedassessed and also his costs in this behalf expended and have thereof execution _

Continued

Continued

Ejectment This day comes the plaintiff by her attorneys and discon -tinues this suit. It is therefore considered that said de- fendants go hence without day and recover of the plaintiffs their costs in this behalf expended and have thereof execution_

Ejectment This day came the plaintiff by her attorneys and discontin -ued this suit_ It is therefore considered that the defend- -ants go hence without day and recover of the plaintiff their costs herein and have thereof execution_

Ejectment This day came the plaintiff by her attorneys and dis- continued this suit_ It is therefore considered that the said defendants go hence without day and recover of the plaintiff their costs herein and have thereof execution_

Continued at the costs of plaintiff as on affidavit for absence of witnefseswitnesses

Plaintiff files her motion for a new trial herein

Defendant by attorney files hi bill of exceptions herein

Defendant by his attorney files a motion and reasons for new trial herein.

This cause came on to be heard on the demurrer of the plaintiff to the second plea of the defendant and was argued by counsel, On consideration whereof the Court is of opin- ion that the said second plea and the matters therein contained are sufficient in law to bar the action of the said plaintiffs Thereupon the plaintiff moves the Court for leave to withdraw said demurrer and reply to said plea, which is by the Court granted_ And the replication of the plain- tiff to said plea is filed _