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Court met pursuant to adjournment. Present as before.
Now comes the defendant, by his attorney, and files an affidavit and
the Court for an appeal herein; wherefore, it is ordered that an appeal be
allowed the defendant to the Supreme Court from the judgment herein
rendered; thereupon the said defendant files an appeal bond with himself, as principal, and
B Carson
The defendants demurrer to the petition herein being heard and fully considered
by the Court it is ordered that the same be sustained.
Assignment of judgment to
Assignment of judgment to
Assignment of judgment to
Assignment of judgment to
Assignment of judgment to
Assignment of judgment to
Assignment of judgment to
Assignment of judgment to
Assignment of judgment to
Assignment of judgment to
Assignment of judgment to
Assignment of judgment to
Assignment of judgment to
Assignment of judgment to
Order of Publication.
The plaintiff having filed a petition and also an affidavit from which it
appears to the Court that the defendant is a non resident of the State of
Missouri, therefore, on motion of the plaintiff, by his attorney, it is ordered
that the said defendant be notified that a civil action has been commenced against him for the
sum of five hundred and twenty five dollars and interest on account of money loaned and ad
vanced by the plaintiff to the defendant and four promissory notes executed by the defendant to
the plaintiff and which the plaintiff alleges are lost, and that unless he be and appear at the next
term of this Court to be begun and held at the City of St Louis, within and for the County of St Louis
on the last Monday of September next and on or before the sixth day thereof plead to the action
aforesaid, according to law, the plaintiffs petition will be taken against him as confessed. It is
further ordered that a copy hereof be published, according to law, in the Anzeiger des Westens,
a newspaper printed and published in the City of St Louis.
The defendants motion for a new trial herein being heard and fully
considered by the court it is ordered that the same be overruled.
Petition.
Now come the parties, by their respective attorneys, and
waiving a jury submit this cause to the Court upon the
pleadings and proofs and thereupon the trial progressed but
the plaintiffs say they will not further prosecute their
suit in this behalf but voluntarily take a nonsuit. It is
therefore considered by the Court that the plaintiffs take nothing by their suit in this behalf but that
the said defendants go hence without day and recover of the said plaintiffs their costs herein expended and
have execution therefor.
The plaintiffs motion for a new trial herein being heard and fully considered by
the Court it is ordered that the same be overruled.
The defendants motion for a new trial herein being heard and fully considered by the
Court it is ordered that the same be overruled.
The defendants motion to strike out the reply to the counterclaim herein
being heard and fully considered by the Court it is ordered that the same
be overruled.
On Bond.
Now come again the parties, by their respective attorney,
and also come the Jury, empanneled and sworn herein,
and being agreed upon a verdict, upon their oaths, find
for the plaintiff and assess his damages at the sum of
five hundred and thirty
considered by the Court that the plaintiff recover of the defendants the damage aforesaid
in form aforesaid as assessed and also his costs herein expended and have execution therefor.
The defendants motion for a new trial herein being heard
and fully considered by the Court it is ordered that the same
be overruled.
On consideration of the plaintiffs and the defendants motion for a
new trial herein it is ordered that the same be sustained, and
that a new trial be had herein and the judgment herein set aside.
Motion for judgment on answer filed.
Order of Sale.
files a statement from which it appears that the keeping of the
property attached will be attended with great loss and expence
before the probable termination of this suit; therefore it is ordered that
the said Sheriff sell said property according to law and make a report of his proceedings
herein on or before the first day of the next term of this Court.
On note.
Now come the parties, by their respective attorneys, and warning
a Jury submit this cause to the Court upon the pleadings and
proofs and the Court having duly heard and considered the same
doth find that the defendants are indebted to the plaintiff in the
sum of two hundred and sixty nine dollars and forty cents. It is therefore considered by the
Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found
and also his costs herein expended and have execution therefore. Motion for a new trial file by defendants.
Motion for a new trial filed.
files exceptions to the settlements of the Executor herein, and thereupon the
said Executor,
Motion to strike out answer and for judgment filed.
Moto vacate order granting a new trial filed.
The parties file a stipulation herein.
Dedimus awarded plaintiff to take deportions in Territory of New Mexico.
The Court having duly heard and considered the motion for a new bond herein
and being thereof fully advised doth overrule the same.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
Papin
and
guardian ad litem and files an answer herein.
The plaintiffs motion to set aside the non suit herein and for a new trial is on
consideration by the Court sustained. It is therefore considered by the Court
that a new trial be had herein.
The defendants withdraw their motion to set side the judgment herein.
Now come the plaintiff and the defendant,
Bay
temporary support and maintenance and for an allowance to retain counsel
to prosecute her suit and the Court having duly heard and considered the same doth order that the
said application be sustained; and in accordance with the stipulation filed herein the Court
doth order that the defendant pay to the plaintiff, or her agent appointed under her hand, for
the temporary support and maintenance of herself and two daughters,
children of the defendant, the sum of ninety two dollars and twenty cents on the twenty fifth
of the present month and on the twenty fifth of each and every month thereafter until the
further order of this Court: and the Court, after hearing the proof offered by the parties, doth fur
ther order that the said defendant pay to the plaintiff, or her agent appointed under her hand,
or to
retaining counsel to prosecute her suit for divorce; and it is also ordered that the said
Doyle
forthwith. Leave is given the parties to apply to the Court for any modification of this de
cree, which may be deemed necessary.
The defendants motion for a new trial herein being heard and
fully considered by the Court it is ordered that the same
be overruled.
The defendants motion for a new trial herein being heard and
fully considered by the Court it is ordered that the same
be overruled.
The plaintiffs motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be overruled.
The defendants motion for a new trial herein being heard and fully con
sidered by the Court it is ordered that the same be overruled.
The defendants motion for a new trial herein being heard and fully consid
ered by the Court it is ordered that the same be overruled; the defendant
files a bill of exceptions and also an affidavit for an appeal herein, where
fore it is ordered that an appeal be allowed him to the Supreme Court from the judgment herein
rendered and thereupon the said defendant files an appeal bond in the sum of one thousand dol
lars with himself, as principal, and
curities, which bond is approved by the Court.
The defendant withdraws his motion for a new trial herein.
The defendants motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be overruled;
thereupon the said defendants file a bill of exceptions, and an affidavit
for an appeal herein, wherefore it is ordered that an appeal be allowed them to the Supreme Court
from the judgment herein rendered, and they thereupon file an appeal bond in the sum of eight
thousand nine hundred dollars, with
W Warne
The defendants motion for a new trial herein being heard and fully considered
by the Court it is ordered that the same be overruled.
The defendants motion for a new trial herein being heard and fully considered
by the Court it is ordered that the same be overruled.
The defendants motion for a new trial herein being heard and fully con
sidered by the Court it is ordered that the same be overruled; and the
defendants motion in arrest of judgment being heard and fully consid
ered by the Court it is ordered that the same be overruled.
On motion of the plaintiffs by his attorney, it is ordered that this cause be
dismissed at his costs and that execution issue therefor.
The motion of the defendants,
eration by the Court is overruled.
The plaintiffs motion to set aside the non suit herein being heard and fully
considered by the Court it is ordered that the same be overruled.
Garnishment.
Now come the plaintiff and the said garnishee, by their respec
tive attorneys, and submit the plaintiffs motion for judgment
on the answer herein to Court having duly heard and considered
the said motion doth sustain the same; and it appearing to
the Court that the said garnishee at the time he was sum
moned herein as such was indebted to the defendant in the sum of two hundred and fifty dollars
and that the plaintiff has obtained judgment against the defendant for the sum of twelve hun
dred and seventy five dollars and twenty one cents, and that
judgment against the defendant for the sum of two hundred and twenty eight dollars and
seventy five cents, therefore, on motion of the plaintiff, it is considered by the Court that the plain
tiff recover of the said garnishee the sum of one hundred and five dollars and have execution therefore,
and that out of said sum he pay the costs of this proceeding. The Court allows the said garnishee
the sum of twenty five dollars for answering herein to be taxed as costs. By consent of parties
it is ordered by the Court that the issue of execution herein be stayed for the term of six months.
Garnishment.
Now come the plaintiff and the garnishee, by their respec
ctive attorneys, and submit to the Court the motion for
judgment on the answer herein and the Court having
duly heard and considered the same doth sustain the
said motion; and it appearing to the Court that the said
garnishee at the time he was summoned herein as such was indebted to the defendant in the
sum of two hundred and and fifty dollars and that the plaintiff obtained a judgment
against the defendant for the sum of two hundred and twenty eight dollars and seventy five
cents, and that
sum of twelve hundred and seventy five dollars and twenty one cents, therfore, on motion of the
plaintiff, it is considered by the Court that the plaintiff recover of the said garnishee the sum
of one hundred and thirty five dollars and have execution therefor, and that out of said sum he
pay the costs of this proceeding. The sum of twenty five dollars is allowed said garnishee for
answering herein. By consent of parties it is ordered by the Court that the issue of execution herein
be stayed for the period of six months.
Garnishment.
Now come the plaintiffs, by their attorney, and move the
Court for judgment upon the answer of said garnishee,
and it appearing to the Court from the answer of said
garnishee that at the time he was summoned herein
as such he was indebted to the defendant in the sum of
two hundred and ninety five dollars and fifty cents and it further apearing to the Court
that the amount of the judgment of the plaintiffs against the defendant with interest thereon to
the present date is the sum of one hundred and twenty dollars and seventy two cents and that
the costs as well of the original suit as of this proceeding together with the sum of ten dollars,
which is allowed for answering, amount to the sum of forty four dollars and thirty cents, therefore
it is considered by the Court that the plaintiff recover of the said garnishee the sum of one hun
dred and sixty six dollars and two cents and have execution therefor.
The defendants motion for a new trial herein being heard and fully consid
ered by the Court it is ordered that the same be overruled.
On Petition of
Now come the parties, by their attorneys, and submit the
application for an order on the assignee to appoint a new
day for the hearing and allowance of demands not allowed
on the former day and to give notice thereof to creditors, according to the statute, and the Court
having duly heard and considered the said application and also the affidavits in support thereof,
doth order that the same be overruled.
The Court having duly heard and considered the application for an in
junction herein doth refuse the same.
Court met pursuant to adjournment. Present as before.
Motion for an attachment against the defendant filed.
Now come the plaintiff and the defendant, by
and submit to the Court the plaintiffs application for alimony pendente
lite and for the purpose of defraying the expences of her suit for divorce and for
the employment of counsel to prosecute the same, and the Court having duly heard and cosid
ered the same and also the petition of the plaintiff heretofore filed, doth order that the defendant pay
to the plaintiff, or her agent appointed under her own hand, for the temporary support of herself
and child the sum of six hundred dollar per annum payable in equal monthly instalments
of fifty dollars each on the first Monday of each and every month commencing on the first
Monday of July next, until the further order of this Court, and that on the first Monday of July
next, he pay over to the Clerk of this Court the sum of twenty five dollars to defray the expenses of
her suit and pay over to
dollars for counsel fees, one hundred to be paid on the first Monday of July next and the residue
of said two hundred and fifty dollars to be paid on determination of the suit for divorce. Leave
is given the parties to apply to the Court for any modification of this order as they may deem
necessary.
The motion of the plaintiff for a new trial herein being heard
and fully considered by the Court it is ordered that the same
be overruled.
The plaintiff motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be overruled.
The plaintiffs motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be overruled.
The plaintiffs motion for a new herein being heard and fully considered
by the Court it is ordered that the same be overruled.
The defendant files a bill of exceptions and also an affidavit for an appeal
herein wherefore it is ordered that an appeal be allowed him to the Supreme
Court from the judgment herein rendered and he thereupon files an appeal
bond which is approved by the Court.
The motion of said plaintiff an order on the Sheriff to pay to him
the sum of one hundred and twenty five dollars is, on consideration by
the Court overruled; and it is ordered that said Sheriff apply said sum to the payment of an execution
issued from this Court in favor of
The assignee files the certified claims of
ruff
Anderson Co
Bill of Exceptions filed.
Assignment of judgment filed.
The defendants file an affidavit for an appeal herein, wherefore it is
ordered by the Court that an appeal be allowed them to the Supreme
Court from the judgment herein rendered and they thereupon file
an appeal bond which is approved by the Court.
The defendants motion for a new trial herein being heard and fully con
sidered by the Court it is ordered that the same be overruled.
The plaintiffs motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be sustained
and that a new trial be had herein.
deed of emancipation to his slaves
The motion of
is ordered that the said motion be overruled.
The verbal motion to set aside the non suit herein being heard and fully
considered by the Court it is ordered that the same be overruled.
The defendants motion for a new trial herein being heard and fully
considered by the Court it is considered that the same be overruled.
The defendants motion for a new trial herein being being heard and fully con
sidered by the Court it is ordered that the same be overruled.
The plaintiffs motion to retain the costs herein being fully considered by the Court
it is ordered that the same be overruled.
Judgment on forthcoming Bond.
Now comes the plaintiff by his attorney, and submits to the Court
his motion for judgment against
Knox
in this course: and it appearing to the Court that the Sheriff on
the
property attached executed by
curity, according to law, and that the plaintiff on the
dred and fifty eight
and twenty two dollars and fifty five cents, and that execution was issued on said judgment
and duly returned by the Sheriff with his return of no property found endorsed thereon
and that in pursuance of an order heretofore made herein the Sheriff duly assigned said
forthcoming bond to the plaintiff, and that the amount due upon said execution is seven
teen hundred and forty nine dollars and eighty cents, and that the value of the property for
the forthcoming of which said bond was given is greater in value than the amount due
upon said execution, and that the amount due with interest thereon and twenty per dam
ages upon the value is twenty two hundred and ten dollars and seventy two cents, and that
the judgment against the defendants bears ten per cent interest, therefore it is considered by
the Court that the plaintiff recover of
in said forthcoming bond, the sum of twenty two hundred and ten dollars and seventy
two cents, together with interest thereon at the rate of ten per cent per annum from this date,
and also his costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
The plaintiff by its attorney, remits of the judgment herein
resolved the sum of two hundred and ten dollars; and the
Court having duly heard and considered the defendants mo
tion for a new trial herein and being thereof fully advised doth
order that the same be overruled; and the court having also duly heard and considered the
defendants motion for arrest of judgment and being thereof fully advised doth order that the
same be overruled.
The defendants motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be overruled.
The defendants motion for security for costs is, on consideration by the Court
sustained: until first of the next term of this Court is given the plaintiff
to file security for costs herein.
The defendants motion for a new trial herein being heard
and fully considered by the Court, it is ordered that
the same be overruled; therepon the said defendant
file an affidavit for an appeal herein wherefore an
appeal is allowed him to the Supreme Court from the judgement herein ordered and he
file an appeal bond is the sum of thirty five hundred dollars, with himself as principal,
and
The defendat motion to set aside the judgment herein being heard and
fully considered by the Court, it is ordered that the same be overruled.
The defendants motion for a new trial herein being heard and fully
considered by the Court, it is ordered that the same be overruled.
The defendant file a bill of exception and also an affidavit
for an appeal, wherefore it is ordered that an appeal
be allowed them to the Supreme Court from the judg
ment herein ordered, and they thereupon file an appeal bond
in the sum off one thousand dollars, with themselves, as principals, and
and
The defendants file a bill of exceptions and also an affi
davit for an appeal huin, wherefore it is ordered that
an appeal be allowed them to the Supreme Court
from the judgement herein ordered, and they thereupon
file an appeal bond, in the sum of eight hundred and twenty dollars, with
Sedgwick
Shepley
The defendants motion for a new trial herein being heard and
fully considered by the Court, it is ordered that the same
be overruled; and the defendants file a bill of exceptions and
also an affidavit for an appeal, wherefore, an appeal is
allowed them to the Supreme Court from the judgment herein rendered, and they thereupon
file an appeal bond, in the sum of the eleven hundred dollars, with themselves, as principals,
and
The defendants motion for a new trial herein being heard
and fully considered by the Court it is ordered that the
same be overruled.
Answer filed by coment of parties.
The defendants motion for a new trial herein being heard and fully considered
by the Court it is ordered that the same be overruled; and the defen
dants motion in arrest of judgment being also heard and fully considered
by the Court it is ordered that the same be overruled.
The defendant,
and fully considered by the Court it is ordered that the same be sus
tained; and on motion of the plaintiff, by his attorney, it is ordered by
the Court that a Summons issue herein for the defendant
returnable to the next term of this Court.
The motion of the defendant,
heard and fully considered by the Court it is ordered that the same be
sustained; and on motion of the plaintiff, by his attorney, it is ordered by
the Court that a summons issue herein for said defendant,
able to the next term of this Court.
The plaintiffs motion for a new trial herein being heard
and fully considered by the Court it is ordered that the
same be overruled.
The plaintiffs motion to vacate the order granting a new trial herein
being heard and fully considered by the Court it is ordered that the
said motion be sustained and that said order be set aside annuled
and vacated, and the judgment rendered herein be, in all respects, reinstated.
The motions of the plaintiffs and defendants for a new trial herein being
heard and fully considered by the Court it is ordered that the same
be overruled.
The defendants motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be overruled; thereupon the said defendant, by her attorney, files a bill of excep
tions and also an affidavit for an appeal herein, wherefore an ap
peal is allowed her to the Supreme Court from the judgment herein rendered.
The plaintiffs motion to set aside the non suit herein and for a new trial being heard
and fully considered by the Court it is ordered that the same be sustained.
The defendants motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be sustained
and that a new trial be had herein.
Petition.
Now at this day come the parties, by their respective attorneys,
and waiving a Jury submit this cause to the Court upon the
pleadings and proofs and the Court, having duly heard and
considered the same, doth find; First, that on the
day of June, eighteen hundred and twenty three
ment was rendered in favor of the United States against
S Hempstead
ninety seven dollars and twenty seven cents, on the official bond of said
wherein said
Second, that said
power to release the same: Third, that said
only, a daughter, his sole heir,
on the
siderations, one of which was the withdrawal and dismissal of certain suits that had been insti
tuted by the hier of
the heir of
released by instrument of writing the heirs, executions and administrators of
from said judgment, except so far as it might be necessary to use it for the protection of the
title to the land which
said release was never entered of record but was kept by the agent of said
that said
was no release at all, and acted upon such hypothesis: Sixth, That said judgment was kept
a foot in fraud of the complaint in this cause; Seventh, That in the year eighteen hundred
and forty eight, said defendant
the said sole heir of said
letters of administration were granted to defendant
County of St Louis, State of Missouri, upon the estate of
month of
Tenth, That said judgment as revived was presented in the Probate Court for allowance by the said
the same was fraudulently procured to be allowed and was allowed on the
teen hundred hundred and fifty two
seventy two dollars and thirty four cents, and placed in the fourth class of claims allowed against
the estate of
Term, eighteen hundred and fifty two
in favor of this complainant
amounting to ten thousand two hundred and forty four dollars and sixty seven cents, for moneys
paid by this complainant upon the aforesaid judgment against said
complainant, and the said claim so allowed was placed in the fifth class of claims allowed against
said estate of
are any other debts owing by said estate than the said judgments and allowances: Thirteenth,
That property to a large amount belonging to said estate of
hands of said
said
sell real estate belonging to the estate of said
Term, eighteen hundred and fifty two
such property and recovered therefor the sum of Seven thousand six hundred and thirty dollars and
that at the
sold the property belonging to said estate for which he received the sum of nine hundred and fifty
seven dollars: Fifteenth, That nothing has ever been paid upon said judgment allowed in favor
of said
eighteen hundred and fifty seven of said Probate Court said defendant,
settlement of his administration of the estate of said
mains in his hands seven thousand four hundred and ten dollars and fifty five cents, assetts
of said estate, of which sum seven hundred and seventy two dollars are the proceeds of sale of
lands excepted in said instrument of release from the operation of said release. Seventeenth,
That there remains in the hands of the administrator,
five cents, independent and exclusive of the proceeds of sale of said one by forty arpents of land
and said one by five arpents of land spoken of and excepted in said share: Eighteenth, That the
said Probate Court at the time of said final settlement ordered said
assetts of said estate of
placed in the fourth class of claims allowed against said estate: Nineteenth, that said judg
ment allowed agianst the estate in favor of said
fourth class and is much more than enough to exhaust all the assetts of the estate: Wherefore,
it is ordered adjudged and decreed by the Court that the order made by the Probate Court in
and for the County of St Louis directing said
said
class the assetts in his hands, be annulled, set aside aside and revoked, except the payment of
seven hundred and seventy two dollars: and it is further ordered adjudged and decreed that the
judgment of thirty four thousand seven hundred and seventy two dollars and fifty four cents
allowed in favor of
the estate of
estate be postponed to the claim allowed against said estate in favor of
placed in the fifth class and that the said
assetts remaining and found in his hands at the time of said final settlement to said
Biddle
decreed that said
dollars and fifty five cents in payment of said claim and allowance of said
the complainant in this cause, so far as the same will go and that the complainant have execution for the
same and his costs. Motions for a review and in arrest filed.
of a deed by him as such sheriff in favor of
the night, title, interest, claim, estate and property of
son
and
St Louis, towit; beginning at a stake in the Western line of United States Survey No 168 and 34
chains 30 links North 82° 15´ West from the North East corner of said survey No 168, thence South
7° West along the central line of a road 40 feet wide 49 chains 8 links to a stone, thence South 82°
75´ East along the central line of said road 5´ chains 42 links, to a post from which an elm tree 14
inches in diameter bears south 45¼° East 123 links, thence along the central line of said road south
7¾° West 18 chains 88 links to a post from which an elm tree bears North 83½° East 59½ links,
thence North 82¾° West 30 chains 60 links to a post, the North West corner of
thence North 7½° East 67 chains 96 links to an old cedar post in the Northern line of servey 168, thence
along the Northern line of said survey South 82° 15´ East 24 chains 95 links to the place of begining
containing 180 acres and 84 hundredths, and being part of United States survey 166, 167, 400, 408,
401, 407, and 168 Town 46 North Range 6 East, bounded North by fractional Section 8, East by
Davis
by virtue of an order of sale made by the St Louis Land Court in a certain cause wherein
S B Edmonson
monson
The motion of the defendant,
considered by the Court it is ordered that the same be sustained
and that the judgment rendered herein be set aside and a new
trial had herein. On motion of the plaintiffs, by their attorney, until the first day of the
next term of this Court is given them to amend their petition.
Bill of Exceptions filed.
Bill of Exceptions filed.
The defendants motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be overruled.
Court met pursuant to adjournment. Present as before.
Order of Publication.
The plaintiff files a petition and also an affidavit according to law from
which it appears that the defendant is a non resident of the State of
Missouri, therefore on motion of the plaintiff, by her attorney it is ordered by
the Court that the said defendant be notified that a civil action has been commenced against
him to obtain a decree of divorce from the bonds of martimony contracted with him by the
plaintiff on the ground of desertion and also for the restoration of her maiden name, and that
unless he be and appear at the next term of this Court to be begun and held at the City of St Louis
on the last Monday of September next and on or before the sixth day there of plead to the peti
tion herein the same will be taken against him as confessed. This further ordered that a copy
hereof be published, according to law, in the Missouri Democrat, a newspaper printed and published
in the City of St Louis.
The parties file a stipulation herein and in accordance there with thirty
days from this date is given the defendants to file a bill of exceptions
herein; and the defendants file an affidavit for an appeal herein where
fore an appeal is allowed them to the Supreme Court from the judgment herein rendered, and
they thereupon file an appeal bond with
The defendants file a bill of exceptions and also an affidavit for an ap
peal herein, whereupon and appeal is allowed them to the Supreme
Court from the judgment herein rendered, and they thereupon file an
appeal bond in the sum of eleven thousand dollars, with
approved by the Court.
The defendant files an affidavit for an appeal, wherefore an appeal
is allowed him to the Supreme Court from the judgment herein
rendered and he thereupon files an appeal bond which is approved
by the Court.
Bill of Exceptions filed by plaintiffs.
On motion of the plaintiffs, by their attorney it is orderd by the Court
that this cause be referred to
to hear the proofs adduced before him, and to report to the Court
with all convenient with all convenient speed, what was the amount of the captial stock of
the
of August, eighteen hundred and fifty one
on said day; what was the amount of the capital stock of said Company actually paid in
on the
of the debts of said Company on said last named day:- And it is further ordered that said
referee have access to all the books and papers of said Company in order to enable him to
report herein.
Alias Summons ordered to issue herein.
On Bills of Exchange.
It is ordered by the Court that the orders made on the
nine
against the defendants be vacated and set aside,
and the Court proceeding to render in the cause such
judgment as is right and proper doth consider that
the said plaintiffs do recover against the said
amount of each of said bills of exchange in the petition described together with ten per cent damages
and interest, and that the said plaintiffs do recover against said
ander Peterson Jr
ten per cent damages and interest thereon from the third day of
fifty seven
cents, together with their costs herein expended and have execution therefor.
The plaintiff motion to retax the costs herrein being heard
and fully considered by the Court it is ordered that the
same be overruled.
On motion of the plaintiff, by their attorney, thirty days is given them
to amend.
The Court having duly heard and considered the plaintiff motion for
an attachment against the defendant doth order that an attachment
issue against the defendant for failing to obey the order of injuction
herein, in accordance with the said application.
The defendants motion to set aside the judgment herein is, on consideration,
by the Court, overruled.
The defendant
heard and fully considered by the Court, it is ordered that the same
be overruled; and the motion of the defendant,
herein and also his motion in arrest of judgment being heard and fully considered by the Court
it is ordered that the said motion be overruled.
Judgment of the Supreme Court on motion to stay execution of sentence
filed.
Bill of Exception filed.
Bill of Exception filed.
Bill of Exception filed.
Bill of Exception filed.
Bill of Exception filed.
The defendants' motion for a new trial herein being heard and fully
considered by the Court it is ordered that the same be sustained and
the judgment herein rendered be set aside and a new trial had herein.
On motion of the plaintiff, by his attorney, leave is given him
to retake the depositions of
The plaintiff motion to set aside the non suit herein being heard and
fully considered by the Court it is ordered that the same be overruled.
Bill of Exception filed.
Denial of Answer filed.
On motion of the plaintiff, by his attorney, it is ordered that a summons
issue herein for
Court met pursuant to adjournement. Present as before.
The defendants file an affidavit for an appeal whereupon an
appeal is allowed them to the Supreme Court from the judgment
herein rendered and they thereupon file on appeal bond with
W Clarke
as securities which bond is approved by the Court.
The defendants file an affidavit for an appeal whereupon an appeal
is allowed them to the Supreme Court from the judgment herein
rendered and they thereupon file an appeal bond in the sum of
six hundred dollar, with
M Ghee
On Petition of
The petitioners file an affidavit for an appeal, wherefore an
appeal is allowed them to the Supreme Court from the
decision herein rendered.
Petition for Injunction.
Now at this day come the parties by this respective attorneys,
and submit to the Court upon the petition answer proofs, and
the Court being fully advised of and concerning the said cause
doth find the facts to be as follows, towit; that said
Engel
and fifty two
ine Engle
eighteen hundred and fifty seven; that said
personal property described in the petition being of the value of sixty four dollars and fifty cents;
that at the time of his death he was also entitled to and possessed of large amounts of money
the amount of which does not appear with exactness from the evidence but exceeds the sum of
one thousand dollars; that he also died entitled to and possessed of divers choses in action and of
the following described lease hold estate, towit; in
in the County of St Louis in Block no 254 fronting ninety eight feet on the North side of
leased to
Franklin Avenue, and on the West by a fifteen feet alley together with all the improvements
on the same; that at the time of the death of said
our possession and control in without any legal authority, all of said personal property, moneys,
choses in action and lease hold property and covered the same to her own use; that said leasehold
property was held by said
O Fallon
a covenant for a renewal of the same for a renewal of the same for the space of five year longer
provided the coverant for the payment of rent and taxes therein reserved, were faithfully kept
and performed; that said degendant
Engel
October, eighteen hundred and fifty two
existence of the term of oresaid; that she not apply for any reneval of said lease, but that on
the
to lease and demise the leasehold premises aforesaid to her for the term of twenty year from
that date, at the annual rent of give hundred dollars, she paying all taxes and assessments;
that said
year last afore said, for the term of twenty years; that said defendant,
of said
of her marriage with said
the use of said leasehold cetate and has piad the ground rent and taxes reserved in said lease
and also after the
rent and taxes due in the
eighteen hundred and fifty three
said lease from said
said
appropriated to her own use the purchase money and consideration therefor; that since her
said marriage wih said
collected said rent and profits, and paid said ground rent and taxes up to the date of the
institution of this suit; and that said
her marriage with said
have used and lent the money belonging to the cotate of said
own use the interest and profit thereof: and the Court doth further find that the said defen
dant
and said
as executrix and executor of the estate of said
any legal authority in all the matters and things abovesaid and that the palintiff
was on the
sole lawful administrator of the estate of said
order adjudge and decreas that the injunction heretofore granted against the said defendants and
their agents and servants be made perpetual excepting asto the collection of the rento and profits of
the leasehold estate and the use and occupation thereof; that the said defendant do deliver upto
said
so set forth in the pleadings; that
missioner to take and state an account of all the money belonging to said estate and the use
and profits thereof which have come to the hands of said defendants or either of them and of
the rents and profits of the leasehold estate abovesaid up to
and fifty eight
have come to the hands ofsaid defendant or either of them and of any money which defen
dants or either of them have expended in and about the premises; and said Commissioner shall
report the same to the Court with all conveneint speed: and the Court doth further order
adjudge and decree that the Receiver, heretofore appointed in this cause, do pay over to said
defendants all rents and money which he may have collected by virtue of his receivership
and upon such payment shall be discharged. The Court doth also reserve its final decree
in this cause until the incoming and approval of the report of said Commissioner.
The Defendat files a bill of exceptions herein and also an affidavit and prays
the Court for an appeal, whereupon an appeal is allowed him to the
Supreme Court from the judgement herein rendered: and thereupon
S Chouteau
Court ackknowledge themselves to owe
levied of their respective goods and chattels lands and tenements, Yet, upon the following conditions,
towit; that if the appellant herein will prosecute his appeal with due diligence to a decision in
the Supreme Court, and shall perform such judgment so shall be given by the Supreme Court,
or such asthe Supreme Court may duict the Circuit Court to give; and if the judgment of such
Court, or any part thereof be affirmed, that he will comply with and perform the same so far
as it may be affirmed, and will pay all damages and costs which may be awarded against
the appillant by the Supreme Court, then this recognigance to be void else of full force and effect.
The defendant
defendant,
vit for an appeal, wherefore an appeal is allowed him to the
Supreme Court from the judgment herein rendered.
The defendats file a motion to set aside the judgment rendered on
the twenty third instant and a motion in arrest of said judgment
which being seen heard and fully understood by the Court it
is ordered that the said motions and each of them be and the are hereby overruled. Thereupon
the defendants file a bill of exceptions herein.
On motion of the plaintiffs, it is ordered that this cause be dismissed
at their costs and that execution issue therefor.
Bill of Exceptions filed.
The Court and its the accounts of the Commissioners appointed to exam
mine into the affairs of the Country of St Louis and allows
and
each and
to this date and orders that the said amounts be certified to the St Louis Country Court
for payment.
Now comes the Sheriff of St Louis Country with the writ of attachment
issued herein and the body of said defendant, and the said defendant
having purged himself of contempt, it is ordered by the Court that
he be discharged from custody under said unit upon the payment of the costs thereof.
On motion of the a assignee herein the Court appoints
the property and effects assigned.
Stipulation filed. Bill of Exceptions filed by consent.
By consent of parties twenty days is given the plaintiff to file
a bill of exceptions herein.
On motion of the plaintiff, by her attorney, it is ordered that this cause be dis
missed.
Assignment of judgment to
Bill of Exceptions filed.
Court met persuant of adjournment. Present as before.
statement from which it appears that he has seized the said
steamboat under certain warrants issued from this Court
and that five days have elapsed and no person has given bond according to law.
Therefore it is ordered that said Sheriff sell said boat by public auction to the
highest bidder for cash first giving twenty days public notice of the time and place
of sale by publication according to law.
Injunction.
Now come the parties by their attorneys, and on mo
tion of the defendants it is ordered by the Court
that the entry made herein on the twenty fourth
instant be and the same is hereby amended
so as to disolve so much of the injuction as
restrains the defendants from collecting or receiving the rents and profits of the leasehold
property and buildings in the petition and answer mentioned and from in any wise
interfering or intermeddling with said leasehold property and buildings or disposing
thereof in whole or in part by sublease or otherwise and from occupy the same or
any part thereof.
The defendants filed bill of exceptions and also an affida
vit for an appeal, whereupon an appeal is allowed them to
the supreme Court from the judgment herein rendered and
they thereupon file an appeal bond in the sum of six hundred dollars with
principal and
The defendants and the Commissionser
and
the Commissioners to withdrawn their report herein, which being
seen heard and fully considered by the Court, it is ordered that the same be sustained,
and that they have leave to withdrawn said report.
The Court audits and allows an account of
sum of one hundred and ninety three dollars and twenty five cents afort his attendanace
for stationary furnished to the Court during the present therein thereof and orders that
the same be certified to the Country Court for payment.
Be it Remembered, that at a term of the St Louis Circuit
Court begun and held at the City of St Louis, within and for the County
of St Louis, on the last Monday of September, being the twen
ty sixth day of said month, in the year of our Lorde, one thousand eight hundred and fifty nine, were
present Honorable
S Cerre
The Honoroable
and orders that the same be entered upon thereand of this day.
The State of Missouri.
To all who shall see these presents, greeting: know ye that it having been
certified to me that
within and for the Eighth Judicial Circuit now therefore in the name and on behalf of the State
of Missouri,
Court within and for the Circuit aforesaid, and authorize and empower him to discharge the duties
of said Office according to law.
In testimony whereof, I have hereunto set my hand, and caused to be affixed the
Great Seal of the State of Missouri: Done at the City of Jefferson this ninth day of August in the
year of our Lord one thousand eight hundred and fifty nine, of the Independence of the United
State the eighty fourth, and of the State of Missouri the thirty eighth.
Be it remembered that on this the
our Lord one thousand eight hundred and fifty nine personally appeared before
me Samuel M Breckinridge of the Country aforesaid, personally known to me, and made oath as
a Judge of the Circuit Court within and for the Eighth Judicial Circuit, he would support the Consti
tution, of the United States and of the State of Missouri, and faithfully demean himself in said
office of judge of said Circuit Court.
Certified the day and year aforesaid.
On motion,
Confession of Judgment.
Now comes the plaintiff, in person, and files the statement
of the defendants confessing themselves indebted to the plaintiff
in the sum of twenty one hundred and ninty seven dollars
and fifty four cents and authorizing the entering up of jud
ment for that amount: therefore it is considered by the
Court that the plaintiff recover of the defendants the debt aforesaid as confessed together with inter
est therein from this date at the rate of ten percent per annum and also his costs herein expended and
have execution therefor against the defendant,
Substitution of Trustee.
It appearing to the satisfaction of the Court from the statement
of
tain deed of trust executed by
January 1851
records of said Country, has departed this life without having completed the performance of the duties
imposed on him by said deed of trust; it is therefore orderd that
County be and he is hereby appointed trustee in
ers and trusts, according to the statute in such case made and provided.
Now comes the plaintiff, by his attorney, and files a petition herein,
and the defendant also comes and files his appearance herein as if
personally served with process twenty days before the commence
ment of the present term: wherefore it is ordered by the Court that
this cause be docketed as a return to this term.
The defendant
Answer filed.
The defendant files an answer herein.
Answer filed.
Answer filed.
Answer filed.
The defendant files an answer herein.
Answer filed.
Answer of
Motion for security
for costs filed.
Motion for security for costs filed.
On motion of the plaintiffs, by their attorney, leave is given them to file
an amended petition and an additional affidavit herein, and they
thereupon file the same.
On motion of the plaintiffs, by their attorney, leave is given them to
file a property certified copy of the proceedings and judgment on
which this suit is founded, and they thereupon file the same.
Answer filed.
Interrogatories filed by plaintiffs.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at
their costs and that execution issue therefor.
Answer filed.
Defendants
Bell
On motion of the defendants, by attorney, the time for answering herein is
extended six days.
On motion of the defendants, by attorney, the time for answering herein is exten
ded six days.
Answer filed.
Answer filed.
Answer filed.
The defendant
Answer filed.
Answer filed.
Answer filed.
Answer filed
Demurrer filed.
Demurrer filed.
Answer of
Plea in abatement filed.
Answer filed.
Motion to dismiss filed.
Answer filed.
Now comes the plaintiff, by her attorney, and files proof satisfactory to the Court
that the order of publication made herein has been duly published according
to law.
Plea in abatement filed. The judge of this Court being one of the
counsel in this cause, it is ordered that the venue be changed to
the St Louis Court of common Pleas, and that the Clerk of this
court caused to be filed in the Office of the Clerk of said Court
all the original papers herein, together with a certified copy of this entry.
The Judge of this Court being of counsel in this cause, it is ordered that the
reduce herein be changed, to the St Louis Court of Common Pleas, and that the
Clerk of this Court cause to be filed in the Office of the Clerk of said Court
all the original papers herein together with a certified copy of the proceedings herein.
Now come the plaintiffs, by their attorney, and file proof satisfactory
to the Court that the order of publication made herein in vacation has
been duly published according to law.
On motion of the plaintiff, by his attorney, leave is given the Sheriff to
amende his return on the writ of attachement herein.
By consent of parties, it is ordered by the Court that this cause be dis
missed at the plaintiffs costs and that execution issue therefor.
Motion to compel plaintiffs to consolidate suits filed.
Motion to compel plaintiffs to consolidatte suits filed.
Motion to compel plaintiffs to consolidate suits filed.
Motion to dismiss suit filed.
Motion to dismiss suit filed.
Answer filed. Affidavit for security for costs filed.
Motion to compel plaintiffs to consolidate suits filed.
Answer filed.
Motion to dismiss suit filed.
Motion for additional bond filed.
Answer filed.
Demurrer filed by defendant
Motion to dismiss suit filed.
Answer filed.
Motion to dismiss suit filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Plea in abatement filed.
Answer filed.
Answer of
Answer filed.
Answer filed.
Plea in abatement filed.
Interrogatories filed.
Interrogatories filed.
The plaintiff files a petition herein.
Answer filed.
Answer of
Plea in abatement filed.
Answer of
Answer of
Transcript from St Louis Criminal Court filed.
Now at this day come the parties, by their attorneys,
and the Court being sufficiently advised of and concern
ing the law a using in this case, as agreed by the
parties, and submitted for decision, and having had
therefore mature deliberation is of the opinion the law
is with the said
give obedience to the said order of the said Board of County commissioners of St Louis County and
in his refusal to receive for issue County Warants as set out in said case as agreed. It is therefore
considered ordered and a judged that said order of the said Board of County Commissioners of
St Louis County so far as the same affects the said
in the dishcarge of his official duties, and so far as the same requires of him as such auditor to
receive and issue and take receipts for the County Warrants, be and the same is hereby annulled
and held for nought, and the said
the same.
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
this cause be dismissed at his costs and that execution issue therefor.
Dismissal.
On motion of plaintiff, by attorney, it is ordered by the Court that this cause
be dismissed at his costs and that execution issue therefor.
By consent until the
By concert until the
On motion of defendant, by attorney, until the
answer herein.
On motion of the defendant,
time is given him to answer herein.
On motion of the defendants, by their attorney, until the
October
On motion of the defendant,
October
Now comes the plaintiff, by her attorney, and files proof satisfactory to the
Court that the order of publication made herein has been duly published
according to law.
Confession of judgment.
Now comes the defendant and files his duly shown statement confessing himself
indebted to the plaintiff in the sum of two thousand dollars and authorizing the
entering up of judgment for that amount therefore it is considered by the Court
that the plaintiff recover of teh defendant the debt aforesaid as confessed and his costs herein expen
ded and have execution therefor.
Motion for security for costs filed. The plaintiff files a bond for costs with
Answer filed.
Answer filed.
Answer filed.
The defendant Rokes files an answer herein.
The plaintiff file interrogatories to said garnishees.
The plaintiff file enterogatories to and garnishees.
Interrogatories filed.
Interrogatories filed.
Interrogatories filed.
Answer of
Answer filed.
Motion to discharge garnishee and
dismiss proceedings filed.
Plea in abatement filed
Demurrer filed.
Answer filed.
Demurrer filed.
Answer of
Burke
Plea in abatement filed.
Answer filed.
Answer filed.
Answer filed by
Interrogatories filed.
Interrogatories filed.
Answer filed.
Answer and exhibit filed.
Answer and Exhibit filed.
Answer filed.
Answer and Counter claim filed by defendant.
Demurrer filed by
filed by same defendants.
Answer of
Answer filed.
Answer of
Motion to dissolve
injuction filed. Answer
filed by
Answer filed.
Plea in abatement filed.
Motion for security for costs filed. Motion to strike out parts of petition filed.
Answer of
Answer filed.
Demurrer filed.
Motion for security for costs filed.
Interrogatories filed.
Answer filed.
Answer filed.
Depositions for plaintiff opened and filed.
Depositions for defendants opened and filed.
Answer filed.
Demurrer filed by
Answer filed.
Deposition for defendant opened and filed.
Answer of
Separate answers filed.
Answer of
Interrogatories filed.
Answer of
Answer filed.
Answer of
Answer filed.
Answer filed.
Answer filed.
Exhibits filed.
Answer of
Answer of
Answer filed.
Answer of
Answer of
Answer filed.
Answer of
and
Answer of
Answer filed.
Answer of
Answer filed.
Answer filed.
Answer of
Exhibits A & B filed.
Demurrer filed.
Answer filed.
Answer filed.
Interrogatories filed.
Answer filed.
Interrogatories filed.
Answer filed.
Interrogatories filed.
Answer filed.
Answer filed.
Demurrer filed.
Answer filed.
Demurrer filed.
2d amended petition filed.
Plea in abatement filed.
Plea in abatement
filed.
Defendants
file an answer herein.
Plea in abatement filed.
Answer filed.
Motion to dismiss filed.
Answer filed.
Defendants
Answer and
Answer filed.
Answer filed.
Answer filed.
Demurrer filed.
Answer of
and
Answer of
Answer filed.
Court met pursuant to adjournment. Present as before.
Now comes the plaintiff, by their attorney, and file proof satisfac
tory to the Court that a copy of the petition herein with a no
tice of the commencement of this suit has been duly served
upon the defendant
Now comes the plaintiffs, by thier attorney, and file proof satisfac
tory the Court that a copy of the petition with a notice of the
commencement of this suit has been duly served upon the defen
dant
Now comes the plaintiff by attoreny, but the defendant
Tyler
default, wherefore, on motion of the said plaintiff, it is ordered by the
Court that the petition herein be taken against thesaid defendant as confessed.
Garnishees discharged.
On motion of the plaintiff, by attorney, it inordered that the garnishees
summoned herein be discharged attheir costs and that execution force therefor.
Now come the plaintiff, by attorney, but the defendants,
make default, wherefore the petition herein is taken against them as confessed.
On motion of
by affidavit his answer, and same is done.
On motion ten days given the defendants to plead herein.
Now comes the plaintiff, by attorney, but the defendant,
staedtter
default, wherefore the petition herein is taken against him as confessed.
Now comes the plaintiff, by his attorney, but the defendants
J Miltenberger
called come not but make default, wherefore, on motion of the
plaintiff, the petition herein is taken against the said defendants as confessed.
On motion of the defendant, by attorney, three weeks additional
time is given to answer herein.
Now comes the plaintiff, by his attorney, but the defendant,
Kerzinger
default, wherefore, on motion of the plaintiff, it is ordered by the Court
that the petition herein be taken against the said defendant as confessed.
Now comes the plaintiffs, by their attorney, but the defendant
gan
default, wherefore, on motion of the plaintiff, it is ordered by the Court
that the petition herein be taken against the said defendant as confessed.
Now comes the plaintiff, by his attorney, but the defendant
although duly summoned and called comes not but makes default,
wherefore the petition herein is taken against him as confessed.
Now comes the plaintiff, by his attorney, but the defendants
the petition herein is taken against them as confessed.
Now comes the plaintiff by his attorney, but the defendants,
and
wherefore the petition herein is taken against them as confessed.
Now come the plaintiff, by their attorney, but the defendants,
Williams
come not but make default, wherefore, on motion of plaintiffs, the peti
tion herein is taken against them as confessed.
Now comes the plaintiff, by its attorney, but the defendant
although duly summoned and called makes default, where
fore the petition herein is taken against him as confessed.
Now comes the plaintiff, by his attorney, but the defendants,
petition herein is taken against them as confessed.
Now comes the plaintiff, by his attorney, and withdraws account mentioned
in the third count of the petition herein, and on his motion, leave is given
to withdraw the bill of items filed; but the defendant,
although duly summoned and called comes not but makes default, wherefore, on motion of said
plaintiff, the petition herein is taken against said defendant as confessed.
Motion to strike out fact of answer filed.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the
defendant
On motion of the plaintiff, by his attorney, it is ordered by the Court that
this cause be dismissed asto
On motion of the plaintiff, by his attorney, it is ordered by the Court that
this cause be dismissed asto
The plaintiff files a bond for costs herein with
which bond is approved.
Now come the attorneys for plaintiff, and suggest to the Court the death of said
plaintiff; thereupon comes
Eddy
Now comes the plaintiff and files proof if service of the petition herein upon the
defendant.
Now comes the defendants, by their attorney, and withdraw there demurrer and
by leave of Court, first had and obtained, file an answer herein.
On motion of the plaintiff, by its attorney, it is ordered by the Court that
this cause be dismissed at their costs and that execution issue therefor.
On motion of the plaintiff, by their attorney, it is ordered by the Court, that this
cause be dismissed at their costs and that execution issue therefor. Note with
drawn by plaintiffs, by leave of Court.
Plea in abatement filed.
Dermurrer filed.
Answer of
Answer filed.
By leave of Court, first obtained, the plaintiff files an amended petition herein.
Demurrer to petition filed.
Interrogatories filed.
Interrogatories filed.
Answer filed.
Answer filed.
Interrogatories filed.
Interrogatories filed.
The defendants file seperate answers herein.
The plaintiff files interrogatories herein against
the said garnishees.
Motion for leave to bring notes sued on into Court filed.
Motion for leave to bring notes sued on into Court filed.
Depositions opened and filed.
Interrogatories filed.
The plaintiff files interrogatories herein.
Answer filed.
Answer filed.
Amended petition filed, three demances to amended petition filed.
Motion to strike out part of answer filed.
Motion for judgment filed.
Answer of
Interrogatories filed.
Answer filed.
The defendant
Interrogatories filed.
Interrogatories filed.
Interrogatories filed.
Interrogatories filed.
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, comes not but makes default, where
fore the petition herein is taken against him as confessed; and
the Court finds from the notes on which this action is founded
that the defendant is indebted to the plaintiff in the sum of eighteen hundred and seven dollars and thirty
cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt afore
said as found and his costs herein expended and have execution therefor and it is ordered that this judg
ment bear interest at the rate of ten per cent per annum until paid.
On note.
Now come the plaintiff, by their attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore the petition herein
is taken against then as confessed, and the court finds from the note on
which this action is founded that the defendants are indebted to the plain
tiffs in the sum of five hundred and sixty seven dollars and sixty four cents.
It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid and
their costs herein expended and have execution therefore and it is ordered that this judgment bear interest
at ten per annum.
On Note.
Now comes the plaintiff, by attoreney, and dismisses this suit
as to the defendant,
and
default, wherefore the petition herein is taken against them as confessed.
and the Court finds from the note on which this action is founded that the defendedants are indebted
to the plaintiff in the sum of two hundred and thirty five dollars and nineteen cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and its costs
herein expended and have execution therefore.
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called comes not but make default, wherefore
the petition herein is taken against them as confessed; and the Court finds
from the instrument in writing on which this action is founded that the
defendants are indebted to the plaintiff in the sum of four hundred and twenty five dollars and fifty
six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt afore
said and his costs herein expanded and have execution therefor.
On Note.
Now come the plaintiff, by thier attorney, but the defendant makes
default, wherefore the petition herein is taken against him as confessed; and
the Court finds from the note on which this action is founded that the
defendant is indebted to the plaintiff in the sum of One hundred and
ninety dollars and sixty nine cents. It is therefore considered by the Court that the plaintiff recover of
the defendant the debt aforesaid as found and their costs herein expanded and have execution therefor.
On motion of the plaintiff by attorney, it is ordered by the Court that
the petition herein be dismissed at his costs and that exectuion issue
therefor.
On Note
Now comes the plaintiff attorney, but the defendant makes default,
wherefore the petition herein is taken against him as confessed; and the Court
finds from the instrument in writing on which this action is founded that the
defendant is indebted to the plaintiff in the sum of six hundred and fifty dollars and seven cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and
after per cent per annum.
On Note.
Now comes the plaintiff by his attorney, and dismisses this suit as to
the defendant
and called comes not but makes default, wherefore the petition herein
is taken against him as confessed; and the Court finds from the in
strument in writing on which this action is founded that the defendant is indebted to the plaintiff
in the sum of forty one hundred dollars and seventeen cents. It is therefore considered by the Court
that the plaintiff recover of the defendant the debt aforesaid as found and his costs herein expended
and have execution therefor.
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default, whrefore
on motion of plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed: and the Court finds
from the instrument in writing on which this action is founded that the defendants are indebted to the
plaintiff in the sum of three hundred and thirty two dollars and eighty four cents. It is therefore
considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid
as found and his costs herein expended and have execution therefor: and it is ordered that this judg
ment bear interest at the rate of ten per cent per annum.
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default, where
fore, on motion of plaintiff, the petition herein is taken against them
as confessed; and the Court finds from the instrument in writing on
which this action is founded, that the defendants are indebted to the plaintiff in the sum of two
hundred and seventy four dollars and thirty eight cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the debt aforesaid as found and his costs herein expended
and have execution therefore and it is ordered that this judgment bear interest at ten per cent per annum.
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore, on motion of
plaintiff, the petition herein is taken against them a confessed; and the
Court finds from the instrument in writing on which this action is foun
ded that the defendants are indebted to the plaintiff in the sum of two hundred and forty seven dollars
and seventy two cents. It is therefore considered by the Court that the plaintiff recover of the defen
dants the debt aforesaid as found and his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by its attorney, but the defendant although
duly summoned and called, comes not but makes default, wherefore
the petition herein is taken against him as confessed; and the Court
finds from the instrument in writing on which this action is founded
that the defendant is indebted to the plaintiff in the sum of nine hundred and seventy two dollars.
It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as
found and its costs herein expended and have execution therefor.
On Note.
Now come the plaintiff, by their attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the petition
herein is taken against him as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defen
dant is indebted to the plaintiff in the sum of fifteen hundred and fifty six dollars and forty
cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt
aforesaid as found and thier costs herein expended and have execution therefor: and it is ordered that
the judgement bear interest at the rate of ten per cent per annum.
On Note.
Now comes the plaintiff, by attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore, on motion
of plaintiff, the petition herein is taken against them as confessed; and the
Court finds from the instrument in writing on which this action is founded that the defendants are indebted
to the plaintiff in the sum of ninety one dollars and ninety three cents. It is therefore considered by the Court
the plaintiff recover of the defendants the debt aforesaid found and his costs herein expended and have
execution therefore and it is ordered that this judgement bear interest at ten per cent per annum.
On Bill of Exchange
Now comes the plaintiff by its attorney, but the defendants, although
duly summoned and called come not but make default, wherefore the
petition is taken against then as confessed, and the Court finds from
the instrument in writing on which this action is founded that the defen
dants are indebted to the plaintiff in the sum of ten hundred and sixty
dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of the defen
dants the debt aforesaid as found and its costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his attorney, but the defendants although duly sum
moned and called, comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds from the instrument in
writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of
three hundred and nine dollars and eighty six cents. Is it therefore considered by the Court that the
plaintiff recover of the defendant the debt aforesaid as found and his costs herein expended and have
execution therefor.
On note.
Now come the plaintiff, by thier attorney, but the defendants, although
duly summoned and called come not but make default, wherefore, on
motion of plaintiff, the peitition herein is taken against them as confessed,
and the Court finds from the instrument in writing on which this
action is founded that the defendants are indebted to the plaintiffs in
the sum of two hundred and twenty eight dollars and seventy two cents. It is therefor considered
by the Court by the Court that the plaintiff recover of the defendants the debt aforesaid as found
and thier costs herein expanded and have execution therefor.
On motiion of the plaintiff, by his attorney, it is ordered by the Court
that this cause be dismissed at his costs and the execution issue therefor.
On Note
Now comes the plaintiff, by its attorney, and dismisses this suit as to
the defendant,
although duly summoned and called, comes not but makes
default, wherefore, on motion of plaintiff, the petition herein is
taken agianst him as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defendant is indebted to the plain
tiff in the sum of nine hundred and eighty nine dollars and fifty four cents. It is therefore
considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and
its costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their attorney, but the defendants, although
duly summoned and called, make default, wherefore the petition herein
is taken agianst them as confessed, and the Court finds from the
instrument in writing on which this action is founded that the
defendants are indebted to the plaintiff in the sum of three hun
dred and twenty two dollars and sixty cents. It is therefore considered by the Court that
the plaintiff recover of the defendants the debts aforesaid as found and theier costs herein expen
ded and have execution therefor.
On Note.
Now comes the plaintiff, by his attorney, but the defendant, although
duly summoned and called comes not but makes default, wherefore,
on motion of plaintiff, the petition herein is taken against him as
confessed, and the Court finds form the instruments in writing on which this action is founded
the deffendant is indebted to the plaintiff in the sum of seven hundred and ninety eight dollars and ten cents. It is therefore considered
by the Court that the plaintiff recover of the defendant the debt aforesaid as found and his
costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defen
dant, Pride, but the defendants,
and called come not but make make default, wherefore the petition herein is
taken against then as confessed, and the Court finds from the instrument in
writing on which this action is founded that the defendants are indebted to
the plaintiff in the sum of two hundred and seventy dollars and forty four cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his
costs herein expended and have execution therefor.
On Note.
Now comes the plaitiff, by his attorney, but the defendants, although duly sum
moned and called, come not make default, wherefore the petition herein is
taken against them as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendants are indebted
to the plaintiff in the sum of three hundred and eighteen dollars and thirty five cents. It is therefore
considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his
costs herein expended and have execution therefor.
Motion for security for costs and demurrer filed.
On Note.
Now comes the plaintiff, by her attorney, but the defendants although duly
summoned and called, come not but make default, wherefore, on motion
of plaintiff, the petition herein is taken against them as confessed; and
the Court finds from the instruments in writing onwhich this action is
founded that the defendants are indebted to the plaintiff in the sum of three hundred eighty nine
dollars and eighty cents; therefore it is considered by the Court that the plaintiff recover of the defen
dents the sum aforesaid as found and her costs herein expended and have exectuion therefor; and it is
ordered that this judgement bear interest at ten per cent per annum.
On Note.
Now comes the plaintiff, by its attorney, by the defendant, although duly
summoned and called, comes not but makes default, werefore the
petition herein is taken against him as confessed; and the Court finds
from the instrument in writing on which this action is founded that the defendants is indebted to the
plaintiff in the sum of two hundred and thirty eight dollars and eighty three cents. It is therefore
considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form afore
said as found and its costs herein expended and have thereof execution.
On Note
Now comes the plaintiff, by his Attorney, but the defendants, although
duly summoned and called, come not but make default,
wherefore, on motion of the plaintiff, the petition herein is taken against
them as confessed; and the Court finds from the motion which this
is founded the defendants are indebted to the plaintiff in the sum of three hundred
and eighteen dollars and twenty five cents. It is therefore considered by the Court that the plaintiff
recover of the defendants the debt aforesaid as found and his costs herein expanded and have execution therefor.
On note.
Now comes the plaintiff, by her Attorney, but the defendant, althought duly sum
moned and called, comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds from the instrument in writing
on which this action is founded the defendent is indebted to the plaintiff in the sum of twenty five hundred and ninety nine dollars and
twenty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt
aforesaid as found and her costs herein expanded and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds from the instrument in
writing on which this action is founded the defendant is indebted to the plaintiff in the sum of
two hundred and twenty four dollars and thirty cents. It is therefore considered by the Court that
the plaintiff recover of the difendant the sum aforesaid as found and his costs herein expanded and
have execution therefor.
On Note.
Now comes the plaintiff, by its Attorney, but the defendants,
although duly summoned and called, comes not but make
default, wherefore the petition herein is taken against them as
confessed; and the Court finds from the instrument in writing on
which this action is founded that the defendants are indebted to the plaintiff in the sum of two
hundered and fifty three dollars and eighty three cents. It is therefore considered by the Court that
the plaintiff recover of the defendants the debt aforesaid as found and its costs herein expended and
have execution therefor.
On Bill of Exchange.
Now comes the plaintiff, by its Attorney, and dismisses this
suit as to the defendants
called, come not, but make default, wherefore the petition
herein is taken against them as confessed; and the Court
finds from the instrument in writing on which this action
is founded that the defendants are indebted to the plaintiff in the sum of Sixteen hundred and
seventy four dollars and seventy five cents. It is therefore considered by the Court that the plaintiff re
cover of the defandants the debt aforesaid as found and its costs herein expended and have execution therefor.
On Note
Now come the plaintiff, by their Attorney, but the defendant, although duly
summoned and called comes not but makes default, whrerefore, on motion
of plaintiff, it is ordered by the Court that the petition herein be taken against
the said defendant as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of
two hundred and forty one dollars and ninety three cents; therefore it is considered by the Court that the
plaintiffs recover of the defendant the debt aforesaid as found and thier costs in this behalf expended
and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, and dismisses this suit acts the defen
dant
summoned and called, come not but make default, wherefore the petition
herein is taken against them as confessed; and the Court finds from the
instrument in writing on which this is founded that the defendants are
indebted to the plaintiff in the sum of four hundred and forty five dollars and forty cents. It is
therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found
and his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned
and called, comes not but makes default, whrefore the petition herein is taken
against him as confessed; and the Court finds from the instrument in writing on
which this action is founded that the defendant is indebted to the plaintiff in the sum of one hundred
and sixty six dollars and forty five cents. It is therefore considered by the Court that the plaintiff recover
of the defendant, the debt aforesaid, as found and his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherfore, the petition herein
is taken against him as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of
two hundred and ninety dollars and fourteen cents. It is therefore considered by the Court that the plain
tiff recover of the defendant the debt aforesaid as found and his costs herein expended and have there of execu
tion: and is ordered that this judgment bear interest at twelve per cent per annum.
On Bill of Exchange.
Now come the plaintiff, by this Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the petition
herein is taken against him as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defendant
is indebted to the plaintiffs in the sum of four hundred and two dollars and seventy five cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found
and thier costs herein expended and have execution therefor.
On Bills of Exchange.
Now come the plaintiff, by thier Attorney, but the defendants, although duly
warned and called, come not but make default; wherefore the petition herein
is taken against them as confessed; and the Court finds from the instruments
in writing on which this action is founded that the defendants are indebted to
the plaintiff in the sum of thirty eight hundred and ninety four dollars
ninety four dollars
Court that the plaintiffs recover of the defendants the debt aforesaid as found and their costs herein
expended and have execution therefor: and it is ordered that the Sheriff pay the proceeds of the sale
of the property attached to the plaintiffs, after paying the costs herein.
On Note.
Now comes the plaintiff by his Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore, on motion of
plaintiff, the petition herein is taken against the defendant as confessed; and
the Court finds from the instrument in writing on which this action is founded that the defendant
is indebted to the plaintiff in the sum of four hundred and forty seven dollars and seventy five cents.
It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as
found and his costs herein expended and have thereof execution: and it is ordered that this judgment
bear interest at the rate of nine per cent per annum.
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the petition herein is ta
ken against him as confessed; and the Court finds from the instrument in
writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of
five hundred and seventy nine dollars and thirty cents. It is therefor considered by the Court that
the plaintiff recover of the defendant the debt aforesaid as found and his costs herein expended and
have execution therefor.
On Note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the petition
herein is taken against him as confessed; and the Court finds from the in
strument in writing on which this action is founded that the defendant is
indebted to the plaintiffs in the sum of two hundred and seventy five dol
lars and sixty two cents. It is therefore considered by the Court that the plaintiffs recover of the defen
dant the debt aforesaid as found and their costs herein expended and have execution therefor.
On Notes.
Now comes the plaintiff, by Attorney, but the defendants, although duly
summoned and called come not but make default, wherefore the petition
herein is taken against them as confessed; and the Court finds from
the instruments in writing on which this action is founded that the defen
dants are indebted to the plaintiff in the sum of the hundred and
twenty three dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover
of the defendants the debt aforesaid in form aforesaid as found and also its costs in this behalf
expended have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, and dismisses this suit as to the defendant,
called, come not but make default, wherefore the petition herein is taken against
them as confessed; and the Court finds from the instrument in writing on which
this action is founded that the defendants are indebted to the plaintiff in the sum
of Eleven hundred and nineteen dollars and twenty five cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the debt aforesaid and also his costs herein expended and have
execution therefor; and it is ordered that this judgement bear interest at ten percent per annum.
Confession of judgement.
Now comes the defendant and files his sworn statement confess
ing himself indebted to the plaintiffs in the sum of five hundred
and ten dollars and forty two cents and authorizing the entering up
of judgment for that amount. It is therefore considered by the Court that the plaintiffs recover
of the defendant the debt aforesaid as confessed and their costs herein expended and have ex
ecution therefor: and it is ordered that this judgment bear interest at ten percent per annum.
On note.
Now come the plaintiffs, by their Attorney, but the defendants
although duly summoned and called, come not but make de
fault, wherefore the petition herein is taken against them as
confessed; and the Court finds from the instruments in wri
ting on which the action is founded that the defendants are in
debted to the plaintiffs in the sum of five hundred and sixty six dollars and twenty five cents.
It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid
as found and their costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly sum
moned and called, makes default, wherefore the petition herein is taken against
him as confessed; and the Court finds from the instrument in writing on which
this action is founded that the defendant is indebted to the plaintiffs in the
sum of two hundred and eleven dollars and ninety eight cents. It is therefore considered by the
Court that the plaintiffs recover of the defendant the debt aforesaid as found and their costs herein
expended and have execution therefor: and it is ordered that the judgment bear ten percent per annum interest.
On note.
Now come the plaintiffs, by their Attorney, and dismiss
this suit as to the defendants,
but the defendant,
called comes not but makes default wherefore the petition
herein is taken against him as confessed: and the Court
finds from the instrument in writing on which this action
is founded that the defendant is indebted to the plaintiffs
in the sum of ten hundred and forty nine dollars and fifty three cents. It is therefore considered
by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and their costs
herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their Attorney, but the defen
dant although duly summoned and called makes default,
wherefore the petition herein is taken against him as confessed:
and the Court finds from the instrument in writing on
which this action is founded that the defendant is indebted to the plaintiffs in the sum of two thou
sand three hundred and fourteen dollars and ninety four cents. It is therefore considered by the Court
that the plaintiffs recover of the defendant the debt aforesaid as found and their costs herein ex
pended and have execution therefor.
On note.
Now come the plaintiffs, by their Attorney, but the defen
dants, although duly summoned and called come not
but make default wherefore the petition herein is taken
against them as confessed; and the Court finds from
the instrument in writing on which this action is founded that the defendants are indebted to
the plaintiffs in the sum of two hundred and twenty nine dollars and eighty four cents. It is
therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as
found and their costs herein expended that have execution therefor.
On note.
Now comes the plaintiff, by Attorney, but the defendant, although
duly summoned and called comes not but makes default, where
fore, the petition herein is taken against him as confessed; and
the Court finds from the instrument in writing on which this
action is founded that the defendant is indebted to the plain
tiff in the sum of two thousand four hundred and forty dollars and forty cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also
his costs herein expended and have excution therefor.
On note.
Now come the plaintiffs, by thier Attorney, and dismiss this suit as to the
defendant,
and called comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds from the instru
ment in writing on which this action is founded that the defendant is
indebted to the plaintiffs in the sum of three hundred and twenty one
dollars. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt
aforesaid as found and their costs herein expended and have excution therefor.
On note.
Now comes the plaintif by his Attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore the petition herein
is taken against them as confessed: and the Court finds from the instru
ment in writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of six hundred and nineteen dollars and eighty cents. It is there
fore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and
his costs herein expended and have thereof execution.
On note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly
summoned and called come not but make default, wherefore the peti
tion herein is taken against them as confessed: and the Court finds
from the instrument in writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of two hundred and ninety five dollars and
ninety cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt
aforesaid so found and his costs herein expended and have excution therefor.
On note
Now comes the plaintiff by his Attorney, but the defendants, al
though duly summoned and called come not but make default,
wherefore the petition herein is taken against them as confessed; and
the Court finds from the instrument in writing on which this action
is founded that the defendants are indebted to the plaintiff in the sum of four hundred and
seventy six dollars and forty two cents. It is therefore considered by the Court that the plain
tiff recover of the defendants the debt aforesaid as found and his costs in this behalf expended
and have excution therefor.
On note.
Now come the plaintiff, by his Attorney, but the defendant, although duly
summoned and called, comes not but make default, wherefore the peti
tion herein is taken against him as confessed; and the Court finds from
the instrument in writing on which this action is founded that the defendant is indebted to the
plaintiff in the sum of one hundred and eighty nine dollars and forty nine cents. It is therefore
considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found
and his cost herein expended and have excution therefor.
On note.
Now comes the plaintiff, by his Attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
the petition herein is taken against him as confessed; and the Court
finds from the instrument in writing on which this action is founded that the defendant is in
debted to the plaintiff in the sum of two hundred and seven dollars and sixty cents. It is there
fore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as
found and his costs herein expended and have execution therefor: and it is ordered that this judgment
bear interest at ten per cent per annum until paid.
On note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the peti
tion herein is taken against him as confessed; and the Court finds from
the instrument in writing on which this action is founded that the defen
dant is indebted to the plaintiffs in the sum of three hundred and forty five dollars and eighty
four cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt
aforesaid as found and their costs herein expended and have execution therefor.
On note.
Now come the plaintiff, by his Attorney, but the defendants, al
though duly summoned and called come not but make default,
wherefore the petition herein is taken against them as confessed:
and the Court finds from the instrument in writing on which
this action is founded that the defendants are indebted to the
plaintiff in the sum of four hundred and three dollars and eighty two cents. It is therefore consid
ered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and his
costs herein expended and have excution therefor.
On note.
Now come the plaintiffs, by their Attorney, but the defendant, al
though duly summoned and called, come not but make default,
wherefore the petition herein is taken against them as confessed; and
the Court finds from the instrument in writing on which this
action is founded that the defendant are indebted to the plain
tiffs in the sum of twenty one hundred and twenty nine dollars and ten cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and
their costs herein expended and have execution therefor.
On note
Now comes the plaintiff, by his Attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
on motion of plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed; and the Court finds from the instrument in writing on which
this action is founded that the defendants are indebted to the plaintiff in the sum of three hundred
and seventeen dollars and forty cents. It is therefore considered by the Court that the plaintiff recover
of the defendants the debt aforesaid as found and his costs herein expanded and have execution therefor.
On note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly sum
moned and called, come not but make default, wherefore, on motion of plaintiff,
it is ordered by the Court that the petition herein be taken against them as con
fessed; and the Court finds from the instrument in writing on which this ac
tion is founded that the defendants are indebted to the plaintiff in the sum of one hundred and eighty
two dollars and fifty seven cents. It is therefore considered by the Court that the plaintiff recover of the
defendants the debt aforesaid as found and his costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their Attorney, but the defendant,
although duly summoned and called, comes not but makes
default, wherefore, on motion of plaintiffs, the petition herein is
taken against the said defendant as confessed; and the Court
finds from the instruments in writing on which this action is
founded that the defendant is indebted to the plaintiffs in the sum of twenty five thousand two hun
dred and forty seven dollars and forty eight cents. It is therefore considered by the Court that the plaintiffs
recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended
and have execution therefor: and it is ordered by the Court that this judgment bear interest at the rate of
ten percent per annum from this date until paid.
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds from the instrument in
writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of
one hundred and ninety seven dollar and fifty nine cents. It is therefore considered by the Court that
the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and
have execution therefor.
On note.
Now comes the plaintiff, by its Attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
the petition herein is taken against them as confessed; and the Court
finds from the instrument in writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of three
hundred and twenty one dollars and ninety three cents. It is therefore considered by the Court that the
plaintiff recover of the defendants the debt aforesaid as found and its costs in this behalf expended and
have execution therefor.
On Note.
Now at this day comes the plaintiff, by his Attorney,
and dismisses this suit as to the defendants,
Cuddy
moned and called, comes not but makes default, wherefore, on mo
tion of plaintiff, it is ordered by the Court that the petition, herein be taken against the said defendant
as confessed; and the Court finds from the instrument in writing on which this action is founded
that the defendant is indebted to the plaintiff in the sum of six hundred and fourteen dollars
and seventy cents. It is therefore considered by the Court that the plaintiff recover of the defendant
the debt aforesaid as found and his costs herein expended and have execution therefor; and it is
ordered that this judgement bear interest at the rate of ten per cent per annum.
On Note.
Now come the plaintiffs, by thier Attorney, but the defendant although duly
summoned and called, comes not but makes default, wherefore the petition
herein is taken against him as confessed; and the Court finds from the in
strument in writing on which this action is founded that the defendant
is indebted to the plaintiffs in the sum of two hundred and eighty three
dollars and eighty eight cents. It is therefore considered by the Court that the plaintiffs recover of the
defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by thier Attorney, but the defendants al
though duly summoned and called, come not but make default,
wherefore the petition herein is taken against them as confessed;
and the Court finds from the instrument in writing on which
this action is founded that the defendants are indebted to the
plaintiff in the sum of twenty two hundred and seventy six dollars and eleven cents. It is therefore
considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as found and
their costs herein expended and have thereof execution.
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore, the petition
herein is taken agianst him as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defendant is indebted to the plaintiff
in the sum of two hundred and sixty seven dollars and forty nine cents. It is therefore considered by the
Court that the plaintiff recover of the defendant the debt aforesaid as found and his costs herein ex
pended and have execution therefor: and it is ordered that the judgment bear interest at the rate of ten
per cent per annum untill paid.
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore the petition
herein is taken against them as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defen
dants are indebted to the plaintiff in the sum of three hundred and twenty seven dollars and forty one
cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt afore
said as found and his costs herein expended and have excution therefor.
On Note.
Now come the plaintiffs, by their Attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore the petition
herein is taken against them as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defen
dants are indebted to the plaintiff in the sum of two hundred and
forty two dollars and sixty eight cents. It is therefore considered by the Court that the plaintiff recover
of the defendants the debt aforesaid as found and thier costs herein expended and have execution therefor.
On Certificates of Deposit.
Now come the plaintiffs, by their Attorney, and dismiss this suit as to the defen
dants,
come not but make default, wherefore the petition herein is taken agaisnt them
as confessed; and the Court finds from the instruments in writing on which this
action is founded that the defendants are indebted to the plaintiff in the sum
of three thousand and ninety two dollars. It is therefore considered by the Court
that the plaintiff recover of the defendants the debt aforesaid as found and his costs herein expended and
have execution therefor: and it is ordered that this judgement bear interest at the rate of ten per cent per
annum from this date until paid.
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly sum
moned and called, come not but make default, wherefore the petition herein
is taken against them as confessed; and the Court finds from the instru
ment in writing on which this action is founded that the defendants are in
debted to the plaintiff in the sum of four hundred and forty one dollars and sixty nine cents. It is there
fore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his
costs herein expended and have execution therefor: and it in ordered that this judgment bear interest at the
rate of nine per cent per annum.
On Note.
Now comes the plaintiff, by his Attorney, but the defendant,
cher
fault, wherefore the petition herein is taken against him as confessed; and
the plaintiff dismisses this suit as to
finds from the instrument in writing on which this action is founded that the defendant,
Belcher
therefore considered by the Court that the plaintiff recover of the said defendant the debt aforesaid
as found and his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, and dismisses this suit as to the defen
dant
come not but make default, wherefore the petition herein is taken against them
as confessed; and the Court finds from the instrument in writing on which
this action is founded that the defendants are indebted to the plaintiff in the
sum of five hundred and forty four dollars. It is therefore considered by the
Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs herein
expended and have execution therefor: and it is ordered that this judgment bear interest at ten per
cent per annum.
On Note.
Now comes the plaintiff, by Attorney, but the defendant, although
duly summoned and called, comes not but makes default,
wherefore the petition herein is taken against him as confessed,
and the Court finds from the note herein that the defendant
is indebted to the plaintiff in the sum of two hundred and forty dollars and eighty cents. It is there
fore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found
and his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the
petition herein is taken against him as confessed; and the Court finds
from the instrument in writing on which this action is founded that the defendant is indebted to the
plaintiff in the sum of three hundred and seventy one dollars and forty cents. It is therefore consid
ered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and his costs
herein expended and have execution therefor: and it is ordered that this judgment bear interest at the note
of ten per cent per annum.
On Note.
Now come the plaintiffs, by thier Attorney, and dismiss this suit as to the
defendant
and called comes not but makes default, wherefore the petition herein is ta
ken against him as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendant is indebted to
the plaintiffs in the sum of two hundred and thirty dollars and sixty nine
cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt afore
said as found and their costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by his Attorney, bond dismiss this suit as to the de
fendant,
called come not but makes default, wherefore the petition herein is taken
against them as confessed; and the Court finds from the instrument in
writing on which this action is founded that the defendants are indebted
to the plaintiff in the sum of fourteen hundred and twenty six dollars and twenty nine cents. It is
therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as
found and his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, and dismisses this suit as to
Hopkins
default, wherefore the petition herein is taken against him as confessed; and
the Court finds from the instrument in writing on which this action is founded
that the defendant is indebted to the plaintiff in the sum of one hundred and eighty four dollars
and thirty six cents. This therefore considered by the Court that the plaintiff recover of the defendant
the debt aforesaid as found and his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore, on motion
of plaintiff, it is ordered by the Court that the petition herein be
taken against them as confessed; and the Court finds from the instru
ment in writing on which this action is founded that the defendants are indebted to the plaintiff in
the sum of thirteen thousand four hundred and forty dollars and thirty cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendants the said debt of thirteen thou
sand four hundred and forty dollars and thirty cents in form aforesaid as found and also his
costs in this behalf expended and have execution therefor.
On Notes.
Now come the plaintiffs, by their Attorney, but the defendant, although duly
summoned and called makes default, wherefore the petition herein is taken
against him as confessed; and the Court finds from the instruments in wri
ting on which this action is founded that the defendant is indebted to the
plaintiffs in the sum of nine hundred and sixteen dollars and eighty one cents. It
is therefor considered by the Court that the plaintiffs recover of the defendant the debt aforesaid
as found and their costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their Attorney, but the defendants,
although duly summoned and called, make default, where
fore the petition herein is taken against them as confessed;
and the Court finds from the note herein that the defendants
are indebted to the plaintiffs in the sum of ten hundred
and eighty six dollars and eighty cents. It is therefore con
sidered by the Court that the plaintiffs recover of the defendants the debt aforesaid as found and their
costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although
duly summoned and called, make default, wherefore the petition herein
is taken against them as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defen
dants are indebted to the plaintiff in the sum of four hundred and thirty five dollars. It is
therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found
and his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although
duly summoned and called, make default wherefore, the petition herein
is taken against them as confessed; and the Court finds from the
note on which this action is founded that the defendants are indebted
to the plaintiff in the sum of five hundred and twenty six dollars and ninety two cents. It is
therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as
found and his costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their Attorney, and dismiss
this suit as to the defendant,
dant although duly summoned and called, comes not
but makes default, wherefore the petition herein is taken
against him as confessed; and the Court finds from the note herein that the defendant is indebted to
the plaintiffs in the sum of nine hundred and seventy six dollars and sixty four cents. It is therefore
considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as found and
their costs herein expended and have execution therefor: and it is ordered that this judgement bear in
terest at ten per cent annum.
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the petition
herein is taken against him as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defendant is indebted to the plain
tiff in the sum of three hundred and twenty six dollars and eight cents. It is therefore consid
ered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and his
costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their Attorney, but the defendants, al
though duly summoned and called, make default, wherefore the peti
tion herein is taken against them as confessed; and the Court finds
from the instrument in writing on which this action is founded that
the defendants are indebted to the plaintiffs in the sum of four hun
dred and thirty dollars and eighty five cents. It is therefore considered by the Court that the plain
tiffs recover of the defendants the debt aforesaid and their costs herein expended and have execution
therefor; and it is ordered by the Court that this judgement bear interest at ten per cent per annum.
On Note.
Now come the plaintiffs, by their Attorney, but the defendants, although
duly duly summoned and called, come not but make default, wherefore
on motion of the plaintiff, it is ordered by the Court that the petition
herein be taken against them as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defendants
are indebted to the plaintiffs in the sum of two hundred and seventy three dollars. It is therefore
considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form
aforesaid as found and their costs herein expended and have execution therefor: and it is ordered
that this judgement bear ten per cent interest.
Now come the plaintiffs, by their Attorney, and the defendant,
also comes and files an answer herein, but the defendant,
although duly summoned called comes not but makes default,
wherefore the petition herein is taken against him as confessed.
On motion of defendant a dedimus is awarded him to Illinois.
Alias Summons ordered for
Alias Summons ordered for
On motion pluries summons ordered herein.
On motion
rolled as members of this bar.
Sheriff of St Louis County, in Open Court, acknowledges the execution of
a deed as such Sheriff in favor of
interest, claim, estate and property of
premises, to writ; Lots nos forty three (43) and forty four (44) in block no three (3) in rock point addition
to the City of St Louis; the two lots having an aggregate front of fifty feet on the East side of Fifth (5th)
street, and a depth of one hundred and ten feet to an alley fifteen feet wide; said lots are bounded North
by lot no forty two (42) in said Rock point addition, East by an alley fifteen feet wide, South by Dorcas
street; and West by Fifth street being the same lots acquired by said
from
for St Louis County in book 205 page 256 and 7; also a certain price of land being lot in block No one as laid
down in a plat of suburban lots, made by
office of the Recorder of said County of St Louis; said lot containing one hundred feet front on the Eastside
of Prairie Avenue by a depth Eastwardly the same width of two hundred and seventy feet, bounded North
by
by
and recorded in the Office of the Recorder of Said County of St Louis in book 187 at page 424, all lying and
being in the County of St Louis and City of St Louis State of Missouri; sold under and by unitee of two
executions; one issued from the Office of the Clerk of the St Louis Court of Common Pleas returnable to the
tian Engert
and
Sheriff of St Louis, in open Court, acknowledges the execution of a deed as such Sheriff
in favor of
property of
the County and City of St Louis State of Missouri, and at the time of the purchase of the same by
B Gay
lying and being in the town of St Louis, County and State aforesaid and fronting Eastward on Main
Street twenty feet, French measure, bounded Southwardly by a lot occupied by
wardly by the frame building now occupied and owned by the said
of
, French measure; sold by virtue of an Execution issued from the Office of the Clerk of the Clerk of the
St Louis Circuit Court on the
Court met pursuant to adjournment. Present as before.
Interogatories filed.
Answer filed.
On Bill of Exchange.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned
and called, makes default, wherefore the petition herein is taken against him as con
fessed; and the Court finds from the instrument in writing on which this action is
founded that the defendant is indebted to the plaintiff in the sum of three hundred and fifty one dollars
and seventy cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt
aforesaid as found his costs herein expended and have execution therefor.
On motion of plaintiff, by Attorney, it is ordered by the Court that this cause
be dismissed at its costs and that execution issue therefor.
On Notes.
Now come the plaintiff, by their Attorney, but the defendant although duly sum
moned and called, comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds from the instruments in
writing on which this action is founded that the defendant is indebted to the
plaintiffs in the sum of four hundred and fifty five dollars and seventy four cents. It is therefore consid
ered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and their
costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, and dismisses this suit acts
Grant
from the instrument in writing on which this action is founded that they are
indebted to the plaintiff in the sum of two hundred and twenty four dollars
and forty cents. It is therefore considered by the Court that the plaintiff re
cover of the defendants the debt aforesaid as found and his costs herein expended and have execution there
for: and it is ordered that this judgment bear interest at ten per cent per annum.
On motion leave is given the Sheriff to amend herein, and same done by the
addition of a line between return and the name of the Sheriff. Leave is
given to file interrogatories is herein.
The plaintiff files a bond for costs herein, with
approved.
Continued.
On motion, until the
next is given the defendants to plead herein.
Answer filed.
Plea in abatement filed.
Motion to reinstate cause filed.
On motion of the garnishee,
the Court that he be discharged at the costs of the plaintiff and that
execution issue therefor. Five dollars is allowed him for appearing.
On motion of
Hermans
plaintiffs costs and that execution issue therefor. The sum of five dollars is
allowed each of said garnishees for appearing herein.
The defendants
On Note.
Now come the plaintiffs, by their Attorney, but the defendant although
duly summoned, and called, comes not but makes default, wherefore
the petition herein is taken against him as confessed; and the Court
finds from the instrument in writing on which this action is founded
that the defendant is indebted to the plaintiffs in the sum of two hundred and eighty eight dollars
and thirteen and one third cents. It is therefore considered by the Court that the plaintiff recover of
the defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by thier Attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
the petition herein is taken against him as confessed; and the Court
finds from the instrument in writing on which this action is founded
that the defendant is indebted to the plaintiffs in the sum of one hundred and ninety dollars and
forty four cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the
debt aforesaid as found and thier costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by its Attorney, but the defendants, al
though duly summoned and called, come not but make default,
wherefore the petition herein is taken against them as confessed;
and the Court finds from the instrument in writing on which this
action is founded that the defendants are indebted to the plaintiff
in the sum of four hundred and sixty dollars and seventy cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and also its
costs herein expended and have execution therefor; and it is ordered by the Court that this judgment
bear interest at ten per cent per annum until paid.
On Note.
Now comes the plaintiff, by its Attorney, but the defendant, although duly
summoned and called, makes default, wherefore the petition herein is taken
against him as confessed; and the Court finds from the instrument in writing
in which this action is founded that the defendant is indebted to the
plaintiff in the sum of four hundred and two dollars and fifty five cents. It is therefore considered
by the Court that the plaintiff recover of the defendant the debt aforesaid and its costs herein
expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the petition herein is taken
against him as confessed; and the Court finds from the instrument in writing on
which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred
and thirty seven dollars and fifty seven cents. It is therefore considered by the Court that the plaintiff recover
of the defendant the debt aforesaid as found and his costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the pe
tition herein is taken against him as confessed; and the Court finds from
the instrument in writing on which this action is founded that the de
fendant is indebted to the plaintiff in the sum of ten hundred and
sixty six dollars and seventy six cents. It is therefore considered by the Court that the plaintiff recover
of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
On Note.
Now come the plaintiff, by their Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the peti
tion herein is taken against him as confessed; and the Court finds from
the instrument in writing on which this action is founded that the defen
dant is indebted to the plaintiffs in the sum of two hundred eighty seven dollars and ten cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found
and their costs herein expended and have execution therefor: and it is ordered by the Court that this
judgment bear ten per cent interest.
On Note.
Now come the plaintiff, by thier Attorney, but the defendant, although
duly summoned and called, comes not but makes default, wherefore
the petition herein is taken against him as confessed; and the Court
finds from the instrument in writing on which this action is founded
that the defendant is indebted to the plaintiffs in the sum of five hundred and forty four
dollars and fifty four cents. It is therefore considered by the Court that the plaintiffs recover of the
defendant the debt aforesaid as found and their costs herein expended have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned
and called, makes default, wherefore the petition herein is taken against him as confessed;
and the Court finds from the instrument in writing on which this action is founded
that the defendant owes the plaintiff the sum of two hundred and thirty eight dollars and ninety eight cents.
It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid are found
and his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, al
though duly summoned and called, come not but make default
wherefore the petition herein is taken against them as confessed;
and the Court finds from the instrument in writing on which
this action is founded that the defendants are indebted to the
plaintiff in the sum of two hundred and ten dollars. It is there
fore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found
and his costs herein expended and have execution therefor.
Plea in abatement filed.
Plea in abatement filed.
Demurrer filed.
Answer filed.
Motion to strike out answer filed.
Interrogatories filed.
Interrogatories filed.
Court met pursuant to adjournment: present as before.
Answer filed.
Answer of
Defendants
Interrogatories filed.
Answer filed.
On motion of plaintiffs it is ordered by the Court that the garnishees summoned
herein be discharged at their costs and that execution issue therefor.
On motion of garnishees, it is ordered by the Court that they be discharged at the
plaintiffs costs and that execution issue therefor. The said garnishees
Motion for security for costs filed.
Answer filed.
On motion ten days additional time is given to answer herein.
On motion of defendant fifteen additional days are given to answer.
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore the petition
herein is taken against them as confessed; and the Court finds from the in
strument in writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of three hundred and two dollars and fifty eight cents. It is therefore
considered by the Court that the plaintiff recover of the defendants the debt of aforesaid as found and his costs
herein expended and have execution therefor.
On motion of the plaintiff, by Attorney, the time to reply herein is extended ten
days.
By consent one week additional time is given to answer herein.
By consent of parties one week additional time is given to answer herein.
Answer filed.
Answer filed.
Answer filed.
Answer and exhibit filed.
Answer filed.
The plaintiffs file a copy of the petition herein with a notice of the commence
ment of this suit.
On motion of defendants, by Attorney, ten days additional time is given to answer
herein.
Answer filed.
Answer of
Answer of
Plea in abatement filed.
Garnishes
Answer filed.
Answer filed.
Answer filed.
Depositions for plaintiff opened and filed.
Answer filed.
Demurrer filed.
Interogatories filed.
Motion for security for
costs filed.
Answer filed.
Answer filed.
Answer filed.
The plaintiff files a petition for a subpoena duces team whereupon it
is ordered that a subpoena duces team issue to
as prayed for in said petition.
Court met persuant to adjournment. Present as before.
and
The plaintiffs, by Attorney, file proof of service of notice of suit and copy of
petition which is satisfactory to the Court.
who thereupon files his acceptance a such guardianship, and on his motion
ten days additional time is given him to answer.
On motion of defendants, the time for pleading herein is extended one
week: On motion dedimus is awarded plaintiff to Ohio.
On motion of defendant fifteen days additional time is given to plead herein.
On motion of the defendant the time to answer herein is extended one week.
On motion a dedimus is awarded defendent to Ohio.
One motion of defendants, one week additional time is given to plead.
Default.
Now comes the plaintiff, by his Attorney but the defendant,
Berry
default, wherefore the petition is taken against him as confessed.
On motion of the defendant time to and including tenth instant is given him
to plead.
On motion of the defendant time to and including tenth instant instant is given
him to plead.
On motion of the defendant time to and including tenth instant is given
to plead.
On motion of the defendant time to and including tenth instant is given
him to plead.
Agreement filed and by consent until eight instant is given to answer.
On Bill of Exchange.
Now come the plaintiffs, by their Attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore the petition
herein is taken against them as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defen
dants are indebted to the plaintiffs in the sum of two hundred and thirty
one dollars and fifty eight cents. It is therefore considered by the Court that the plaintiffs recover of
the defendants the debt aforesaid as found and their costs herein expended and have execution therefor.
On notes.
Now come the plaintiffs, by their Attorneys, but the defendant, although duly
summoned and called, makes default, wherefore, on motion of the plantiffs,
it is ordered by the Court that the petition herein be taken against him as
confessed, and the Court finds from the instruments in writing on which
this action is founded that defendent is indebted to the plaintiffs in the sum of eigth hundred
and ninety nine dollars and thirty one cents. It is therefore considered by the court that the plain
tiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein
expended and have execution therefor.
emancipation to his slave
about five feet eight inches in height.
Answer filed.
Answer filed.
Answer filed.
The defendant files a demurrer as to part and an answer as to remainder of petition.
The defendant files a motion for time to reply herein.
Answer filed.
The defendants file seperate answers herein.
Answer filed.
Motion to strike out part of answer herein.
Answer filed.
Demurrer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
to his slave
Murder in the first degree.
Now at this day the said defendant being brought into Court assents to and
accepts to the conditions of the commutatory pardon from the Governor of this
Gate filed herein, whereby the sentence of death imposed upon said defen
dant is commuted to imprisonment in the Penitentiary of this State for life: therefore it is consid
ered by the Court that the said defendant in accordance with said commutation be imprisoned in
the Penitentiary of this State for and during the term of his natural life: and it is ordeded that the
Sheriff of the County convey the said defendant to the Penitentiary of this State.
On note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the petition
herein is taken against him as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defendant is indebted to the
plaintiff in the sum of two hundred and fifty four dollars and seventy six cents. It is therefore
considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and
his costs herein expended and have execution therefor.
On Notes.
Now comes the plaintiff, by his Attorney, but the defendant, although duly
summoned and called comes not but make default, whrefore the Court
doth find from the notes herein that the defendants are indebted
to the plaintiff in the sum of five hundred and seventy seven dollars
and ten cents. It is therefore considered by the Court that the plaintiff recover of the defendants the
debt aforesaid and his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore the
Court doth find from the instrument in writing on which this suit
is founded that the defendants are indebted to the plaintiff in the
sum of six hundred and thirty four dollars and fifty cents. It is therefore considered by the
Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs herein
expended and have execution therefor: and it is ordered that this judgment bear nine per cent interest.
Demurrer filed by three defendants.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Defendants
Motion for security for costs filed.
Answer filed.
Answer of
Answer filed.
Answer filed. Offer of judgment filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer of defendants filed.
Answer filed.
Answer of
Answer filed.
Answer filed.
Plea filed by the City of St Louis.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer of
Answer filed.
Answer filed.
Answer filed.
The defendants file separate answers herein.
Answer filed.
Answer filed.
Answer filed.
Motion to amend answer filed.
Agreement filed and until the
Eighth instant to answer by consent.
Demurrer filed.
Court met pursuant to adjournment. Present as before.
On motion of the plaintiffs, by thier attorney, it is ordered by the Court
that the Sheriff assign the bond, given for the production of the property
attached, to the said plaintiff.
Answer filed.
Answer filed.
Answer filed.
Answer and Counterclaim and Exhibit filed.
Answer filed.
Plea is abatement filed.
Plea in abatement filed.
Plea in abatement filed.
Plea in abatement filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
On notes.
Now comes the plaintiff, by Attorney, but the defendants, although duly
summoned and called, come not but make default wherefore the petition
herein is taken against them as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defendants
are indebted to the plaintiff in the sum of four hundred and twenty five dollars and thirty three
cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt afore
said as found and his costs herein expended and have execution therefor: and it is ordered that this
judgment bear interest at ten per cent per annum until paid.
On motion until the sixth instant is given defendant to plead.
On motion until the tenth instant is given defendant to plead.
Default.
Now come the plaintiffs, by their Attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore, on motion of the
plaintiff, the petition is taken against him as confessed.
Note.
Now comes the plaintiff, by its Attorney, but the defendant,
duly summoned and called, comes not but makes dafault, wherefore the
petition herein is taken against him as confused: and the Court finds from
the instrument in writing on which this action is found that the defendants
are indebted to the plaintiff, in the sum of fifteen hundred and seventy
one dollars and seventy cents. It is therefore considered by the Court that the plaintiff recover of
the defendants the debt aforesaid as found and its costs herein expended and have execution therefor.
Default.
Now comes the plaintiffs, by their Attorney, but the defendant, although
duly summoned and called, come not but makes default, wherefore
the petition herein is taken against him as confessed.
Default.
Now come the plaintiff, by her Attorney, but the defendant,
although duly summoned and called, comes not but makes default,
wherefore, on motion of the plaintiff, it is ordered by the Court that the
petition be taken against said defendant as confessed.
On motion of the defendant, by Attorney, until the sixth instant is given
him to plead.
Default.
Now come the plaintiffs, by their Attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
the petition herein is taken against them so confessed.
On motion of the defendant, by Attorney, until the tenth instant
is given them to plead.
On motion of the defendant, until tenth instant is given to plead, and he
thereupon files a motion for security for costs and also a demurrer herein.
On motion of plaintiff, by Attorney, it is ordered that this cause be dismissed
at his costs and that execution issue therefor.
Until seventeenth instant is given to reply to answer.
Until Seventeenth instant is given plaintiff to reply to answer.
The defendants file a motion to dismiss, and the plaintiff files a bond for
costs with
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly
summoned and called comes not but makes default, wherefore, the petition
herein is taken against him as confessed.
Default.
Now comes the plaintiff, by her Attorney, but the defendant, although duly
summoned and called comes not but makes default, wherefore, on motion of
plaintiff, the petition herein is taken against him as confessed.
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the peti
tion herein is taken against him as confessed.
Default.
Now come the plaintiff, by their Attorney, but the defendant, although duly
called comes not nor has it answered herein whrefore the complaint
herein is taken against the said defendant as confessed.
The defendants,
had and obtained file an additional and supplemental answer to plain
tiff second amended complaint.
Default.
Now comes the plaintiff, by her Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the petition
herein is taken against him as confessed.
Default.
Now comes the plaintiff, in person, but the defendant,
duly summoned and called, comes not but makes default, wherefore, the
petition is taken against him as confessed.
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the petition
herein is taken against him a confessed.
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the petition herein is taken
against him as confessed.
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly
summoned and called, comes not, but makes default, wherefore the
petition herein is taken against her as confessed.
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly
summoned and called, makes default, wherefore the petition herein is ta
ken against him as confessed.
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the petition
herein is taken against him as confessed.
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called, comes not, but makes default, wherefore the petition
herein is taken against him as confessed.
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore the petition herein is
taken against him as confessed.
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore the petition herein
is taken against him as confessed.
By consent of parties until the eighth instant is given to plead herein.
Default.
Now comes the plaintiff, by his Attorney, but the defendant, al
though duly summoned and called, comes not but makes
default, wherefore the petition herein is taken against him
as confessed.
Now comes the plaintiff, by his Attorney, total files proof satisfactory to the Court that
the order of publication has been duly published according to law.
On motion of plaintiff ordered that a pluries summons issue for
Plea filed by City of St Louis.
On Note.
Now comes the plaintiff, by its Attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
the Court doth find from the instrument in writing on which this
action is founded that the defendants are indebted to the plaintiff in
the sum of three hundred and ninety two dollars and thirty five cents.
It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as
found and its costs herein expended and have thereof execution therefor.
On Note.
Now come the plaintiffs, by their Attorney, but the defendant although duly sum
moned and called, come not but make default, wherefore the Court doth find
from the instrument in writing on which this action is founded that the defendant
is indebted to the plaintiffs in the sum of two hundred and eighteen dollars and
forty three cents. It is therefore considered by the Court that the plaintiff recover
of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
On Note.
Now come the plaintiff, by their Attorney, but the defendant, although duly
summoned and called comes not but makes default, wherefore the Court
doth find from the instrument in writing on which this action is founded that
the defendant is indebted to the plaintiffs in the sum of two hundred and
eleven dollars and ten cents. It is therefore considered by the Court that the
plaintiff recover of the defendant the debt aforesaid as found and their costs herein expended and have
execution therefor.
On Note.
Now comes the plaintiff, by its Attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore the Court
doth find from the instrument in writing on which this action is foun
ded that the defendants are indebted to the plaintiff in the sum of seven
hundred and thirty six dollars. It is therefore considered by the Court
that the plaintiff recover of the defendants the debt aforesaid as found and also its costs herein expended
and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned
and called, come not, but make default, wherefore the Court doth find from the
instrument in writing on which this action is founded that the defendants are indebt
ed to the plaintiff in the sum of three hundred and six dollars. It is therefore con
sidered by the Court that the plaintiff recover of the defendants the debt aforesaid
as found and his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendants although duly summoned and
called, come not but make default, wherefore the Court doth find from the instrument
in writing on which this action is founded that the defendants are indebted to the plaintiff in the
sum of four hundred and nineteen dollars and forty cents. It is therefore considered by
the Court that the plaintiff recover of the defendants the debt aforesaid as found
and also his costs herein expended and have execution therefor: and it is ordered
that this judgment bear ten per cent per annum interest until paid.
On Note.
Now comes the plaintiff, by its Attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore, the Court
finds from the instrument in writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of five hundred and
seventy six dollars and ten cents. It is therefore considered by the Court that
the plaintiff recover of the defendants the debt aforesaid as found and its costs herein expended and have
execution therefor.
On Note.
Now at this day comes the plaintiff, by its Attorney, but the defendants,
although duly summoned and called, come not but make default,
wherefore the Court doth find from the instrument in writing on
which this action is founded that the defendants are indebted to the
plaintiff in the sum of four and eighteen dollars and ten cents. It is
therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as
found and its costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and
called, comes not but makes default, wherefore the Court finds from the instrument in
writing on which this action is founded that the defendant is indebted to the plaintiff in the
sum of four hundred and fifty six dollars and fifty eight cents. It is therefore considered by the Court that
the plaintiff recover of the defendant the debt aforesaid as found and his costs herein expended and have
execution therefor: and it is ordered that this judgment bear interest at ten per cent per annum until paid.
On Note.
Now comes the plaintiff, by his Attorney, and dismisses this suit as to
F Denny
the Court finds from the instrument in writing on which this action is founded
that the said defendant is indebted to the plaintiff in the sum of nine hundred
and sixty dollars. It is therefore considered by the Court that the plaintiff re
cover of the said defendant the debt aforesaid as found together with interest thereon at the rate of ten per
cent per annum from this date until paid and his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly sum
moned and called, come not but make default, wherefore the Court finds from the
instrument in writing on which this action is founded that the defendants are in
debted to the plaintiff in the sum of two hundred and eighty four dollars and
seventy five. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid
as found and his costs herein expended and have execution therefor.
On Note.
Now come the plaintiff, by thier Attorney, and dismiss this suit as to
Pride
but make default, wherefore the Court doth find from the note herein that the defen
dants are indebted to the plaintiff in the sum of two hundred and thirty five dol
ars and seventy two cents. It is therefore considered by the Court that the plain
tiffs recover of the defendants the debt aforesaid as found and their costs herein
expended and have execution therefor. Judgment to bear ten per cent interest.
Dismissal. Default.
Now come the plaintiffs, by their Attorney, and dismiss this suit as to the defen
dant,
and called, comes not but makes default, wherefore the petition herein is
taken against him as confessed.
On notes.
Now come the plaintiffs, by their Attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore the Court finds
from the instruments in writing on which this action is founded that the
defendants are indebted to the plaintiffs in the sum of fifteen hundred and
ninety three dollars and twelve cents. It is therefore considered by the Court
that the plaintiffs recover of the defendants the debt aforesaid as found and their costs herein expended and
have execution therefor: and it is ordered that this judgment bear ten per cent per annum interest.
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore the Court
finds from the instrument in writing on which this action is founded that
that the defendants are indebted to the plaintiff in the sum of five hundred
and sixty two dollars and sixty seven cents. It is therefore considered by the Court that the plaintiff
recover of the defendants the debt aforesaid as found and his costs herein expended and have execution therefor,
and it is ordered that this judgment bear interest at ten per cent per annum.
On note.
Now come the plaintiffs, by their Attorney, and dismiss this suit as to
summoned and called, come not, but make default, wherefore the Court
doth find from the instrument in writing on which this action is founded
that the defendants are indebted to the plaintiffs in the sum of three
hundred and eleven dollars and seven cents. It is therefore considered by the Court that the plaintiffs
recover of the defendants the debt aforesaid as found and their costs herein expended and have execution therefor.
On note.
Now comes the plaintiff by his Attorney, but the defendants,
default; and the Court finds from the instrument in writing on which
this action is founded that the defendants are indebted to the plaintiff
in the sum of five hundred and twenty nine dollars and seventy two
cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt afore
said as found and his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by her Attorney, but the defendants, although duly summoned
and called, come not but make default, wherefore the Court finds from the instrument
in writing on which this action is founded that the defendants owe plaintiff two hundred
and twenty two dollars and forty cents. It is therefore considered by the Court that the plaintiff recover of the defen
dants the debt aforesaid as found and her costs herein expended and have execution therefor.
Default.
Now come the plaintiffs, by Attorney, but the defendant, although duly summoned and called, comes not,
but makes default, wherefore the petition herein is taken against him as confessed.
On Notes.
Now come the plaintiffs, by their Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the Court
finds from the notes on which this suit is founded that the defendant is in
debted to the plaintiffs in the sum of six hundred and two dollars and sixty
eight cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt afore
said as found and their costs herein expended and have execution therefor.
On Notes.
Now come the plaintiffs, by their Attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore the Court doth find
from the instruments in writing on which this action is founded that the defen
dant is indebted to the plaintiffs in the sum of eleven hundred and fifty nine
dollars and seventy four cents. It is therefore considered by the Court that the plaintiffs recover of the defendant
the debt aforesaid as found and their costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their Attorney, but the defendant,
although duly summoned and called, comes not but makes
default, wherefore the Court finds from the instrument in
writing on which this action is founded that the defendant is
indebted to the plaintiffs in the sum of sixteen hundred and
forty five dollars and sixty eight cents. It is therefore considered by the Court that the plaintiffs recover of
the defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
Now comes the plaintiff, by Attorney, but the defendants,
and
as confessed.
On motion of plaintiffs, it is ordered by the Court that this cause
be dismissed at their costs and that execution issue therefor. By
leave plaintiffs withdraw notes and on.
On motion of plaintiffs, it is ordered by the Court that this cause be
dismissed at their costs herein and that execution issue therefor. By leave
plaintiffs withdraw notes sued on.
On note.
Now comes the plaintiff, by his Attorney, but the defendants, although
duly summoned and called come not but make default, wherefore
on motion of plaintiff, it is ordered by the Court that the petition
herein be taken against the said defendants as confessed: and the
Court finds from the instrument in writing on which this action is founded that the defendants
are indebted to the plaintiff in the sum of eight hundred and ninety five dollars and one cent.
It is therefore considered by the Court that the plaintiff recover of the defendants the debt
aforesaid in form aforesaid as found and his costs in this behalf expended and have
execution therefor.
On note.
Now comes the plaintiff, by his Attorney, but the defendant
though duly summoned and called, comes not but makes default where
fore the petition herein is taken against him as confessed; and the Court
finds from the instrument in writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of two hun
dred and eighty four dollars and ten cents. It is therefore considered by the Court that the plaintiff recov
er of the defendants the debt aforesaid as found and his costs herein expended and have execution therefor; and
it is ordered that this judgment bear ten percent interest until paid.
Order of Publication. Attachment.
Now come the plaintiffs, by their Attorney, and on their motion, it is or
dered that the defendant,
action has been commenced against for the sum of two hundred and
two dollars and thirty cents, on account of a promissory note of which
the plaintiffs are the holders; and that his property has been attached;
and unless he appear at the next term of this Court to be begun and
held at the City of St. Louis, within and for the County of St. Louis, on the first Monday of February
next, and on or before the third day thereof, answer to the action aforesaid, according to law, judgment
will be rendered against him and his property sold to satisfy the same: and it is further ordered
that a copy hereof be published, according to law, in the St. Louis Evening Bulletin, a newspaper prin
ted and published in the City of St. Louis: but the defendants,
Ketchum
said plaintiffs, it is ordered by the Court that the petition herein be taken against the said defendants
as confessed. Continued.
On motion of plaintiff, ordered that an alias summons issue for
Morris
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the petition herein
is taken against him as confessed.
On note.
Now come the plaintiffs, by their Attorney, but the defendants al
though duly summoned and called, come not but make default,
wherefore the Court finds from the instrument in writing on which
this action is founded that the defendants are indebted to the plain
tiffs, in the sum of three hundred and four dollars and seventy cents.
It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid
as found and their costs herein expended and have execution therefor.
Now come the plaintiffs, by their Attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore the
petition is taken against them as confessed.
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned
and called, come not but make default, wherefore the petition herein is taken against
them as confessed.
On note.
Now comes the plaintiff, by his Attorney, but the defendants, al
though duly summoned and called, come not but make default,
wherefore the Court finds from the note on which this action is
founded that the defendants are indebted to the plaintiff in the
sum of three hundred and fifty nine dollars and sixty cents. It is
therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found
and his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his Attorney, and files proof satisfactory to the Court
that the order of publication made herein has been published, according to law, but
the defendant, although duly warned and called, comes not but makes default,
wherefore the petition herein is taken against him as confessed; and the Court finds from the instru
ment in writing on which this action is founded that the defendant is indebted to the plaintiff in the
sum of fifteen hundred and twenty nine dollars. It is therefore considered by the Court that the plain
tiff recover of the defendant the debt aforesaid as found and also his costs herein expended and also ten
per cent per annum from this date until paid and have execution therefor against the property attached.
On notes.
Now comes the plaintiff, by his Attorney, and files proof satisfactory to the Court
that the order of publication made herein has been published according to law, but
the defendant although duly warned and called, comes not but makes default,
wherefore the petition herein is taken against him as confessed; and the Court finds from the instruments
in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of
fourteen hundred and eighty three dollars. It is therefore considered by the Court that the plaintiff re
cover of the defendant the debt aforesaid as found and also his costs in this behalf expended and
have execution therefor against the property attached.
Now comes the plaintiff, by his Attorney, but the defendants, although duly sum
moned and called, come not but make default, wherefore the petition herein
is taken against them as confessed.
On note.
Now comes the plaintiff, by his Attorney, and dismiss this suit as to
V Reed
moned and called comes not but makes default, wherefore the petition
is taken against him as confessed; and the other defendant still
being in default, the Court finds from the instrument in writing on
which this action is founded that the defendants are indebted to the plaintiff in the sum of three
hundred and twenty dollars and forty two cents. It is therefore considered the Court that the plain
tiff recover of the defendants the debt aforesaid as found and his costs herein expended and have
execution therefor.
Now comes the plaintiff, by Attorney, but the defendant, although duly summoned and called,
comes not but makes default, wherefore the petition is taken against him as confessed.
Now comes the plaintiff, by Attorney, but the defendant, although duly summoned and called comes not
but makes, default, wherefore the petition is taken against him as confessed.
Now comes the plaintiff, by her Attorney, but the defendant
although duly summoned and called, comes not but makes
default, wherefore the petition herein is taken against him as
confessed.
On note.
Now come the plaintiffs, by their Attorney, but the defendant,
although duly summoned and called, comes not but makes default,
wherefore the petition herein is taken against him as confessed, and the
Court finds from the instrument in writing on which this action is
founded that the defendants are indebted to the plaintiffs in the sum of
four hundred and seventeen dollars and ninety cents. It is therefore
considered by the Court that the plaintiffs recover of the defendants
the debt aforesaid as found and also their costs herein expended
and have execution therefor.
Now at this day come the parties aforesaid, by their respec
tive Attorneys, and the plaintiff files a petition, and no suf
ficient cause being shown against granting the prayer of the
said petitioner, it is therefore ordered that
Levant
hereby appointed as commissioners to ascertain and appraise the compensation to be made to the
said defendant for the real estate proposed to be taken for the uses of the said Company, and
the Court doth further appoint the
the hour of ten o'clock in the forenoon of that day, on the premises, as the time and place for the
first meeting of said Commissioners.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the petition herein is taken
against him as confessed.
Now come the plaintiffs, by their Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the peti
tion herein is taken against him as confessed.
Order of Publication. Attachment.
On motion of the plaintiffs, by their Attorney, it is ordered, that the
defendant, be notified that a civil action has been commenced against
him for the sum of five thousand three hundred and fifteen dollars
and forty nine dollars on account of three hundred bags of coffee sold
and delivered by the plaintiffs to the defendant for which the defendant executed and delivered to
the plaintiffs his promissory note; and that his property has been attached; and unless he be and appear
at the next term of this Court to be begun and held at the City of St. Louis, within and for the County of St. Louis,
on the first Monday of February next, and on or before the third day thereof answer to the action afore
said according to law, judgment will be rendered against him and his property sold to satisfy the same.
And it is further ordered that a copy hereof be published, according to law, in the Missouri Democrat,
a newspaper printed and published in the City of St. Louis.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called comes not, but makes default, wherefore the petition herein is
taken against him as confessed.
Now comes the plaintiff, but the defendant, although duly summoned
and called comes not but makes default, wherefore the petition herein is
taken against him as confessed.
Now comes the plaintiffs, by their Attorney, but the defendants, although duly
summoned and called, come not but made default, wherefore the petition herein
is taken against them as confessed.
On note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the Court
finds from the instrument in writing on which this action is founded that
the defendant owes the plaintiffs the sum of three hundred and forty three
dollars and eighty five cents. It is therefore considered by the Court that the plaintiffs recover of the defen
dant the debt aforesaid as found and their costs herein expended and have execution therefor.
On notes.
Now come the plaintiffs, by their Attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
the Court finds from the notes herein that the defendants are indebt
to the plaintiffs in the sum of twenty six hundred and eighty seven
dollars and forty six cents. It is therefore considered by the Court that
the plaintiffs recover of the defendants the debt aforesaid as found and their
costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their Attorney, but the defendant although duly
summoned and called comes not but makes default, wherefore the Court
finds from the note herein that the defendant owes the plaintiffs Seven
hundred and twenty five dollars and twenty seven cents. It is therefore con
sidered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and their
costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their Attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore the Court
finds from the note herein that defendants owe plaintiffs three hundred and
thirty dollars and seventy nine cents. It is therefore considered by the Court that
the plaintiffs recover of the defendants the debt aforesaid as found and their costs
herein expended and have execution therefor.
On motion ordered that an alias Summons issue herein.
On note.
Now comes the plaintiff, by its Attorney, but the defendants, al
though duly summoned and called, come not but make de
fault, wherefore the Court finds from the note herein that the defen
dants owe plaintiff two hundred and eighty dollars and forty six
cents. It is therefore considered by the Court that the plaintiffs
recover of the defendants the debt aforesaid as found and also its costs in this behalf expended
and have execution therefor.
On Bill of Exchange.
Now comes the plaintiff, by its Attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the Court finds from the Bill
of Exchange herein that defendant owes plaintiff one hundred and eighty three dol
lars and nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt afore
said as found and his costs herein expended and have execution therefor.
On notes.
Now comes the plaintiff, by Attorney, but the defendant, although duly summoned and
called, comes not but makes default, wherefore the Court finds from the notes herein that defen
dant owes plaintiff twelve hundred and sixty dollars and fifty cents. It is therefore considered by
the Court that the plaintiff recover of defendant the debt aforesaid and his costs herein expended and have execution therefor,
and it is ordered that this judgment bear ten percent interest.
On certificates of deposit.
Now comes the plaintiff, by his Attorney, but the defendants although duly sum
moned and called, come not but make default, wherefore the Court finds
from the instruments in writing on which this action is founded that the de
fendants are indebted to the plaintiff in the sum of forty six hundred and
eighty three dollars and twenty five cents. It is therefore considered by the Court that the plaintiff recover
of defendants the debt aforesaid and his costs herein expended and have execution therefor; and it is
ordered that this judgment bear interest at ten per cent per annum.
On notes.
Now comes the plaintiff, by Attorney, but the defendant,
although duly summoned and called comes not but makes default, and
the other defendant still being in default, the Court finds from the notes herein
that the defendants are indebted to the plaintiff in the Court of thirteen
hundred and forty eight dollars and sixty one cents. It is therefore considered by the Court that the
plaintiff recover of the defendants the debt aforesaid as found and his costs herein expended and have
execution therefor.
On note.
Now comes the plaintiff, by Attorney, but the defendant, although duly summoned and
called comes not but make default, wherefore the Court finds from the note herein that
the defendant owes the plaintiff in the sum of six hundred and twenty six dollars and eleven cents. It is therefore considered by the Court
that the plaintiff recover of the defendant the debt aforesaid and his costs herein expended and have execution therefor, and that
this judgment bear ten percent per annum interest.
On notes. Now comes the plaintiff, by its Attorney, but the defendant although duly summoned and called
comes not but make default, wherefore the Court finds from the notes herein that the defendant owes the plain
tiff twenty hundred and twenty dollars and eighteen cents. It is therefore considered by the Court that
the plaintiff recover of defendant the debt aforesaid and his costs herein expended and have execution therefor.
On notes.
Now come the plaintiffs, by their attorney, but the defendants, although duly sum
moned and called, come not but make default, wherefore the petition herein is
taken against them as confessed; and the Court finds from the instruments in wri
ting on which this action is founded that the defendants are indebted to the plaintiffs
in the sum of thirty one hundred and sixty six dollars and eighty cents. It is there
fore considered by the Court that the plaintiffs recover of the defendants the debt afore
said as found and their costs herein expended and have execution therefor.
On Bills of Exchange.
Now come the plaintiffs, by their Attorney, but the defendants, although duly summoned
and called, come not but make default, wherefore the petition herein is taken against
them as confessed; and the Court finds from the instruments in writing on which
this action is founded that the defendants are indebted to the plaintiffs in the sum
of thirty four hundred and six dollars and fifty five cents. It is therefore consid
ered by the Court that the plaintiffs recover of the defendants the debt aforesaid as found and their costs herein
expended and have execution therefor; and it is ordered that this judgment bear interest at ten per cent per annum.
The plaintiff files proof satisfactory to the Court that the order of publication made herein has been
duly published according to law.
The garnishees,
and exceptions to interrogatories and also answers herein.
Answers of
Answer of
Answer of
Poertner
Answer of
Answer of
Poertner
Answer of
Depositions for plaintiffs
opened and filed.
Depositions for plaintiffs opened
and filed.
Plaintiff files seven exhibits herein.
Answer filed.
Answer Filed.
Answer filed.
Answer filed.
Answer filed.
Demurrer filed.
Motion for security for costs and also
demurrer filed.
Motion for security for costs and demurrer filed.
Appeal from Probate Court filed.
On Execution.
On motion of garnishees
by
discharged at plaintiff's costs and that execution issue therefor. Five
dollars allowed each of said garnishees.
On Execution.
on his motion, it is ordered that he be discharged at plaintiffs costs and that execution
issue therefor: five dollars is allowed garnishee for appearing.
On Judgment.
Now come the plaintiffs, by their Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the petition
is taken against him as confessed; and plaintiffs submit this cause to the
Court and the Court finds from the proofs that the defendant is indebted
to the plaintiffs in the sum of five hundred and ninety dollars and one cent.
It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found
and their costs herein expended and have execution therefor.
On Execution.
On motion of garnishees,
plaintiffs and execution issue therefor. Five dollars allowed for appearing.
On motion until tenth instant is given to answer herein.
The plaintiff comes, by Attorney, but the defendant, although duly summoned and called,
comes not but makes default, wherefore it is ordered by the Court that the petition herein
be taken against him as confessed.
The defendant withdraws his demurrer and files an answer herein.
Ejectment.
Now at this day come the parties, by their respective Attorneys, and there
upon come also a jury, to wit;
tian Rolfing
A Sharkey
sworn the issues herein joined well and truly to try, further proceedings were continued until to mor
row morning.
Court met pursuant to adjournment. Present as before.
On note. Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and three times solemnly called comes not but makes default, where
fore the petition herein is taken against him as confessed.
On note.
Now comes the plaintiff, by his Attorney, and dismisses this suit as to
defendant, Ballard, but the defendant,
and called comes not but makes default, wherefore the Court finds from the
instrument in writing on which this action is founded that the defendant
owes the plaintiff the sum of six hundred and fifty dollars and sixty five cents. It is therefore consid
ered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and his costs
herein expended and have execution therefor.
Default.
The plaintiff, by his Attorney, files proof satisfactory to the Court that the order
of publication made herein has been duly published according to law, but the
although duly warned and called comes not but makes default, wherefore
the petition herein is taken against her as confessed.
Default.
The plaintiffs come, by Attorney, but the defendant comes not but makes de
fault, wherefore the complaint is taken against it as confessed.
Now come the plaintiffs, by Attorney, but the defendant,
duly summoned and called comes not but makes default, wherefore the petition
herein is taken against him as confessed: On motion of plaintiffs ordered
that an alias Summons issue for
On motion until the fifteenth instant is given to answer herein.
On note.
Now come the plaintiff, by their Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the Court
finds from the instrument in writing on which this action is founded
that the defendants owe the plaintiff five hundred and seven dollars and
eighty cents. It is therefor considered by the Court that the plaintiffs recover of the defendant the
debt aforesaid as found and their costs herein expended and have execution therefor.
On notes.
Now come the plaintiffs, by their Attorney, but the defendant although duly
summoned and called comes not but makes default, wherefore the petition
herein is taken against him as confessed: and the Court finds from the notes
herein that the defendant owes the plaintiffs seven hundred and ninety nine
dollars and eighty nine cents. It is therefore considered by the Court that the
plaintiffs recover of the defendant the debt aforesaid as found and their costs herein expended and have
execution: and it is ordered that the Sheriff pay plaintiffs the amount arising from the sale of the property
attached herein.
On notes and Account.
Now come the plaintiffs, by their Attorney, and dismiss this suit as to third
count of petition, but the defendant, although duly summoned and called
comes not but makes default, wherefore the petition is taken against him as
confessed; and the Court finds from the instruments in writing on which
this action is founded that the defendant owes plaintiffs Eight Hundred and seventy two dollars and sixty
five cents: therefore the Court consider that the plaintiffs recover of the defendant the debt aforesaid as
found and their costs herein expended and have execution therefor: and it is ordered that the Sheriff pay the
plantiffs the proceeds of the sale of the property attached.
On Note.
Now come the plaintiffs, by their Attorney, but the defendant, although
duly summoned and called comes not but make default, wherefore the
Court finds from the instrument in writing on which this action is
founded that the defendant owes the plaintiff the sum of two hundred
and sixty six dollars and seventy five cents. It is therefore considered by the Court that they plain
tiff recover of the defendant the debt aforesaid as found and their costs herein expended and have ex
ecution therefor: and it is ordered by the Court that this judgment bear ten per cent per annum interests.
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned
and called, comes not but make default, wherefore the petition herein to taken against
him as confessed.
Default.
Now come the plaintiffs, by their Attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore the petition herein is
taken against him as confessed.
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore, on motion of plaintiff the
petition herein is taken against the said defendant as confessed.
Default.
Now comes the plaintiff, by her Attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore the petition herein is
taken against him as confessed.
Bry consent of parties it is ordered by the Court that this cause be dismissed at
the defendants costs and that execution issue therefor; by consent defendants
withdraw the note sued on.
On motion of plaintiff, by Attorney, it is ordered by the Court that this cause be
dismissed at her costs.
The plaintiffs file a bond for costs with
Now comes the plaintiff, by her Attorney, but the defendant although duly warned and
called comes not but makes default, wherefore the petition herein is taken against him
as confessed.
Default.
Now comes the plaintiff by his Attorney, but the defendant,
although duly summoned and called comes not but makes default, wherefore
the petition is taken against him as confessed.
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly warned and
called comes not but makes default, wherefore the petition herein is taken
against her as confessed. Cause continued.
Order of Publication.
Now come the plaintiffs, by their Attorney, and it appear
ing to the Court that the defendants,
and
on motion of the plaintiffs, by their Attorney, it is ordered,
that the said defendants be notified that a civil action has
been commenced against them for the sum of eight hundred and ten dollars and fifteen cents on account
of a promissory note executed by the defendants, under the name of
plaintiffs; and unless they be and appear at the next term of this Court to be begun and held at the
City of St Louis, within and for the Country of St Louis on the first Monday of February next, and on
or before the third day thereof, answer to the action aforesaid, according to law, the petition herein will be
taken against them as confessed. And it is further ordered that a copy hereof be published according
to law, in the Missouri Democrat, a newspaper printed and published in the City of St Louis;
but the defendant
fore, on motion of plaintiffs, the petition herein is taken against the said defendant as confessed.
Default. Now come the plaintiffs, by their Attorney, but the defendants, although
duly summoned and called come not but make default, wherefore the peti
tion is taken against them as confessed.
Order of Publication. Attachment.
On motion of the plaintiff, by his Attorney, it is ordered that the defen
dant be notified that a civil action has been commenced against him
for the sum of one hundred and sixty five dollars, on account of goods
sold and delivered by plaintiff to defendant; and that his property has been attached; and unless
he appear at the next term of this Court, to be begun and held at the City of St. Louis, within and
for the County of St. Louis, on the first Monday of February next, and on or before the third day
thereof, and to the action aforesaid according to law, judgment will be rendered against him and his
property sold to satisfy the same. And it is further ordered that a copy hereof be published, according
to law, in the Missouri Democrat, a newspaper printed and published in the City of St. Louis.
Order of Publication. Attachment.
On motion of the plaintiff, by his Attorney, it is ordered by the Court
that the defendants be notified that a civil action has been commenced
against them for the sum of one hundred dollars on account of the rent
of the second and third stories of building sixty four North Fourth
street, and that their property has been attached; and unless they appear at the next term of this
Court, to be begun and held at the City of St. Louis, within and for the County of St. Louis, on the
first Monday of February next, and on or before the third day thereof, answer to the action afore
said according to law, judgment will be rendered against them and their property sold to satisfy
the same. And it is further ordered that a copy hereof be published, according to law in the Mis
souri Democrat, a newspaper printed and published in the City of St. Louis.
On motion of the plaintiff, by Attorney, leave is given the Sheriff to amend
his return herein, which is done.
Confession of Judgment.
Now comes the defendant and files a duly verified statement confessing himself in
debted to the plaintiff in the sum of seven hundred and twenty three dollars and
twenty five cents and authorizing the entering up of judgment therefor. It is therefore
considered by the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and his
costs herein expended and have execution therefor.
On note.
Now comes the plaintiff by his Attorney, but the defendants, although duly
summoned and called come not but make default, wherefore the Court
finds from the instrument in writing on which this action is founded that
the defendants are indebted to the plaintiff in the sum of two hundred
and sixty six dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of
the defendants the debt aforesaid as found and his costs herein expended and have execution therefor.
Order of Publication. Affidavit filed.
On motion of the plaintiff, by Attorney, it is ordered by the Court that the defen
dant,
him for the sum of seven hundred and ten dollars and sixty cents on account
of a promissory note, and unless he appear at the next term of the Court to begun and held at the City of
St. Louis, within and for the County of St. Louis on the first Monday of February next and on or before the
third day thereof answer to the action aforesaid, according to law, the petition herein will be taken
against him as confessed. And it is further ordered that a copy hereof be published according to law in
the Missouri Democrat, a newspaper printed in the City of St. Louis.
Order of Publication.
It appearing to the Court that the defendant, Doctor
be summoned herein, therefore on motion of the plaintiff, by his Attorney, it is or
dered that the said defendant be notified that a civil action has been commenced
against him for the sum of three hundred dollars and interest on account of a
promissory note, and unless he appear at the next term of this Court, to be begun
and held at the City of St. Louis, within and for the County of St. Louis, on the first Monday of February
next and on or before the third day thereof answer to the action aforesaid, according to law, the petition herein
will be taken against him as confessed. And it is further ordered that a copy hereof be published, accor
ding to law in the Missouri Democrat, a newspaper printed and published in the City of St. Louis: but the
defendant
the petition herein is taken against him as confessed; and on motion of plaintiff, it is ordered that an
alias Summons issue for the defendant,
Default.
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned
and called come not but make default, wherefore the petition herein is taken
against them as confessed.
On note.
Now come the plaintiffs, by their Attorney, but the defendants, although duly
duly summoned and called come not but make default, wherefore the Court finds
from the instrument in writing on which this action is founded that the defen
dants are indebted to the plaintiffs in the sum of two hundred and forty
five dollars and six cents. It is therefore considered by the Court that the plain
tiffs recover of the defendants the debt aforesaid as found and their costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their Attorney, but the defendants, although duly sum
moned and called come not but make default, wherefore the Court finds from
the note herein that the defendants owe the plaintiffs the sum of four hundred
and eighteen dollars and fifty eight cents. It is therefore considered by the
Court that the plaintiffs recover of the defendants the debt aforesaid as found
and their costs herein expended and have execution therefor.
On note.
Now come the plaintiff, by his Attorney, but the defendant,
though duly summoned and called, comes not but makes default, wherefore the pe
tition herein is taken against him as confessed; and the other still being in default,
the Court finds from the instrument in writing on which this action is founded
that the defendants are indebted to the plaintiff the sum of five hundred and
forty three dollars and eighty cents. It is therefore considered by the Court that the
plaintiff recover of the defendants the debt aforesaid as found and also his costs herein expended and have
execution therefor, and that this judgment bear interest at ten per cent per annum.
On motion of plaintiffs, it is ordered by the Court that this cause be dismissed at their costs and
that execution issue therefor.
On motion until fourteenth instant is given plaintiff to reply.
On Notes.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the Court finds
from the instruments in writing on which this action is founded that the defen
dant owes the plaintiff seven hundred and thirty two dollars and forty five cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and his costs herein
expended and have execution therefor, and that this judgment bear ten per cent per annum interest.
On Note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the Court finds from the note
herein that defendant owes plaintiffs two hundred and one dollars and eighty seven
cents. It is therefore considered by the Court that the plaintiffs recover of the defen
dant the debt aforesaid in form aforesaid as found and their costs herein ex
pended and have execution therefor.
Motion to strike out answer filed.
The plaintiff remits of the judgment herein thirteen dollars and fifty
seven cents.
By Leave of Court first obtained the Sheriff amends his return.
By Leave of Court first obtained the Sheriff amends his return.
By Leave of Court the Sheriff amends his return.
By Leave of Court the Sheriff amends his return.
Answer filed.
By Leave of Court the Sheriff amends his return.
Answer filed.
Motion to strike out answer and demurrer to counterclaim filed.
Answer filed by consent and leave.
On motion until the fifteenth instant is given garnishees,
Brown
Defendants,
Demurrer to
part of answer filed.
Plea in abatement filed by
P Clay
to his slave
On note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly
summoned and called, come not but make default, wherefore, on motion of
plaintiff, the petition herein is taken against the said defendants as confessed;
and the Court finds from the instrument in writing on which this action is
founded that the defendants owe the plaintiff one hundred and seventy five dollars and thirty six cents.
It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as
found and their costs herein expended and have execution therefor: and it is ordered that this judgment bear
interest at ten per cent per annum until paid.
Now come again the parties, by their respective Attorneys, and also the Jurors
empanneled and sworn herein, and thereupon the trial progressed but not being
finished is laid over until to morrow morning.
Court met pursuant to adjournment. Present as before.
pation to his slave
feet seven and three quarter inches in height.
Answer filed.
Answer field.
Answer field.
Motion for leave to sue as a poor person filed. Answer filed.
The plaintiffs file proof satisfactory to the Court that the order of publication
herein has been duly published.
On motion of plaintiffs, by their Attorney, ordered that the judgement herein on
the third instant be set aside and vacated.
The plaintiffs Attorney suggests the death of the plaintiff, and
istrator of said plaintiff enters her appearance herein as such.
The defendant
makes default, wherefore, on motion of plaintiffs, by Attorney, the petition is taken
against said defendant as confessed.
Until the twelfth instants is given that to answer herein.
Now comes the Attorney for the plaintiff and suggests the death of said plaintiff since
the commencement of this suit.
The plaintiffs Attorney acknowledges the receipt of full and entire amount of
the judgement rendered herein
Exceptions to deposition of
Assignment of judgement to
Denial of
Answer filed.
Answer filed.
Answer field.
Now come the plaintiffs, by this Attorney, but the defendant, although duly
called comes not but makes default, wherefore the petition herein is taken
against it as confessed.
On note.
Now comes the plainitiff, by his Attorney, but the defendants although duly
summoned and called come not but make default, wherefore the Court
finds from the instrument in writing on which this action is founded that
the defendants owe plaintiff four hundred and thirty five dollars and
twenty seven cents. It is therefore considered by the Court that the plaintiff recover of the defendants the
debt aforesaid as found and his costs herein expended and have execution therefor; and it is ordered that
this judgement bear interest at ten per cent per annum.
On motion of plaintiff, by Attorney, ordered that this cause be dismissed at its costs
and that execution issue therefor.
On notes.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the Court finds from
the instruments in writing on which this action is founded that the defendant owes
plaintiff nine hundred and eighty one dollars and eighty five cents. It is therefore considered by the
Court that the plaintiff recover of the defendant the debt aforesaid as found and his costs herein expen
ded and have execution therefor.
On note and account.
Now comes the plaintiff, by his Attorney, and files proof satisfactory to the Court that
the order of publication made herein has been duly published, but the defendant al
though duly warned and called comes not but makes default, wherefore the petition
herein is taken against him as confessed: and the plaintiff dismisses this suit so far as the same con
tains an account; and the Court finds from the note herein that the defendant owes plaintiff five hun
dred and thirty nine dollars. It is therefore considered by the Court that the plaintiff recover of the
defendant the debt aforesaid as found and his costs herein expended and have execution therefor against
the property attached.
Now comes the plaintiff, by her Attorney, but the defendant, although duly summoned
and called comes not but makes default, wherefore the petition herein is taken against
him as confessed.
Now comes the plaintiff by his Attorney, but the defendants, although duly sum
moned and called come not but make default, wherefore the petition herein
is taken against them as confessed.
Until twenty second instant is given plaintiff to reply.
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore the Court finds
from the instrument in writing on which this action is founded that the defen
dant owes the plaintiff four hundred and six dollars and seventy cents. It is therefore considered by the
Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein
expended and have execution therefor.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned
and called comes not but makes default, wherefore the petition herein is taken against
him as confessed.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the petition herein is taken
against him as confessed.
On Note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the Court
doth find from the note herein that the defendant owes the plaintiffs five
hundred and forty three dollars and seventy eight cents. It is therefore con
sidered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and their
costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly
summoned and called comes not but makes default, wherefore the Court finds
from the instrument in writing on which this action is founded that the
defendant owes the plaintiffs four hundred and sixty three dollars and twelve
cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as
found and their costs herein expended and have execution therefor.
On notes.
Now comes the plaintiff, by his Attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore the Court finds
from the instruments in writing on which this action is founded that the defen
dant owes the plaintiff eight hundred and twenty four dollars and ninety three cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and his costs
herein expended and have execution therefor: and it is ordered that this judgment bear ten percent interest.
On note.
Now comes the plaintiff, by her Attorney, but the defendants,
although duly summoned and called come not but make de
fault, wherefore the Court finds from the instrument in wri
ting on which this action is founded that the defendants are
indebted to the plaintiff in the sum of six hundred and
seven dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of
the defendants the debt aforesaid as found and her costs herein expended and have execution
therefor against the defendant
at ten per cent per annum.
Now comes the plaintiff, by her Attorney, but the defendant, although duly sum
moned and called comes not but makes default wherefore the petition herein is
taken against him as confessed. Cause continued.
On note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the Court finds from the in
strument in writing on which this action is founded that the defendant owes the
plaintiff two hundred and one dollars and fifty cents. It is therefore considered by theCourt that the
plaintiff recover of the defendant the debt aforesaid as found and his costs herein expended and have
execution therefor.
On Notes.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the Court finds from the in
struments in writing on which this action is founded that the defendant owes the
plaintiff seven hundred and sixty eight dollars and four cents. It is therefore considered by the Court that
the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and
have execution therefor.
Now come the plaintiffs, by their Attorney and dismiss this suit as to the defen
dants,
Brierly
Davis
summoned and called come not but make default, wherefore the petition is taken against them as confessed.
Now comes the plaintiff and files a petition and also the appearance of the
defendant acknowledging service of writ.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned
and called comes not but makes default, wherefore the petition herein is taken
against him as confessed.
Order of Publication.
On motion of the plaintiff, by his Attorney, it is ordered that the defendant
be notified that a civil action has been commenced against it for the sum
of thirty two hundred dollars on account of the wrongful seizure and
disposal of the interest of the plaintiff in the steamboat Cumberland
Valley; and that its property has been attached; and unless it be and appear at the next term of this Court
to be begun and held at the City of St. Louis, within and for the County of St. Louis, on the first Monday of
February next, and on or before the third day thereof, answer to action aforesaid, according to law, judgment
will be rendered against it and its property sold to satisfy the same. And it is further ordered that a
copy hereof be published accordingly to law in the Missouri Democrat, a newspaper printed and pub
lished in the City of St. Louis.
Now comes the plaintiff, by his Attorney, but the defendants, although duly sum
moned and called, come not but make default, wherefore the petition herein is
taken against them as confessed.
On notes.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the Court finds from the instru
ments in writing on which this action is founded that the defendant owes the plain
tiff five hundred and thirty nine dollars and fifty cents. It is therefore considered by the Court that the
plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and have
execution therefor.
On note.
Now comes the plaintiff, by his Attorney, and dismisses this suit as to
English
but make default, wherefore the Court finds from the instruments in writing on which
this action is founded that the defendants owe the plaintiff three hundred and
eight dollars and nineteen cents. It is therefore considered by the Court that the
plaintiff recover of the defendants the debt aforesaid as found and his costs herein
expended and have execution therefor? and it is ordered that this judgment bear
interest at the rate of ten per cent per annum until paid.
On Bill of Exchange.
Now comes the plaintiff, by his Attorney, but the defendant, although duly
summoned and called comes not but makes default, wherefore the Court
finds from the instrument on which this action is founded that the defen
dant owes the plaintiff eleven hundred and seven dollars. It is therefore considered by the Court that the
plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and
have execution therefor.
Order of Publication.
On motion of the plaintiff, by his Attorney, it is ordered that the de
fendant, be notified that a civil action has been commenced against
it for the sum of twenty seven hundred and eighty one dollars and
fifty three cents on account of two promissory notes, and that its prop
erty has been attached; and unless it appear at the next term of this Court, to be begun and held at the
City of St. Louis, within and for the County of St. Louis, on the first Monday of February next, and on or
before the third day thereof answer to the action aforesaid, according to law, judgment will be rendered
against it, and its property solds to satisfy the same. And it is further ordered that a copy hereof be
published according to law in the Missouri Democrat, a newspaper printed and published in the City of St. Louis.
Now comes the plaintiff, by his Attorney, but the defendants,
wherefore the petition herein is taken against them as confessed; on motion of the
plaintiff ordered that an alias Summons issue for
The plaintiff, by her Attorney, files proof satisfactory to the Court that the order of
publication heretofore made in this cause has been duly published, accor
ding to law.
The plaintiff, by his Attorney, files proof satisfactory to the Court that the order of pub
lication made herein has been duly published, according to law.
Motion to set aside default and for leave to answer filed.
Demurer to
answer filed.
Motion for security for costs filed.
Motion for bill of particulars filed.
Demurer filed.
Answer filed.
Now come again the parties by their respective attorneys, and also the Jurors empan
neled an sworn herein and thereupon the trial progressed but not being finished is
laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
answer filed.
answer filed.
On motion of plaintiff ordered by the Court that this cause be dismissed at his costs
and that execution issue therefor.
On motion of plaintiff ordered that the garnishee be discharged at his
costs and that execution issue therefor.
Now comes the plaintiff, by her attorney, but the defendant,
summoned and called comes not but makes default, wherefore the petition herein
is taken against him as confessed.
Motion to refer filed by
Motion to strike out part of petition filed.
On check.
Now come the plaintiff, by his attorney, and files his petition and
also the appearance of the defendant, whereby the said defendant waives
the issue and service of process and enters his voluntary appearance to
this action and agrees that judgment may be rendered against him; and the Court finds from the
petition and the instrument of writing on which this action is founded that the defendant owes the
plaintiff seven hundred and fifty eight dollars and thirty one cents. It is therefore considered by the
Court that the plaintiff recover of the defendant the debt aforesaid as found and his costs herein ex
pended and have execution therefor.
On notes.
Now comes the plaintiff, by his attorney, and files his petition and also
the appearance of the defendants, whereby the said defendants waive the issue
and service of process and enter their voluntary appearance to this action
and consent that judgment be rendered if not settled by the present
term of this Court; thereupon the Court finds form the instruments in writing on which this action is foun
ded that the defendants owe the plaintiff sixteen hundred and forty four dollars. It is therefore con
sidered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his
costs herein expended and have execution therefor.
Complaint.
Now come the plaintiff and defendant and file an agreement and agree
that judgment be rendered herein in favor of the plaintiffs for one hundred
and thirty seven dollar and ninety one cents. It is therefore considered by the
Court that the plaintiffs recover of
F White
the defendant the sum aforesaid as agreed upon and their costs herein expended and have execution
therefor by consent of parties execution is stayed forty days from this date.
Dismissal.
Now come the parties by their respective attorneys, and file an agreement herein
in the words and figures following to wit; St Louis
H Keevil
Missouri.
Pleas Missouri. The plaintiff and defendant, in each of the above entitled, suits, anxious to end all litigation
and restore former relations of friendship, agree as follows, to wit; 1. That each of said suits be and the same
are hereby dismissed, each part to pay their respective costs. 2. And the said
that he was in error, touching any written or verbal statements heretofore made by him which tended to im
peach the moral social or commercial standing and character of said
hereby withdraw any such statement. 3. And said
satisfactory. 4. And each of said parties promise in good faith to strive in future to forget and forgive
all matters of difference and restore their former relations in trade and business.
be dismissed, each party paying his own costs, and that execution issue therefor.
cipation to his slave,
latts color.
In Partition.
Now come the plaintiffs, by their attorneys, and file their petition
and also come the defendants and waiving the issue and service of
process file their appearance and answer herein; and the parties
submit this cause to the Court upon the petition and answer herein,
and the Court having duly heard and considered the same doth
as certain and determine that the said
of
ded seventh,
divided sevenths,
are each entitled in fee simple to one thirty fifth of the real estate, situated in the County of St Louis
State of Missouri, described in the petition as follows, towit: a tract of land in St Ferdinand Town
ship, being Township 46 Range six East, containing one hundred and ten acres, more or less, and boun
ded Southwest by land of
east by land of said
tract on which
of
St Louis County in Book N, page 348, in part, and also in part by deed of
dated
a stone being the Southeast corner of
and a half rods to a stone, the Northeast corner of
line sixty eight and one half rods to a stone, the Southeast corner of said
running East with the old line to
thence down said creek with said
quired by said
and recorded in said office in book D No 2 page 149. 3 also, another tract of land in said Town
ship and Range containing thirty five arpens, beginning at the Southeast corner of E Metzs Surveys
running up ten arpens, thence running a Northeastwardly course three arpens and a half across said tract
to the Southwest corner of
same from Indian Rodger's Survey to the Northeast corner of said Metzer Survey, thence to the begin
ning being the same acquired by said
tract of land in the same Township and Range, containing twenty seven arpens, beginning on the lower
comer of
conveyed by
and
land a width of two arpens and across the tract of land owned by
boundary of land conveyed by said
of an arpen in width to the lower corner of said
of
Withington
5
also, a certain other tract of land in Township 47, Range five East, being a part of United States
survey No 2038, being lot no five of the Subdivision of said Survey made by the Commissioners
appointed by the Circuit Court of said County, containing ninety six acres and thirty nine one hun
dreds of an acre and being the same acquired by said
and wife by deed dated
6 Also, a certain lot of ground in the town of Bridgton, fronting on St Charles street one hundred and
fifty feet, and running back three hundred feet, and bounded Southeast by
Northwest by St Andrews street, and Northeast by lands of
acquired by said
and recorded in said office in book L page 495. 7 also, a certain other tract of ground situated
in the City of St Louis and in Christy Addition to said City and according to
Map in Block no forty three in said addition, fronting fifty four feet on Franklin Avenue and
running back Southwardly one hundred and forty four feet seven and one half inches to an alley
twenty feet wide and bounded East by
wide, West by
Martin
a lease on a lot of ground in said City of St Louis, in
lot No five in block No 18, said lease being dated
the date last aforesaid executed by
sidered by the Court that petition of said real estate be made among said parties according to their respective
rights and interests as above as curtained and determined: and the Court appoints
and
orders that they report of their proceedings without delay.
Now comes the plaintiff by her attorney, but the defendant although duly summoned
and called comes not but make defendant, wherefore the petition herein is taken
against him as confessed.
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as
to the defendant,
summoned and called, comes not but makes default, wherefore the
Court finds from the instrument in writing on which this action
is founded that the defendant owes the plaintiff seven hundred and
fifty two dollars and twenty six cents. It is therefore considered by the Court that the plaintiff re
cover of the defendant the debt aforesaid and his costs herein expended and have execution therefor.
Now comes
received full and entire satisfaction of the judgment rendered herein.
The plaintiff, by its attorney, acknowledges to have received full and
entire satisfaction of the judgment rendered herein.
Now come again the parties, by their respective attorneys, and also come the
Jurors empanneled and sworn herein, and the plaintiff files a motion for leave
to amend his declaration so as to enlarge the add annum to fifty thousand
to fifty thousand dollars, which motion, upon due consideration, is sustained
by the Court and the amendment made, and thereupon the trial progressed but not being finished is laid
over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
of in and to the following premises situated in the county of St Louis Gate of Missouri to wit; a lot in
City block No 505 in
street at the distance of fifty feet Westward from the Southeast corner of said block thence Westwardly
with the North line of said Pine Street twenty five feet then Northwardly and parallel to Thirteen street
one hundred and ninety nine feet one inch to and alley thence Eastwardly with the Southern line of said
alley twenty five feet thence Southward one hundred and nine feet one inch to the place of beginning,
it being the lot acquired by
vs 4 page 106 of the records of St Louis County: also ten acres of land beginning at the Southwest corner of the
Sulphur Spring tract, a plat of which tract is one file in said Recorders Office running thence North
eight and a half degrees East thirteen chains and twelve links to a road forty feet wide, thence along said
road South three degrees East seven Chains and sixty two links, thence South eight and a half degrees
West thirteen chains and twelve links to a point in the Southern boundary line of said tract, thence North
eighty three degrees, West seven chains and sixty two links to the place of beginning containing ten acres being
the same premises of
were held in trust by him for his own use; Sold by virtue of an execution issued from the Office of the Clerk
of the St Louis Circuit returnable to the
Halsted
cipation to his slave
On notes.
Now comes the plaintiff, by his attorney, and on his motion it is ordered by
the Court that the judgment rendered herein be set aside and vacted, and
the Court finds from the instruments in writing on which this action is founded
that the defendants owe the plaintiff eleven hundred and fifty four dollars and
twenty cents. It is therefore considered by the Court that the plaintiff recover, of the defendants the debt afore
said as found and his costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their attorney, but the defendant,
W Schaerff
makes default, wherefore the petition herein is taken against him as
confessed; and the court finds from the instrument in writing on
which this action is founded that the defendants owe plaintiffs three
hundred and six dollars and seventy five cents. It is therefore considered by the Court that the plaintiffs re
cover of the defendants the debt aforesaid as found and their costs herein expended and have execution therefor.
On Draft.
Now comes the plaintiff, by his attorney, but the defendants, although duly sum
moned and called come not but make default, wherefore the Court finds from
the instrument in writing on which this action is founded that that the defen
dants are indebted to the plaintiff in the sum of four hundred and thirty one
dollars and twelve cents. It is therefore considered by the Court that the plaintiff recover of the defen
dants the debt aforesaid in from aforesaid as found and also this costs in this behalf expended and have execution therefor.
On notes.
Now come the plaintiffs, by their attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore the Court finds from
the instruments in writing on which this action is founded that the defendant owes
the plaintiffs four hundred and eighteen dollars. It is therefore considered by the
Court that the plaintiffs, recover of the defendant the debt aforesaid as found and
their costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the Court finds from
the instrument in writing on which this action is found that the defendant owes
the plaintiffs twenty one hundred and fifty nine dollars and eighty four cents. It is
therefore considered by the Court that the plaintiffs, recover of the defendant the debt aforesaid as found
and their costs herein expended and have execution therefor.
Order of Publication.
On motion of the plaintiff, by his attorney, it is ordered that that the defendant be
notified that a civil action has been commenced against for the sum of two hundred
and ninety nine dollars and twenty cents, on account of goods sold by the firm of
Theobald
been attached; and unless he appear at the next term of this Court to be begun and held at the City of St
Louis, within and for the County of St Louis, on the first Monday of February next, and on or before the
third day thereof answer to the action aforesaid, according to law, judgment will be rendered against him
and his property sold to satisfy the same. And it is further ordered that a copy hereof be published accor
ding to law, in the St Louis Evening Bulletin, a newspaper printed and published in the City of St Louis.
Confession of Judgment.
Now comes the defendant and files his duly sworn statement, confessing himself indebted
to the plaintiff in the sum of eighteen hundred dollars and authorizing the entering up of
judgment against him for that amount. It therefore considered by the Court that the
plaintiff recover of the defendant the debt aforesaid as confessed and also his costs herein expended and
have execution therefor.
By leave of Court first obtained, Sheriff amends his return of the execution issued
herein returnable to the present term of this Court.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court that
the order of publication made herein has been duly published, but the defendant,
although duly warned and called comes not but makes default, wherefore the peti
tion herein is taken against him as confessed.
Now comes the plaintiff, by his attorney, but the defendant
duly summoned and called comes not but makes default, wherefore the petition herein
is taken against him as confessed; on motion of plaintiff ordered that an alias
Summons issue for Moies.
Reply filed.
Reply filed.
Denial of answer filed.
Answer filed.
Answer of
Motion for judgment filed.
Motion to strike out answered and for judgment filed.
Depositions for plaintiffs
opened and filed.
Depositions for defendants opened
and filed.
Motion for security for costs and answer filed.
Denial of answer filed.
Answer filed.
Now come again the parties, by their respective attorneys, and also the Jurors empanelled
and sworn herein, and thereupon the trial of this cause progressed but not being finished
is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
Notice of motion filed. On motion of plaintiffs, by attorney, a dedimus is
awarded them to take depositions in Indiana on the seventeenth instant.
On Bill of Exchange.
Now comes the plaintiff, by its attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the Court finds from
the instrument in writing on which this action is founded that the defendant
owes the plaintiff in the sum of thirteen hundred and sixty six dollars and seventy three cents. It is therefore
considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and its costs
herein expended have execution therefor.
On Bill of Exchange. Now comes the plaintiff, by its attorney, but the defendant, although duly summoned
and called comes not but makes default, wherefore the Court finds from the instru
ment in writing on which this action is founded that the defendant owes the plain
tiff twenty three hundred and ninety four dollars and twenty eight cents. It is therefore considered by the
Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein ex
pended have execution therefor.
On notes.
Now comes the plaintiff, by his attorney, but the defendant although duly summoned
and called, comes not but makes default, wherefore the Court finds form the instru
ments in writing on which this action is founded that the defendant owes the plain
tiff six hundred and fourteen dollars and eighty five cents. It is therefore considered by the Court that the
plaintiff recover of the defendant the debt aforesaid as found and his costs herein expended and have execution therefor.
Sir fa to revive judgment and lien.
Now at this day comes
bonis non of the estate of
and on his motion and it appearing to the Court that he is duly
qualified as such administrator, it is ordered by the Court that
he be substituted as plaintiff, and the sad although duly summoned, and being three times solemnly
called, comes not, neither hath he answered the said writ, wherefore it is ordered that his default be
entered: and it is considered by the Court that the judgment aforesaid rendered in this Court, on the
two dollars and eighty five cents, with interest and costs, be revived, and the line thereof be continued for
a period of two years.
On note.
Now come the plaintiffs, by their attorneys, and file proof satisfactory to the
Court that the order of publication made herein has been published according
to law, but the defendant, although duly warned and called, comes not but
makes default, wherefore the Court finds from the instrument in writing on
which this action is founded that the defendant owes plaintiffs five hundred and fifty dollars. It is there
fore considered by the Court that the said plaintiffs recover of the said defendant the debt aforesaid
in form aforesaid as found and their costs in this behalf expended and have execution therefor against
the property attached.
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to
Young
come not but make default, wherefore the Court finds from the instr
ment in writing on which this action is founded that the defendants owe
the plaintiff six hundred and eighteen dollars and five cents. It is therefore considered by the Court that the
plaintiff recover of the defendants the debt aforesaid as found and his costs expended and have execution therefor.
On Note.
Now come the plaintiffs, by his attorney, but the defendants, although duly
summoned and called, comes not but make default, wherefore the Court finds
from the instrument in writing on which this action is founded that the
defendants owe the plaintiffs eleven hundred and fifty three dollars and eighty
six cents. It is therefore considered by the Court that the plaintiffs recover of
the defendants the debt aforesaid as found and their costs herein expended and have execution therefor.
Reply filed.
Answer filed.
Answer filed.
Motion to set aside judgment filed.
Answer filed.
Demurer filed.
Plea in abatement filed.
Answer of
Answer of
Answer filed.
Now comes the plaintiff, by his attorney but the defendant, although duly called
comes not but makes default, wherefore the petition herein is taken against
it as confessed.
Six additional days are given defendant to answer.
Answer of
Confession of judgment.
Now comes the defendant and files a duly verified statement confessing himself
indebted to the plaintiffs in the sum of two hundred and seventy dollars and
four cents and authorizing the entering up of judgment for that amount. It is
therefore considered by the Court that the plaintiffs recover of the defendant the
debt aforesaid as confessed and their costs herein expended and have execution therefor and it is ordered
that this judgment bear interest at ten percent per annum.
Now come the said
upon consideration of which, it is ordered by the Court that a Commission
to perpetuate the testimony of
of St Louis.
Now comes the plaintiff, by his attorney, and files an affidavit and also a
bond which bond is approved, whereupon it is ordered that an attachment
in aid issue against
also to Lincoln County returnable to the next term of this Court.
Deposition for plaintiff opened and filed.
Answer of
Motion for security for costs filed.
Motion for security for costs filed.
Motion to strike out petition filed.
Answer filed.
Motion for security for costs filed. Answer filed.
Answer filed.
Answer filed.
Answer filed.
On motion of the said garnishee, by attorney, it is ordered that they
be discharged hence at the plaintiffs costs and that execution issue
therefor. Five dollars is allowed each of said garnishees.
Now come again the parties, by their respective attorneys, also the Jurors em
panneled and sworn herein, and thereupon trial progressed but not being
finished is laid over until Monday.
Court met pursuant to adjournment. Present as before.
Now comes
tion of such, to take effect on the twenty fourth instant.
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the
order of publication made herein has been duly published according to law.
Now comes the plaintiff, by his attorney and files satisfactory to the Court that
the order of publication made herein has been published according to law.
Motion for security for costs filed.
Answer filed.
Answer filed.
Answer filed.
Answer and motion for judgment filed.
Answer filed.
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and
called comes not but make default, wherefore petition herein is taken against him
as confessed.
Answer and exhibit filed.
Answer of
Interrogatories
filed by leave.
Interrogatories filed by
leave.
One week additional time is given plaintiffs to except to answer.
One week additional time is given plaintiffs to except to answer.
One week additional time is given plaintiffs to except to answer.
One week additional time is given plaintiffs to except to answer.
On note.
Now come the plaintiffs, by their attorney, but the defendant although
duly summoned and called comesnot but makes default, wherefore
the Court finds from the instrument in writing on which this action
is founded that the defendant owes the plaintiffs eight hundred and
fifty five dollars and two cents. It is therefore considered by the Court
that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expen
ded and have execution therefor.
Now come the plaintiffs, by their attorney, but the defendants, although duly
summoned and called come not but make default, wherefore the petition
herein is taken against them as confessed.
Now come the plaintiffs, by their attorney, but the defendant, although duly
summoned and called comes not but makes default, wherefore the petition
herein is taken against him as confessed.
Now come again the parties, by their respective attorneys, and also the Jurors
empanneled and sworn herein, and thereupon the trial of this cause progressed
but not being finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
Confession of Judgment.
Now come the plaintiffs, and also comes the defendant and files his duly
verified statement confessing himself indebted to the plaintiffs in the sworn of
four hundred and fourteen dollars and twenty eight cents, and authorizing
the entering up of judgment therefor. It is therefore considered by the Court
that the plaintiffs, recover of the defendant the debt aforesaid as confessed and their costs herein expended and
have execution therefor: and it is ordered that this judgment bear interest at ten percent per annum after
the third day of December next.
Confession of Judgment. Now comes the defendant and files a duly verified statement
confessing himself indebted to the plaintiffs in the sum of five hundred and forty three dol
lars and ninety five cents and authorizing the entering up of judgment therefor. It is therefore
considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as
confessed and their costs herein expended and have execution therefor, and that this judgment bear interest at ten percent per annum.
On notes.
Now comes the plaintiff, by his attorney, and it appearing to the Court that
the plaintiff has given security for costs, therefore on motion of plaintiff
it is ordered that the motion to dismiss be overruled; and the defendants
although duly called come not but make default, wherefore the petition is
taken against them as confessed; and the Court finds from the instrument in writing on which this
action is founded that the defendants owe the plaintiff fourteen hundred and eighteen dollars and
fifty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt
aforesaid as found and his cost herein expended and have execution therefor.
Madden
of a deed of emancipation to slave
height, black complexion, all the fingers on his night hand lost.
Reply filed.
Answer filed.
Answer filed.
Confession of Judgment.
Now comes the defendant and files his duly verified statement confessing himself indebted
to the plaintiff in the sum of twenty four hundred and fourteen dollars and seventy four
cents and authorizing the entering of judgment therefor. It is therefore considered by
the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and also his costs herein expen
ded have execution therefor.
The plaintiff files a bond for costs with
is approved.
Time to answer herein is extended one week.
Notice
Answer filed.
The plaintiff by his attorneys, acknowledges to have received full and entire satisfaction of
the judgment herein rendered.
Depositions on behalf of
Depositions on behalf of
Answer of
Now comes the plaintiff, by his attorney, and file proof satisfactory to the
Court that the order of publication made herein has been duly published ac
cording to law.
Now come again the parties, by their respective attorneys, and also the Jurors em
panneled and sworn herein and thereupon the trial progressed but not being fin
ished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
under oath, acknowledges the execution of a deed of emancipation to Jury Whiting, aged about fifty nine
nine years, dark complexion, about five feet ten inches in height, small sear on forehead.
On Note.
Now comes the plaintiff, by its attorney, but the defendants al
though duly summoned and called, come not but make default,
wherefore the Court finds from the instrument in writing on which this action is founded that the defendants one the plaintiff twenty
eight hundred and eighty eight dollars and eleven cents. It is there
fore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and its
costs herein expended and have execution therefor.
Order of Publication.
On motion of the plaintiff, by his attorney, it is ordered that the defendant be
notified that a civil action has been commenced against him, on account of a prom
issory note, for the sum two hundred and twelve dollars, and that his property
has been attached; and unless he appear at the next term of this Court to be begun and held at the City of
St Louis, within and for the County of St Louis, on the first Monday of February next, and on or be before
the third day thereof answer to the action aforesaid according to law, judgment will be rendered against
him and his property sold to satisfy the same. And it is further ordered that a copy hereof be published
according to law in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
Notice of Motion and motion for attachment against receiver filed.
On Notes.
Now comes the plaintiff, by his attorney, but the defendants, although duly warned
and called, come not but make default, wherefore the Court finds from the instru
ments in writing on which this action is founded that the defendants owe the plaintiff
the sum of Sixteen hundred and fifty eight dollars and fifty three cents. It is there
fore considered by the Court that the plaintiff recover of the defendants the debt
aforesaid as found and his costs herein expended and have execution therefor against the property attached.
Now comes the plaintiff, by his attorney, but the said garnishee although duly sum
moned and called comes not but makes default, wherefore, on motion of plaintiff
the interrogatories be taken against him as confessed.
Now come again the parties, by their respective attorneys, and also the Jurors empanneled
and sworn herein and thereupon the trial of this cause progressed, but not being finished
is laid over until tomorrow.
Court met pursuant to adjourned. Present as before.
Answer filed.
Answer filed.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the Court finds from the instrument
in writing on which this action is founded that the defendant owes the plaintiff one hun
dred and ninety nine dollars. It is therefore considered by the Court that the plaintiff recover of the defendant
the debt aforesaid as found and his costs herein expended and have execution therefor.
On account.
Now come the plaintiffs, by their attorney, and move the Court for judgment upon the
answer herein, which, upon consideration is sustained; and the Court finds that the
defendant owes the plaintiffs one hundred and seventy seven dollars and twenty six
cents. It is therefore considered by the Court that the plaintiffs recover of the defen
dants the debt aforesaid inform aforesaid as found and also their costs herein expended and have execution therefor.
Substitution of Trustee.
It appearing to the Court from the application of the said
petitioners that
deed of trust executed by
the Recorders Office of St Louis County in Book 167 page
416, has departed this life, and
trustee in said deed of trust, has removed from this State without having completed the performance
of the duties imposed on them by said deed of trust; therefore it is ordered by the Court that
Cerre
place of the said original trustee.
On motion of the defendant, by his Attorney, until the fourteenth day of November next
is given him to plead herein.
Now comes the plaintiff, by her attorney, and by leave of Court first obtained
amends her petition by striking out prayer for alimony and allowance penden
te lite, but the defendant although duly summoned and called comes not but
makes default, wherefore the petition herein is taken against him as confessed.
Order of Publication
On motion of plaintiffs, by their Attorney, it is ordered that the defendant be noti
fied that a civil action has been commenced against him for the sum of three
hundred and seventy eight dollars and seventy one cents, on account of a draft ac
cepted by the defendant, that his property has been attached; and unless he appear
at the next term of this Court to be begun and held at the City of St Louis, within and for the County
of St Louis, on the first Monday of February next, and on or before the third day thereof answer
to the action aforesaid, according to law, judgment will be rendered against him and his property sold
to satisfy the same. And it is further ordered that a copy hereof be published according to law in the
Missouri Democrat a newspaper printed and published in the City of St Louis.
Order of Publication.
On motion of plaintiffs, by their Attorney, it is ordered that the defendant be
notified that a civil action has been commenced against him for the sum of
one hundred and one dollars and ninety two cents on account of a promissory
note executed by the defendant; and that hi property has been attached, and
unless he appear at the next term of this Court to be gun and held at the City of St Louis, within and
for the County of St Louis, on the first Monday of February next, and on or before the third day thereof
answer to the action aforesaid, according to law, judgment will be rendered against him and his property
sold to satisfy the same. And it is further ordered that a copy hereof be published according to law,
in the Missouri Democrat a newspaper printed and published in the City of St Louis.
Order for Delivery. The plaintiff comes and files a petition and affidavit according to
law, claiming the possession of certain personal property therein described; wherefore it is
ordered that the defendants deliver the property specified in said petition to the Sheriff of
St Louis County and said Sheriff is hereby directed, if said property be not delivered to him
to take it from the defendants and deliver it to the plaintiff.
On motion of plaintiffs, by attorney, a dedimus is awarded them to Illinois.
Order of Publication.
The plaintiffs having filed a petition and also an affidavit sta
ting that the defendant,
State, therefore, on motion of the plaintiffs, by their attorney, it is
ordered that the said defendant be notified that a civil action has
been commenced against him for the sum of two thousand dollars
on account of a bill of exchange executed by Louis Charleville and accepted by defendant
and that his property has been attached; and unless he be and appear at the next term of this Court to be
begun and held at the City of St Louis, within and for the County of St Louis, on the first Monday of Febru
ary next, and in or before the third day thereof, answer to the action aforesaid according to law, judgment will
be rendered against him and his property sold to satisfy the same. And it further ordered that a copy hereof
be published, according to law, in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
On motion of plaintiff, by attorney, ordered that this cause be dismissed at its costs and
that execution issue therefor.
On motion of the plaintiff, by its attorney, it is ordered by the Court
that the judgment herein be set aside and vacated and this cause be
dismissed at its costs and that execution issue therefor.
The defendants motion for an attachment being heard and fully considered by
the Court, it is ordered that an attachment issue against
receiver returnable Tuesday 18th instant to answer a contempt for failing to
obey the order made herein requiring herein to pay over to defendants all
rents and moneys which have come to his hands as receiver in this cause.
Now come again the parties, by their respective attorneys, and also the Jurors empan
nelled and sworn herein and thereupon the trial progressed, but not being finished is
laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
On motion of plaintiffs, by attorney, its is ordered by the Court that this cause be dis
missed at their costs and that execution issue therefor.
The plaintiff, by his attorney, acknowledges to have received full and entire satisfaction
of the judgment herein rendered.
Now comes the plaintiff, by her attorney, and files proof that the order of publica
tion made herein has been duly published according to law; but the defendant,
although duly waived and called comes not but makes default, wherefore the
petition herein is taken against him as confessed.
Until November third is given garnishee to answer herein.
Answer filed.
By leave of Court, first obtained, defendants amends his answer by adding an affi
davit there to.
On Execution 299
On motion of garnishees
F Shapleigh
charged at plaintiffs costs and that execution issue therefor. Five dollars allowed each.
Replication filed.
Reply filed.
Answer filed.
Depositions for plaintiff opened and filed.
Motion for judgment filed.
Now come again the parties, by their respective attorneys, and also the Jurors
empanneled and sworn herein, and thereupon the trial progressed, but not being
finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
On note.
Now come the plaintiffs, by their attorney, but the defendants, although
duly waived and called, come not but make default, wherefore the Court
finds from the instrument in writing on which this action is founded that
the defendants owe plaintiffs four hundred and seventy dollars and ninety
seven cents. It is therefore considered by the Court that the plaintiffs recover
of the defendants the debt aforesaid as found and their costs herein expended and have execution therefor.
The Commissioners, appointed to examine into the affairs of St Louis County, exhibit
and file their accounts for services, and the Court audits the same and allows to
Simonds
eight dollars, to
and orders that the said amounts be certified to the Board of Commissioners of St Louis County for payment.
Answers filed.
Reply filed.
Depositions for defendants
opened and filed.
Replication filed.
Depositions for defendant opened and filed.
Now come the plaintiffs, by their attorney, but the defendants, although duly sum
moned and called, come not but make default, wherefore the petition herein is taken against them as confessed.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court
that the order of publication made herein has been published according to law.
On note.
Now come the plaintiffs, by their attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the Court finds
from the instrument in writing on which this action is founded that the
defendant is indebted to the plaintiffs in the sum of two hundred and
ninety two dollars and twenty one cents. It is therefore considered by the Court that the plaintiffs
recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein
expended and have execution therefor.
On motion of defendant a dedimus is awarded him to Texas.
Plea in abatement filed.
Answers of
Answers of
On motion of defendant, by attorney, and by consent of plaintiff, the interlocutory judgment
of default, herein is set aside and vacated; by consent and leave the defendant files an
answer herein.
Now come again the parties, by their respective attorneys, and also the Jurors
empanneled and sworn herein and thereupon the trial progressed but
not being finished is laid over until Monday.
Court met pursuant to adjournment. Present as before.
pation to his slave Melinda, a negro woman of dark or black complexion.
Confession of Judgment.
Now comes the defendant and files his duly verified statement confessing himself indebted
to the plaintiff in the sum of three hundred and forty one dollars and fifty six cents and
authorizing the entering up of judgment against him for that sum. It is therefore considered
by the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and his costs herein
expended and have execution therefor; and it is ordered that this judgment bear interest at seven per cent per annum.
Confession of Judgment.
Now come the defendants an file a statement in writing duly verified
by affidavit confessing themselves indebted to the plaintiffs in the sum of
four hundred and twenty six dollars and ninety cents and authorizing the
entering up of judgment against them for that sum. It is therefore con
sidered by the Court that the plaintiffs recover of the defendants the debt
aforesaid as confessed and their costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their attorney, and, on their motion, it
is ordered by the Court that the judgment herein rendered be set
aside and vacated; but the defendants although duly summoned
and called come not but make default, wherefore the Court find
from the instrument in writing on which this action is founded
that the defendants are indebted to the plaintiffs in the sum of three hundred and nineteen dollars. It is
therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as found
and their costs herein expended and have execution therefor.
Order of Publication as to
The plaintiffs, file an additional affidavit, from which
it appears that the defendant
ident of this State, therefore, on motion of the plaintiffs,
by their attorney, it is ordered that the said defendant
be notified that a civil action has been commenced against
him for the sum of five hundred and eighty nine dollars, on account of a bill of exchange, and that
unless he appear at the next term of this Court to be begun and held at the City of St Louis, within and
for the County of St Louis on the first Monday of February next, and on or before the third day thereof, an
swer to the action aforesaid, according to law, the petition herein will be taken against him as confessed. And
it is further ordered that a copy hereof be published, according to law, in the Missouri Democrat, a newspaper,
printed and published in the City of St Louis.
Now come the plaintiffs, by their attorney, but the defendant,
although duly summoned and called comes not but makes default, where
fore the petition herein is taken against him as confessed.
Inventory filed; and on motion of the assignees, the Court appoints
L Greenfield
On motion of the plaintiffs, by attorney, ordered that this cause be dismissed at their costs
and that execution issue therefor.
On motion of defendant, by his attorney, fifteen days are given him to file excep
tions to Commissioners report.
Reply filed.
Answers filed by garnishees.
On motion of defendant, by his attorney, until the twenty eight instant
is given him to answer.
Depositions for plaintiff opened and filed.
Motion to strike out parts of petition filed.
Now come again the parties, by their respective attorneys, and also come the
Jurors empanneled and sworn, and the trial progressed
finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
Now comes
affidavit, and also the affidavit of
satisfactory evidence presented to this Court it is ordered to be certified
that Land Warrant No 38011 for one hundred and sixty acres as issued to
under the act of 1855 was regularly assigned to
owner thereof having purchased it for a valuable consideration.
Deposition for plaintiff opened and filed.
Answer filed by
consent.
Denial of answer of
On motion of plaintiffs, ordered that an alias Summons issue to Lafayette
County for
Agreement filed.
Denial of answer of
Denial of answer of
Denial of answer of
Denial of answer of
Plaintiff files a bond for costs, with J Dornife, as security, which is approved.
By leave of Court defendants file an answer and exhibit herein.
Plaintiff files an assignment of the judgment herein to Franklin Weston
The said Louisa alias Louisa Lewis files her petition and upon con-
sideration thereof it is ordered by the Court that the said petitioner
be allowed to sue for the freedom of herself and of her child, George,
on giving security satisfactory to the Clerk for all costs that may
be adjudged against her; ordered further that they have reasonable to attend their counsel and the
Court as occasion may require, that they be not removed out of the jurisdiction of this Court, and be
not subject to any severity on account of their application for freedom.
On motion of plaintiff a dedimus is awarded him to Pennsylvania.
Motion to apply money returned by Sheriff filed.
Reply filed
by leave.
Proof of Service of Attachment filed.
Now come the plaintiff, and defendants, by their Attorneys, and also comes
Frederick W Engel and files an answer to the attachment for contempt
and the Court, upon consideration of the premises, doth order that the said Engel pay over forthwith to the
Clerk of this Court all rents and moneys which he may have collected by virtue of his receivership in
this cause, and that upon the payment thereof and the costs of the writ of attachment herein he be discharged
from custody under said writ; thereupon the said Frederick W Engel pays over to Stephen Rice, Clerk
of this Court the sum of three hundred and eight dollars and eighty cents, on account of rents and moneys
received by him as receiver, and also the sum of one dollar and fifty cents, the costs of said writ of attachment
and takes his receipt therefor.
Peter Wegman, Marshall of St Louis County, in open Court acknowledges the execution of a deed
in favor of Edward Beckman and William Beckman for all the right title, interest, claim, es-
tate and property of Ewald Herweg in and to the following described property in the County of
St Louis State of
wook, in St Louis County, as the same is laid down in the plat of said town on file in the office
of County Recorder of St Louis County, containing fifty feet front on Main street in said town
by a depth of one hundred and forty feet, bounded on the South by said Main street East by
lot number twenty three in said Block, North by an alley 20 feet wide, and West by lot Number
20 in said block being the same lot which was conveyed to said Ewald Herweg by deed
from Kirkwood Association bearing date the
No 6 page 120 in the Recorders Office of St Louis County; sold under and by virtue of an
execution issued from the Office of the Clerk of the St Louis Law Commissioners Court on the
against
Now come again the parties, by their respective attorneys, and also the Jurors empanneled
and sworn herein, and the trial progressed, but not being finished is laid over until
tomorrow.
Court met pursuant to adjournment. Present as before.
The plaintiff having failed to file security for costs, as ordered by the Court, therefore
on motion of the defendant, it is ordered that this cause be dismissed at the costs of
said plaintiff and that execution issue therefor.
files an Inventory, and on his motion, the Court appoints
praisers to appraise the assets so inventoried.
On motion of the plaintiff it is ordered by the Court that this cause be dismissed at
his costs and that execution issue therefor.
On motion of the defendant, by his attorney, a dedimus is awarded him to Pennsyl
vania.
Defendants file an answer and counterclaim and also file, as exhibits, three due
bills or orders, two notes, one deed and a copy of a deed and also tax receipt.
Confession of Judgment.
Now comes the plaintiff, in person, and the defendant also comes and files a
statement in writing duly verified by affidavit, confessing himself indebted to the
plaintiff in the sum of four hundred and seventy five dollars and authorizing the
entering up of judgment against him for that sum. It is therefore considered by the Court that the plaintiff
recover of the defendant the debt aforesaid in form aforesaid as confessed and also his costs herein expended
and have execution therefor.
On account.
Now comes the plaintiff, by his attorney, and waiving claim for ten per cent interest, moves
the Court for judgment on the answer herein, which motion, upon due consideration by the
Court is sustained; and the Court finds that the defendant is indebted to the plaintiff in
the sum of six hundred and one dollars and twenty cents. It is therefore considered by the Court that the
plaintiff recover of the defendant the debt aforesaid as found and his costs herein expended and have execution
therefor.
Agreement concerning depositions filed.
under oath, exhibits and files a power of attorney from
in the name and behalf of said
man named
Now comes
from the plaintiff to dismiss this suit, and on motion of said attorney, it is
ordered by the Court that this cause be dismissed at the costs of said plain
tiff and that execution issue therefor.
Now come again the parties, by their respective attorneys, and also the
Jurors empanneled and sworn herein and the trial progressed and
being finished the Jurors retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
Appraisement filed. The assignee files a bond in the sum of thirteen
thousand one hundred and fifty dollars and fourteen cents with
Edwin H Wheedon
assignee
Monday of December next.
wife of
Courtenay, daughter of said
about twelve years,
forty five years, five feet eight or nine inches, dark color and medium size. Said
known to the Court.
Order of Sale.
Now comes
ment from which it appears that he has seized the
der
ty of St Louis, and the five days have elaspsed since said seizure, and no person has given bond for the
release of said barge, therefore it is ordered that said
to the highest bidder for cash, first giving twenty days notice of the time and place of sale by publication
according to law.
Substitution of Trustee.
It appearing to the satisfaction of the Court from the application of said
petitioners that
by
cuted or accepted the trust and declines to accept the same, therefore
it is ordered by the Court that
carry out the trusts created in and by said deed, in lien of the said
On motion of plaintiff, by his attorney, it is ordered that this cause be dismissed at his
costs and that execution issue therefor.
Attachment.
On motion of plaintiff, by his attorney, it is ordered by the Court that an alias
summons issue herein.
Motion to set aside dismissal filed.
Answer of
On motion of the said garnishee, by his attorney, it is ordered by the Court that
he be discharged hence at the plaintiffs costs and that execution issue therefor.
Ten dollars is allowed said garnishee for answering herein.
Default.
Now come the plaintiffs, by their attorney, but the said garnishee although duly sum
moned and called comes not but make default, wherefore the interrogatories herein
are taken against him as confessed.
Depositions for defendant opened and filed.
Depositions for plain
tiff opened and filed.
Deposition for defendant opened and filed.
Depositions for plaintiff opened
and filed.
in all of the Courts of the State of Missouri, on motion, are admitted and enrolled as mem
bers of this Bar.
Petition to set aside
Now come the parties, by their respective attorneys, and also come
a jury, to wit;
H Swain
Craig
sworn the issues herein joined well and truly to try the trial progressed but not being finished is laid over
until tomorrow.
The plaintiffs file a petition for an injunction and the Court, after hearing the agree
ments of counsel, takes time to consider thereof.
Court met pursuant to adjournment. Present as before.
Change of Venue.
Now come the parties, by their respective attorneys, and file an agreement, and by their
consent it is ordered by the Court that the venue of this cause be changed to the St Louis
Court of Common Pleas, and that the Clerk of this Court cause all the original
papers, including pleadings, motions, exhibits, depositions, stipulation, to be filed in the Office of the Clerk of
said St Louis Court of Common Pleas, with a certified copy of the record entries herein.
Confession of Judgment.
Now comes the plaintiff, by his attorney, and files the statement of the defendant
confessing himself indebted to the plaintiff in the sum of three hundred and sixty
eight dollars and forty nine cents, and authorizing the entering up of judgment
against him in favor of the plaintiff for that amount. It is therefore considered by the Court that the plaintiff
recover of the defendant the debt aforesaid as confessed and also his costs herein expended and have execution therefor.
Motion to strike out and of the
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and
comes not but makes default, wherefore the petition herein is taken against him as
confessed; and this cause is continued.
Now comes the plaintiff and files a petition for freedom.
Denial of answer of
Ejectment.
Now at this day come the parties, by their respective Attorneys, and the
plaintiff suggests to the Court the deaths of
the Jurors, empanneled and sworn herein, and being agreed upon a verdict
upon their oaths find the defendants guilty of the trespass and ejectment
complained of as to eleven fifteenths undivided of the land and prem
isses demanded in plaintiff's declaration and assess the damages sus
tained by the plaintiff on account of said trespass and ejectment and
the with holding of the possession of said eleven fifteenths from the plain
tiff at the sum of forty thousand dollars and assess the monthly value
of said eleven fifteenths at the sum of seven hundred and thirty three
dollars per month. It is therefore considered by the Court that the
plaintiff recover of the defendants the possession of eleven fifteenth (11/15ths) of the premises situate in the Coun
ty of St Louis, State of Missouri, mentioned and described in plaintiff's declaration as follows, to wit; a lot
or parcel of ground situated at a place called the prairie near St Louis or prairie La Grange de Terre
in said County, being a lot of one arpen, French measure, in width, by forty arpens, like measure, in length,
and the same tract in said prairie, which was originally granted to one Louis Lirette, and by the said Li
rette sold to one
[1479] as appears by the records of the office of the Surveyor General of Missouri and Illinois, and also the sum
of forty thousand dollars his damages assessed together with the accruing rents and profits of said premi
ses at the rate of seven hundred and thirty three dollars per month until possession of said premises be delivered
to him and also his costs and charges in this behalf expended and have execution therefor. Motion to set aside verdict
and judgment and grant a new trial filed by defendants.
Missouri, is admitted and enrolled as an attorney of this Bar.
Depositions for defendant opened and filed.
Now come again the parties, by their respective attorneys, and also come the
jury empanneled and sworn herein and the trial progressed, but not being
finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
of the costs thereof.
Assignment filed.
On note.
Now come the plaintiff, by their attorney, but the defendant, although
duly waived and called, comes not but makes default, wherefore the
petition herein is taken against him as confessed; and the Court finds
from the instrument in writing on which this action is founded that
the defendant owes the plaintiffs one hundred and sixteen dollars and
nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid
in form aforesaid as found and their costs herein expended and have execution therefor against the property attached.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed
at their costs and that execution issue therefor. Leave is given plaintiffs to withdraw
notes sued on.
On motion of plaintiffs, a dedimus is awarded them to Ohio to take deposi
tions in their behalf.
Order of Injunction.
The Court being now sufficiently advised of and concerning the application for an
injunction and the plaintiffs filing a bond in the sum of two thousand dollars
with
it is ordered that the defendants, and each of them, and their servants agents and
attorneys, be restrained and enjoined until the further order of this Court, from
selling or proceeding to sell the following Case hold estate, advertised for sale on
the twenty fourth instant, to wit; the balance of an unexpired term of lease of
twenty years, from the
thereon the South side of Market street in the City and County of St Louis State of Missouri
between Seventh and Eighth street described as follows; beginning at the West end of Wall of a row
of four houses built by one
street twenty four (24) feet, thence Southwardly one hundred and thirty three feet more or less to an
alley running East and West twenty feet wide, thence along the North line of said alley, Eastwardly
twenty four (24) feet, thence Northwardly to the place of beginning.
Order of Injunction.
On reading and filing the petition herein, it is ordered that the said defendants
appear before this Court on Tuesday next, the twenty fifth instant at nine oclock
A M and show cause why an injunction should not be granted against them;
and it is ordered that until said date the defendant,
and attorneys, be restrained and enjoined from using the firm name of
for any purpose, whatever and from removing any of the books or papers or other property of said firm or
making any use or disposition thereof, and the said
and restrained from collecting transferring or in any way using any notes, accounts, or other evidences of debt or
any property whatever conveyed to him individually or as the agent or representative of others by said
fifteen hundred dollars, conditioned according to law, which is approved by the Court.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned
and called comes not but makes default, wherefore the petition herein is taken against
him as confessed; and the Court finds from the instrument in writing on which this
action is founded that the defendant owes the plaintiff three hundred and thirty nine dollars and twenty
cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid
as found his costs herein expended and have execution therefor. Judgment to bear interest at ten per cent per annum.
The Plaintiff, by leave of Court, files interrogatories against said garnishee.
The Plaintiff, by leave of Court, files separate interrogatories against
said garnishees.
Petition to set aside and annual Will.
Now come again the parties, by their respective attorneys,
and also the Jurors empanneled and sworn herein, and
the trial progressed, and being finished the jurors afore
said upon their oaths aforesaid find the following verdict,
to wit; We the Jury finds that the writing produced is the
will of
therefore considered by the Court that the writing produced
and admitted to probate by the Probate Court of St Louis
County is the Will of
plaintiffs take nothing by their suit in this behalf but that
the defendants go hence without day and recover of the said
plaintiffs their costs and charges in this behalf expended
and have execution therefor.
Court met pursuant to adjournment. Present as before.
Said Bates files an answer herein.
Answer of
Leave is given the plaintiff to withdraw bill sued on.
Now comes the plaintiff, by attorney, but the defendant,
duly summoned and called comes not but makes default, wherefore the petition herein
is taken against him as confessed.
On motion of plaintiff, by his attorney, a Commission to
the
take depositions and also a Commission to
Peace of the town
On motion of plaintiffs, by their attorney, it is ordered that an alias sum
mons issue for defendant
Deposition for plaintiff opened and filed.
Bond of assignees filed and approved by the Court; on motion
of the assignees, it is ordered by the Court that they proceeds to sell
the effects assigned at private sale until March next at not less
than their appraised value.
Reply of
Poertner
Reply of
Reply of
Poertner
Reply of
Motion to strike out answer of
and it is ordered that the same be
this date as follows, to wit;-
We, the undersigned Judges respectively of the St Louis Circuit Court,
the St Louis Court of Common Pleas, the St Louis Land Court, and the St Louis Criminal
Court, acting under and by authority of An Act of the General Assembly of the State Of Missouri
approved
also of an act supplementary thereto approved
be Jury Commissioner of St Louis County, to fill the vacancy occasioned by the resignation of
uel W Eager Jr
day of October instant until the first a of July A D, eighteen hundred and sixty
removed there from according to law. Given under our hands, at the Court House, in the Cit and County
of St Louis this
impartially discharge his duties as Jury Commissioner of St Louis County.
Sworn to and subscribed before me this twenty
at office in the City of St Louis the day and year last above written.
On note.
Now comes the plaintiff, by his attorney, and the defendant,
also comes and waiving service of process enters his appearance to this action and
varies all right to plead or defend herein, but the defendants,
and
make default, wherefore the petition herein is taken against them as confessed,
thereupon the plaintiff dismisses this suit as to
mits this cause to the Court, and the Court finds from the instrument in writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of twenty six hundred and eighty one dollars and
twenty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt
aforesaid as found and his costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
under oath, acknowledges the execution of a dud of emancipation to
about twenty nine years and her female child
Answer filed.
Continued.
On motion of plaintiff, by his attorney, leave is given to file an amended petition.
Amended Petition filed.
Petition to condemn Land.
Now at this day come the parties aforesaid, by their respective attorneys,
and the plaintiff files a petition and no sufficient cause being
against granting the prayer of the sad petitioner, it is therefore ordered
that
appraise the compensation tot be made to the said defendant for the real estate proposed to be taken for the
used of the said Company and the Court doth further appoint the
dred and fifty nine
place for the first meeting of said Commissioners.
On motion of the plaintiffs, by their attorney, it is ordered that the garnishees
issue therefor.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be
dismissed at this costs and that execution issue therefor.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be
dismissed at this costs and that execution issue therefor.
On notes and Bills of Exchange.
Now comes the plaintiff, by his attorney, but the defendant although duly called,
comes not nor has he pleaded herein, wherefore on motion of the plaintiff, it is ordered
by the Court that the petition be taken against said defendant as confessed; and
the Court finds from the instruments in writing on which this action is founded that the defendant is in
debted to the plaintiff in the sum of thirteen hundred and five dollars and ten cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his cost
herein expended and have execution therefor.
Depositions for plaintiff opened and filed.
Continued.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the statement of the defen
dant confessing himself indebted to the plaintiffs in the sum of forty nine hunr
dred and forty six dollars, and five cents and authorizing the entering up of judgment
by the Court that the plaintiffs recover of the defendant the debt aforesaid as con
fessed and also their costs herein expended and have execution therefor.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the statement of the defendant
confessing himself indebted to the plaintiffs in the sum of twenty eight hundred
and fifty dollars and sixty seven cents and authorizing the entering up of judgment
against him in favor of the plaintiffs for that sum. It is therefore considered by
the Court that the plaintiffs recover of the defendant the debt aforesaid as confessed and also his costs herein
expended and have execution therefor.
Petition for Injunction.
Now come the plaintiffs, by their attorney, and the defendant in
proper person, also comes, and the parties file an agreement and
consent that judgment may be rendered in favor of the plaintiffs
and against the defendant and the damages be assessed at
the sum of one cent. It is therefore considered by the Court that
the Injunction granted herein be rendered perpetual, as therein reci
ved, and that the plaintiffs recover of the defendant the damages aforesaid as agreed upon and also their
costs herein expended and have execution therefor.
On notes.
Now come the plaintiffs, by their attorney, but he defendant
Arnot
default, wherefore the petition herein is taken against him as confessed;
and the other defendants although called come not; and the Court
finds form the instrument in writing on which this action is founded that the defendants are indebted to the
plaintiffs in the sum of seven hundred and thrity four dollars and ninety eight cents. It is therefor consid
ered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their
costs herein expended and have execution therefor.
The death of the plaintiff having been suggested to the Court at a
former turn and no steps having been taken to bring in the legal rep
resentatives of said plaintiff, it is therefore ordered by the Court that
this suit abate.
Case.
Now come the parties, by their respective attorneys, and also come a Jury to wit;
Sworn the issue herein joined well and truly to try the trial progressed but no being finished is
laid over until to morrow.
motion for a new trial filed.
Court met pursuant to adjournment. Present as before.
On motion of the garnishee
it is ordered by the Court that he be discharged hence at the plaintiffs
costs and that execution issue therefor. The sum of ten dollars is at,
Lowed said garnishee for answering herein.
On motion of the plaintiffs, by their attorney, a dedimus is awarded them
to Illinois.
Confession of judgment.
Now comes the plaintiff, by his attorney, and the defendant also comes and files
a statement in writing confessing himself indebted to the plaintiff in the sum of
eight hundred and fort nine dollars and ninety one cents and authorizing the
entering up of judgment against him for that amount in favor of the plaintiff. It is therefore considered by
the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and also his costs herein
expended and have execution therefor.
Now at this day come
Commissioners appointed to examine into the affairs of St Louis County, and file a
report of their proceedings; and the said Commissioners also exhibit and file their
final accounts for services rendered, and the Court Examines the same and allows to
the sum of eighty dollars, to
the sum of sixty four dollars, and orders that the said amounts be certified to the Board of Commis
sioner of St Louis County for payment.
Order of Injunction.
Now comes the plaintiff, by his attorney, and no cause having been shorn to the contrary,
and the plaintiff filing a bond in the sum of fifteen hundred dollars with
and
W Barnes
Court from using ht firm name of
any of the books or papers or other property of said firm or making any use or disposition thereof, and said
Clagstone
transferring or using in any way any noted, accounts, or other evidences of debt, or any property whatsoever conveyed to him
individually or as the agent, or representative of others, by the said
and Company
ver, doth order and adjudge that
goods, chattels and effects of the said form of
and it is further ordered that the said Receiver, before entering upon the discharge of his duties, file a bond in the
sum of two thousand dollars, conditioned according to law, and take the required oath for the faithful discharge
of his duties. Thereupon the said Receiver files a bond, which is approved by the Court.
Reply and also Exhibit A filed.
Depositions for plaintiff opened
and filed
Depositions for plaintiff opened
and filed
Depositions for plaintiff
opened and filed.
Inventory filed.
affidavit of service of amended petition filed.
Now come again the parties, by their respective attorneys, and also come the
Furors, empanneled and sworn herein, and he trial progressed but not being
finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
On motion of the defendants, by their attorney, it is ordered that the Clerk of
this Court pay over to said defendants, or their attorney of record, the a mount
deposited in Court by the received in this cause.
Reply to amended denial of answer filed by garnishee.
Now come the assignees and file a petition to pay off deed of trust on
personality, and the Court, upon due consideration thereof, doth order
that the assignees pay, out of the first moneys coming to their hands, the
notes mentioned in said petition, and for the payment of which a deed of trust was executed, and that said
notes when paid be returned and filed in this Court with the deed of trust as vouchers therefor.
Now come the plaintiffs, by their attorney, and file a petition and also the
voluntary appearance of the defendant.
The defendant filed exceptions to the Commissioners Report.
Motion for security for costs filed.
Depositions for defendants opened and filed, and exhibit attached
thereto filed.
Depositions for plaintiff opened and filed.
Now come again the parties, by their respective attorneys, and also the Jurors em
panneled and sworn herein and the trial of this cause progressed but not being
finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
Confession of Judgment.
Now come the defendants and file a duly verified statement confessing them selves
indebted to the plaintiffs in the sum of three hundred and forty four dollars and
eight cents, and authorizing the entering up of judgment against them in favor of the
plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs
recover of the defendants the debt aforesaid as confessed and also their costs herein
expended and have execution therefor.
Confession of Judgment.
Now come the defendants and file a duly verified statement confessing themselves
indebted to the plaintiffs in the sum of three hundred and sixteen dollars and
eighteen cents, and authorizing the entering up of judgment against them in favor
of the plaintiffs for that amount. It is therefore considered by the Court that
the plaintiffs recover of the defendants the debt aforesaid as confessed and also
their costs herein expended and have execution therefor.
On notes.
Now at this day come the plaintiffs, by their attorney, but the defen
dant, although duly summoned and called, comes not but makes default,
wherefore, on motion of the plaintiffs, the petition herein is taken against
the said defendant as confessed; ad the Court finds from the Court finds from the instruments
in writing on which this action is founded that the defendant owes the
plaintiffs there hundred and ninety dollars and thirty two cents. It is therefore considered by the Court that
the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein
expended and have execution therefor.
Confession of Judgment.
Now comes the plaintiff, by his attorney, and file the duly verified statement, where
by the defendants confess themselves indebted to the plaintiff in the sum of Six hundred
and forty two dollars and sixteen cents, and authorize the entering up of judgment against
tem in favor of the plaintiff for that amount. It is therefore considered by the Court
that the plaintiff recover for the defendants the debt aforesaid as confessed and also his costs herein expended
and have execution therefor.
On motion of the assignee herein, thirty days additional time is granted in
which to file an inventory and appraisement herein.
Default.
Now come the plaintiff, by her attorney, but the defendant although
duly summoned and called comes not but makes default, wherefore,
on motion of plaintiff, the petition herein is taken against said defen
dant as confessed.
On note.
Now come the plaintiffs, by their attorney, but the defendant, al
though duly summoned and called, comes not but makes default,
wherefore the Court finds form the instrument in writing or which
two action is founded that the defendant owes the plaintiffs the sum
of six hundred and seventy six dollars and eighty one cents. It is
therefore considered by the Court that the plaintiffs recover of the
defendant the debt aforesaid as found and also their costs herein expended and have execution therefor.
On note.
Now at this day come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called comes not, but makes default, wherefore the
Court finds from the instrument in writing on which this action is founded
that the defendant is indebted to the plaintiffs in the sum of two hundred and
twenty four dollars and ninety two cents. It is therefore considered by the Court
that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expended
and have execution therefor.
On notes.
Now come the plaintiffs, by their attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the Court finds
form the instrument in writing or which two action is founded that the defen
dant owes the plaintiffs one hundred and fifty nine dollars and one cent. It is
therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found
and also their costs herein expended
and have execution therefor.
On Notes.
Now come the plaintiffs, by its attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the petition herein is taken against them
as confessed; and the Court finds from the instruments in writing on which this action
is founded that the defendant over plaintiff fifty six hundred and forty nine
dollars and seventy eight cents. It is therefore considered by the Court that
the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and it costs
herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by its attorney, but the defendants, although duly
summoned and called come not but make default, wherefore the petition
herein is taken against them as confessed; and the Court finds from the in
strument in writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of forty eight hundred and fourteen dol
lars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the
debt aforesaid as found and also its costs herein expended and have execution.
On note.
Now comes the plaintiff, by its attorney, and dismisses this suit as to the
defendant,
called come not but make default, wherefore the Court finds from the in
strument in writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of two hundred and seventeen dollars
and seven cents. It is therefore considered by the Court that the plaintiff
recover of the defendants the debt aforesaid as found and also its costs herein expended and have execution therefor,
On note.
Now come the plaintiffs, by their attorneys, but the defendant, although
duly summoned and called comes but makes default, wherefore the Court
finds from the instrument in writing on which this action is founded that
the defendant owes the plaintiffs there hundred and sixty one dollars and
thirty two cents. It is therefore considered by the Court that the plaintiffs recover of he defendant the debt
aforesaid as found and their costs herein expended and have execution therefor.
On Notes.
Now come the plaintiffs, by their attorneys, but the defendant, al
though duly summoned and called comes but makes default,
wherefore the Court finds from the instrument in writing on which
this action is founded that the defendant owes the plaintiffs the sum
of eight hundred and thirty seven dollars and twelve cents. It is
therefore considered by the Court that the plaintiffs recover of the
defendant the debt aforesaid as found also their costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his attorneys, but the defendant, although duly summoned and
called, comes not but makes default, wherefore the Court finds from the note herein
that the defendant owes the plaintiff two hundred and fifty five dollars and fifty three
cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid
as found and also his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorneys, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore the Court finds from the
note herein that the defendant owes the plaintiff two hundred and sixty dollars and
sixty six cents. It is therefore considered by the Court that the plaintiffs recover of the
defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
Amended petition filed by leave of Court.
Answer filed.
Order of Publication.
Now comes the plaintiff, by her attorney, and files a petition
and also an affidavit, from which it appears that the defen
dant is a non resident of this State, therefore, on motion of said
plaintiff, it is ordered that the defendant be notified that on
civil action has been commenced against him to obtain a decree of divorce form the bonds of
matrimony existing between said plaintiff and defendant, on the founds of will full desertion and
cruel and barbarous treatment, and that unless he appear at the next term of this Court, to the begun
and held at the City of St Louis within and for the County St Louis, on the first Monday of Febru
ary next, and, on or before the Sixth day thereof, answer to the action aforesaid, according to law, the petition
herein will be taken against him as confessed, And it is further ordered that a copy hereof be pub
lished, according to law, in the Missouri Republican, a newspaper printed and published in the City
of St Louis.
Order of Reference,
Now come the parties, by their respective attorneys, and the plaintiff mores
the court to refer this cause, and the court upon due consideration thereof,
doth order that this cause be refused to
W Alexander
ters in controversy herein, and that they report thereof as early as practicable.
Default.
Now come the plaintiffs, by their attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
the petition herein is taken against them as confessed.
Default.
Now come the plaintiffs, by his attorney, but the defendants, although duly Aummoned and
called, comes not but makes default, wherefore the petition herin is taken against him
as confessed.
Default.
Now come the plaintiffs, by their attorney, but the defendants, although duly summoned and called,
come not but make default, wherefore the petition herein is taken against them as confessed.
Ordered by the Court that all cases set for trial on and after October, thirty first, be set
a head two weeks from the respective days on which they are now set.
Now at this day come again the parties, by their respective attorneys, and also the Jurors
empanneled and sworn herein, and the trial of this cause progressed, but not being
finished is laid over until morrow.
Court met pursuant to adjournment. Present as before.
Answer filed.
Continued by consent of parties.
Dismissal.
On motion of the plaintiffs, by attorney, it is ordered that this cause be
dismissed at its costs and that execution issue therefor.
On motion of the plaintiffs, by their attorney, leave is given to amend the petition and
with herein; which is accordingly done by inserting the full name,
defendant herein.
Motion to set aside judgment for costs filed.
Depositions for plaintiff opened and
filed.
On motion of the plaintiff, by his attorney, it is ordered by the Court that the
default entered herein against the defendant
vacated.
On motion of plaintiff as dedimus is awarded them to Ohio.
On motion of plaintiff as dedimus is awarded them to Ohio.
Now comes the plaintiff, by his attorney, and filed a petition and also the ap
pearance of the defendant to this action.
Now come again the parties, by their respective attorneys, and also the Jurors em
panneled and sworn herein and the trial progressed and being finished
the Jurors retire to consider of their verdict.
Court met pursuant to adjournment. Present as before
Confession of Judgment.
Now comes the plaintiff, by her attorney, and the defendant, also comes and files
a duly verified statement confessing himself indebted to the plaintiff in the sum
of five hundred and one dollars and fifty cents and authorizing the entering up of
judgment against him in favor of the plaintiff for that amount. It is therefore considered by the Court
that the said plaintiff recover of the said defendant the debt aforesaid as confessed and also her costs in
this behalf expended and have execution therefor.
On motion of the assignee, the Court appoints
Depositions for defendants opened and filed.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be
dismisses at their costs and that execution issue therefor.
Dismissal.
The plaintiff having failed to file an additional replevin bond within the
time given and required for him so to do, therefore, on motion of the defendant
by his attorney, it is offered by the Court that this cause be dismissed at the
costs of said plaintiff and that execution issue therefor.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be
dismissed at their costs and that execution issue therefor.
The death of the plaintiff having been suggested at the present term, on motion of the attor
ney for said plaintiff, it is ordered by the Court that this suit abate.
On motion of the plaintiff, by his attorney, it is ordered that the said garni
shee be discharged hence at the costs of said plaintiff and that execution
issue therefor.
Demurrer as to part of answer filed.
Answer filed.
Answer filed.
Assignment of Judgment filed by the plaintiffs.
on account.
Now come the parties, by their respective attorneys, and also a Jury, to wit;
Krauthoff
dall
lawful men who being duly elected tried and sworn the issues herein joined
well and truly to try the trial progressed but not being finished is laid over until to morrow.
Motion for judgment on for the coming bond filed.
Court met pursuant to adjournment. Present as before.
On Bill of Exchange.
Now come the parties, by their respective attorneys, and the plaintiffs file a bond
for costs with
Court doth overrule the motion to dismiss this suit; and the parties consent and
agree that judgment be rendered herein in favor of the plaintiffs and against
the defendant for the sum of one hundred and eighty two dollars and sixty cents.
It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as agreed
upon and also their costs herein expended and have execution therefor.
By leave of Court the plaintiffs withdraw the notes sued on and file a receipt therefor.
On Bill of Exchange.
Now come parties, by their respective attorneys, and the defendant withdraws his
motion to dismiss this suit; and the parties consent and agree that judgment may
be rendered herein and favor of the plaintiff and against the defendant for the sum of
six hundred and seventy four dollars and eighteen cents. It is therefore considered by the Court that the plain
tiff recover of the defendant the debt aforesaid as agreed upon and also his costs in this behalf expended and
have execution therefor.
On motion of the plaintiff, it is ordered that this cause be dismissed at his costs
and that execution issue therefor.
on motion of plaintiff, by his attorney, leave is given to withdraw the depo
sitions filed herein, which is accordingly done.
Motion to strike out demurrer and answer and to take petition for confessed filed
The defendant filed an answer herein.
Order of Publication.
The plaintiff files a petition and also an affidavit staying that the defendant
is a non resident of this State, therefore, on motion of the plaintiff, by his attorney,
it is ordered that the defendant be notified that a civil action has been com
menced against him for the sum of seven hundred and seventy six dollar and thirty one cents on
account of a promissory note executed by the defendant and that his property has been attach and
unless he appear at the next term of this Court to be begun and held at the City of St Louis within and
for the County of St Louis on the first Monday of February next, and on or before the thirds day three
of answer to the action aforesaid according to law, judgment will be rendered against him and his property
sold to satisfy the same. And it is further ordered that a copy hereof be published, according to law in
the Missouri Republican, a newspaper printed and published in the City of St Louis.
Now come the parties, by their attorneys, and de file an agreement and by their consent it is
ordered by the Court that the judgment herein be set aside and vacated and this cause
dismissed at the defendants costs and that execution issue therefor. By like consent
the defendant withdraws the notes sued on.
Now come the parties, by their attorneys, and de file an agreement, and by their consent,
it is ordered by the Court that the judgment herein be set aside and vacated and this cause
dismissed at the defendants costs and that execution issue therefor. By consent
the defendant withdraws the notes sued on.
Now come the parties, by their attorneys, and de file an agreement, and by their consent, it is
ordered by the Court that the judgment herein be set aside and vacated and this cause dismissed at the
defendants costs and that execution issue therefor. By consent defendant withdraws the notes sued on.
Now come the parties, by their respective attorneys, and file an agreement, and
by their consent it is ordered that the judgment rendered herein be set aside
and vacated and this cause dismissed at the defendants costs and that execu
tion issue therefor. By consent defendant withdraw notes sued on.
Now come the plaintiffs, by their attorney, and file a petition and also
the voluntary appearance of the defendants to this action.
On account.
Now come again the parties, by their respective attorneys, and also the Jurors, em
pannelled and sworn herein, and the trial progressed and being finished the Jurors
aforesaid upon their oaths aforesaid find for the defendant,
and also find in favor of the plaintiff and against the defendants,
and
and thirty six cents. It is therefore considered by the Court that the plaintiff take nothing by his suit in this
behalf against the defendant
plaintiff recover of the defendants,
aforesaid as assessed and also his costs in this behalf expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed and
that each party pay his own costs and execution issue therefor.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the de
fendants costs and that execution issue therefor.
Now comes the said garnishee, by his attorney, and, on his motion, the Court
allows him the sum of twenty five dollars for his trouble in appearing and
answering herein to be taxed as costs.
Depositions for plaintiff opened and filed.
Continued.
Continued as on affidavit at plaintiffs costs.
Continued.
On motion of the plaintiff, by his attorney, it is ordered by the Court that an alias
summons issue herein: cause continued.
Now come again the parties, by their respective attorneys, and also come the Jurors, em
panneled and sworn herein, and upon their oaths say they are unable to agree upon
a verdict, wherefore it is ordered that the Jurors aforesaid be discharged from the
further consideration of this cause, and that this cause be continued t the next term of this Court.
Motion to dismiss appeal filed.
Ejectment.
Now come the attorneys for the plaintiffs, and suggest to the Court the death of
Longuemare
their appearance as parties plaintiff to this action; and also come the attorneys for the defendants and sug
gest to the Court the death of
neluis Voorhis
and, on motion, the Court appoints the said
the said
defendant to this action; thereupon come a Jury, to wit;
tried and sworn the issues herein joined well and truly to try, the trial progressed, but not being finished
is laid over until tomorrow.
Decree of Divorce.
Now comes the plaintiff, by her attorney, and the default of the defendant
having been hereto fore entered and the petition herein taken against him as con
fessesd, the Court proceed to hear the proof herein and having duly heard
and considered the same and being satisfied there from that the plaintiff is a person of good moral
character and an innocent and injured party doth order adjudge and decree that the plaintiff be ab
solutely and forever divorced from the bonds of matrimony by her contracted with the defendant and re
stored to all the rights and privileges of an unmarried person: and it further appearing to the Court
that the defendant from his habits and cause of life is an unsuitable person to have the care, custody
and maintenance of the infant children,
tioned in the petition, who are of tender years, it is further ordered adjudged and decreed by the Court
that the said plaintiff have the care, custody and control and maintenance of the said infant children;
and that the said defendant be restrained and enjoined from interfering with the plaintiff in this behalf
until the further order of this Court. It is further ordered that the plaintiff pay the costs of this suit and
that execution issue therefore.
Court met pursuant to adjournment. present as before.
Depositions for defendant opened and fileds.
Answer filed.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed
at his costs and that execution issue therefore.
On note.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendant,
moned and called, comes not but makes default, wherefore, on motion of the plain
tiffs, it is ordered by the Court that the petition herein be taken against the said
defendant as confessed: and the Court finds from the instrument in writing on
which this action is founded that the defendant is indebted to the plaintiffs in the sum of seven hundred
and thirty nine dollars and sixty nine cents. It is therefore considered by the Court that the plaintiffs re
cover of the defendant the debt aforesaid as found and also their costs herein expended and have execution there
for: and it is ordered that this judgment bear interest at the rate of ten per cent per annum: By leave of Court
first had and obtained plaintiffs withdraw the note sued on, and file a copy therof.
Confession of Judgment.
Now comes the plaintiff, by his attorney and also comes the defendant and files a
statement in writing duly verified by affidavit confessing himself indebted to the plain
tiff in the sum of five hundred dollars and authorizing the entering up of judgment
against him in favor of the plaintiff for that amount, It is therefore considered by the Court that the plain
tiff recover of the defendant the debt aforesaid as confessed and his costs herein expended and have execution therefore.
The assignees file an directory herein and on their motion the Court ap
point
the assets as inventoried.
Motion for security for costs filed.
Ejectment.
Now come again the parties, by their respective attorneys, and also the Jurors em
paneled and sworn herein, and the trial progressed but not being finished is
laid over until to morrow.
Court met pursuant to adjournment Present as before.
Order of publication.
The plaintiffs file a petition, and also an affidavit from which it appears to
Court that the defendants are non residents of this state, therefore, on motion of the
plaintiffs, by their attorney, it is ordered that the defendants be notified that
a civil action has been commenced against them for the sum of twenty two hun
dred and one dollars and sixteen cents, on account of a judgment obtained in the
District Court of the United States for the District of Wisconsin against the defendants in favor of
A Blanchard
and unless they appear at the next term of this Court to be begun and held at the City of St Louis, within and
for the Country of St Louis, on the first Monday of February next, and on or before the third day thereof, answer
to the action aforesaid, according to law, judgment will be rendered against them and their property sold to satisfy
the same. And it is further ordered that a copy hereof be published, according to law, in the Missouri Repub
lican, a newspaper printed and published in the City of St Louis.
Satisfaction.
Now come the plaintiffs, by their attorney, and acknowledge to have received full
and entire satisfaction of the judgment rendered herein for the sum of twelve hundred
and ninety seven dollars and fifty cents on the thirty first of May last past.
Order of Publication.
The Sheriff having mad return that the defendant cannot be found and the Court
being satisfied the process cannot be served, therefore, on motion of the plaintiff, by his attor
ney, it is ordered that the defendant be notified that a civil action has been commenced
against him for the sum of four hundred and fifty eight dollars and sixty four cents on account of three prom
issory notes executed by the defendant in favor of the plaintiff, and that his property has been attached; and unless
be approval the next term of this Court to be begun and held at the City of St Louis, within and for the
Country of St Louis, on the first Monday of February next, and on or before the third day thereof, answer to
the action aforesaid, according to law, judgment will be rendered against him and his property sold to satisfy
the same. And it is further ordered that a copy hereof be published, according to law, in the Missouri Dem
ocrat, a newspaper printed and published in the City of St Louis.
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered that this cause be
dismissed at its costs and that execution issue therefore.
On motion of the plaintiffs by their attorney, it is ordered that an alias
summoned issues herein: Cause continued.
Satisfaction.
Now comes the plaintiff, by his attorney, and acknowledges to have received full
and entire satisfaction of the judgment rendered herein on the
of September
By leave of Court plaintiff withdraws notes sued on and files copies thereof.
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affidavit,
confessing himself indebted to the plaintiff in the sum of six hundred and sixty six
dollars and sixteen cents and authorizing the entering up of judgment against him in form
of the plaintiff for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant
the debt aforesaid as confessed and also his costs herein expended and have execution therefore: and it is ordered
that this judgment bear interest at ten per cent per annum.
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to Illinois.
The defendant
affidavit of partnership filed.
Ejectment.
Now come again the parties, by their respective attorney, and also the Jurors
empanelled and sworn herein and the trial progressed but not being
finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
On motion,
On motion,
On motion of the plaintiffs, by their attorney, a Commission is awarded them to
take depositions in Illinois on the twelfth instant; and it is ordered that they
give the defendants notice forthwith of the time of taking said depositions.
On motion of the defendants, by their attorney, a dedimus is awarded them to
the State of Pennsylvania.
Motion for leave to file an amended answer and counterclaim filed.
Ejectment.
Now at this day come again the
parties, by their respective attorneys, and also the Ju
rors empanneled and sworn herein, and thereupon
the trial progressed and being finished the Jurors
aforesaid upon their oaths aforesaid find the follow
ing verdict, to wit; We the Jury find for the defendants.
by the Court that the plaintiffs take nothing by their
suit in the behalf, but that the defendants go thereof
without day and recover of the said plaintiffs their
costs and charges in this behalf expended and
have execution therefor.
On motion,
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the statement of the defen
dant confessing himself indebted to the plaintiffs in the sum of eleven hundred
and three dollars and fifty cents and authorizing the entering up of judgment
against him in favor of the plaintiffs for that amount. It is therefore considered
by the Court that the plaintiffs recover of the defendant the debt aforesaid as con
fessed and their costs herein expended and have execution thereof.
Now come the appraises and file an appraisement herein, and also
come the assignees and file a bond which is approved; and on mo
tion of said assignees, it is ordered that they proceed to sell the property
assigned at private sale for sixty days.
On motion of the plaintiffs, it is ordered that an alias summon issue for
the defendant
Complaint.
Now come the parties, by their respective attorneys, and submit
to the Court the defendants motion to suppress the depositions of
sidered the said motion doth order that the same be sustained and
that said depositions be suppressed, and the plaintiffs file an affidavit and move the Court for a con
tinuance of this cause, which motion, after due consideration by the Court, is overruled; thereupon the
attorney for the plaintiffs, suggests to the Court the death of the plaintiff,
the commencement of this suit, wherefore it is ordered by the Court that this suit proceed in the name
of the other and surviving plaintiffs, and thereupon come a Jury, to wit;
Frichtle
men, who being duly elected tried and sworn the issues herein joined well and truly to try, the trial pro
gressed, but the said plaintiffs say they will not further prosecute their suit in this behalf but volun
tarily take amonsuit with leave to more to set the same aside. It is therefore considered by the
out day and recover of the plaintiffs, its costs and charges in this suit expended and have execution
therefore.
Depositions for defendants opened and filed.
Court met pursuant to adjournment. Present as before.
Depositions for plaintiffs opened and filed.
Answer filed.
Petition for Divorce.
Now come the parties, by their respective attorneys, and the plaintiff files a motion
for an attachment for contempt and also interrogatories to be answered by the defen
dant, together with a notice of said motion, and on motion of the defendant, until
Wednesday next the ninth instant is given him to answer said interrogatories.
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and consent
and agree that the judgment rendered herein be affirmed. It is
therefore considered by the Court that the judgment rendered herein
in the Probate Court of St Louis Country be and the same is hereby af
firmed and that the plaintiff recover of the defendant his costs in this behalf expended.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and also comes the defen
dant and files a statement duly verified by affidavit, whereby he con
fesses himself indebted to the plaintiffs in the sum of four hundred and
nine dollars and twenty five cents, and authorizes the entering up of judg
ment against him in favor of the plaintiffs for that amount. It is therefore considered by the Court that the
plaintiffs recover of the defendant the debt aforesaid as confessed and also herein expended and
have execution therefor.
Depositions for defendants opened and files.
Motion for a new trial filed.
Motion to set aside non suit filed.
Now comes the defendant,
answer herein.
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and submit to
the Court the defendant motion to dismiss this appeal, and the Court,
having duly heard and considered the said motion, doth over rule the same.
Continued by consent at defendants cost.
deed of emancipation by him to his slave
tall aged about forty eight years.
Order for Delivery.
The plaintiff comes and files a petition and an affidavit, according to law, claim
ing the possession of certain personal property therein described; wherefore it is ordered
that the defendants deliver the property specified in said affidavit to the Sheriff
of St Louis Country and said sheriff is hereby directed if said property be not
delivered to him to take it from the defendants and deliver it to the plaintiff.
discharged from his trust as assignee.
On motion of the plaintiff by his attorney, until the twenty third instant is given
him to reply herein.
Court met pursuant to adjournment. Present as before.
Agreement of Counsel filed.
Order of publication.
Now comes the plaintiff, by its attorney, and by leave of Court, first had and
obtained files an amended petition herein, and on motion of the plaintiff, by
its attorney, it is ordered that the defendant be notified that a civil action has
been commenced against him for the sum of thirty five hundred and fifty nine dollars and eighty five cents
on account of money, paid and advanced by the plaintiff to and for the use of the defendant, and that his
property has been attached; and unless he appear at the next term of this Court to be begun and held at the
City of St Louis, within and for the Country of St Louis, on the firs Monday of February next and on or
before the third day there of answer to the action aforesaid according to law judgment will be rendered against him and his property
sold to satisfy the same. And it is further ordered that a copy here of be published, according to law in the Missouri Democrat
a newspaper printed and published in the City of St Louis.
It appearing to the satisfaction of the Court that the commissioners ap
pointed to appraise the compensation to be made to the defendant failed
to make their appraisal, by consent of parties, the Court doth appoint
Thursday next, the tenth instant, at the how of ten o clock in the forenoon
of that day, on the premises, as the time and place for the meeting of said Commissioners to appraise the com
pensation to be made to the defendant.
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly sum
moned and called, comes not nor hath be pleaded to this action, wherefore, on
motion of the plaintiff, it is ordered by the Court that the petition herein be ta
ken against the said defendant as confessed.
Appeal from probate Court.
Now come the parties, by their respective attorneys, and the defendant
files a bill of exceptions herein; thereupon come a Jury, to wit;
Awarner
erick Hartman
Walter
well and truly to try the trial progressed, but not being finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
Now come the parties, by their respective attorneys, and the plaintiff files a motion
to commit defendant for contempt and a notice of said motion and also interrog
atories to said defendant, and the parties file an agreement and until Saturday
the nineteenth instant is given said defendant to answer said interrogatories.
On note.
Now come the plaintiffs, by their attorney, and dismisses this suit as to the
defendant,
moned and called, comes not but makes default, wherefore the Court finds
from the instruments in writing on which this action is founded that the
defendant is indebted to the plaintiffs in the sum of five hundred and
seventy six dollars and ninety six cents. It is therefore considered by the Court that the plaintiffs
recover of the defendant the debt aforesaid as found and also their costs herein expended and have
execution therefore: and it is ordered that this judgment bear interest at the rate of ten per cent per annum.
Depositions for plaintiffs opened and filed.
Order for Deliver.
The plaintiffs come and file a petition and affidavit, according to law, claim
ing the possession of certain personal property therein described; wherefore it is
ordered that the defendant deliver the property specified in said affidavit
to the Sheriff of St Louis Country, and said Sheriff is hereby directed if said
property be not delivered to him to take it from the defendant and deliver it to the plaintiffs.
Depositions for defendants opened and filed.
Depositions for plaintiffs opened and filed.
On motion,
Confession of Judgment.
Now come the plaintiffs, by their attorney, and the defendant also
comes and files a statement in writing duly verified by affidavit,
confessing himself indebted to the plaintiffs in the sum of one hun
dred and fifty seven dollars and forty six cents and authorizing the
entering up of judgment against him in favor of the plaintiffs for that amount It is therefore con
sidered by the Court that the plaintiffs recover of the dependant the debt aforesaid as confessed and
also their costs herein expended and have execution therefore.
Proceedings against
Now come the parties, by their respective attorneys, and the defendant files his answer to
the interrogatories here to fore filed, and thereupon, by consent of parties, the Court doth or
der and adjudge that unless the said
day of December next fully comply with the order whole herein on the twenty first day of June last past
and pay over the several sums of money directed by the said order or decree to be paid as therein directed he shall
stand committed to the common jail of this country for the contempt which he has committed in not hereto fore
complying therewith; and it is further ordered, that in case of further non compliance on the part of said
M Barnes
Now come again the parties, by their respective attorneys, and also the Jurors em
paneled and sworn herein, and the trial progressed and being finished the Jurors
recite to consider of their verdict.
Interrogatories filed by leave of Court.
Court met pursuant to adjournment. Present as before.
On motion of the plaintiff, by his attorney, until the twenty eight instant is
given him to reply to said garnishees answer.
Continued
Continued
No one appearing to prosecute this action it is ordered that the same be dismissed at
the plaintiffs costs and that execution issues therefore.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this
cause be dismissed at their costs and that execution issue therefore.
On note.
Now come the plaintiffs, by their attorney, but the defendants,
Olmstead
plaintiffs file a motion for judgment against
of answer and submits the said motion to the Court, and the Court, after
due consideration thereof, doth sustain the same; and the Court finds from
the instrument in writing on which this action is founded that the defendants
are indebted to the plaintiffs in the sum of two hundred and twenty nine dollars and thirty two cents. It
is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as found
and also their costs herein expended and have execution therefore: and it is ordered that this judgment bear
interest at the rate of ten per cent per annum from this date until paid.
On motion of the said
elt
tions in the State of Michigan to be used in the trial of this
cause before Justice
This cause being called for trial, and no one appearing to prosecute the same, it is,
on motion of the defendant, by his attorney, ordered that this cause be dismissed at the
plaintiffs costs and that execution issues threfor.
Appeal from probate Court.
Now come again the parties, by their respective attorneys, and also
come the Jurors, empanneled and sworn herein, and being agreed
upon a verdict, upon this oaths, find for the plaintiffs and assess
their damages at the sum of one thousand and seventy six dollars
and forty nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the
damages aforesaid as assessed and also their costs herein expended.
Depositions for plaintiffs opened and filed.
Complaint.
Now come the parties, by their respective attorneys, and waiving
a Jury submit this cause to the Court upon the pleadings exhibits
and proof and the Court having duly heard and considered the
same doth find the issues herein joined in favor of the defendant.
It is therefore considered by the Court that the plaintiffs take nothing by their suit in this behalf but that
the defendants go hereof without day and recover of the plaintiffs it costs and charges herein expended and
have execution therefore. The plaintiffs file a motion for a new trial herein.
This cause being called for trial and no one appearing to prosecute, it is ordered that
the same be dismissed at plaintiffs costs and that execution issues therefor.
Assignment of judgment to
as such assignee, acknowledges to have received full and entire satisfaction of the
judgment rendered herein on the twenty second of May eighteen hundred and fifty five.
The Commissioners appointed to assess the defendants dam
ages file a report of their proceedings.
Abstract of issues filed.
Court met pursuant to adjournment. Present as before.
Order for Delivery of property Attached.
Now come the plaintiffs, by their attorney, and withdraw their
motion for judgment on the forth coming bond and file a motion
for an order on the obligors in said bond to deliver over property to
the Sheriff of St Louis Country, and submit the same to the Court,
and the Court having duly heard and considered the same, doth order
that
en for the production for the property attached when and where the Court shall direct, deliver said property,
to wit; four hundred and forty eight dollars in bank notes, commonly called currency, thirty two dollars and
eighty cents in gold and silver, five writing desks, ten chairs, two iron safes, one ticked safe, two clocks, three
maps, two letter presses, one carpet, one oil cloth carpet, one table, one counter, gas fixtures in office, three
books account, three stools, one lot of way bill books, one manifest book, two cash books, two letter books,
me table, one lot of pass books, one water cooler, one stove and pipe, one wash stand and one abstract
book to the Sheriff of St Louis Country, at his office, in the Country of St Louis, on or before
Monday next the fourteenth instant.
Now come the parties, by their attorneys, and submit to the Court the defen
dants motion for leave to file an amended answer and counter claim, which
motion, after due consideration by the Court, is sustained and leave is given
to file an amended answer and counter claim; which is accordingly done.
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly warned
and solemnly called, comes not but makes default, wherefore, on motion of the plain
tiff, it is ordered by the Court that the petition herein be taken against the said defan
dant as confessed.
Answer filed.
Depositions for defendants opened and filed.
On motion of the defendant,
duces tecum issue to
dants to said
fifty seven
On Bill of Exchange.
Now come the parties, by their respective attorneys, and consent and agree that
judgment may be rendered in favor of the plaintiff and against the defendant for
one cent and costs. It is therefore considered by the Court that the plaintiff recover
of the defendant the debt aforesaid in form aforesaid as agreed upon and also his costs herein expended
and have execution therefore.
By consent of the plaintiffs and the garnishees, it is ordered by the
Court that the said garnishees be did charged at the plaintiffs costs
without an allowance and that execution issue for the costs.
The dependent files a motion for a new trial.
Order of Sale.
ment, from which it appears that the keeping of the property attached under the
writ herein will be attended with great lap and expense before the probable termi
nation of this suit; it is therefore ordered that the said Sheriff sell said property
according to law, and that he make a report of his proceedings under this order
on or before the first day of the next term of this Court.
Deposition of
and filed.
Depositions for plaintiffs opened and filed.
Depositions for defendants opened and filed.
Court met pursuant to adjournment. present as before.
a member of this Bar.
Proof of service of order for delivery of property attached filed.
Now come the parties, by their respective attorneys, and also come a Jury, to wit,
good and lawful men who being duly elected td and sworn the issues
herein joined well and truly to try the trial progressed and being finished the Jury aforesaid upon their oaths
aforesaid find for the defendant. It is therefore considered by the Court that the plaintiffs take nothing by
their suit in this behalf but that the defendant go hereof without day and recover of the plaintiffs his costs
and charges in this suit expended and have execution therefore.
Court met pursuant to adjournment. Present as before.
Non suit.
Now comes the plaintiff, by his attorney, and says he will not further prosecute his
suit in the is behalf but voluntarily suffers a non suit. It is therefore con
sidered by the Court that the plaintiff take nothing by his suit in this be
half but that the said defendants go hereof without and recover of said, plaintiff their costs and charges
herein expended and have execution therefore.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed
at their costs and that execution issue therefore.
Dismissal.
This cause being called for trial and no one appearing to prosecute, it is ordered that the
same be dismissed a the plaintiffs costs.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dis
missed at his costs and that execution issue therefore.
Dismissal.
On motion of the plaintiff, it is ordered that this cause be dismissed at his
costs and that execution issue therefore.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
this cause be dismissed at the plaintiffs costs and that execution issue therefore.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed
at his costs and that execution issue therefore.
On Bill of Exchange.
Now come the plaintiffs, by their attorney, but the defendant, although duly called
comes not but makes default, wherefore the petition herein is taken against him as
confessed; and the Court finds from the instrument in writing on which this ac
tion is founded that the defendant is indebted to the plaintiffs in the sum of four
hundred and eleven dollars and forty nine cents. It is therefore considered by the Court that the plaintiffs recov
er of the defendant the debt aforesaid in form aforesaid as found and also their costs and charges herein ex
pended and have execution therefore.
On Bond.
Now come the parties, by the irrespective attorneys, and waiving a Jury submit
this cause to the Court upon the pleadings and proofs and the Court, having
duly heard and considered the same, doth find the issues herein joined in
favor of the plaintiff and doth assess his damages at the sum of two hundred
and fifteen dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the sum of five
the sum of two hundred and fifteen dollars the damages aforesaid as assessed by the Court.
On Note
Now comes the plaintiff, by his attorney, and dismisses this suit as to
the defendant,
although duly called still making default, the Court finds from the
instrument in writing on which this action is founded that the defen
dant is indebted to the plaintiff in the sum of three hundred and
fifty five dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the
said defendant,
behalf expended and have execution therefore.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the statement of the defendants
duly verified by affidavit confessing themselves indebted to the plaintiffs in the sum
of seven thousand seven hundred and eighty three dollars and eighty cents, and
authorizing the entering up of judgment against them in favor of the plaintiffs for
that amount. It is therefore considered by the Court that the plaintiffs recover
of the defendants the debt aforesaid in form aforesaid as confessed and also their
costs herein expended and have execution therefore.
On Agreement or Contract.
Now comes the plaintiff, by its attorney, and dismisses this suit as to
the defendant,
although duly summoned and called, comes not but makes default,
wherefore, on motion of the plaintiff, it is ordered by the Court that
the petition herein be taken against the said defendant as confessed:
and the Court finds from the instrument in writing on which this action is founded that the defendant,
lenberg
the Court that the plaintiff recover of the defendent the debt aforesid in form aforeasid as founde and also it into
herein expended and have execution therefore.
On agreement. Now comes the plaintiff, by its attorney, and dismisses this suit as to the
defendant,
summoned and called, comes not but makes default, wherefore, on
motion of the plaintiff, it is ordered by the Court that the petition here
in be taken against the said defendant as confessed; and the Court
finds from the instrument in writing on which this action is founded that the defendant is indebted to the plain
tiff in the sum of five hundred and seventy eight dollars. It is therefore considered by the Court that the plain
tiff recover of the defendant the debt aforesaid in form aforesaid as found and also costs herein expended
and have execution therefore.
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered that this cause
be dismissed at its costs and that execution issue therefore.
On motion of the plaintiff, by its attorney, it is ordered the by Court that
an alias Summons issue herein returnable at the next them.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed
at his costs and that execution issue therefore.
Depositions for plaintiffs opened and filed.
Continued by
consent.
Depositions for defendant opened and filed.
Continued by consent.
On motion of plaintiff by attorney it is ordered that said garnishee be
discharged at plaintiffs costs and that execution issue therefor. The sum of ten
dollars is allowed said garnishee.
Petition.
Now come the parties, by their respective attorneys, and waiving a Jury
submit this cause to the Court upon the pleadings and proofs and the Court,
having duly heard and considered the same, doth find the issues herein joined
in favor of the defendants. It is therefore considered by the Court that the
plaintiffs take nothing by their suit in this behalf but that the defendants
go hereof without day and recover of the plaintiffs their costs and charge herein expended and have thereof
execution. The plaintiffs file a motion for a new trial herein.
Now comes the plaintiff, by his attorney, and confess the demurrer herein and
by leave of Court files an amended petition.
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly warned
and solemnly called, come not but makes default, wherefore, on motion of the plain
tiff, it is ordered that the petition herein be taken against said defendant as confessed.
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to
the State of Maryland.
On motion of the plaintiff, by their attorney, a dedimus is awarded him to the
State of Louisiana.
Motion to dismiss suit for want of security for costs filed.
Motion for a new trial filed.
Answer filed.
Replication to amended answer filed.
Change of Venue from Common Pleas. Now come the parties, by their respective attorneys
and also come a Jury, to wit;
D Stedgeman
olas Astand John Murphy
sworn the issues herein joined well and truly to try the trial progressed but not being finished
is laid over until tomorrow.
Court met pursuant to adjournment. Present before.
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affi
davit confessing himself indebted to the plaintiff in the sum of five hundred
dollars and authorizing the entering up of judgment against him in favor of the
plaintiff for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the
debt aforesaid as confessed and also his costs herein expended and have execution therefore.
The motion for security for costs herein being heard and fully considered by the Court, it
is ordered that the same be sustained: then days is giver to file security.
The plaintiffs motion to strike out part of the answer herein being heard and fully understood
by the Court it is ordered that the same be overruled.
On note.
Now come the plaintiffs, by their attorney and dismiss this suit as to the defen
dant,
duly summoned and called come not but make default, wherefore, on motion of
the plaintiffs, the petition herein is taken against the said defendants as confessed:
and the Court finds from the instrument in writing on which this action if foun
ded that the defendants are indebted to the plaintiffs in the sum of two hundred
and thirty five dollar and seventy two cents. It is therefore considered by the Court that the plaintiffs recover of the
defendants the debt aforesaid in form aforesaid as found and also their costs in this behalf expended and have
execution therefor: and it is ordered that this judgment bear interest at ten percent per annum.
Now comes the plaintiff by his attorney, and suggests to the Court the death of
Charles
and
the said
ance to this action.
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and
called, comes not but makes default, wherefore, the petition herein is taken against him
as confessed.
Petition.
Now come the parties, by their respective attorneys, and waiving a Jury submit
this cause to the Court upon the pleadings and proofs and the Court having duly heard
and considered the same, and being fully advised of and concerning the promised, doth
find the issues herein joined in favor of the defendant. It is therefore considered by the Court that the plain
tiff take nothing by his suit in this behalf but that the defendants go hereof without day and recover of the
plaintiffs his costs and herein expended and have execution therefor.
The motion for security for costs herein is, after consideration by the Court, overruled.
On motion of the plaintiffs, by their attorney, it is ordered that the garnishee, the City of
St Louis, be discharged at his costs and that execution issue therefor.
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affi
davit confessing himself indebted to the plaintiff in the sum of eight hundred
and three dollars and forty two cents and authorizing the entering up of judg
ment against him in favor of the plaintiff for that amount. It is therefore considered by the Court that
the plaintiff recover of the defendant the debt aforesaid confessed and also his costs herein expended and
have execution therefore: and it is ordered that this judgment bear interest at ten percent per annum.
Continued by consent at defendants costs.
The defendant, by his attorney, withdraws his motion for oyer of check men
tioned in the petition.
The defendants motion for security costs herein is, after due consideration by the Court, sus
tained; ten days is given plaintiff to file security.
On note.
Now comes the plaintiff by his attorney, and submits to the Court the defendants mo
tion for security for costs and also the demurrer to the petition herein and the Court
having duly heard and considered the said motions doth overrule the same and
each of them; and the defendant failing further to plead herein it is, on motion of the plaintiff, ordered
by the Court the petition herein be taken against the said defendant as confessed; and the Court finds
from the instrument in writing on which this action is founded that the defendant is indebted to the plain
tiff in the sum of one hundred and ninety one dollars and five cents. It is therefore considered by the
Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and also his
costs herein expended and have execution therefor.
The defendants motion to strike out parts of the petition herein being heard and fully con
sidered by the Court, is overruled.
Now come the parties, by their respective attorney, and the attorney for the plain
tiffs suggests to the Court the death of the plaintiff,
the commencement of this suit, and the same is not denied; and by consent of
parties the plaintiffs amend their petition by striking out the name of the plaintiff,
and by like consent, it is ordered that this suit be discontinued as to the said Manger, and that this
suit proceed in the name of the surviving plaintiffs.
Depositions for plaintiffs opened and filed.
Demurrer to amended petition filed.
Answer filed by defendant.
Depositions for plaintiffs opened and filed.
Motion to pay over money filed.
On motion of the plaintiff, by his attorney, it is ordered that a dedimus issue
to the State of New York to take depositions to be used on the trial of this
cause on the behalf of the said plaintiff.
Now at this day come again the parties, by their respective attorneys, and also the Jurors
empannelled and sworn herein, and the trial progressed but not being finished laid
over until tomorrow.
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered that the judg
ment herein rendered be set aside and vacated and that this cause be
dismissed at the plaintiffs costs and that execution issue therefor.
The defendant files a motion in arrest of judgment and also a motion
for a new trial herein.
Garnishment.
Now comes the plaintiff, by his attorney, and moves the Court for judgment
upon the answer of said garnishees, and the Court finding from said an
swer that at the time of this garnishment the garnishees were indebted to
the defendant in the sum of ninety eight dollars. It is therefore considered by the
Court that the plaintiff recover of the said garnishees the debt aforesaid as found and have
execution therefor. The sum of ten dollars is allowed said garnishees for answering herein.
The defendants withdraw their answer and by leave of Court file an amended answer herein.
Divorce.
Now comes the plaintiff, by her attorney, and the defendant, although duly called, still
making default the Court proceeds to her the proof and having duly heard and consid
ered the same and being satisfied there from that the plaintiff is a person of good moral
character and an innocent and injured party and that the defendant from his habit and cause of life an
unsuitable person to have the control of the infant child, William Allen, who is of tender years; it doth or
der that the plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with the
defendant and be restored to all the rights and privileges of an unmarried person, and that she have the care cus
tody and control of the infant child William Allen mentioned in the petition; and it is also ordered that she
be allowed to resume her maiden name of Phebe J Russell, and that the same be hereafter deemed and taken
as her only true and lawful name, and also that she pay the costs of this proceeding.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dis
missed at their costs and that execution issue therefor.
Continued.
Continued.
Continued by consent at
plaintiffs costs.
Continued by consent.
Dismissal.
The cause being called for trial and no one appearing to prosecute it is ordered that
this cause be dismissed.
On notes.
Now comes the plaintiff, by his attorney, but the defendants although duly warned
and solemnly called, come not but make default, wherefore the petition herein is
taken against them as confessed; and the Court finds from the instruments in
writing on which this action is founded that the defendants are indebted to the plain
tiff in the sum of there hundred and seventy one dollars and eighteen cents. It is
therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid
as found and his costs herein expended and have execution therefore against the property attached.
Continued by consent at
plaintiffs costs.
Continued by consent.
On note.
Now comes the plaintiff, by his attorney, and dismiss this suit costs the defendants,
the parties waiving a Jury submit this cause to the Court upon the pleadings and
proofs and the Court upon due consideration thereof, doth find that the defendant
is indebted to the plaintiff in the sum of twelve hundred eleven dollars and
and ten cents. It is therefore considered by the Court that the said plaintiff recover of the said defen
dant the debt aforesaid in form aforesaid as found and have execution therefor: and it is ordered by
the Court that this judgment bear interest at the note of ten percent per annum from this date un
til paid.
Motion to dissolve injunction filed.
Depositions for plaintiff opened and filed.
Depositions for plaintiff opened and filed.
Now come again the parties by their respective attorneys, and also come the
Jurors empannelled and sworn herein and the trial progressed and being fin
ished the Jurors retire to consider of their verdict.
Order of Consolidation.
By consent of parties
it is ordered by the
Court that the fol
lowing entry be made
"nunc protune", as of the
ordered that the above entitled causes be consolidated into one action.
Order of Publication.
The plaintiffs file an additional affidavit from which it appears to the Court
that the defendants are non residents of this State, therefore, on motion of the
plaintiffs, by their attorney, it is ordered that the defendants be notified that
a civil action has been commenced against them for the sum of thirty three
hundred dollars on account of goods wares and merchandize sold and deliv
ered by the plaintiffs to the defendants, and that their property has been
attached; and unless they appear at the next term of this Court to be begun and held at the City of
St Louis, within and for the County of St Louis, on the first Monday of February next and on or before,
the third day thereof answer to the action aforesaid according to law, judgment will be rendered
against them and their property sold to satisfy the same. And it is further ordered that a copy hereof
be published, according to law in the Missouri Democrat a newspaper printed and published in
the City of St Louis.
Court met pursuant to adjournment. Present as before.
member of this bar.
By leave of Court plaintiffs file an amended petition herein; and on motion
ten day are given to answer the same.
Now come the parties, by their attorneys, and the plaintiff present to the Court
his petition herein, the defendant saying nothing.
By consent of parties, it is ordered that the dismissal of this cause be
set aside and vacated, provided however that the plaintiff pay all the
costs accrued herein to the present date and also file additional replevin
bond within twenty days from this date: cause continued.
Dismissal.
By consent of parties, it is ordered that this cause be dismissed at the
defendants costs and that execution issue therefor.
On Bond.
Now come again the parties, by their respective attorneys, and also come the
Jurors empanelled and sworn herein; and, being agreed upon a verdict, upon
their oaths, find the following verdict, to wit; Me the Jury find verdict for plain
tiff and assess his damages in the sum of nine hundred and eighty seven dollars.
dants the sum of the two thousand dollars the penalty of the bond sued on, and also his costs in this behalf ex
pended and that be have execution for the sum of nine hundred and eighty seven dollars, the damages
aforesaid in form aforesaid by the Jury assessed.
The demurrer to the third amended petition having been mislaid in heir thereof, by
consent of parties, the defendant files a demurrer to said third amended petition
nunc protune.
Now come the plaintiffs, by their attorney, and file a petition and also the ap
pearance of the defendants to this action.
The dependants to the petition herein, being heard and fully considered by the Court, is sustained: ten days
is given plaintiff to amend: amended petition filed.
amended petition filed by leave of Court.
On notes.
Now come the parties, by their respective attorneys and also a Jury
to wit;
Wilson
twelve good and lawful men, who being duly elected tried and
sworn the issues herein joined well and truly to try the trial progressed but not being finished is laid
over until tomorrow.
On motion a dedimus is awarded plaintiffs to take depositions in the
State of Virginia.
Motion to suppress depositions filed
Depositions for defendant
opened and filed.
Depositions for defendant opened and filed.
Motion to strike out
answer filed.
Depositions for plaintiff opened and filed.
Depositions for defendants opened and filed.
Petition of
Court met pursuant to adjournment. Present as before.
The defendant by leave of Court amends his answer and the plaintiff withdraws
his motion to amend said answer.
On Bill of Exchange.
Now come the parties by their attorneys, and the defendant withdraws his motion
to consolidate, leaving this suit undefended, and failing further to plead the petition
herein it taken against him as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendant is indebted to the plain
tiffs in the sum of Eight hundred and thirty eight dollars and ten cents. It is therefore considered by the Court
that the plaintiffs recover of the defendant the debt aforesaid and the costs of suit and have execution therefor.
Motion in arrest of judgment filed.
On note.
Now come the plaintiffs, by their attorney but the defendants, although
duly summoned and called, come not but make default, wherefore
the petition herein is taken against them as confessed: and the Court
finds from the instrument in writing on which this action is founded
that the defendants are indebted to the plaintiffs in the sum of six
teen hundred and thirty one dollars and thirty nine cents. It is there
fore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid
as found and also their costs herein expended and leave execution therefor.
Replevin.
Now come the parties, by their respective attorneys and agree that judg
ment may be rendered herein in favor of the plaintiffs for profession of property
and one cent damages and that the costs of this suit be adjudged against the
plaintiffs. It is therefore considered by the Court that the plaintiffs have and
retain the property delivered to them by the Sheriff and that they recover of
the defendant the damages aforesaid and have execution therefor, and further that the said plaintiffs
pay the costs of this suit and that execution issue therefore.
Default.
Now come the parties by their attorneys, and the defendant withdraw his motion to
consolidate and failing to plead further herein, it is ordered that the petition herein be
taken against him as confessed.
Satisfaction.
The plaintiffs acknowledge to have received full and entire satisfaction of the judg
ment rendered herein on the
Order of Publication.
The plaintiffs having field a petition and an affidavit sta
ting that the defendants are in residents of this State, therefore
on motion of the plaintiffs, by their attorney, it is ordered that the
defendants be notified that a civil action has been commenced
against them for the sum of twenty seven hundred dollars and
twenty eight cents, on account of goods sold and delivered by the
plaintiffs to the defendants and for money expended by the plaintiffs for the defendants; and that their property
has been attached and unless they appear at the next term of this Court to be begun and held at the City of
St Louis, within and for the County of St Louis, on the first Monday of February next, and on or before
the third day thereof answer to the action aforesaid, according to law, judgment will be rendered against
them and their property sold to satisfy the same. And it is further ordered that a copy hereof be published
according to law in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
The Commissioners file a report and an account for services.
By leave of Court the Sheriff amends his return on Execution No 2 of
ber Term 1859
By leave of Court the Sheriff amends his return on Execution No 83 of
On motion of the plaintiff, by his attorney, it is ordered that this suit be dismissed
as to
The motion to strike out part of the answer herein being heard and
fully considered by the Court is sustained.
Abstract of issues filed
Answer to interrogatories filed.
Now come the defendants, by their attorney, and file a motion for a new trial
and afterwards also file a motion in arrest of judgment.
Motion for leave to sue as a poor person filed.
Depositions for defendants opened and filed.
Dismissal.
On motion of the plaintiffs, it is ordered, that this cause be dismissed at their costs
and that execution issue therefore.
Dismissal.
This cause being called for trial and no one appearing to prosecute, it is or
dered that the same be dismissed at plaintiffs costs and that execution issue
therefor.
Decree of Divorce.
Now come the plaintiffs, by her attorney and the defendant, although duly called
still making default, the Court proceeds to hear the proof herein and having
duly heard and considered the same and being satisfied therefore of the good con
duct of the plaintiff and that the plaintiff is an innocent and injured party, It doth order adjudge and de
cree that the said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted
with said defendant and be restored to all the nights and privileges of an unmarried person also that the
said defendant pay the costs of this suit and that execution issue therefor.
Appraisement filed.
Now come again the parties, by their attorney, and also the Jurors herein and the trial pro
gressed but not being finished is laid over until tomorrow.
Court met pursuant to adjournment, Present as before.
On notes and Bill of Exchange.
Now come the parties, by their attorneys, and the defendants withdraws his motion
to dismiss and saving nothing further in bar of the plaintiffs demand the Court
doth find from the instrument in writing on which this action is found that the
defendants in indebted to the plaintiff in the sum of thirty five hundred and sworn dollars and ninety
five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid
in form aforesaid as found and also his costs herein expended and have execution therefor.
By consent of parties these causes are continued
to the next term of this Court.
The Court having duly heard and considered the motion to set aside the default
herein and for leave to answer doth order that said motion be sustained answer filed.
Order by the Court that the defendant file an amended answer herein within
ten days; and it also ordered that, if the said defendants fail as to do, Judgment
by default be entered against him on motion.
The motion for security for costs being fully considered, it is ordered by the
Court that the plaintiffs file a bond for the costs which have assured and
which may accrue within ten days from this date.
The motion for addition security on the attachment bond being heard and fully
considered, by the Court, it is ordered that the plaintiffs file an additional attach
ment bond herein within twenty days from this date.
The motion for security for costs herein being heard and fully considered, by the Court,
is sustained. Twenty day are given to file security.
The demurrer to the petition herein being heard and fully considered by the Court,
is sustained. Ten days are given plaintiff to amend.
The motion for security for costs herein being heard and fully considered, by the Court,
is sustained. Ten day are given to file security.
By consent this cause is continued with leave to the defendants to answer within ten
days before the next term of this Court.
The motion to strike out part of the petition herein being heard fully consid
ered by the Court is overruled.
Now come again the parties, by their attorneys, and also the Jurors empan
neled and sworn herein and the trial progressed and being finished the
Jurors retire to consider of their verdict.
Affidavit filed by plaintiff.
Court met pursuant to adjournment, Present as before.
Deposition for plaintiffs opened and filed.
Deposition for plaintiffs opened and filed.
On notes.
Now come the plaintiffs, by his attorneys, but the defendants, although duly sum
moned and called come not but make default, wherefore the Court doth find from
the instrument in writing on which this action is founded that the defendants are
indebted to the plaintiff in the sum of five hundred and sixth seven dollars and eighty
cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid
as found and its costs herein expended and have execution therefor.
Order of Sale.
comes and files a statement in writing from which it appears
that the keeping of the property attached under the writ herein will
be attended with great loss and expense before the probable ter
mination of this suit; it is therefore ordered that the said Sheriff
sell said property according to law; and that he makes report of
his property under this order on or before the first day of the next term of this Court.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court
that this cause be dismissed at the costs of said plaintiff and the execution
issue therefor.
The assignee having filed an application for his discharge and no
person interested having filed written objections to such discharge,
the Court doth refer the said application to
appointed for this case, to examine the merits of said application and report to the Court with all con
venient speed thereon.
Continued as on affidavit of plaintiff by consent, costs to abide the result.
Depositions for plaintiff opened and filed.
Depositions for plaintiff opened and filed.
Agreement filed and cause continued by consent as on affidavit at the plaintiffs
costs.
The separate demurrer to petitions being heard and fully considered by the Court,
it is ordered that said demurrers, and each of them be overruled. On motion
fifteen days are given defendants to answer herein.
On Bills of Exchange.
Now come again the parties, by their respective attorneys, and also
come the Jurors, empannelled and sworn herein, and being agreed upon
a verdict, upon their oaths, find for the plaintiffs and assess their dam
ages at the sum of Eighty nine hundred and sixty nine dollars
and twenty one cents, and also find against the defendants on their
counter claim. It is therefore considered by the Court that the defendants take nothing by their counter claim
herein and that the plaintiffs recover of the said defendants the damages aforesaid in form aforesaid as as
sessed and also their costs and charges herein expended and have execution therefor. The defendants file a
motion to set aside the verdict and grant a new trial herein.
Order Receiver.
Now come the parties, by their respective Attorneys, and by their consent, it is ordered
that
assetts now in his hands and which he may here after collect, a certain judgment
rendered in the St Louis Court of Common Pleas in favor of the
said
nine
ment an execution issued.
On motion it is ordered that an alias issue herein, cause continued.
Order for Delivery.
The plaintiffs come and file a petition and affidavit, according to law, claim
ing the possession of certain personal property therein described; wherefore it is or
dered that the defendant deliver the property specified in said affidavit to the
property be not delivered to him to take it from the defendant and deliver
it to the plaintiffs.
Motion to strike out answer and for judgment filed.
Now comes the attorney for the plaintiff and suggests to the Court the death of
the said plaintiff which is not denied, and it is ordered that this cause be continued.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be
dismissed at their costs and that execution issue therefore.
Petition.
Now come the attorney for the plaintiffs and suggests to the Court the death
of the plaintiff,
not denied, wherefore it is ordered that this suit proceed in the name of the
other and surviving plaintiff; thereupon come the defendants by their attorney, and
also a Jury, to wit;
Dean
in joined well and truly to trial progressed but not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
Order for Delivery of Property attached.
Now comes the plaintiff, by his attorney, and files motion for an order on the
obligors in the bond given for the release of the property attached to deliver said
property and the Court, upon due consideration thereof, doth order that
Eschmann
property to wit; fifty sacks of com. Seventeen bb Co liquor, twenty five boxes cor
dial four port boxed of liquor, fourteen kegs of liquor and fifty five sacks of oats, to the Sheriff of St Louis,
County, at his office, in said County, over before Monday next the twenty eighth instant.
The defendants files an answer herein
Order of Publication.
The Sheriff having made return that the defendant,
Gratz
cess cannot be served upon him, therefore, on motion of the plain
tiffs, by their attorney, it is ordered that the said defendant be
notified that a civil action had been commenced against him
for the sum of nineteen hundred and seventy eight dollars and five cents on account of a bill a Exchange
drawn by said
he appear at the next term of this Court to be begun and held at the City of St Louis, Within and for the County
of St Louis, on the first Monday of February next, and on or before the third day thereof answer of the action
aforesaid according to law, the petition herein will be taken against him as confessed. And it is further ordered
that a copy hereof be published, according to law in the Missouri Democrat, a newspaper printed and pub
lished in the City of St Louis. On motion of the plaintiffs, by their attorney, it is ordered that an alias Sum
mons issue to LaFayette County for the defendant,
On motion of the plaintiffs, by their attorney, it is ordered that an alias sum
mons issue to LaFayette County for
Order for Delivery.
The plaintiffs come and file a petition and affidavit according to law, claiming
the possession of certain personal property therein described; wherefore is con
sidered that the defendant deliver the property specified in said affidavit to the
Sheriff of St Louis County, and said Sheriff is hereby directed, if said property
be not delivered to him, to take it from the defendant and deliver it to the plaintiffs.
Appointment of Receiver.
It appearing to the Court that the Sheriff of St Louis County, under and by virtue of
Execution No 196 and 197, returnable to
lived upon certain account book, journal. Ledger, bills receivable and payable and one
Cash Book and one note of T L Conan for #63,73/100, the property of said
motion of the plaintiffs in said execution, by
able and payable, and said note and cash
also ordered that the receiver before entering upon the discharge of his duties file a bonds in the sum of eight
hundred dollars, conditioned according to law: thereupon the said Receiver files a bond, as ordered by the Court,
with himself as principal, and
Order of Assignees.
said
nine dollars and twenty six cents, out of the proceeds of the also of the property
assigned before applying any of said proceeds to the purpose of the assignment, and the court having considered
said petition and being satisfied from the proofs made by the petitioner, that the allegations in said petition are
true, it is therefore ordered and adjudged that said assignees pay to said petition, out of the proceeds of the
sales of said assigned, property, the sum aforesaid, with interest from the
that such payment be made before applying any of said proceeds to the payment of the claims of creditors claim
ing under the assignment, and the said assignees file as a voucher the note described in said petition.
Answer filed.
Reply filed.
Replevin.
Now come the parties, by their attorneys, and consent and agree that judgment
may be rendered herein for the plaintiff for one cent damages and possession of
the personal property and that the cost herein except the Sheriffs costs for re
moving said property out of the possession of the defendants, be adjudged
against the defendants. It is therefore considered by the Court that the plaintiff retain the possession of the
personal property mentioned in the affidavit to the petition and that he recover of the defendants the damages
aforesaid as agreed upon together with the costs of this suit, except the Sheriffs costs for removing the said
property out of the possession of the defendants, and have execution therefore.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the
defendants costs and that execution issue therefor.
Inventory filed: On motion of the assignees herein, the Court appoints
to appraise the effects inventoried.
Depositions for plaintiff opened and filed.
Depositions for defendants opened and filed.
Dismissal.
On motion of the plaintiffs, it is ordered that the said garnishees be discharged
at their costs and that execution issue therefor.
Confession of Judgment.
Now come the defendants and file a statement in writing confessing themselves
indebted to the plaintiff in the sum of Eight hundred dollars and authorizing
the entering up of judgment against them in favor of the plaintiff for that
amount. It is therefore considered by the Court that the plaintiff recover of
the defendants the debt aforesaid in confessed and also his costs herein expended ad have execution therefore.
On Contract.
No come the parties by their respective attorneys, and also
come a Jury, to wit;
Lawson
Campon
men, who being duly elected tried and sworn the issues herein joined well and truly to try the trial pro
gressed and being finished the Jurors aforesaid upon them oaths aforesaid say they find their verdict
in favor of the defendants. It is therefore considered by the Court that the plaintiffs take nothing by their
suit in this behalf but that the defendants go hereof without day and recover of the plaintiffs their costs
and charges herein expended and have execution therefor.
Continued as on affidavit at plaintiffs costs for absence of
Reed
Petition.
Now come again the parties, by their respective attorneys, and also the Jurors
empanneled and sworn herein and the trial being finished the Jurors afore
said upon their oaths aforesaid say they find for the defendants. It is
therefore considered by the Court that the plaintiff take nothing by his suit
in this behalf but that the defendants go hereof without day and recover
of the plaintiff their costs and charge herein expended and have execution therefor.
Dismissal.
On motion of the plaintiff, by her attorneys, it is ordered that this cause be dis
missed.
Reply to denial of answer filed by said garnishee herein.
On motion of the defendant, by his attorney, leave is given to file a
supplemental answer forth with, Supplemental answer filed.
Additional answer to interrogatories filed. Bond filed.
Motion on the part of the Commissioners filed.
Court met pursuant to adjournment. Present as before.
Order of Publication.
The plaintiff having filed a petition and also an affidavit according to law from
which it appears that the defendant is a men resident of this State, therefore, on
motion of the plaintiff, by his attorney, it is ordered that the defendant be notified
that a civil action has been commenced against him for the sum of four hundred and seventy seven dollars
and fifty cents on account of balance due on a note made by defendants to one
is the holder as endorses, and that his property has been attached; and unless he appear at the next term of this
Court to be begun and held the City of St Louis, within and for the County of St Louis on the first
Monday of February next and on or before the third day thereof answer to the action aforesaid, according to law,
judgment will be rendered against him and his property sold to satisfy the same. Ands it is further ordered
that a copy hereof be published, according to law; in the Missouri Democrat a newspaper printed and published
in the City of St Louis.
Continued at plaintiffs costs and leave given him to amend petition within thirty days.
Continued.
Continued.
Continued.
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant although duly warned and called comes, not but make default, wherefore, on mo
tion of the plaintiff, it is ordered that the petition herein be taken against the
defendant as confessed: and the plaintiff submits this cause to the Court upon
the pleading and proofs and the Court having duly heard and considered the same and being satisfied there
from that the plaintiff is an innocent and injured party, doth order adjudge and decree that the plaintiff
be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be
restored to all the nights and privileges of an unmarried person and that she pay the costs of this suit.
The demurer to the petition herein being heard and fully considered by the Court
is overruled. On motion ten days are given defendants to answer herein.
Inventory filed: On motion of the assignee the Court appoints
property and effects inventoried.
The motion to set aside the dismissal of this cause is, after due consideration by the Court
overruled.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that the cause
by dismissed at their costs and that execution issue therefor.
Dismissal.
On motion of the plaintiff, by his attorney it is ordered that this cause be
dismissed at its costs and that execution issue therefor.
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by a affidavit, con
fessing himself indebted to the plaintiff in the sum of four hundred and twenty two dollars
and forty five cents, and authorizing the entering up of judgment against him in favor of the plain
tiff for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the debt afore
said as confessed and also his costs herein expended and have execution therefor.
Order for Delivery.
The plaintiff comes and files a petition and affidavit, according to law, claiming the possession of certain
personal property therein described; wherefore it is ordered that the defendant deliver the property
specified in said affidavit to the Sheriff of St Louis County, and said Sheriff is hereby directed if
said property be not delivered to him to take it from the defendant and deliver it to the plaintiff.
Plea in abatement filed.
Continued.
Dismissal.
On motion of the plaintiff, it is ordered that this cause dismissed at his costs and that
execution issue therefor.
Motion for a new trial filed.
On file 449 Sept T 159. Dismissal.
On motion of the garnishee,
discharged at plaintiff costs and that execution issue therefor.
Dismissal.
On motion of the said garnishee, by his attorneys it is ordered that he be
discharged at plaintiff costs and that execution issue therefor. The sum of
ten dollars is allowed for answer to be taxed as costs.
Order of Delivery.
The plaintiff comes and files a petition and affidavit, according to law, claiming
the possession of certain personal property therein described; wherefore it is ordered
that the defendant deliver the property specified in said affidavit to the Sheriff of
St Louis County, and said Sheriff is hereby directed, if said property be not delivered to him to take it from the
defendant and deliver it to the plaintiff.
On motion of the plaintiff, by its attorney a dedimus is awarded it to New
York, and leave is given it to withdraw the bill of Exchange sued on, which
is accordingly done.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and the defendant also comes and
files a statement duly verified by affidavit confessing himself indebted to the
plaintiff in the sum of one hundred and seventy four dollars and eleven cents,
and authorizing the entering up of judgment against him in favor of the plaintiff
for that amount, at the costs however of the plaintiffs. It is therefore considered by the Court that the plaintiffs
recover of the defendant the debt aforesaid in form aforesaid as confessed and have execution therefore, and that the
plaintiffs pay the costs herein expended.
On Plea in abatement.
Now come the parties by their respective attorneys, and also come a Jury
to wit;
ciere
Schisler
good and lawful men who being duly elected tried and sworn the matter in controversy upon the
plea in abatement well and truly to try, the trial progressed but not being finished is laid over
until tomorrow.
It is ordered by the Court that the order of continuance made herein
on this day be set aside and vacated.
Order for Delivery.
The plaintiff comes and files a petition and affidavit, according to law claim
ing the possession of certain personal property therein described; wherefore it is
ordered that the defendant deliver the property specified in said affidavit to the
Sheriff of St Louis County and said Sheriff is hereby directed if said property be not delivered to
him to take it from the defendants deliver it to the plaintiff.
Deposition for plaintiff opened and filed.
The plaintiff having filed a motion for an order that the money returned into
Court by the Sheriff be applied to the execution herein, and the Judge of this Court
being counsel for
that said motion and all further proceedings thereon be transferred to the
St Louis Court of Common Pleas.
Court met pursuant to adjournment. Present as before.
On Note.
Now comes the plaintiff, by his attorney, and dismissed this suit as to the dependant
motion after due consideration by the Court, is sustained; and the Court finds from
the instrument in writing on which this action is founded that the defendant is in
debted to the plaintiff in the sum of eleven hundred and forty one dollars and seventy five cents. It is therefore
considered by the Court that the plaintiff recover of the defendant,
aforesaid as found and also his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his attorney, and dismissed this suit as to the dependant
which motion after due consideration by the Court, is sustained; and the
the Court finds from the instrument in writing on which this action is foun
ded that the defendant is indebted to the plaintiff in the sum of ten hundred and ninety three dollars.
It is therefore considered by the Court that the plaintiff recover of the defendant,
aforesaid as found and also his costs herein expended and have execution therefor.
Order for Delivery.
The plaintiff comes and files a petition and affidavit, according to law,
claiming the possession of certain personal property therein described; wherefore
it is ordered that the defendants deliver the property specified in said affidavit
to the Sheriff of St Louis County and said Sheriff is hereby directed if said property
be not delivered to him to take it from the defendants and deliver it to the plaintiff.
On Bond.
Now come the parties, by their respective attorneys, and waiving
a Jury submit this cause to the Court upon the pleadings and
proofs and the Court, having duly heard and considered the same,
doth find the issues herein joined in favor of the plaintiffs and doth
assess their damages at the sum of one hundred and fifty dollars
It is therefore considered by the Court that the plaintiffs recover of the defendants the sum of three hundred
dollars, the penalty of the bond suedon, and also their costs and charges herein expended and the they have
execution for the sum of one hundred and fifty dollars the damages aforesaid in form aforesaid as
sessed.
The motion for leave to sue as a poor peson, being heard and fully considered by the Court,
is overruled; thereupon the plaintiff files a bond for costs with
curity, which bond is approved by the Court.
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and
called, comes not but makes default wherefore the petition herein is taken against him as
confessed.
Dismissal of Garnishees.
On motion of the garnishees,
they be discharged at plaintiffs costs and that execution issue therefor. Five dollars is allowed
them for appearing herein.
Default.
Now comes the plaintiff, by its attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the petition herein is taken against
him as confessed.
The motion for security for costs herein, being heard and fully considered by the Court
is sustained. Ten days are given to file security for costs.
Appraisement filed. Bond filed and approved.
Proof of Service of order for delivery of property attached filed.
Continued as on affidavit at plaintiffs costs for absence of
Continued as on affidavit at defendant costs for absence of
Continued as on affidavit at plaintiff costs for absence of
a
On Plea in abatement.
Now come again the parties, by their respective attorneys, and also the Jurors em
panneled and sworn herein, and the trial progressed, and being finished the Jurors
aforesaid, upon their oaths aforesaid find the issue joined upon the plea in abate
ment in favor of the defendant. It is therefore considered and adjusted by the
Court that the defendant had not, at the time of the commencement of this suit, fraudulently conveyed
or assigned his property or effects so as to hinder or delay his creditors; wherefore it is ordered by the Court
that this cause be dismissed at the costs of the plaintiffs and that execution issue therefor.
Order of Sale.
statement from which it appears that the Keeping of the property attached
under the writ herein will be attended with great loss and expense before
the probable termination of this suit; it is therefore ordered that the said sheriff
sell said property, according to law, and that he make a report of his procee
dings under this order on or before the first day of the next term of this Court.
On motion three days further time given defendant to plead.
Notice to plaintiffs filed.
Notice to defendants filed.
The garnishees,
leave file supplemented answer herein.
Order of Publication.
The plaintiffs files petition and also an affidavit from which it appears to the
Court that the defendant is a non resident of this State, therefore on motion of
the plaintiffs, by their attorney, it is ordered that the defendant be notified
that a civil action has been commenced against him for the sum of two hun
dred and sixty three dollars and ninety six cents on account of a balance due plaintiffs on an order and
certain drafts made by defendant and accepted and paid by plaintiffs, and that has property has been
attached; and unless he appear at the next term of this Court to be begun and held at the City of St Louis
within and for the County of St Louis, on the first Monday of February next, and on or before the sixth
day thereof answer to the action aforesaid, according to law, judgment will be rendered against him and his
property sold to satisfy the same. And it is further ordered that a copy hereof be published, according to
law in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
Court met pursuant to adjournment. Present as before.
Ordered by the Court that all cases set for trial on and after Tuesday last the 28th in
stant be set ahead one week from the days on which they are respectively set.
Order of Sale.
Upon the application of
is ordered by the Court that the said
in, have full power and authority to sell the personal property con
tained in said inventory of appraisement, here to fore filed herein, un
der said assignment, at public or private sale for cash, as may seem to the said assignees for the best
interest of the parties; and the said assignees may employ such agents as they shall deem necessary in
making such sales, and at such times and places as may seem best.
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly warned and
called, comes not but makes default, wherefore the petition herein is taken against him
as confessed.
Order of Publication.
The Sheriff having made return that the defendants,
and the Court being satisfied that process cannot be served
upon them, on motion of the plaintiffs, by their attorney, it is
ordered that the said
notified that a civil action has be on commenced against
them in this Court the object and general mature of which
is to obtain a division and partition of the following real
estate, to wit; situate in the Court of St Louis and State of
Missouri; a certain tract of land containing four hundred
and thirty three 75/100 acres, more or less, being the Western
part of Survey No 415 in the name of
ship 45 North Ranger 4 East and described as follows,
to wit; beginning at the South West corner of said Survey
vs 415 a port from which a White oak 12 inches in
dia bears S 20 E 7 links distant, and a hickory 12 in in dia bears N 5 W 9 links distant, thence
East along the Southern line of said original Survey No 415 one hundred and twenty eight 32/100 chains to
a post corner, from which a white oak 8 in dia bears N 45 E 22 links distant and a hickory 4 in dia
bears S 60 E21 links distant thence N 57 E along old line of said Survey No 415, 5, 52/100 chains to a white
oak 28 in dia corner, thence N 33 ¾ W along Hills land 46 87/100 chains to a post old South East corner
of survey to Coontz a black walnut 12 in dia bears N 41, E 18 links and an Elm 9 in dia bears S 70 W 48
links distant; thence S 77, W along the Northern line of said old Survey 69 chains to a post corner and
the S W corner of Coontz, thence North along said Coontz Western line 10 chains, corner, thence S 89 ½
W along the Northern line of said old Survey No 415, 40, 19 chains to a post the N W corner of said
original Survey, thence South along the Western boundary line of said old Survey No 415, 36, 34 chains
to the place of beginning: and for a sale of said premises, if it shall appear that partition cannot be made
without great prejudice to the owners. And that unless they appear at the next term of this Court to be
begun and holden at the City of St Louis within and for the County of St Louis, on the first Monday
of February next, and on or before the sixth day thereof answer to the action aforesaid according to law the
petition herein will be taken against them as confessed. And it is further ordered that a copy hereof be pub
lished according to law in the Missouri Republican, a newspaper printed and published in the City of St Louis.
Order for Delivery.
The plaintiff comes and files a petition and affidavit, according to law, claiming the
possession of certain personal property therein described: wherefore it is ordered that the
defendant deliver the property specified in said affidavit to the
County and said
defendant and deliver it to the plaintiff.
Order for Delivery.
The plaintiff comes and files a petition and affidavit, according to law, claiming the pos
session of certain personal property therein described; wherefore it is ordered that the defen
dant deliver the property specified in said affidavit to the
and said
from the defendant and deliver it to the plaintiff.
The defendant, by her attorney, with draws her motion for security for costs herein.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed
at their costs and that execution issue therefor.
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that this cause be dismissed
at their costs and that execution issue therefor.
Satisfaction.
Now comes the plaintiff, by his attorney and acknowledge to have received
full and entire satisfaction of the judgment rendered in this cause.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the defen
dants costs and that execution issue therefor. By like consent defendant withdraws the
instrument of writing suedon.
Depositions for plaintiffs opened
and filed.
Depositions for defendant opened
and filed.
Order of Publication.
The plaintiff having filed an additional affidavit from which it appears that the defen
dant is a men resident of this State, therefore on motion of the plaintiff, by her attorney, it is
ordered that the defendant be notified that a civil action has been commenced against
him to obtain a decree of divorce on the ground that the defendant had a wife living at the time of his
marriage with the plaintiff, and that he has absented himself without a reasonable cause for the space of
two years, and that unless he appear at the next term of this Court to be begun and held at the City of St Louis
within and for the County of St Louis, on the first Monday of February next, and on or before the Sixth
day thereof answer to the action aforesaid according to law, the petition herein will be taken against him
as confessed, And it is further ordered that a copy hereof be published, according to law in the Mis
souri democrat, a newspaper printed and published in the City of St Louis.
Continued as on affidavit at defendants costs for absence of
Motion for judgment on answer filed.
Assignment of Judgment filed.
Objections to application of Commissioners filed.
Waiver of notice filed by defendant.
The plaintiff files a motion to strike out defendants exceptions to referees report,
and the Court, after due consideration thereof, doth overrule the said motion.
Defendant files a motion for a rule on Receiver.
Court met pursuant to adjournment. Present as before.
On Draft.
Now come the parties, by their respective attorneys, and submit
to the Court the plaintiffs motion to strike out defendants answer and
for judgment, and the Court, having duly heard and considered the
said motion, doth order that the same be sustained; and the
Court finds from the instrument in writing on which this action
is founded that the defendants are indebted to the plaintiff in the sum of two thousand and ten dollars and
fifty four cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt afore
said in form aforesaid as found and also their costs herein expended and have execution therefor. The defendants file
a motion to set aside the judgment herein and for a new trial.
Proof of Publication.
Now comes the plaintiff, by her attorney, and files proof satisfaction to the Court that the order of
publication made herein has been duly published according to law.
Dismissal.
Now come the parties, by their attorneys, and file an agreement, and by their consent, it is or
dered by the Court that this cause be dismissed at the plaintiffs costs and that ex
ecution issue therefor.
By leave of Court the plaintiffs withdraw the exhibits herein.
It is ordered by the Court that these cases be
continued to the next term of this Court.
The plaintiff files an additional Replevin bond, which is approved and
by leave of Court withdraws the original bond.
The demurrer to the petition herein being heard and fully considered by the Court is sus
tained.
Order of Publication.
The plaintiffs file an additional affidavit from which it appears to the Court
that the defendants
dents of this State, therefore, on motion of the plaintiffs, by the attorney, it is
ordered that the said defendants be notified that a civil action has been
commenced against them for the sum of thirty four hundred and fifty
five dollars and twenty seven cents on account of goods and merchandize sold and delivered by plaintiff to de
fendants, and that their property has been attached and unless they appear at the next term of this Court to be begun
and held at the City of St Louis within and for the County of St Louis, on the First Monday of February next
and on or before the third day thereof answer to the action aforesaid according to law judgment will be rendered
against them and their property sold to satisfy the same. And it is further ordered that a copy hereof be
published, according to law, in the Missouri Democrat, a newspaper printed and published in the City of
St Louis.
The motion to strike out parts of the petition herein being heard and fully considered
by the Court, is sustained as to that part which refers to the following words, to wit;
"plaintiff further states that said defendant has offered such indignities to her
as to render her condition intolerable:" and the Court doth order that the said words be stricken out of said
petition: and the Court doth overrule the rest of said motion to strike out parts of the petition.
On account.
Now comes the plaintiff, by his attorney, and the defendant, although duly called, still
making default, the plaintiff waives a Jury and submits this cause to the Court upon the
pleadings and proofs, and the Court having duly heard and considered the same, doth
assess the plaintiffs damages at the sum of five thousand one hundred and twelve dollars and sixty six
cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid
in form aforesaid as assessed and also his costs herein expended and have execution therefor against the prop
erty attached.
Judgment set aside with a proviso.
The Court having duly heard and considered the motion to set aside the judgment
herein is sustained and the Judgment herein set aside and vacated upon condition that
the defendants appear and file their answer to the petition filed within ten days from this
date; otherwise said motion is overruled.
On notes.
Now come the parties, by their attorneys, and also come a Jury, to wit,
Grace
elected tried and sworn the issues herein joined well and truly to try the trial progressed and being finished the Jurors
aforesaid upon their oaths aforesaid find for the plaintiff the sum of eight hundred and fifty nine dollars and fourteen cents.
It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid as assessed
and also her costs herein expended and have execution therefor.
Dismissal.
This cause being called for trial and no one appearing to prosecute, it is ordered that the same
be dismissed at plaintiffs costs and that execution issue therefor.
Dismissal.
No one appearing to prosecute this action it is ordered that this same be dismissed at the plain
tiffs costs and that execution issue therefor.
of Emancipation to his female slave
On note.
Now comes the plaintiff and the defendant,
motion of said
tiff to answer the interrogatories filed by said defendant with his motion and statement
of facts has not been complied with within the time designated in said order, it is or
dered that the facts stated and contained in the said statement of facts do stand admitted: thereupon the plain
tiff says he will not further prosecute his suit in this behalf but voluntarily takes a non suit with leave to more
to set the same said. It is therefore considered by the Court that the plaintiff take nothing by his suit in this be
half but that the defendants go thereof without day and recover of the plaintiff their costs and charges herein expended
and have execution therefor.
On note.
Now come the parties, by their respective attorneys, and the defendants withdraw their answer
herein; and the parties consent and agree that judgment may be rendered herein in favor of the
plaintiff for seven hundred and seventy seven dollars and fourteen cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendants the debt aforesaid as agreed
upon and his costs herein expended and have execution therefor: and it is ordered that this judgment bear interest
at ten percent per annum until paid.
Plaintiff files his petition and it is ordered by the Court that the Sheriff of St Louis
County take possession of the corn and produce grown on the farm described in said
petition in the year 1859 and sell the same or so much thereof as will make eighty
dollars and interest and the costs of this suit and hold the proceeds subject to the fur
ther order of this Court.
Continued.
Continued.
On motion of plaintiff by his attorney, it is ordered that an alias Summons issue
for the defendant,
Petition to Condemn Land.
Now come the parties, by their respective attorneys, and the defen
dant having here to fore filed a waiver of the notice required by law to be
given him, and it appearing to the Court that the Commissioners have
duly proceeded according to the orders heretofore made herein, and in
pursuance of the Statute in such case made and provided, and have ascertained and determined the
compensation to which said defendant is entitled for the following real estate proposed to be taken by the
plaintiff, to wit; a portion of the following lot of ground situated in the City of Carondelet, County of St Louis
and State of Missouri, to wit; a lot of ground in said City of Carondelet fronting seventy feet on the East side
of Main Street in Block number nine of said City and in the Survey of said former town made by
sixty feet and five inches to the middle of said block bounded on the North by the Northern boundary
of said Block number nine, on the West by Main street, on the South by a lot of
on the East by a line parallel with said Main street and one hundred and sixty feet five inches
therefrom: which portion of said lot is a strip off the Eastern side of said lot of thirty feet one width by
seventy feet in length, or so much thereof as is included within the track and surveyed lines of the said
plaintiff all which appears by the Report filed herein by the Commissioners and the Court, being fully
advised in the premises, and no cause being shown to the contrary, doth confirm the said Commissioners Report,
and doth order that the plaintiff pay to the defendant the sum of five hundred and forty dollars, the
compensation awarded by the Commissioners to made by the plaintiff to the defendant.
Motion for a new trial filed.
Answer filed.
Motion for security for costs filed.
Leave is given plaintiffs to file an
amended petition herein.
On account.
Now come the parties, by their attorneys, and waiving a Jury submit this cause to the
Court upon the pleadings and proofs and the Court having duly heard and con
sidered the same, doth find the issues herein joined in favor of the defendants. It
is therefore considered by the Court that the plaintiff take nothing by his suit in
this behalf but that the defendants go hence without day and recover of the plain
tiff their costs and charges in this suit expended and have execution therefor. Fin
ding and decision of the Court filed.
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be
dismissed at plaintiffs costs and that execution issue therefor.
On motion of plaintiff, by his attorney, until third of December next is given
him to reply.
Depositions for plaintiff opened and filed.
Answer filed.
On motion of plaintiffs, by their attorney, it is ordered by the Court
that an alias Summons issue herein.
The plaintiff having filed a motion for an order directing the money returned into
Court by the Sheriff to be applied in part satisfaction of the execution herein, and
the judge of this Court being counsel for
therein, it is ordered that said motion, and all further proceedings thereon, be transferred to the St Louis
Court of Common Pleas.
On note.
Now comes the plaintiff, by his attorney, and the defendant, although duly called,
still making default, the Court doth find from the instrument in writing on which
this action is founded that the defendant owes the plaintiff three hundred and thirty
six dollars and forty five cents. It is therefore considered by the Court that the plaintiff recover of the
defendant the debt aforesaid as found and his costs herein expended and have execution therefor.
of a deed of emancipation to his Slaves Rimy, aged about twenty one, bright mulatto color, about
five feet in height and her child
On False Warranty.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
sworn the issues herein joined well and truly to try the trial progressed but not being finished
is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that the said garnishee
be discharged at the plaintiffs costs and that execution issue therefor.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed
at their costs and that execution issue therefor.
On motion of the plaintiffs, by his attorney, it is ordered that interlocutory
judgment by default rendered against the defendant be set aside and vaca
ted and that an alias Summons issue for said defendant.
On motion of the defendant, by his attorney, a dedimus is awarded him to Illinois.
Now come the parties, by their attorneys, and file an agreement herein; and by consent the
defendant withdraws his offset, without prejudice, and also withdraws his supplemental
answer; and by further consent the original answer herein is substituted as the answer
of the defendant to this action; Cause continued by consent.
Order for Subpoena Duces
On motion of the defendant, by his attorney, it is ordered that a subpoena duces teucm
issue to the President and Cashier of the Bank of the State of Missouri to bring in
papers deposited with them by Rexford and Dimick or the holders of the note in this
action suedon.
Now comes the plaintiff, by his attorney, and suggests to the Court the death of the defendant
a scire facias issue to bring in the legal representatives of said deceased defendant return
able to the next term of this Court. Cause continued.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this
cause be dismissed at their costs and that execution issue therefor. By leave of Court
the plaintiffs withdraw the bill of exchange sued on and file a copy thereof.
The death of the plaintiff having been suggested at a former term and no steps hav
ing been taken to bring in his representatives, therefore on motion of the attorney for
said plaintiff, it is ordered that this suit abate.
The demurrer to the counterclaim herein, being heard and fully considered by the
Court, is overruled.
The dependants motion for a rule on Receiver being heard and fully considered
by the Court, it is ordered that
this cause, file a report of his proceedings herein and an account of all moneys
received and paid out by him as such receiver, without delay. And the Court, having duly heard and
considered the defendants exceptions to the Commissioners Report, doth overrule the same; and, on motion
of plaintiff, by attorney, the Court doth further order that said Report be confirmed.
of a deed of emancipation to his slaves Ann and her three children Thomas, aged about five years,
Depositions for defendant opened and filed.
On False Warranty.
Now come again the parties by their respective attorneys, and also the Jurors
empannelled and sworn herein, and the trial progressed but not being finished
is laid over until tomorrow.
Order of publication.
The plaintiffs having filed a petition and also an affidavit, according to law,
from which it appears to the Court that the defendant is a non resident of this
State, therefore on motion of the plaintiffs, by their attorney, it is ordered that
the defendant be notified that a civil action has been commenced against him
for the sum of one hundred and sixty nine dollars and fifty eight cents on account of a note executed by
the defendant, and that his property has been attached and unless he appear at the next term of this Court
to be begun and held at the City of St Louis, within and for the County of St Louis, on the first Monday of
February next and on or before third day thereof answer to the action aforesaid, according to law, judgment
will be rendered against him and his property sold to satisfy the same. And it is further ordered that a
copy hereof be published according to law in the Missouri Democrat a newspaper printed and published
in the City of St Louis.
On motion of the plaintiff by his attorney,
issue against
Friday next to answer a contempt in failing to obey the order for the delivery
of the property attached.
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause
be dismissed at their costs and the execution issues therefor.
Order for production of Books.
Now comes the plaintiff, by his attorney, and files a petition for production of
books of account, and the Court, after due consideration thereof, doth order
that
produce, on or before Saturday next,
Ledger, Cash, Bill or note and Invoice Books, mentioned in the plaintiffs petition as the books of the
firm of
prayer of the said petition should not be granted.
Quo Warranto.
Now at this day comes
Eighty Judicial Circuit, who prosecutes for the State of Missouri
in this behalf, on the relation of
vit of said
the said Circuit Attorney to file an information in the nature of a quo warranto at the relation of said
the writ prayed for issue returnable on
Order of Sale.
a statement, from which it appears that the keeping of the property attached
under the writ herein will be attended with great loss and expense be
fore the probable termination of this suit; it is therefore ordered that the
said Sheriff sell said property, according to law, and that he make a report of his proceedings under this
order on or before the first day of the next term of this Court.
Order of Sale.
statement, from which it appears that the keeping of the property attached
under the writ herein will be attended with great loss and expense be
fore the probable termination of this suit; it is therefore ordered that the
said Sheriff sell said property, according to law, and that he make a report of his proceedings under this
order on or before the first day of the next term of this Court.
On Note and Account.
Now come the plaintiffs by their attorney, and the defendant, although duly called
still making default, the plaintiffs submit the assessment of their damages to the
Court, and the Court, after heaving the proof, doth assess their damages at the sum of
two hundred and twelve dollars and eighteen cents. It is therefore considered by
the Court that the plaintiffs recover of the defendant the damages aforesaid as assessed and also their costs
herein expended and have execution therefor.
Depositions for plaintiffs opened and filed.
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defen
dants,
summoned and called, come not but make default, wherefore the Court doth
find that the defendants are indebted to the plaintiff in the sum of three hun
dred and fifty five dollars and fifteen cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the debt aforesaid as found and his
costs herein expended and have execution therefor: and it is ordered that this judgment bear interest at the
rate of ten percent per annum from this date until paid.
The defendants by leave of Court with draw their answer and file a demurrer
herein.
On motion of the plaintiffs, by their attorney, it is ordered that an alias writ
issue against defendant
Dismissal.
No one appearing to prosecute this action, it is ordered that the same be dismissed
at plaintiffs costs and that execution issue therefor.
Dismissal.
No one appearing to prosecute this action, it is ordered that the same be dismissed
at plaintiffs costs and that execution issue therefor.
Dismissal.
No one appearing to prosecute this action, it is ordered that the same be
dismissed at plaintiffs costs and that execution issue therefor.
Dismissal.
No one appearing to prosecute this action, it is ordered that the same be dismissed at
plaintiffs costs and that execution issue therefor.
Dismissal.
No one appearing to prosecute this action, it is ordered that the same be dismissed
at plaintiffs costs and that execution issue therefor.
On account and note.
Now comes the plaintiff, by his attorney, but the defendant, although duly called,
makes default; and no Jury being required, the Court from the proofs, doth assess
the plaintiffs damages at the sum of six hundred and eighty five dollars and forty
five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages
aforesaid as assessed and also his costs herein expended and have execution therefor; against the property attached and it is ordered that
five hundred and ninety dollars and twenty five cents bear interest at ten percent per annum from this date.
Dismissal.
On motion it is ordered that this cause be dismissed at the
defendants costs and that execution issue therefor.
Dismissal.
By consent of parties, it is ordered that this cause be dismissed at the plain
tiffs costs and that execution issue therefor: The defendants waive all claim
for damages under the attachment herein.
Dismissal.
By consent it is ordered that the said garnishees, be discharged at
plaintiffs costs, without an allowance, and that execution issue therefor.
Continued as on affidavit at defendants costs for absence of
Petition.
Now come the parties, by their respective attorneys, and waiving a
Jury submit this cause to the Court upon the pleadings and proofs, and
the Court having duly heard and considered the same doth find for the
plaintiff and assess his damages at the sum of sixty two dollars. It
is therefore considered by the Court that the plaintiff recover of the defen
dant the damages aforesaid in form aforesaid as assessed and also
his costs herein expended and have execution therefor.
On account.
Now come the parties, by their respective attorneys, and waiving a Jury submit this cause to the
Court upon the pleadings and proofs, and the Court having duly heard and considered the
same finds for the plaintiff and assess his damages at the sum of two hundred and seventy
eight dollars and forty eight cents. It is therefore considered by the Court that the plaintiff recover of the
defendant the damages aforesaid in form aforesaid as assessed and his costs herein expended and have execution therefor.
Confession of Judgment.
Now comes the defendant and files a statement in writing duly
verified by affidavit confessing himself indebted to the plaintiffs
in the sum of one hundred and eighty seven dollars and forty
two cents and authorizing the entering up of judgment against
him in favor of the plaintiffs for that amount. It is therefore
considered by the Court that the plaintiffs recover of the defendant the debt a foresaid a confessed and also their
costs herein expended and have execution therefor.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and the defendant also comes and files a
statement in writing duly verified by affidavit confessing himself indebted to the plain
tiffs in the sum of two hundred and three dollars and nineteen cents and authorizing
the entering up of judgment against him in favor of the plaintiffs for that amount. It
is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid
as confessed and their costs herein expended and have execution therefor.
Dismissal.
On motion of
the sale of said
dings herein be discontinued.
On motion this cause is continued at plaintiffs costs, and leave until the
day of January
On False Warranty.
Now come again the parties, by their attorneys, and also the Jurors empanelled and sworn
herein, except
consent, and the parties file an agreement, and by their consent it is ordered by the Court that
the Jurors aforesaid be discharged from the further consideration of this cause.
Dismissal.
On motion of the plaintiff, by her attorney, it is ordered that this cause be dismissed.
Motion to set aside non suit filed.
Motion to set aside judgment filed.
Court met pursuant to adjournment. Present as before.
Now come the plaintiffs, by their attorney, and file a bond for costs with
Manter
after due consideration by the Court, is overruled.
Deposition for defendant opened and filed.
Continued on affidavit at defendants costs.
Continued on affidavit at defendants costs.
Continued on affidavit at defendants costs.
Continued on affidavit at defendants costs.
Continued on affidavit at defendants costs.
Continued on affidavit at defendants costs.
Continued on affidavit at defendants costs.
Confession of Judgment.
Now comes the plaintiff, by his attorney, and the defendant also comes and files a state
ment in writing, duly verified by affidavit, confessing himself indebted to the plain
tiff in the sum of seven thousand eight hundred and fifty six dollars and thirty three
cents and authorizing the entering up of judgment against him in favor of the plaintiff for that amount. It is
therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and
also his costs herein expended and have execution therefor.
Continued by consent of parties.
On False Warranty.
Now come the parties, by their attorneys and also come a Jury, to wit;
Malaby
Moore
and truly to try the trial progressed but not being finished is laid over until tomorrow.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dis
missed at his costs and that execution issue therefor.
In the matter of Contempt.
The said defendant having purged himself of contempt by paying over the several
sums as directed in the order allowing alimony, and also paying the costs of the pro
ceedings for contempt, by consent it is ordered that all further proceedings for contempt
be discontinued.
Court met pursuant to adjournment. Present as before.
Petition.
Now come the parties, by their respective attorneys, and the
plaintiffs by leave of Court and by consent files an amended peti
tion and the defendant files an amended answer herein; and the
parties waiving a Jury submit this cause to the Court upon the
petition answer and proofs, and the Court, having duly heard
and considered the same, and being fully advised of and concerning the premises, doth find the issues herein
in favor of the plaintiffs. It is therefore considered adjudged and decreed by the Court that the instrument
of writing described in the original and amended petition be set aside cancelled and declared null and void
and that the said defendant be and he is hereby released from all and every liability ausing out of the
same and that the said defendant deliver up to the plaintiffs the peomissory notes described therein and
that upon such delivery he be discharged from the trust mentioned therein, and that the plaintiffs pay the costs of this suit.
On motion of the plaintiff, by its attorney, it is ordered that an alias
Summons issue herein for defendant
of this Court.
Dismissal.
The plaintiffs having failed to file security for costs within the time required
for them so to do, on motion of the defendants, by their attorney it is ordered
by the Court that this cause be dismissed at the costs of said plaintiffs
and that execution issue therefor.
Depositions for plaintiff opened and filed: Exhibits there to attached filed
Depositions for plaintiffs opened and filed.
On motion of the plaintiff, by his attorney a dedimus is awarded him to Indiana.
Depositions for plaintiffs opened and filed.
Motion for judgment on answer filed.
Continued by consent.
Continued by consent.
Continued by consent.
Motion for support filed.
On note.
Now come the plaintiffs, by their attorney, but the defendants, although duly
called, still make default, and the Court finds from the instrument in
writing on which this action is founded that the defendants are indebted to
the plaintiffs in the sum of two hundred and twenty one dollars and twenty
three cents. It is therefore considered by the Court that the plaintiffs recover
of the defendants the debt aforesaid in form aforesaid as found and also their costs in this behalf expen
ded and have execution therefor.
On motion of the plaintiff, by his attorney, leave is given him to withdraw the
notes sued on, on leaving a copy thereof.
Appraisement filed.
ditioned according to law, with himself, as principal, and
tridge
in the sum of six thousand eight hundred and fifty dollars and is approved by the Court.
Depositions for defendant opened and filed.
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly warned
and called, comes not but makes default, wherefore, on motion of plaintiff, it is
ordered by the Court that the petition herein be taken against defendant as confessed.
Petition.
Now come the parties, by their respective attorneys, and also come a jury, to wit;
Trafton
Cook
issues
herein joined well and truly to try the trial progressed but not being finished is laid over
until tomorrow.
On False Warranty.
Now come again the parties, by their respective attorneys, and also the jurors em
pannelled and sworn herein and the trial progressed and being finished
the jury retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
Order for Delivery.
The plaintiffs come and file a petition and affidavit according to law claiming
the possession of certain personal property therein described; wherefore it is ordered
that the defendant deliver the property specified in said affidavit to the Sheriff
of St Louis County, and said Sheriff is hereby directed if said property be not
delivered to him to take it from the defendant and deliver it to the plaintiffs.
By leave of Court first obtained defendants add an additional reason to
the motion for a new trial.
Proof of Publication.
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court that
the order of publication made herein has been published according to law.
Dismissal.
The plaintiff having failed to file security for costs within the time allowed
so to do, it is, on motion of the defendants, by their attorney, ordered by the Court
that this cause be dismissed at plaintiffs costs and that execution issue therefor.
Confession of Judgment.
Now come the plaintiffs, by their Attorney, and the defendants
also come and file a statement in writing duly verified by affidavit
confessing themselves indebted to the plaintiffs in the sum of five
hundred and fourteen dollars and thirty three cents and authorizing
the entering up of judgment against them in favor of the plaintiffs for that amount and costs. It is therefore con
sidered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as confessed
and also their costs herein expended and have execution therefor.
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to Indiana.
Mistrial.
Now come again the parties, by their respective attorneys, and also come the jurors, em
panneled and sworn herein and upon their oaths aforesaid say they are an able to
agree upon a verdict, wherefore it is ordered that the jurors be discharged from the
further consideration of this cause, and that this cause be continued.
Answer to rule filed.
Answer filed.
open Court and acknowledges the execution of a deed of emancipation by him to his negro
slave
about forty five years of age.
Motion for a severance as to
Answer of the defendant filed by leave of Court.
Depositions for defendant opened and filed.
Now come again the parties, by their respective attorneys, and also the Jurors herein
and the trial being finished the jurors retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
On motion of the plaintiff, by his attorney, it is ordered that a subpoena duces
tecum issue to Jas H Garrett to bring a certain bond.
On motion of the plaintiff, by his attorney, it is ordered that a Pluries Summons issue
herein.
The plaintiff amends his amended petition by filing and adding there to an affi
davit.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dis
missed at the costs of said plaintiff and that execution issue therefor.
Continued as on affidavit at plaintiffs costs.
On motion one week additional time is given to answer.
This cause is continued to the next term of this Court.
Charge of Venue.
Continued as on affidavit at plaintiffs costs for absence of
a witness. The Judge of this Court having advised one of the parties in the
premises, by consent of parties, appearing by their respective attorneys, it is
ordered by the Court that this cause be transferred to the Court of Common
Pleas, and that the Clerk of this Court file the original papers, and a certified copy of the record entries
herein, in the Office of the Clerk of said Court.
On account.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the petition herein is taken
against him as confessed; and the plaintiff waiving the assessment of his damages,
consents that judgment may be rendered against the defendant for the costs herein. It is therefore considered
by the Court that the plaintiff recover of the defendant his costs herein expended and have execution therefor.
Continued as on affidavit at defendants costs.
Exhibit filed.
Answer filed.
Continued.
Mistrial. Jury discharged.
Now come again the parties, by their respective attorneys, and also come the jurors em
panneled and sworn herein and upon their oaths say they are unable to agree upon a
verdict, wherefore it is ordered that the jurors aforesaid be discharged from the further
consideration of this cause, and that this cause be continued.
Reply to Counterclaim files.
Depositions for plaintiff opened filed.
Motion to strike out part of answer of
out answer of
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed
at plaintiffs costs and that execution issue therefor.
mitted in saying that if he were directed by the Court to serve the writ of attachment on Capt
On motion of plaintiffs, by their attorney a dedimus is awarded them to the
State of New York.
On motion of plaintiffs, by their attorneys, dedimus is awarded them to the State of
New York.
Depositions for defendant opened and filed.
Motion for a continuance filed.
Court met pursuant to adjournment. Present as before.
Appointment of next friends.
The plaintiff,
friend, and the Court appoints
who files his acceptance of said appointment.
Dismissal.
On motion of the plaintiff, by attorney, it is ordered that the continuance herein be set
aside and that this cause be dismissed at the costs of the plaintiff and that ex
ecution issue therefor.
On account.
Now come the parties, by this respective attorneys, and waiving a jury submit this
cause to the Court upon the pleadings and proofs, and the Court having duly heard
and considered the same and being fully advised of an concerning the same, doth
find for the plaintiff upon his claim the sum of two hundred and eighty nine dollars
and eighty seven cents, and for the defendant upon his set off the sum of twenty dollars, and doth assess the plain
tiffs damages at the sum of two hundred and sixty nine dollars and eighty seven cents. It is therefore consid
ered by the Court that the plaintiff recover of the defendant the sum of two hundred and sixty nine dollars and
eighty seven cents, the damages aforesaid in form aforesaid as assessed, and also its costs and charges herein expended
and have execution therefor.
Petition.
Now comes the plaintiff, by his attorney, but the defendant, although duly called, comes not;
thereupon come a jury, to wit;
Rubuchon
and sworn the issues herein joined well and truly to try the trial progressed and being finished the Jurors aforesaid
upon their oaths aforesaid say they find for the plaintiff and assess his damages at the sum of ten hundred and
sixty six dollars and sixty six cents. It is therefore considered by the Court that the plaintiff recover of the
defendant the sum of ten hundred and sixty six dollars and sixty six cents, the damages aforesaid in form
aforesaid as assessed, by the jury, and also his costs and charges in this behalf expended and have ex
ecution therefor.
Continued as on affidavit at plaintiffs costs for absence of.
Answer of
Continued.
Order of Sale.
which it appears that the keeping of the property attached under the writ herein will
be attended with great loss and expense before the probate termination of this suit;
it is therefore ordered that said Sheriff sell said property, according to law, and that
he make a report of his proceedings under this order on or before the first day of
the next term of this Court.
Order of Sale.
statement from which it appears that the keeping of the property attached, or
der the writ herein will be attended great loss and expense before the probate
termination of this suit; it is therefore ordered that said Sheriff sell said prop
erty, according to law, and that he make a report of his proceedings under this
order on or before the first day of the next term of this Court.
Dismissal.
Now comes the plaintiff, by his attorney, and by leave withdraws his prayer for an
injunction and for the appointment of a receiver herein and dismisses this suit as
to the defendant,
ing duly heard and considered the motion for a continuance of this cause, doth overrule the same.
Order of Sale.
Now comes
der of sale, and the Court, having duly heard and considered the same,
doth order that the said assignee sell the stock of jewelry assigned en
tire at public or private sale as shall sum best on the following terms, to wit; one fourth part of the purchase
money cash in hand, the balance, one fourth in two months, one fourth in four months, and one fourth in six
months, or in monthly payments for the last three fourths, as shall suit the purchaser, the last payment not
to exceed six months, secured by the promissory notes of the purchaser or purchasers with at least two good
and sufficient endorsers upon each note: and it is also ordered that he include in the sale of said stock
the property covered by deeds of trust: and it is further ordered that the said assignee sell the equipment
of the establishment known as the Oak Hall Billiard Saloon and Pistol Gallery in St Louis and
the rest of the property in the same manner and mode and on the same terms as those herein before
named for the sale of the stock of jewelry, with the addition of security by deed of trust on the billiard
tables, if he shall deem it expedient to add to the security of the notes given.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the
plaintiffs costs and that execution issue therefor.
Motion to strike out motion of defendants to strike out petition and for
judgment by nil dicit filed.
Non suit.
This cause being called for trial the defendant comes by his attorney, but
the plaintiff, although called, comes not, wherefore, it is considered that the
plaintiff be non suited and that the defendant go hence without day and recover
of the plaintiff his costs herein expended and have execution therefor.
Order for Delivery.
The plaintiff comes and files a petition and affidavit claiming the possession of
certain personal property therein described; wherefore it is ordered that the defen
dant deliver the property specified in said affidavit to the Sheriff of St Louis County
and said Sheriff is hereby directed if said property be not delivered to him to take it from the defendant
and deliver it to the plaintiff.
Order for Delivery.
The plaintiff comes and files a petition and affidavit claiming the possession of certain
personal property therein described; wherefore it is ordered that the defendants deliver
the property described in said affidavit to the Sheriff of St Louis County and said Sheriff
is hereby directed if said property be not delivered to him to take it from the defen
dant and deliver it to the plaintiff.
Answer fileds.
Continued.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at the
plaintiffs costs and that execution issue therefor.
On Plea in Abatement.
Now come the parties, by this respective attorneys, and the plaintiff files an additional
affidavit for the attachment herein and the defendant files a plea in the nature of a
plea in abatement there to, and thereupon come a jury to wit;
Robinson
elected tried and sworn the matters in controversy upon the plea in abatement herein well and truly to try the
trial progressed but not being finished is laid over until tomorrow.
The Court having duly heard and considered the motion to dismiss
this suit, doth overrule the same; the motion for leave to bring in bills
or notes sued on being heard and fully considered by the Court,
the Court doth order that the plaintiff file with the Clerk the notes mentioned in the petition. On mo
tion seventeen days from the time filing said notes are given the defendant to answer demur or otherwise plead.
The defendants motion to dismiss this suit being heard and fully considered
by the Court is overruled; and the plaintiffs motion for leave to bring in bills sued
on being heard and fully considered by the Court, it is ordered that the plaintiff file
the bills mentioned in the petition with the Clerk Seventeen days from the filing of said bills are given defendant to answer,
demur or otherwise plead.
Court met pursuant to adjournment. Present as before.
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although duly called, still
making default, the Court proceeds to hear the proofs and having duly heard and considered the
same and being satisfied there from that the plaintiff is an innocent and injured party it doth
order adjudge and decree that the plaintiff be absolutely and forever divorced from the bonds of matrimony by her
contracted with the defendant and be restored to all the rights and privileges of an unmarried person; and the Court
being satisfied that the defendant is an unsuitable person to have the care and control of the infant child Virginia
W who is of tender years, it is further ordered adjudged and decreed that the plaintiff have the care custody
and control of the said infant child: and it is also ordered that the plaintiff pay the costs of this suit.
The defendants motion for a new trial being heard and fully considered by the Court is
overruled; and the defendants motion in arrest of judgment, being heard and fully considered
by the Court, is sustained.
On Note.
Now come the parties, by their respective attorneys, and waiving a jury submit
this cause to the Court upon the pleadings and proofs and the Court having
duly heard and considered the same, doth finds the issue herein joined in
favor of the defendant. It is therefore considered by the Court that the plain
tiff take nothing by his suit in this behalf but that the defendant go hence without day and recover of the
plaintiff his costs and charges herein expended.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed
at plaintiffs costs and the execution issue therefor.
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs
and that execution issue therefor.
Death suggested.
The attorney for the plaintiff suggests to the Court the death of said plaintiff since the
commencement of this suit, and the same is not denied: and this cause is continued
until the next term of this Court.
Dismissal.
On motion and by consent of parties it is ordered that this cause be dismissed at the defen
dants costs and that execution issue therefor.
On note.
Now come the plaintiffs, by their attorney, and dismiss
this suit as to
called, comes not but makes default, wherefore the petition herein is taken against him as confessed and
the Court finds from the instrument in writing on which this action is founded that the defendant owes the plain
tiffs one hundred and fifty four dollars and ninety cents. It is therefore considered by the Court that the plaintiff
recover of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor: and
it is ordered that this judgment bear interest at Eight percent per annum.
On motion of plaintiff, by attorney, ten days are given to file security
for costs herein.
Continued.
Continued.
Decree of Divorce.
Now come the plaintiff, by her attorney, but the defendant although called,
still makes default, and the Court proceeds to hear the proof herein and having
duly heard and considered the same and being satisfied there from that the plain
tiff is an innocent and injured party it doth order that the plaintiff be absolutely and forever divorced from
the bonds of matrimony by her contracted with said defendant and be restored to all the nights and privilegas
of an unmarried person; and it is ordered that the said plaintiff pay the costs of this suit.
Reply to answer to Rule of Court to produce books.
Now come again the parties by their respective attorneys, and also the Jurors empan
neled and sworn herein and the trial progressed but not being finished is laid over
until Friday Morning.
Court met pursuant to adjournment. Present as before.
Prayer for appeal from judgment of confirmation of Commissioners Report
and to at aside same filed by plaintiff.
Dismissal.
On motion of plaintiff by his attorney, it is ordered that this cause be
dismissed at plaintiffs costs.
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that this cause be dis
missed at plaintiffs costs and that execution issue therefor.
On Bill of Exchange.
Now come the plaintiffs, by their attorney, but the defendant, although duly
summoned and called comes not but makes default, wherefore the petition
herein is taken against him as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendant is indebted to the
plaintiffs in the sum of two hundred and seventy six dollars and seventy five
cents. It is therefore considered by the Court that the plaintiffs recover of the
defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
Now comes the plaintiff, by his attorney, and files an additional attachment bond
herein in the sum of Eight thousand six hundred dollars with
Platt
which bond is approved by the Court.
Order of Sale.
ment from which it appears that the keeping of the property, attached under the
writ herein will be attended with great loss and expense before the probable ter
mination of this suit; it is therefore ordered that the said Sheriff sell said prop
erty according to law, and that he make a report of his proceedings under this
order on or before the first day of the next term of this Court.
Continued.
Continued.
Continued.
Denial of answer filed.
Abstract of issues filed.
On Plea in abatement.
Now come again the parties, by their respective attorneys, and also the Jurors em
panneled and sworn herein, and the trial progressed and being finished the Jurors
aforesaid upon their oaths aforesaid say they find the issue herein joined in favor
of the plaintiff. It is therefore considered by the Court that, at the date of the commencement of this suit,
the defendant had fraudulently conveyed or assigned his property or effects so as to hinder or delay his
creditors, and fraudulently concealed, removed or disposed of his property or effects so as to hinder or delay
his creditors and was about fraudulently to conceal, remove or dispose of his property or effects so as to hinder
or delay his creditors.
Motion for a new trial filed.
Depositions for defendant opened and filed.
The plaintiff file a bond for costs which is approved.
Depositions for defendant opened and filed.
On account.
Now come the parties, by their respective attorneys, and also
come a Jury, to wit;
Davis
Hitchcock
sworn the issues herein joined well and truly to try the trial progressed but not being finished is laid
over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Order of Sale.
from which it appears that the keeping of the property attached under the writ
herein will be attended with great loss and expense before the probable termination
of this suit; it is therefore ordered that the said Sheriff sell said property according to law, and that
he make a report of his proceedings under this order on or before the first day of the next term of this Court.
Order of Sale.
statement from which it appears that the keeping of the property attached un
der the writ herein will be attended with great loss and expense before the
probable termination of this suit; it is therefore ordered that the said Sheriff sell
said property according to law, and that he make a report of his proceedings under this order on or before the
first day of the next term of this Court.
On account. Non Suit.
Now come again the parties, by their respective attorneys, and also
the Jurors empanneled and sworn herein, and the defendant moves the
Court to strike out the petition herein on account of the absence of
poenaed by the defendant and, being called, answers not; which motion, after due consideration by the Court, is
sustained, to which ruling of the Court the plaintiff except and say they will not further prosecute their suit in
this behalf but voluntarily suffer a non suit with leave to move to set the same aside. It is therefore consid
ered by the Court that the plaintiffs take nothing by their suit in this behalf but that the defendant go hereof
without day and recover of said plaintiffs their costs and charges in this suit expended and have execution
therefor. Motion to set aside said non suit filed by plaintiffs.
On Note.
Now comes the plaintiff, by his attorney, and the defendant failing to plead further
herein leaving this action undefended, on motion of the plaintiff, it is ordered by the
Court that the petition herein be taken against said defendant as confessed; and the
Court finds from the instrument in writing on which this action is founded that the defendant is indebted
to the plaintiff in the sum of seventeen hundred and ninety four dollars and three cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and his costs here
in expended and have execution therefor.
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although called
come not; and the plaintiffs waiving a Jury submit this cause to the Court
and the Court having duly heard and considered the same doth find
that the defendants are indebted to the plaintiffs in the sum of two hun
dred and seventy dollars and thirty three cents. It is therefore considered by
the Court that the plaintiffs recover of the defendants the debt aforesaid as found and also their costs herein ex
pended and have execution therefor.
Additional abstract of plaintiffs title filed.
Additional abstract of plaintiffs title filed.
Continued generally.
Garnishment.
Now come the plaintiffs, by their attorney, and the default of said
garnished having been entered herein, and no Jury being required by
plaintiffs, on motion of the plaintiffs, the Court finds and assess against
said garnishee the sum of one cent. It is therefore considered by the
Court that the plaintiffs recover of said garnishee the damages aforesaid
as assessed and also their costs herein expended and have execution therefor.
On Note.
Now come the parties, by their respective attorneys, and waiving a Jury submit the mat
ter in controvery upon the plea in abatement to the Court and the Court having duly
heard and considered the same doth find the issue joined in said plea in favor of the
plaintiffs; and the defendant failing further to pleads herein, leaving this suit undefen
ded, on motion of the plaintiffs, the petition herein is taken against said defendant as confessed; and the Court
finds from the instrument in writing on which this action is founded that the defendant is indebted to the plain
tiffs in the sum of four hundred and seventeen dollars and thirty one cents. It is therefore considered by the
Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their
costs herein expended and have execution therefor; and it is ordered that this judgment bear interest at the rate
of ten percent per annum from this date until paid.
Order for Delivery.
The plaintiff comes and files a petition and affidavit according to law, claiming
the possession of certain personal property therein described; wherefore it is ordered
that the defendant deliver the property specified in said affidavit to Coroner of
St Louis County and said Coroner is hereby directed if said property be not delivered to him to take it from
the defendant and deliver it to the plaintiff.
On motion of the plaintiff, by his Attorney, it is ordered by the Court
that this cause be
Agreement filed and cause continued at defendants costs by consent.
Continued as on affidavit at defendants costs.
On motion of the plaintiff, by Attorney, it is ordered that this cause be
On account.
Now at this day come the parties, by their respective Attorneys, and also come a
Jury to wit; Herman Kahrman, Gregua Aubuchon, Herman Mardorf, Louis
Myers, LE Forsyth, Z Day, Charles Jonas, E Williams, WH Vandewater,
James Benken, JC Essex and DH Preston, twelve good and lawful men who being duly elected
tried and sworn the
he will not further prosecute this action but voluntarily takes a non suit. It is therefore considered
by the Court that the plaintiff take nothing by his suit in this behalf by that the defendant go hence
without day and recover of the plaintiff his costs and charges herein expended and have execution therefor.
Leave is given plaintiff to move to set aside non suit.
Now comes the attorney for the plaintiff, and suggests to the Court the death of said
plaintiff since the commencement of this suit, which is not denied, and this cause
is continued until the next term of this Court.
The plaintiffs motion for judgment on the answers herein being heard and fully con-
sidered by the Court is overruled.
Agreement filed and by consent of plaintiff one week further time is given defendant
to file herein a motion for new trial and motion in arrest of judgment.
Motion to dismiss suit filed.
Motion to
The answer of John T Blackburn and others is amended by leave of Court by ad-
ding an affidavit thereto: and the plaintiff by his attorney
to Edward Hall.
On Note.
Come the parties, by their respective attorneys, and the Court
having duly heard and considered the motion for severance as to
the defendant
to wit;
and sworn the issues herein joined well and truly to try the trial progressed but being finished is laid
over until Monday Morning.
Court met pursuant adjournment. Present as before.
Petition.
Now comes the plaintiff, by his attorney, but the default although
called still makes default, and no Jury being required the court
from the proofs doth assess the value of the property at the sum
of seven hundred dollars, that is to say five hundred dollars
the value of the slave
damages of said plaintiff for the detention thereof at the sum of fifty dollars. It is therefore considered by
the Court that the defendant return the said slaves,
sessed, at the election of the plaintiff, and also pay the damages assessed and the costs of this suit and
that execution issue therefor.
On Notes.
Now come the plaintiffs, by their attorney, but the defendant although called
comes not nor have they pleaded to this action leaving the same undefended where
fore on motion of plaintiffs, the petition is taken against said defendants
as confessed: and the Court find from the instruments in writing on which
this action is founded that the defendants are indebted to the plaintiffs in the
sum of fifteen hundred and twenty one dollars and seventy two cents. It is therefore considered by the Court
that the plaintiffs recover of the defendants the debt aforesaid as found and also their costs herein expended
and have execution therefor.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dis
missed at their costs and that execution issue therefor.
Dismissal.
On motion of the plaintiff, by its attorney, it is
said ordered by the Court that this cause be dismissed at the costs of
said plaintiff and that execution issue therefor. By leave of Count
plaintiff withdraw the notes sued on.
Dismissal.
On motion of the plaintiffs, by their attorneys, it is ordered that this cause be dis
missed at their costs and that execution therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this
cause be dismissed at plaintiffs costs and that execution issue therefor.
Order of Publication.
The plaintiff files a petition and also an affidavit from which it appears to
the Court that the defendant is a non resident of this State therefore, on mo
tion of the plaintiff, by her attorney it is ordered that the defendant be notified
that a civil action has been commenced against him to obtain a decree of divorce on account of wilful
desertion and adultery, and that unless he appear at the next term of this Court to be begun and held
at the City of St Louis, within and for the County of St Louis, on the first Monday of February next, and
on or before the sixth day thereof answer to the action aforesaid, according to law, the petition herein will
be taken against said defendant as confessed. And it is further ordered that a copy hereof be published,
according to law, in the St Louis Evening News, a newspaper printed and publication in the City of St Louis.
On notes.
Now come the plaintiffs, by their attorney, and on their motion the
judgment rendered herein on the tenth instant is set aside and
vacated; but the defendant although duly called come not and
the plaintiffs waiving a Jury submit this cause to the Court upon
the pleadings and proofs and the Court doth find therefrom that
the defendants are indebted to the plaintiffs in the sum of six hundred and fifty nine dollars and eighty
cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as
found and their costs herein expended and have execution therefor.
On Bills of Exchange.
Now come the plaintiffs, by their attorney, and also comes the defendant, by his attor
ney, and withdraw his motion to consolidate and saying nothing further in bar
of the plaintiffs demands the Court doth find that the defendant is indebted to the
plaintiffs in the sum of ten hundred and sixty three dollars and eight cents on ac
count of the instruments in writing on which this action is founded. It is there
fore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and
their costs herein expended and have execution therefor.
On Bill of Exchange.
Now come the parties, by their respective attorneys, and the defendant with
draws his motion to consolidate, and saying nothing further in bar of the plain
tiffs demands the Court doth finds that the defendant is indebted to the plain
tiffs in the sum of seven hundred and eight dollars and eleven cents on account
of the instrument in writing on which this action is founded. It is therefore
considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and their
costs herein expended and have execution therefor.
On motion of
answer herein.
Dismissal.
On motion of plaintiff, by her attorney, it is ordered that this
cause be dismissed.
Now comes the plaintiff, by its attorney, and by leave of Court first
had and obtained amends the petition herein by inserting in the desecrip
tion of five hundred and two notes, dated
D number twenty seven hundred and seventeen, and by changing in the description of five hundred and
forty five notes dated
and 2349, to 2347, and changing in description of two hundred and thirty six notes dated
1858
of five hundred and thirteen notes Lettered C dated
in description of five hundred and ten notes dated
and further by changing in description of five hundred and forty five notes number 1453 to 1455; and the
plaintiff brings into Court and files with the Clerk the notes or bells sued on and the said notes are filed by developing the same in paper packages and enduring the packages thus made filed and attached to said packages on list made and attached by the clerk a description of said notes and it is ordered by the Court
that
filed subject to the further orders and directions of this Court, and that said
upon the discharge of his duties file a bond in the sum of seventy five thousand dollars with good and suf
fiecient security, which bond with
and
this Court make out a complete copy of that portion of the petition which describes the said notes or bills and
deliver the same together with said notes or bills to the Receiver hereby appointed.
Now comes the plaintiff, by its attorney, and brings into Court and
files with the notes or bills sued on and the said notes are filed by enveloping the same in paper packages and find using the packages this made filed and attach
ing to said packages offset made and tested by the Clerk respective of said notes and it is ordered by the Court
that
notes or bills so brought into Court, subject to the further orders and directions of this Court, and that
said
thousand dollars with security, which bond is according field; and it is ordered that the Clerk of this
Court make out a complete copy of that portion of the petition which describes the said notes or bills
and deliver the same together with said notes or bills to the Receiver hereby appointed.
Satisfaction.
Now come the plaintiff, in person and acknowledges to have received full and entire
satisfaction of the judgment rendered herein.
Now come again the parties, by their attorneys, and also the Jurors herein and the
trial progressed but being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
Petition for Freedom.
Now comes the plaintiff, by his Attorney, and submits to the Court
his motion for judgment herein, and the Court having duly heard and
considered the same and the petition answer and proofs doth order
that the said motion be sustained. It is therefore considered and
adjudged by the Court that the plaintiff be absolutely and forever
set free from the said defendants and all persons claiming under
them by title derived after the commencement of this suit and that
the said plaintiff recover of the said defendants his costs herein expended and have execution therefor.
The defendants motion to
by the Court, is overruled.
The defendants motion to
by the Court is overruled.
On account.
Now come the plaintiffs, by their Attorney, but the defendant still makes default,
and the plaintiffs waiving a Jury submit the assessment of their damages to the
Court, and the Court, from the proofs, doth
sum of seven hundred and twelve dollars and ninety seven cents. It is there-
fore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form
aforesaid as
tached herein.
On motion of defendant, by his Attorney, a dedimus is awarded him to Ohio.
James R Lackland and William H Lackland, two credible
the execution and acknowledgment of a deed of emancipation by Richard E Bland to slaves
Rosetta alias Rosetta Bradshaw aged about thirty five years of a bright mulatto color, and her
infant child aged about six months; and Peter E Bland who is personally known to the Court ack-
nowledges the execution by him of said deed of emancipation to said slaves Rosetta and her infant child.
Charles JF Allen is admitted and enrolled as a member of this Bar.
Motion for security
for costs filed.
Motion for security for
costs filed.
Now come again the parties, by their Attorneys, and also the Jurors herein and the trial
progressed and it is ordered by the Court that the answer of defendant Wheeler
be stricken out and by leave of Court the other defendants file an amended an-
swer herein; but the trial not being finished further proceedings are laid over until
Court adjourned until
Court met pursuant to adjournment. Present as before.
On motion of the plaintiffs, by their attorneys, it is ordered that a dedimus issue
in their behalf to Louisiana and also to New York.
On motion of the defendant, by their attorney, a dedimus is awarded them to
Louisiana and also to New York.
Dismissal.
On motion of the plaintiff, by attorney, it is ordered that this cause be dismissed
at his costs and that execution issue therefor.
On note.
Now comes the attorney for the plaintiffs, and also comes the defendant by his at
torney, and the attorney for the plaintiffs suggests to the Court the death of
P Anderson
parties consent and agree that judgment may be rendered herein against the defen
dant in favor of Rene Guillon, the surviving plaintiff, for the sum of two hundred and fifty six dollars
and thirty five cents. It is therefore considered by the Court that the said plaintiff recover of the defen
dant the debt aforesaid as agreed upon and also his costs herein expended and have execution therefor. By
consent of parties execution of parties execution is stayed sixty days from this date.
Decree of Divorce.
Now comes the plaintiff, by his attorney, but the defendant, although duly called,
still makes default; and the Court proceeds to hear the proof and having duly
heard and considered the same and being satisfied there from that the plaintiff is an
innocent and injured party, it doth order adjudge and decree that the plaintiff be absolutely and forever
divorced from the bonds of matrimony by him contracted with the defendant and be re stared to all the
rights and privileges of an unmarried person: and it is also ordered that the plaintiff pay the costs of
this suit and that executive issue therefor.
Confession of Judgment.
Now come the plaintiff, by their attorney, and file the statement
of the defendants confessing themselves indebted to the plaintiff in the
sum of Seven thousand nine hundred and sixteen dollars and fifty
one cents and authorizing the entering up of judgment against them in
favor of the plaintiffs for that amount. It is therefore considered by
the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as confessed and
also their costs herein expended and have execution therefor.
Default.
Now come the plaintiffs by their attorney, but the defendants although duly called
come not, nor have they pleaded further herein, wherefore, on motion of plaintiffs,
the petition herein is taken against said defendants as confessed.
Continued on affidavit at defendants costs.
Satisfaction.
Now comes the plaintiff, by
edges to have received full and entire satisfaction of the judgment rendered herein
on the
Continued as on affidavit at defendants costs on account of the absence of
On Note.
Now come again the parties, by their respective attorneys, and
also the Jurors empanelled and sworn herein, and the trial
being finished the Jurors aforesaid upon their oaths aforesaid
say they find a verdict in favor of the plaintiffs for the sum
of two thousand and ninety five dollars and thirty one cents.
It is therefore considered by the Court that the plaintiffs recover
of the defendants the damages aforesaid in form aforesaid as assessed and also their costs and charges
in this behalf expended and have execution therefor.
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to
Iowa and also to Illinois.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed an
plaintiffs costs and that execution issue therefor.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed an
plaintiffs costs and that execution issue therefor.
Non suit.
This cause being called for trial the defendant comes, by attorney, but plaintiff
although duly called comes not, wherefore, on motion of the defendant, it is
ordered and adjudged by the Court that the plaintiff be non suited and that the
defendant go hereof without day and receiver of the plaintiff its costs herein expended
and have execution therefor.
Abstract of issues filed.
Motion for a new trial filed.
On account.
Now come the parties, by their respective attorneys, and also come a Jury
to wit;
Leduc
Goodwin
well and truly to try and the trial being finished, the Jurors aforesaid upon their oaths aforesaid say
the find for the plaintiff the sum of two hundred dollars. It is therefore considered by the Court
that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assessed and
also his costs and charge herein expended and have execution therefor.
Order for Delivery.
The plaintiff comes and files a petition and an affidavit according to law, claim
ing the possession of certain personal property therein described; wherefore it is
ordered that the defendants deliver the property specified in said affidavit to the
Sheriff of St Louis County and said Sheriff is hereby directed if said property be not
delivered to him to take it from the defendants and deliver it to the plaintiff.
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of the plaintiff, by attorney, it is ordered that this cause be dis
missed his costs and that execution issue therefor.
Account.
Now come the parties by their attorneys, and waiving a Jury submit this cause to the
Court upon the pleadings and proofs and the Court having duly heard and considered
the same doth find for the plaintiffs upon the claim the sum of two hundred and
and fifteen dollars and for the defendant upon his counterclaim the sum of seventy
seven dollars and seventy cents and the doth assess the plaintiffs damages at the sum of one hundred and thirty seven
dollars and thirty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the
damages aforesaid in form aforesaid as assessed and their costs and charges in the behalf expended and
have execution therefor.
Now come the parties, by their attorneys, and the Court being satisfied from evidence
produced, that the order for production of books should not have been granted.
doth order that said rule be set aside and vacated.
Continued as on affidavit at plaintiffs costs for absence of
witness.
Continued by consent at plaintiffs costs.
Motion for a new trial filed.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and the defendants also come
and file a statement in writing duly verified by affidavit, confessing
themselves to be indebted to the plaintiffs in the sum of one hundred and
ninety dollars and seventy eight cents and authorizing the entering up of
judgment against them in favor of the plaintiffs for that amount. It is
therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form
aforesaid as confessed and their costs herein expended and have execution therefor.
On Plea in abatement.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
W Yeates
and
herein joined well and truly to try, the trial progressed and being finished the Jury aforesaid upon
their oaths aforesaid say they finds the matters in controvery upon the plea in abatement in favor of the
defendant. It is therefore considered by the Court that, at the date of the commencement of this suit, the
defendant had not absconded or absented himself from his usual place of abode in this state
so that the ordinary process of law could not be served upon him: wherefore it is ordered and adjudged
by the Court that this cause be dismissed at the costs of the plaintiff and of
pal and
Answer of
Motion for an order on receiver filed.
Court met pursuant to adjournment. Present as before.
On account.
Now comes the plaintiff, by its attorney, and waiving a Jury submits the
assessment of damages herein to the Court and the Court, from the proofs,
doth assess the plaintiffs damages at the sum of two hundred and
seven dollars and forty cents. It is therefore considered by the Court that the plaintiff recover of the defen
dant the damages aforesaid in form aforesaid as assessed and also its costs and charges herein expended
and have execution therefor.
Continued as on affidavit at defendants costs for absence of
a witness.
On motion of the plaintiff, by his attorney, a dedimus is awarded him to the
State of New York.
Continued by consent.
Continued generally.
On motion plaintiffs, it is ordered that an alias summons issue herein.
On motion of plaintiff, ordered that an alias Summons issue for
Eddy
On motion of plaintiff, ordered that an alias summons issue herein.
nowledges the execution of a deeds to
girl slave named
when she attains the age of twenty five years until which time she is to remain the slave of the said
Now at this day comes the plaintiff, by his attorney, and files a petition, and also comes
the defendant, by his attorney, Charles D Colman, and, waiving the issue and ser
vice of process, enters his appearance to this action; by consent of parties until the
first day of the next term of this Court is given the defendant to answer.
The attorney for the plaintiff suggests the death of said plaintiff since
the commencement of this suit which is not deviced: cause continued.
Motion for a new
trial filed.
Depositions for defendant opened and filed.
Petition for Injuries.
Now come the parties, by their respective attorneys, and also a Jury, to wit,
Williams
Fine
being duly elected tried and sworn the issue herein joined well and truly to try the trial progressed
and being finished the Jurors retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
of a deed by him, as Sheriff, in favor of
estate and property of
premises situated in the County of St Louis and State of Missouri; to wit; all that certain lot, price
or parcel of land lying situated and being in the County of St Louis, State of Missouri, described as a
piece or parcel of lands situated in what is called the grand prairie Common Fields and within the
survey of a New Madrid Location in the name of
year eighteen hundred and eighteen, as Deputy Surveyor of the United States, commencing the survey
on an arpent lot (as surveyed by
the New Madrid survey made by Cozzens for
thirty six chains to across road recently laid out from the Olive Street Plank Road to Page avenue, which
road runs nearly north and South, containing about eleven acres, more or less; bounded South by a lot one
half arpent in width surveyed to the legal representatives of
line of said New Madrid Location in the name of
a large lain and a brick house occupied by one
from the Office of the Clerk of St Louis Court of Common Pleas in favor of
him as Sheriff in favor of
interest, claim, estate and property of
described premises, to wit; All that certain lot, piece or parcel of ground situate lying and being in the city
of St Louis and State of Missouri, commencing at a point in the southern line of Spruce street, distant
westwardly forty five feet from the intersection of the Southern line of Spruce street with the eastern
edge of Sixth street, and running thence Southwardly and parallel with Sixth street along land occu
pied by St John Church, one hundred and ten feet, thence Eastwardly and parallel with Spruce
street eighty two feet to an alley; thence Northwardly along the Western line of said alley one hundred and
ten feet to Spruce street, and thence to the beginning: Sold by virtue of and Execution issued from the office
of the Clerk of the Court of Common Pleas returnable to the
and
On Judgment.
Now comes the plaintiff, by his attorney, but the defendant, although called still make
default; and no Jury being required the Court from the proofs doth assess the plain
tiffs damages at one hundred and eighty seven dollars and twenty four cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid as assessed
and also his costs herein expended and have execution therefor.
On Judgment.
Now comes the plaintiff, by his attorney, but the defendant, although duly called comes not;
and the plaintiff submits this cause to the Court and the Court having duly heard and con
sidered the same doth find for the plaintiff and assess his damages at nine hundred and sixty
nine dollars and twenty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the
damaged aforesaid as assessed and his costs herein expended and have execution therefor.
Deposition for plaintiffs opened and filed.
Continued.
Order on Receiver.
Now come the defendants, by their attorney, and submit to the Court the
motion for an order on the receiver and the Court after due consideration thereof
doth order that
and file with the Clerk of this Court a full true and specific report, account
and statement of all moneys and rents which have come to his hands or under his control as receiver herein,
showing from whom, on what account and in what sums all such money has been received by him.
Depositions for plaintiff filed.
Motion for a new trial filed.
Motion for security
for costs filed.
Abstract of issues filed.
Continued as on affidavit at defendants costs for absence of
Confession of Judgment.
Now comes the defendant, and files a duly verified statement confessing
himself indebted to the plaintiffs in the sum of one hundred and twenty four
dollars and fifty cents and authorizing the entering up of judgment against him
in favor of the plaintiffs for that amount. It is therefore considered by the
Court that the plaintiffs recover of the defendant the debt aforesaid as confessed and their costs herein ex
pended and have execution therefor; and it is ordered by the Court that this judgment bear interest at
the rate of ten percent per annum from this date until paid.
Dismissal. Default.
Now comes the plaintiff, by his attorney, and dismisses this suit as to
Osborn
summoned and called come not but make default, wherefore, on motion of the
plaintiff, it is ordered by the Court that the petition herein be taken against
the said defendants as confessed.
Mistrial.
Now come again the parties, by their respective attorneys, and also
come the Jurors empanneled and sworn herein, and say they are unable
to agree upon a verdict, wherefore it is ordered by the Court that
the Jurors aforesaid be discharged from the further consideration of
this cause be continued until the next term of this Court.
Continued.
Continued as on affidavit at plaintiffs costs.
Continued.
Continued by consent.
Continued.
Continued.
Continued.
Dismissal.
On motion of the plaintiff, by his attorney it is ordered that this cause be
dismissed at his costs and that execution issue therefor.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued by consent.
Court met pursuant to adjournment. Present as before.
Dismissal.
And now at this day come the parties to this suit and by agreement and
for value received by plaintiff from the defendant this suit is dismissed.
Depositions for plaintiffs opened and filed.
Depositions for plaintiff opened and filed.
Agreement filed.
Depositions for plaintiffs opened and filed.
Continued by Consent.
Dismissal.
By consent of parties, it is ordered that this cause be dismissed and that each
party pay one half of the costs herein and that execution issue therefor.
Continued by consent.
Continued by consent.
On account.
Now comes the plaintiff, by his attorney, but the defendants still make
and no Jury being required the Court from the proofs doth assess the plain
tiffs damages at the sum of three hundred and ninety dollars and seventy
cents. It is therefore considered by the Court that the plaintiff recover of the
defendants the damages aforesaid in form aforesaid as assessed and also his costs herein expended
and have execution therefor.
On motion of plaintiff, by his attorney, twenty days are given him to file
an amended petition herein, and this cause is continued.
Receiver files an account.
Transcript from Probable Court filed.
Deposition of
Continued by consent of parties.
Continued as on affidavit at defendants costs for absence of
Petition.
Now come the parties, by their respective attorney, and also come a Jury to
wit.
Wilson
M Phetridge
who being duly elected tried sworn the issues herein joined well and truly to try the trial progresses
and being finished the Jurors aforesaid upon their oaths aforesaid find the following verdict, to wit;
"We the Jury find for the plaintiff amount four hundred fifty dollars and interest at six percent per
annum from date of this suit.
plaintiff recover of the defendant the sum of four hundred and fifty dollars and the interest aforesaid as
sessed by the Jury, to wit; twenty three dollars and sixty two and one half cents, making the sum total four
hundred and seventy three dollars and sixty two and one half cents damages, together with his cost and
charges in this behalf expended and have execution therefor.
Proceedings against
Now at this day come the parties and the Court being fully advised of and concerning the
matters in issue on the application to commit the said
paying the plaintiff the sum of ninety two dollars and twenty cents, monthly, in money un
der the decree made herein on the twentieth day of June last past, finds that by the true intent and
meaning of said decree the said sum of ninety two dollars and twenty cents was to be paid to the said
Doyle
or any other property of the defendant in possession of said
but the Court further finds that the said
comply with said decree, and that said
that he was not bound to perform said decree further than he did; therefore it is ordered that the
rule for committing the defendant is discharged at his costs.
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, still makes de
fault, and the Court proceeds to hear the proof and having heard and
considered the same, and being satisfied therefrom that the plaintiff is an
innocent and injured party, it doth order adjudge and decree that the said plaintiff be absolutely and
forever divorced from the bonds of matrimony by her contracted with said defendant and be restored to
all the rights and privileges of an unmarried person, and that her present name be altered and charged
to her maiden name of
as her only true and lawful name: and it is also ordered that the plaintiff pay the costs of this suit.
The demurer to the petition herein is, after due consideration by the Court, sustained.
Ten days are given the plaintiff to amend.
Motion for security for costs filed.
Continued as on affidavit at plaintiffs costs for absence of
Now comes the defendant, by his attorney, but the plaintiff comes not
nor has it prosecuted the appeal from the judgment of confirmation of
the Commissioners report, wherefore it is ordered, one motion of the
defendant, that said appeal be dismissed, and the judgment of confir
mation of said Commissioners Report the affirmed.
By consent until the twenty fourth instant is given the garnishee to reply to the
denial of his answer.
For Malicious Prosecution.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
and
joined well and truly to try the trial progressed but not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
Motion for security for costs filed.
Affidavit of
filed.
Decree of Divorce.
Now at this day come the parties, by their respective attorneys, and the defendant by
leave of Court withdraws his answer herein, wherefore it is ordered that the default
of said defendant be entered herein; and by leave of Court the plaintiff files a sup
plemental petition, and by consent this cause is now submitted to the Court for final hearing; and the plain
tiffs petition and her proof being duly heard and considered, the Court finds that the plaintiff is a person of good
moral character and is in this cause the innocent and injured party and that she is for the causes stated in
said petition entitled to admire from defendant and to the restoration of her maiden name. It is therefore
ordered adjudged and decreed that the bonds of matrimony between plaintiff and defendant be dissolved on
account of and for the fault of defendant, that the plaintiff be restored to her maiden name of
H Bonesteel
that the defendant pay the costs of this suit.
Continued by consent.
Reply filed.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the state
ment of the defendants, confessing themselves indebted to the
plaintiffs in the sum of nine hundred and ninety two dol
lars and thirty cents and authorizing the entering up of jud
gment against them for that amount. It is therefore considered by the Court that the plaintiffs recover of
the defendant the debt aforesaid as confessed and also their costs herein expended and have execution therefor.
Confession of Judgment.
Now come the plaintiffs, by his attorney, and files the statement
of the defendants, confessing themselves indebted to the plaintiffs as sur
viver in the sum of two hundred and sixteen dollars and twenty
sixty cents and authorizing the entering up of judgment against
them for that amount. It is therefore considered by the Court that
the plaintiffs recover of the defendant the debt aforesaid as confessed and also their costs herein expended
and have execution therefor.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file their affidavit
and comes
by virtue of a warrant of attorney, for that purpose executed by
the defendants, and now produced and filed, confesses judgment in
favor of the plaintiffs and against the defendants for the sum of four hundred and ninety nine dollars
and ninety three cents and authorizes the entering up of judgment against said defendants for that
amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt
aforesaid in form aforesaid as confessed and also their costs in this behalf expended and have execution
therefor: and it is ordered by the Court that this judgment bear interest at the rate of ten percent per an
num from this date until paid.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file their affi
davit, and also comes
torney and virtue of the authority therein conferred, in the
name and behalf of said defendants, confesses judgment
in favor of the plaintiffs and against the defendants for the sum of four hundred and eighty five dollars
and sixty one cents and authorizes the entering of judgment against the defendant for that amount. It is
therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed
and also their costs herein expended and have execution therefor: and it is ordered that this judgment bear
interest at ten percent per annum from this date.
Confession of Judgment.
Now come the plaintiffs, by their Attorney and file their affidavit, and also
appears
warrant of attorney executed by the defendants, and now produced and
proved and filed, waives the issue and service of process and says he can
not deny the demand of the plaintiffs, nor that the defendants are indebted
to the plaintiffs, in the sum of two hundred and thirty five dollars and ninety seven cents, and con
fesses judgment in favor of the plaintiffs and against the defendants for that amount and authorizes
the entering up of judgment against said defendants for the same. It is therefore considered by the
Court that the plaintiffs recover of the defendants the debt aforesaid as confessed and also their costs
and charges in this behalf expended and have execution therefor: and this ordered that this judgment
bear interest at ten per cent per annum from this date.
Confession of Judgment.
Now come the plaintiffs, by their Attorney, and file their affidavit, and
also comes
and by virtue of the authority therein conferred, confesses judgment in favor
of the plaintiffs against the defendants for the sum of four hundred and
thirty one dollars and two cents authorizes the entering up of judgment against
said defendants for that amount. It is therefore considered by the Court that the plaintiffs recover of
the defendants the debt aforesaid as confessed and also their costs herein expended and have execution
therefor; and it is ordered that this judgment bear interest at ten percent per annum from this date.
Confession of Judgment.
Now come the plaintiff, by his Attorney, and files on affidavit, and also come
of the power thereby conferred, confesses judgment in favor of the plaintiff
against the defendants for the sum of one hundred and sixty two dollars and
seventy nine cents, and authorizes the entering up of judgment against the defendants for that amount.
It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as
confessed and also his costs herein expended and have execution therefor; and it is ordered that this
judgment bear interest at ten per cent per annum from this date.
Confession of Judgment.
Now come the plaintiffs, by their Attorney, and file their affidavit, and
also comes
dants and by virtue of the power therein conferred, confesses judgment in fav
or of the plaintiff against the defendant for ten hundred and fifty one dollars
and one cent and authorizes the entering up of judgment for that amount. It is therefore considered by the Court
that the plaintiffs recover of the defendants the debt aforesaid as confessed and their costs herein expended and have
execution therefor; and it is ordered that this judgment bear interest at ten percent per annum from this date.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and files the duly
verified statement of the defendants confessing themselves indebted
to the plaintiffs in the sum of one hundred and thirty one dol
lars and ten cents and authorizing the entering up of judgment
against them for that amount. It is therefore considered by the Court that the plaintiffs recover of the
defendants the debt aforesaid as confessed and also their costs herein expended and have thereof execution;
and it is ordered that this judgment bear interest at ten per cent per annum from this date.
Confession of Judgment.
Now come the plaintiffs, by their attorneys, and file their affi
davit, and come
cuted, by the defendants, and, by virtue of the power therein con
fered, in the name and behalf of defendants, acknowledges that
the defendants are indebted to the plaintiffs in the sum of seven hundred and fifty three dollars and
sixty one cents and authorizes the entering up of judgment against the defendants for that amount. It is
therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed
and their costs herein expended and have execution therefor; and it is ordered that this judgment bear
interest at ten per cent per annum from this date.
For Malicious Prosecution.
Now come again the parties, by their respective attorneys, and also come the Jurors
empanneled and sworn herein, and the trial progresses and being finished the Jurors
retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
Now come the plaintiff, in person, and also come the defendants, by
cess, enter their appearance to this action; and by consent until the fifth
day of the next term of this court is given defendants to pleads.
Now comes the plaintiff, in person, and also come the defendants, by
with leave to plead on or before the fifth day of the next term of this Court.
Demurer filed.
Continued as on affidavit at
plaintiffs costs for absence of
Order of Publication.
The plaintiff having filed a petition and also an affidavit from which
it appears that the defendant is a non resident of this State, therefore,
on motion of the plaintiff, by her attorney, it is ordered by the Court that
the defendant be notified that a civil action has been commenced against him to obtain a decree
of divorce from the bonds of matrimony on the ground of desertion, and that unless he appear at
the next September term of this Court to be begun and held at the City of St Louis, within and for the
Country of St Louis on the last Monday of September, eighteen hundred and sixty, and on or before
the sixth day of said term, answer to the action aforesaid, according to law, the petition herein will be
taken against him as confessed. And it is further ordered that a copy hereof be published, according to
law, in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
Petition for Damages.
Now comes the plaintiff, by his attorney, but the defendant although duly
called comes not; and the plaintiff waving a Jury submits this cause to
the Court upon the pleadings and proofs and the Court having duly heard
and considered the same doth find for the plaintiff and assess his damages at the sum of seventy nine
dollars and nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the
damages aforesaid in form aforesaid as assessed and also his costs and charges in the behalf expended
and have execution therefore.
Order of Sale.
Court after due consideration thereof, doth order that the said Receiver sell the property
specified in said petition by public auction.
Continued as on affidavit at defendants costs for absence of
witnesses.
Motion and also an affidavit to set aside default filed.
Non suit.
Now come the parties, by their respective attorneys, and also come a Jury, to wit,
Shannon
Karle
and sworn the issues herein joined well and truly to try the trial progressed but
the plaintiff says he will not further prosecute his suit in this behalf but voluntarily takes a non suit, with
leave to move to set the same aside. It is therefore considered by the Court that the Jurors aforesaid be
discharged from the further consideration of this cause, and that the plaintiff take nothing by his suit in
this behalf but that the defendants go here of without day and recover of the plaintiff their costs and
charges herein expended and have execution therefore. Leave is given plaintiff to move to set aside non suit.
Court met pursuant to adjournment. Present as before.
By leave of Court first had and obtained the plaintiffs file an additional
affidavit herein.
By leave of Court first had and obtained the plaintiffs file an ad
ditional affidavit herein.
By leave of Court first had and obtained the plaintiffs file an additional affi
davit herein.
By leave of Court first had and obtained the plaintiffs file an additional
affidavit herein.
By leave of Court first had and obtained the plaintiffs file an additional
affidavit herein.
For Malicious Prosecution.
Now come again the parties, by their respective attorneys, and also come the Jurors,
empanelled and sworn herein, and being agreed upon a verdict, upon their oaths,
say they find for the defendant. It is therefore considered by the Court that the plain
tiff take nothing by his suit in this behalf but that the defendant go hence without day and recover of the
plaintiff his costs and charges herein expended and have execution therefor.
Continued as on affidavit at defendants costs for absence of
a witness.
On motion a dedimus is awarded plaintiff to Illinois.
Continued on affidavit at defendants costs.
Motion to suppress defendants depositions filed.
Court met pursuant to adjournment. Present as before.
by him of a deed as such sheriff in favor of
estate and property of
of
and guardian of
to the following described real state, being one hundred and thirty five 67/100 acres in the St Ferdinand
Common Fields in said Country of St Louis described and bounded as follows, to wit beginning at a
stone in
of a lane 20,11 chains to a post corner, near the roof of an Elm 24 inches in diameter, corner on
James Smith line thence & 53 C along Smiths Southern line 23,96 Chains to a post at Madam
Menards corner thence South 37 W 290 chains to s stone corner of said Menard, thence J 53 C
along said Menards line 13,50 chains to a stone, thence N 37 C 2,92 chains to a stone in James
Smith land thence 53 C along Smith line 43,74 chains to a post in Flonsant Road from
which a gate post bears N 53 W C links distant thence & 13 W along said road 6,722chains to a post
thence & 10 3/4 W 600 chains to a post in Peter Manter line 24 links N 53 C of a stone in his line
10,78 chains to a post in Jack Perreau line thence N 53 W along perreau line 75,83 chains to a
post, the most northern corner of perreau land from which an Elm 30 inches in diameter bears
&55 C,150 links distant thence & 37 West along perreau line 425 chains to a stone in Utz line
thence N53 W along Utz line 12,95 chains to the beginning: sold under and by virtue of an order
of sale made by the St Louis Land Court in the cause wherein
Smith
plaintiffs and
&
by him as such Sheriff in favor of
and property of
Louise
of
estate, to wit; a track of land containing one hundred and eighty two 25/100 acres in the St Ferdin and
Common Fields in term her and described and bounded in a Survey made by Isaac Woods on the
Country as follows, to wit; in township 47 N R C 6 C beginning at a white oak tree 12 inches in di
ameter at the N C corner of lands belonging to the estate of
dary line of said track N 53 W 148 chains to 50 links to a post on the right bank of the Missouri river
said stake being the most Northerly corner of said track, thence up the said river with the meanders
thereof & 50" 30 W 15 chains 71 links to the most westerly corner of said track, thence with the South
Westerly line of said track &53 C 93 chains 79 links to a corner from which a walnut 20 inches diam
eter Bears N40 C 20 links an honey locust bears N 58 W 25 links distant thence N 37 C 150 links
to a white walnut stump at corner from which a walnut bears & 85 C 39 links and a walnut 40
inches diameter bears N 75 W 25 links distant, thence & 52 30 C 17 chains 50 links a post corner from
which a black oak 28 inches diameter bears & 18 W 16 links distant and a Lynn 12 inches diameter
bears N 26 30 C 49 links distant thence N 37 C 8 chains and 8 links to a post comes from which a
white walnut bears &32 C 12 links distant and a white walnut 16 inches diameter bears N 22 W 37
links distant thence & 53 C 34 chains 88 links to a post corner from which a sugar tree 20 inches di
ameter bears &30 30 C 14 links distant thence N 37 C 5 chains 86 links to the place of beginning: Sold
by virtue of an order of sale made by the St Louis land Court in a suit for partition wherein
widow of
On account.
Now come the parties, by their respective attorneys, and the defendant
withdraws his plea in a statement and the parties consent and agree that
Judgment may be rendered herein in favor of the plaintiffs for one hun
dred and fifty five dollars and twenty one cents. It is therefore considered by
the Court that the plaintiffs recover of the defendant the debit aforesaid as agreed upon and their costs
herein expended and have execution therefor.
Garnishment.
Now come the parties by their attorney, and the consent the said garni
shee
tiff and the garnishee,
judgment may be rendered herein for one hundred and thirty eight
dollars and seventy five cents. It is therefore considered by the Court
that the plaintiffs recover of the said
ecution therefore and that out of said sum the pay the costs herein expended; and the plaintiffs acknowledge
to have received full and entire satisfaction of the above judgment.
On account.
Now come the parties by their attorneys, and the defendant withdraws his plea in
abatement and consents and degrees with the plaintiffs that judgment may be ren
dered herein against him for the sum of one hundred and ninety seven dollars
and thirty five cents. It is therefore considered by the Court that the plaintiffs re
cover of the defendant the debt aforesaid as agreed upon and their costs herein expended and have execution thereupon
Garnishment. Now come the parties, by their attorneys, and by consent the said
Taussig
of parties, it is considered by the Court that the plaintiffs recover of the
said
dollars and sixty nine cents, debt, and that at of said amount they pay
the costs of this proceeding: and plaintiffs acknowledge full and entire satisfaction of the above judgment.
On account.
Now come the parties, by their attorney and the defendant withdraws his plea in
abatement and consents and agreed with the plaintiff that judgment may be ren
dered herein in favor of the plaintiff for one hundred and fifty six dollars
and twenty five cents. It is therefore considered by the Court that the plaintiff recover of the de
fendant the debt aforesaid as agreed upon and his costs herein expended and have execution therefore.
Garnishment. Now come the parties, by their attorneys, and by consent of parties,
the said
parties consent and agree that judgment may be rendered herein
in favor of the plaintiff against
one hundred and thirty six dollars and seventy five cents. It is therefore considered by the Court that
the plaintiff recover of the said garnishee
have execution therefore; and that out of said sum he pay the wets herein; and the plaintiff ack
nowledges to have received full and entire satisfaction of the above judgment.
amended petition filed by leave of Court.
On account.
Now come the parties, by their attorneys, and the defendant with
draw his plea in abatement and consents and agrees with the
plaintiffs that judgment may be rendered herein for the sum of
one hundred and seven dollars against the defendant. It is there
fore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as agreed
upon and their costs herein expended and have execution therefore.
Garnishment.
Now come the parties by their attorneys, and by consent
Taussig
and agree that judgment may be rendered herein in favor of
the plaintiffs and against said
three dollars and seventy nine cents. It is therefore considered by
the Court that the plaintiffs recover of the said garnishee,
agreed upon and have execution therefore; and that out of said sum they pay the costs herein; and
the plaintiffs acknowledge to have received full and entire satisfaction of the above judgment.
The plaintiffs motion to suppress the depositions of
tained: and on motion of the defendant, by his attorney, leave is given to withdraw said
depositions and leave is also given the officer who took said depositions to amend his
certificates to the same as to conform to the facts.
Non suit.
Now come the parties, by their attorneys, and also come a Jurry, to wit;
Jennings
the issues herein joined well and truly to try the trial progressed but the plaintiff says
he will not further prosecute his suit this behalf but voluntarily takes a non suit. It is therefore consid
ered by the Court that the plaintiff take nothing by his suit in the behalf but that the defendants go
hereof without day and recover of the plaintiff their costs herein expended and have execution therefore. Leave
is given plaintiff to move to set aside above non suit, and plaintiff files a motion for that purpose.
The motion for a new trial herein, being heard and fully considered by the Court
is overruled; On motion during the present teem is given plaintiff to file a bill
of exceptions herein.
The demurrer to the petition herein being heard and fully considered by the
Court is sustained: Leave is given the plaintiff to amend.
On motion a dedimus is awarded plaintiff to Indiana and to Canada West.
The motion for security for costs herein is, after due consideration by the Court, sustained.
until
On Bill of Exchange.
Now come the parties, by their respective attorneys, and file stipulation and sub
mit this cause to the Court and in accordance with said stipulation the Court,
being fully advised in the premises, doth find that the defendant is indebted to the
plaintiffs in the sum of six hundred and eighty one dollars and eight cents. It
is therefore considered by the Court that the plaintiffs recover of the defendant the
debt aforesaid as found and their costs herein expended and have execution therefore.
Order of Injunction.
On reading and filing the petition and the plaintiffs filing a bond in the sum of
five hundred dollars with
security, which bond is approved by the Court, it is ordered that the defendant her
servants agents and attorneys be and they are hereby restrained and enjoined from
selling or proceeding to sell at tax sale, until the further order of this court, the following described real es
tate in the City and Country of St Louis State of Missouri, to wit; fronting twenty four feet on Thirteenth
street and running through to Centre street in Block No 208 of the City of St Louis and bounded
North by Luttry, East by Thirteenth sheet, South by pratt and West by Centre sheet.
Order for Delivery.
The plaintiff comes and files a petition and an affidavit according to law
claiming the possession of certain personal property therein described; wherefore
it is ordered that the defendant deliver the property specified in said affi
davit to the Sheriff of St Louis Country and said Sheriff is hereby directed if said property be not delivered
to him to take it from the defendant and deliver it to the plaintiff.
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although called still
making default the Court proceeds to hear the proof and having duly heard and
considered the same and being satisfied there from that the plaintiff is of good
normal character and an innocent and injured party, it doth order adjudge and decree that the plaintiff be
absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be re
stored to all the rights and privileges of an unmarried person; and it is also ordered that the defendants pay
the costs of this suit.
The motion to set aside the default herein being heard and fully considered by the
Court is sustained upon the payment by the defendant of the costs accrued to this
date. Until the third day of January next is given to answer herein.
On motion a dedimus to Illinois is awarded plaintiffs.
On motion of the defendant, by his attorney, ten days are given to file an amended
answer herein; and the Court doth thereupon overrule the motion for judgment herein.
The motion for security for us to herein is, after due consideration by the Court,
sustained: Until the third day of January next is given plaintiff to file security
for costs.
Order for Subpoena Duces Tecum.
On motion of the plaintiffs, by their attorney, it is ordered that a subpoe
na dues tecum issue to the Secretary of the defendant ordering him to pro
duce on the trial of this cause the records of said Company, also the con
tract made by the defendant with plaintiffs for the grading of said Road
dated about
papers, orders and records relating to the same or to any work done on said road by the plaintiffs.
The motion for judgment being heard and fully considered by the Court
is overruled: the demurrer to the amended petition herein being heard
and fully considered by the Court is sustained. Ten days are given the
plaintiffs to amend.
Motion to set aside non suit filed.
Demurrer filed.
Demurrer filed.
Deposition for defendant opened and filed.
Court met pursuant to adjournment. Present as before.
The fine imposed upon James A Guison, for contempt, is remitted.
Remittitur.
Now comes the plaintiff, by his attorney, and Remits to the defendant the sum of
four hundred and ninety nine dollars and sixteen cents part and parcel of the Judg
ment herein rendered. Therefore it is considered by the Court that the defendant be
discharged from the payment of said sum remitted.
The assignees file a petition and the Court, after due consideration thereof,
doth order that the time for selling and disposing of the stock assigned
be extended sixty days.
On motion of plaintiff by attorney, a dedimus is awarded him to Iowa.
On motion of plaintiff by attorney, a dedimus is awarded him to Iowa.
The defendants motion to strike out the petition herein being heard and fully
considered by the Court is overruled: and the plaintiffs motion for Judg
ment being heard and fully considered by the Court is overruled. Time to and
including the third day of January next is given defendants to answer.
The motion for security for costs herein being heard and fully considered by
the Court is sustained: Twenty days are given to file security for costs.
Additional affidavit filed by leave.
amended petition filed demurrer filed.
Depositions for plaintiffs opened and filed.
affidavits on motion to strike out filed.
Exhibit filed.
amended petition filed.
Motion to strike out answer and
for judgment filed.
amended petition filed.
Continued.
Continued.
Continued.
Continued.
Continued by consent.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Continued.
Court met pursuant to adjournment. present as before.
affidavit of defendant filed. Amended answer filed.
Receivers
Depositions for plaintiffs
opened and filed.
Non Suit.
Now come the defendants, by their attorney, but the plaintiff, although
duly called comes not wherefore, on motion of defendants, it is considered
by the Court that the plaintiff take nothing by his suit in this behalf but
that the said defendants go hence without day and recover of said plaintiff their costs herein expended
and have execution therefore.
proof of Service.
Come the plaintiffs, by attorney, and file proof satisfactory to the Court of service
of petition and notice of suit upon defendant,
On motion the time for answering is extended to the fifth instant.
Garnishment.
Now come the parties, by their attorneys, and waiving a Jury submit this
cause to the Court and the Court having duly heard and considered the
same doth find that the said garnishees, at the time they were summoned
herein as such, were indebted to the defendant
of Seven thousand one hundred and thirty two dollars and fifty cents,
and that the plaintiffs have recovered of the said
two thousand two hundred and four dollars and that the interest there on and the costs on a
sum total twenty five hundred and sixty dollars and sixty four cents; therefore it is considered by the
Court that the plaintiffs recover of the said garnishees the sum of twenty five hundred and sixty
dollars and sixty four cents together with the costs of these proceedings and have execution therefore.
Garnishment.
Now come the parties, by their attorneys, and waiving a Jury submit this
cause to the Court upon the pleadings and proofs and the Court having duly
heard and considered the same doth find that the said garnishees, at the time
they were summoned herein as such, were indebted to the defendant
Renth
lar and fifty cents and that the plaintiffs have recovered judgment against
said
interest thereon and the costs of suit make the sum total fifteen hundred and eleven dollars and
fifty eighty cents; therefore it is considered by the Court that the plaintiffs recover of said garnishees
the sum of fifteen hundred and eleven dollars and fifty eight cents together the costs of these
proceedings and have execution therefore.
petition.
Now come the parties, by their attorneys, and submit this cause to the Court and
the Court having duly heard and considered the same doth find the issues herein
joined in favor of the defendant. It is therefore considered by the Court that the
plaintiff take nothing by his suit in this behalf but that the defendant go hence without day and recover
of the plaintiff his costs herein expended and have execution therefore.
The plaintiffs motion for a new trial being heard, and fully considered by the Court
is overruled.
The plaintiffs motion to strike out defendants answer and for judgment
being heard and fully considered by the Court is overruled.
Continued.
Continued.
By consent it is ordered that this cause be continued and that the defendant
pay all the costs that have accrued herein to this date.
Motion to set aside default filed.
The defendants file answers herein.
Depositions for plaintiff opened and filed.
Court met pursuant to adjournment. Present as before.
credible witnesses, examined under oath, acknowledges the execution of a deed of emancipation to his
mulatto boy slave
inches in height.
On account.
Now comes the plaintiff, by her attorney, but the defendant still
makes default, and this cause is submitted to the Court and the Court,
after due consideration thereof doth assess the plaintiffs damages at
the sum of one hundred and ninety four dollars and eighty cents. It
is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid as
assessed and her costs herein expended and have execution therefore.
On account.
Now comes the plaintiff, by his attorney, but the defendant still make default
and no Jury being required this cause to submitted to the Court for assessment
of damages and the Court, form the proofs, doth assess the plaintiffs damages
at the sum of one hundred and ninety four dollars and seventy five cents. It is
therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid as
assessed and also his costs herein expended and have execution therefore.
On account.
Now comes the plaintiff, by his attorney, but the defendant, still makes default; and
no Jury being required the Court, form the proofs, doth assess the plaintiffs damages
at the sum of two hundred and thirteen dollars and eight cents. It is therefore considered
by the Court that the plaintiff recover of the defendant the damages aforesaid as assessed and also his
costs herein expended and have execution therefore.
On Notes and account.
Now comes the plaintiff, by attorney, but the defendant still makes
default, and no Jury being required, the Court, form the proofs, doth assess the plaintiffs damages
at the sum of seven hundred and eighty seven dollars and sixty one cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendant the damages aforesaid as as
ssessed and also his costs herein expended and have execution therefore.
On motion of plaintiffs a dedimus is awarded them to Illinois.
The plaintiff files a bond for costs with
is approved.
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although duly called
till makes default; and the Court proceeds to hear the proof and having duly.
heard and considered the same and being satisfied there from that the plaintiff
is a person of good moral character and an innocent and injured party, it doth order adjudge and decree
that the plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with the
defendant and be restored to all the rights and privileges of an unmarried person and that she have the
care custody and control of the child
is also ordered that her maiden name of
and taken as her only true and lawful name, and that she pay the costs of this suit.
Now comes the defendant, by its attorney and files an answer herein.
On account.
Now come the plaintiffs, by their attorney, but the defendant still makes
default, and no Jury being required the Court from the proofs, doth
assess the plaintiffs damages at the sum of two hundred and ninety
four dollars and fifty cents. It is therefore considered by the Court
that the plaintiffs recover of the defendant the damages aforesaid as assessed and also their costs herein
expended and have execution therefore.
On Account.
Now come the plaintiffs, by their attorney, but the defen
dants still make default, and no Jurry being required this
cause is submitted to the Court for assessment of damages
and the Court being fully advised of and concerning the
premises doth asses the plaintiffs damages at the sum of
sixteen hundred and five dollars. It is therefore consid
ered by the Court that the plaintiffs recover of the defen
dants the damages aforesaid as assessed and also their
costs and charges herein expended and have execution therefore.
On account.
Now come the plaintiffs, by their attorney, but the defendants still make
default, and the plaintiffs submit the assessment of their damages to the
Court and the Court, after hearing the proofs, doth assess the plaintiffs
damages at the sum of two hundred forty dollars and sixty
five cents. It is therefore considered by the Court that the plaintiffs
recover of the defendants the damages aforesaid in form aforesaid as assessed and also
their costs in this behalf expended and have execution therefore.
Order for Delivery, The plaintiff comes and files a petition and affidavit, according to law,
claiming the possession of certain personal property therein described; where
fore it is ordered that the defendants deliver the property specified in said
affidavit to the Sheriff of St Louis Country an said Sheriff is hereby direc
ted if said property be not delivered to him to take it from the defendants and delver it to the plaintiff
Depositions for defendant opened and filed.
Continued.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed
and that the defendant pay all the costs herein not already paid.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause
be dismissed at their costs and that execution issue therefore.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that the
said garnishees be discharged at his costs and that execution issue
therefor.
Remittitur.
Now comes the plaintiff, by his attorney, and remits to the defendants
the sum of sixty one dollars part and parcel of the judgment rendered
herein: and the defendants motion for a new trial herein being heard
and fully considered by the Court is overruled.
On notes and account.
Now comes the plaintiff, by his attorney, but the defendants, although called,
still make default, and the plaintiff waiving a Jury submits this cause
to the Court and the Court, having duly heard and considered the same,
doth assess the plaintiffs damages at the sum of five thousand six
hundred and eighty two dollars and nine cents. It is therefore consid
ered by the Court that the plaintiff recover for the defendants the damages aforesaid as assessed
and his costs herein expended and have execution therefore.
Dismissal.
On motion of plaintiff, by attorney, it is ordered that the said
garnishee be discharged at his costs and that execution issue
therefore.
Dismissal.
On motion of plaintiffs, by attorney, it is ordered that the said garnishee
be discharged at plaintiffs costs and that execution issue therefore.
Dismissal.
On motion of the plaintiff, by attorney, it is ordered that this cause be dis
missed at his costs and that execution issue therefore.
On plea in Abatement.
Now come the parties, by their respective attorneys, and also come a Jury,
to wit:
upon the plea in abatement the trial progresses and being finished the Jurors aforesaid upon their
oaths aforesaid find the issue herein joined in favor of the plaintiffs. It is therefore considered by the Court
that the defendants at the date of the commencement of this suit had fraudulently conveyed or assigned
their property or effects so as to hinder or delay their creditors.
answer of
Continued.
Continued.
Continued.
Continued by consent.
Continued as on affidavit at plaintiffs costs for absence of
Depositions of plaintiffs opened and filed.
thousand dollars, conditional according to law, with himself as principal,
W Rice
Court met pursuant to adjournment.
Present as before.
now come said
and the said
waived this cause is submitted to the Court and the plaintiffs proofs
being heard the Court finds that there is due from said
and seventy six cents and interest thereon from
making together the sum of sum of Eleven thousand nine hundred and eighty six dollars and sixty two cents:
and it is ordered that said assignee pay to plaintiffs out of said estate an equal prorate share
upon the sum last named with the other allowed debts of said estate.
Now come said
but the said
required this cause is submitted to the Court upon the proofs and
the Court finds there from that there is due from said
assignee pay to plaintiffs out of said estate an equal pro rate share upon the debt aforesaid as found
with the other allowed debts of said estate.
Now come said
but the said
required this cause is submitted to the Court and the Court having duly heard
and considered the same finds that there is due from said
seventy eight dollars and eighteen cents: and it is ordered that said
assignee pay to plaintiffs out of said assigned estate an equal prorate share upon the debt aforesaid as
found with the other allowed debts of said estate.
Now come said
but the said
being required this cause is submitted to the Court and the Court
having duly heard and considered the same finds that there is du
ly from said
thousand four hundred and seventy three dollars and four cents;
and it is ordered that said assignee pay to plaintiffs out of said assigned estate an equal prorate
share upon the debt aforesaid with the other allowed debts of said estate.
Now come said
but the said
required this cause is submitted to the Court and the Court, after
due consideration thereof, finds that there is due from said
and
dred and eighty six dollars and sixty nine cents: and it is ordered that said assignee pay to plaintiffs out of said
assigned estate an equal pro rata share upon the debt aforesaid with the other allowed debts of said estate.
Now come the said
attorney, but the said
no Jury being required this cause is submitted to the Court
and the Court, after due consideration thereof, finds that there
is due from said
the sum of four thousand one hundred and forty six
dollar and nineteen cents: and it is ordered that said assignee pay to plaintiffs out of said estate
an equal pro rata share up to the debt aforesaid with the other allowed debts of said estate.
On account.
Now come the plaintiffs, by their attorney, bad dismiss this suit as to the
defendant,
default, and the plaintiffs waiving a Jury submit this cause to the Court and
the Court after hearing the proofs doth assess the plaintiffs damage at the sum
of five hundred and eighty seven dollars and fifty two cents. It is therefore
considered by the Court that the plaintiffs recover of the defendant the damages aforesaid as assessed and
also their costs herein expended and have execution therefor.
Complaint.
Now come the plaintiffs, by their attorney, but the defendants still makes
default, and no Jury being required this cause is submitted to the Court
for assessment of damages and the Court after hearing the proof doth
assess the plaintiffs damages at the sum of one hundred and fifty six dollars
and twenty cents. It is therefore considered by the Court that the plaintiffs recover of
damages aforesaid as assessed and their costs herein expended and have execution therefor.
On account.
Now come the plaintiffs, by their attorney, but the defendants still makes
default, and no Jury being required the assessment of damages is submitted
to the Court and the Court after hearing the evidence doth assess the plaintiffs
damages a the sum of one hundred and ninety nine dollars and seventy five
cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages
aforesaid as assessed and their costs herein expended and have thereof execution.
On note.
Now come the plaintiffs, by their attorney, but he defendants although
duly called come not nor have they pleaded further herein, leaving this
action undefended, wherefore on motion of the plaintiffs the petition
herein is taken against said defendants as confessed; and the Court
finds that the defendants are indebted to the plaintiffs in the sum of
eleven hundred and ninety nine dollars and eighty one cents on account of the note on which
this action is founded. It is therefore considered by the Court that the plaintiffs recover of the
defendants the debt aforesaid as found and their costs herein expended and have execution therefore
and it is ordered that this judgment bear interest at ten Percent per annum from this date.
Motion for
ne trial filed.
Motion for a new
trial filed.
Complaint.
Now comes the plaintiff, by his attorney, but the defendant still makes
default and no Jury being required the Court form the proofs doth
assess the plaintiffs damages at the sum of one hundred and twenty five
dollars and ninety five cents. It is therefore considered by the Court that the plaintiff recover of
for the release of the defendant, the damages aforesaid in from aforesaid as assessed and also his costs
herein expended and have execution therefor.
Decree of Divorce.
Now comes the plaintiff, by her attorney, but he defendant, although duly called still makes
default; and the Court proceeds to hear the proof and having duly heard and considered the
same and being satisfied therefrom that the plaintiff is a person of good moral character and
an innocent and injured party, it doth order adjudge and decree that the plaintiff be absolutely and forever di
vorced from the bonds of matrimony by her contracted with the defendant and be restored to all the nights
and privileges of an unmarried person; and the Court being satisfied that the defendant from his habits
and cause of life is an unsuitable person to have the custody and control of he infant children,
the plaintiff have the care custody and control of the infant children aforesaid, and that the said defendant
be restrained and enjoined from interfering with the plaintiff in that behalf; and it is also ordered that the
said plaintiff pay the costs of this suit.
Default.
Now come the parties, by their respective attorneys, and the defendants withdraw
their plea in abatement leaving this suit undefended, wherefore on motion of
plaintiffs the petition herein is taken against said defendants as confessed.
Default.
Now come the parties, by their attorneys, and the defendants withdraw their plea
in abatement leaving this suit undefended, wherefore on motion of plaintiffs, the
petition herein is taken against said defendants as confessed.
Depositions for plaintiffs opened and filed.
Depositions for plaintiffs opened and filed.
The motion for Security for costs is, after due consideration by the Court,
sustained, Until the fourteenth is given plaintiff to file security.
On motion a dedimus is awarded defendant to Illinois.
On motion of said
ordered that they be discharged at plaintiffs costs and that exe
cution issue therefor. The sum of ten dollars is allowed them for answering.
Proof of Publication. Default.
Now comes the plaintiff, by his attorney, and files proof satisfactory to
the Court that the order of publication made herein has been duly published
according to law; but the defendant although duly warned and called,
comes not but makes default wherefore, on motion of plaintiff, it is ordered by the Court that
the petition herein be taken against said defendant as confessed, Cause Continued.
By leave of Court first had and obtained, plaintiffs amend their
petition herein by inter lining the words, thirty eighty (38), two, six hun
dred, seventy six, and figures (126 7618/100), and the words forty
ninety four and eighty in specifying the amount of damages or com
pensation for excavating the indurated earth and gravel, in the place of the sums now claimed and
inserted in the said petition; and this cause is continued.
Petition.
Now come the parties, by their respective attorneys, and
also come a Jury, to wit;
Williams
Deno
who being duly elected trial and sworn the issues herein
jointed well and truly to try the trial progresses and the plaintiff dismisses this suit as to the defen
dant
say they find for the defendants. It is therefore considered C by the Court that the plaintiff take nothing
by his suit in this behalf but that the defendant go hence without day and recover of said plaintiff their costs and charges herein expended and have execution therefor.
Deposition for plaintiff opened and filed.
amended answer filed.
the Court being now thereof informed, and deeply regretting his death, it is therefore, Ordered that
this Court do now, as a tribute of respect for the many verities and for the memory and the official
capacity of the said deceased, adjourn until Monday morning next at ten o'clock.
Court met pursuant to adjournment. Present, Hon
uel M Breckinridge
liniere
Which appointment is approved by the Court and the Pennington takes the oath required by law.
approved by the Court, and the said
ment is approved by the Court, and the said
Order for Delivery.
The plaintiff files a petition and affidavit claiming the possession of certain
personal property therein described; wherefore it is ordered that defendant
deliver the property specified in said affidavit to the
County and said Coroner is hereby directed if said property be not delivered to him to take inform the
defendant and deliver it to the plaintiff.
Now comes the plaintiff and suggests to the Court that the said defendant has de
parted this life since the commencement of this suit, which is not denied, and
this cause is continued.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
this cause be dismissed at his costs and that execution issue therefor.
On account.
Now comes the plaintiffs, by this attorney, but he defendant still makes default,
and the plaintiffs submit the assessment of damages to the Court and the Court
having duly heard and considered the proof doth assess the plaintiffs damages
at the sum of three hundred and sixty two dollars and eighty five cents. It is there
fore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid as assessed
and their costs herein expended and have execution therefor.
On account.
Now comes the plaintiff, by his attorney, but the defendant still makes default,
and the plaintiff submits the assessment of damages to the Court and the Court
after due consideration of the evidence doth assess the plaintiffs damages at the sum
of one hundred and fifty six dollars and seventy nine cents. It is therefore considered by the Court that the
plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also his costs
herein expended and have execution therefor.
Continued.
Abstract of issues filed.
Petition for
Injunction filed.
On motion.
Now comes the plaintiff, by his attorney, but he defendant still makes default,
and the plaintiff submits the assessment of damages to the Court and the Court, having
duly heard and considered the proof, doth assess the plaintiffs damages at the sum
of one hundred and twenty six dollar and forty eight cents. It is therefore consid
ered by the Court that the plaintiff recover of the defendants the damages aforesaid as assessed and his costs herein expended and have execution therefor.
On account.
Now come the plaintiffs, by their attorney, but the defendant still makes default,
and the plaintiffs submit the assessment of damages to the Court and the Court
having duly heard and considered the evidence, doth assess the plaintiffs damages
at the sum of five hundred and sixty four dollars and seventy eight cents. It is
therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid as assessed
and also their costs herein expended and have execution therefor.
On account.
Now come the plaintiffs, by their attorney, but the defendants, although duly
called come not, and the plaintiffs submit the assessment of damages to the
Court and the Court having duly heard and considered the evidence doth assess
the plaintiffs damages at the sum of three hundred and eleven dollars. It is there
fore considered by the Court the plaintiffs recover of the defendants the damages
aforesaid as assessed and also their costs herein expended and have execution therefor.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed
at plaintiffs costs and that execution issues therefor: defendants waive all
claim for damages arising out of this suit.
Garnishment.
Now come the plaintiffs, by their attorney, but said garnishee still makes
default, and the plaintiffs submit this cause to the Court and the Court having
duly heard and considered the same doth find that said garnishee at the time
he was summoned herein as such was indebted to said
the sum of two hundred dollars. It is therefore considered by the Court that
the plaintiffs recover of the said garnishee the debt aforesaid as found
and have execution therefor; and that out of said sum they pay the costs of this proceeding.
Complaint.
Now come the plaintiffs, by their attorney, but he defendant still makes
default, and the plaintiffs submit the assessment of damages to the Court
and the Court having duly heard and considered the proof doth assess the plaintiffs damages at the sum of one hundred and sixty two dollars and
ninety cents. It is therefore considered by the Court that the plaintiffs recover of
principal, and
said as assessed and also their costs herein expended and have execution therefor.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be
dismissed at their costs and that execution issue therefor.
Dismissal.
On motion of plaintiff, by attorney, it is ordered that this cause be dismissed at his costs
and that execution issue therefor. Plaintiff, by leave of Court, withdraws the notes sued on.
Dismissal.
On motion of plaintiff, by attorney, it is ordered that this cause be dismissed at his costs and
that execution issue therefor. Plaintiff, by leave of Court, withdraws the notes sued on.
On motion of plaintiff, by attorney, it is ordered that a pluries summons
issue for
On motion of plaintiff, by attorney, it is ordered that a pluries summons issue
for
On motion of plaintiff, by attorney, it is ordered that a pluries summons
issue for
On motion of plaintiff, by attorney, it is ordered that a pluries summons
issue for
On motion of plaintiff, by attorney, it is ordered that a pluries summons
issue herein for
On account.
Now comes the plaintiff, by attorney, but the defendant still makes default, and
the plaintiff submit the assessment of damages tot the Court, and the Court having
heard and considered the evidence doth assess the plaintiffs damages at the sum
of three hundred and forty nine dollars and eighty six cents. It is therefore considered by the Court that
the plaintiff recover of the defendant the damages aforesaid as assessed and his costs herein expended
and have execution therefor.
Proof Publication.
The plaintiff, by attorney, assesses and files proof satisfactory to the Court that
the order of publication made herein has been published according to law.
On motion and account.
Now come the plaintiffs, by their attorney, but the defendants still make
default, and the plaintiffs submit the assessment of damages herein to the
Court and the Court having duly heard and considered the proof, doth
assess the plaintiffs damages at the sum of five hundred and twenty two
dollar and forty four cents. It is therefore considered by the Court that
the plaintiffs recover of the defendants the damages aforesaid as assessed and also their costs herein ex
pended and have execution therefor.
Continued by order of Court at plaintiffs costs.
On account.
Now come the plaintiffs, by their attorney, but he defendants still make
default, and the plaintiffs submit the assessment of damages herein to the
Court and the Court having duly heard and considered the proof doth assess
the plaintiffs damages at the sum of one hundred and seventy three dollars
and eighty one cents. It is therefore considered by the Court that the plaintiff
recover of the defendants the damages aforesaid as assessed and also their costs in this behalf expended
and have execution therefor.
On account.
Now come the plaintiffs, by their attorney, but he defendants still
make default, and the plaintiffs submit the assessment of damages
herein to the Court and the Court, after hearing the proof, doth
asses the plaintiffs damages at the sum of one hundred and twenty
one dollars and forty seven cents. It is therefore considered by
the Court that the plaintiff recover of the defendants the damages
aforesaid as assessed and also their costs in this behalf expended and have execution therefor.
Petition.
Now come the plaintiffs, by their attorney, and dismiss this suit as to
assessment of there damages to the Court and the Court after hearing
the proof dot asses the plaintiffs damages at the sum of one hundred and seventy seven dollar and eighty
five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages
aforesaid as assessed and their costs herein expended and have execution therefor.
Dismissal.
The plaintiff having failed to file security for costs herein within the time required
him so to do, therefore on motion of the defendant, by his attorney, it is ordered that
this cause be dismissed at plaintiffs costs and that execution issue therefor.
Motion to strike out plea in abatement and for judgment filed.
Motion to suppress deposition filed.
Motion to suppress deposition filed.
Decree of Divorce.
Now comes the plaintiff, by his attorney, but he defendant still makes default, and the
Court proceeds to hear the proof and having duly heard and considered the same and
being satisfied there from that the plaintiff is a person of good moral character and an
innocent and injured party, it doth order adjudge and decree that said plaintiff be absolutely and
forever divorced from the bonds of matrimony by him contracted with said defendant and be restored
to all the nights and privileges of an unmarried person; and it is also ordered that the plaintiff pay the
costs of this suit.
Court met pursuant to adjournment. Present as before.
Deposition for defendant opened and filed. The defendant refilled the depo
sitions which were withdraw for the purpose of amendment.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be
dismissed at their costs and that execution issue therefor. The plaintiffs by
leave of Court withdraw the note sued on and file a copy thereof.
On motion of plaintiff, by attorney, it is ordered that an alias summons issue
herein.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed
at plaintiffs costs and that execution issue therefor.
Continued by consent.
Continued by consent.
Continued.
Continued.
Continued.
Continued.
Continued by consent.
On account.
Now come the plaintiffs, by their attorney, but he defendant still makes
default, and the plaintiffs waiving a Jury submit the assessment of damages
herein to the Court and the Court having duly heard and considered the
and ninety five dollar and sixteen cents. It is therefore considered by the Court that the plaintiffs
recover of the defendant the damages aforesaid in form aforesaid as assessed and also their costs
herein expended and have execution therefor.
On Judgment.
Now come the parties, by their respective attorneys, and agree that judg
ment may be rendered herein in favor of the plaintiffs for the sum of one
cent, debt, and for the costs. It is therefore considered by the Court that the
plaintiffs recover of the defendant the debt aforesaid as agreed upon and also
their herein expended and have thereof execution.
Dismissal.
On motion of the plaintiff, by attorney, it is ordered by the Court that this cause be
dismissed at plaintiffs costs and that execution issue therefor.
On account.
Now come the parties, by their respective attorneys, and agree that judgment may
be rendered herein in favor of the plaintiff for the sum of two hundred and nine
dollars and costs. It is therefore conserved by the Court that the plaintiff recover of
defendant, the damages aforesaid as agreed upon and also his costs herein expended and have execution therefor.
On Bill of Exchange.
Now come the parties, by their respective attorneys, and consent and
agree that judgment may be rendered herein in favor of the plaintiffs
for the sum of five hundred and forty three dollars and seventy two
cents. It is therefore considered by the Court that the plaintiff recover
of the defendants the debt aforesaid as agreed upon an its costs herein expended and have execution therefor.
Continue as on affidavit at defendants costs.
Continue on affidavit at defendants costs.
Now come the defendants, by their attorney, and the plaintiff having failed to reply
to the defendants counter claim within the time required by law so to do, therefore on mo
tion of the defendants, it is ordered by the Court that the said counter claim be taken against
said plaintiff as confessed.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the duly verified
statement of the defendants confessing themselves indebted to the
plaintiffs in the sum of thirty four hundred and ninety nine dol
lars and forty cents and authorizing the entering up of judgment
against them in favor of the plaintiffs for that amount. It is therefore considered by the Court that the
plaintiffs recover of the defendants the debt aforesaid as confessed and also their costs herein expended
and have execution therefor.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the duly veri
fied statement of the defendants confessing themselves indebted to
the plaintiffs in the sum of seven hundred dollars and author
izing the entering up of judgment against them in favor of the plaintiffs for that amount. It is there
fore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed
and also their costs herein expended
and have execution therefor.
On account.
Now comes the plaintiff, by his attorney, but the defendants still makes default,
and the plaintiff submits the assessment of damage herein to the Court and the
Court having duly heard and considered the proof doth asses the plaintiffs dam
ages at the sum of one hundred and twelve dollars and fifty cents. It is there
fore considered by the Court that the plaintiff recover of the defendants the damages aforesaid as assessed and also his costs herein expended and have execution therefor.
On Plea in Abatement.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
Kuhne
man
good and lawful men who being duly elected tried and sworn the matters in controversy upon the plea
in abatement herein well and truly to try the trial progresses and being finished the Jurors aforesaid
upon their oaths aforesaid say they find for the plaintiff. It is therefore considered by the Court that the
defendant, at the date of the commencement of this suit, was a non resident of this State.
by him as such Marshall in favor of
and property of
of St Louis State of Missouri, to wit; a certain lot of ground with the improvements thereon lying in
addition to the City of St Louis, beginning at t permit in the Southern
corner of Block 3 of said addition running thence Westwardly with the south line of said avenue
seventy eights Feet, more or less, to a point forty Feet East of the north West corner of said Block
thence running Southwardly and parallel to Rosatti street ninety five feet seven inches, more or
less, to the north line of lot 5 of said
lot seventy five feet to an alley; thence running Northwardly along the Western
hundred and sixteen feet and three and half inches to the place of beginning; Sold by virtue of an
execution issued from the office of the Clerk of the St Louis Law Commissioners Court dated the
day of October A D, 1859
Motion for judgment filed.
Agreement filed.
Amended petition filed by consent off parties. Motion to strike
out amended petition filed.
Motion and affidavit to set aside judgment by default filed.
Motion for judgment on answer filed.
On account.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
elected tried and sworn the issues herein joined well and truly to try the trial progresses and being fin
ished the Jurors aforesaid upon their oaths aforesaid say they find for the defendant. It is therefore considered by the Court that the plaintiffs take nothing by their suit in this behalf but that the defen
dant do hence without day and recover of the plaintiffs his cost herein expended and have execution therefor.
The defendants motion to set aside the default herein, being heard and fully consid
ered by the Court, is overruled.
Motion to suppress depositions filed.
On account.
Now come the plaintiffs, by their attorney, but the defendant still makes
default, and the plaintiffs submit the assessment of damages herein to the
Court and the Court after Leaning the proof doth assess the plaintiffs dam
ages at the sum of seventy two dollars and ten cents. It is therefore considered
by the Court that the plaintiffs recover of the defendant the damages aforesaid inform aforesaid as
assessed and also their costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
Report of Commissioners confirmed. Order of Sale.
Now come the plaintiffs, by their attorney, and, on their motion, and no cause
being shown to the contrary, it is ordered by the Court that the report of
the commissioners herein be confirmed; and it appearing to the Court that par
tition in kind of the real estate described in petition and judgment cannot be made without great
prejudice to the owners thereof, it is therefore ordered that the Sheriff of St Louis County proceed to sell
said real estate, at public auction, to the highest bidder, upon the following terms, to wit; one third of the
purchase money to be paid in cash and the balance in two equal payments of one and two year with
interest at the rate of six per cent per annum.
Confession of Judgment.
Now comes the plaintiff, by his attorney, and files an affidavit, and also comes
N Sterling
attorney duly executed by the defendant, and by virtue of the power therein conferred,
in the name and behalf of the defendant, waives the issue and service of process and acknowledges that
the defendant is indebted to the plaintiff in the sum of two hundred and fifty five dollars and au
theorizes the entering up of judgment in favor of plaintiff and against said defendant for that amount.
It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as con
fessed and also his costs herein expended and have execution therefor; and it is ordered by the Court
that this judgment bear interest at ten per cent per annum form this date until paid.
Dismissal.
On motion of the said garnishees, by their attorney, it is ordered
by the Court that they be discharged hence at plaintiffs costs and
that execution issue therefor. The sum of ten dollars is allowed each of said garnishees for answering herein to be taxed as costs.
On motion of the defendants, by attorney, a dedimus is awarded them
to the State of Ohio.
On motion of plaintiff, by her attorney, a dedimus is awarded her to Illinois.
The plaintiff files a motion to strike out the answer herein, and by leave of Court
defendant amends his answer by adding thereto the name of his attorney, and
this cause is continue at plaintiffs costs as on affidavit; and the motion to strike the answer is overruled.
Continued as on affidavit at defendant costs.
Continued on affidavit at defendants costs.
Petition.
Now come the parties, by their respective attorney, and also come a Jury, to wit;
Birks
twelve good and lawful men who being duly elected trial and sworn the issues herein joined well and
truly to try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say
they find for the plaintiff in the sum of one hundred and thirty dollars and twenty cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form
aforesaid as assessed and his costs herein expended and have execution therefor.
Replevin.
Now come the parties, by their respective attorneys, and on motion of plaintiff, it is
ordered by the Court that the interlocutory judgment on the counter claim rendered
herein on yesterday be set aside and vacated; thereupon come a Jury, towit;
Brown
consent of parties, duly elected tried an sworn the issues herein joined well and truly to try the trial progresses
but not being finished is laid over until to morrow.
The plaintiffs motion for a new trial herein being heard and fully considered by
the Court it is ordered that the said motion be overruled. During the present
term of this Court is given the plaintiffs to file a bill of exceptions herein.
Deposition for plaintiff opened and filed.
Motion to strike out plea in abatement filed.
County to fill the vacancy occasioned by the death of
ty, and Files his bond in the sum of fifty thousand dollars, conditioned according to law, with himself
as principal, and
Alexander
appointment is approved by the Court and the said martin takes the oath required by law.
appointment is approved by the Court and the said
appointment is approved by the Court and the said
appointment is approved by the Court and the said
appointment is approved by the Court and the said
appointment is approved by the Court and the said
ment is approved by the Court and the said
ment is approved by the Court and the said
appointment is approved by the Court and the said
Court met pursuant to adjournment. Present,
M Breckinridge
Sheriff of St Louis County.
appointment is approved by the Court and the said
Proof of partnership filed.
Certified claim filed.
Continued as on affidavit at defendants costs for absence of
witness.
Dismissal.
On motion of the plaintiff, by his attorneys, It is ordered that this cause be dismissed
at his costs and that execution issue therefor.
Dismissal.
On motion of the plaintiff, by his attorneys, It is ordered that this cause be dismissed
at his costs and that execution issue therefor.
On motion of plaintiff, by attorney, it is ordered that an alias summons issue herein.
Cause continued.
Continued.
Continued generally by consent.
Continued on affidavit of defendant
Dismissal.
On motion of the plaintiff, by his attorneys, It is ordered that this cause be dismissed at
plaintiffs costs and that execution issue therefor.
Dismissal.
On motion and by consent off Parties, it is ordered by the Court that this cause be dis
missed and that the plaintiff pay all costs not already paid and that execution issue
therefore; the plaintiff by leave of Court withdraws the note sued on.
The plaintiffs motion of strike out the plea in abatement herein being heard and
fully considered by the Court, it is ordered that said motion be sustained and
the said plea in abatement is accordingly stricken out; Leave is given the plaintiff
to file an amended petition herein within ten days; and until the first day of the next turn of this
Court is given the defendant to plead to the said action; and it is ordered by the Court that this
cause be continued at the plaintiffs costs.
On notes.
Now come the parties, by their respective attorneys, and come a Jury, to wit;
Hermann
Sharp Sidney Smith
and sworn the issues herein joined well and truly to try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the defendant. It is therefore
considered by the Court that the plaintiffs take nothing by their suite in this behalf but that the defendant
go hence without day and recover of the plaintiffs his herein expended and have thereof execution.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be
dismissal at plaintiffs costs and that execution issue therefor.
Continued on affidavit at plaintiffs costs.
Continued on affidavit at plaintiffs costs.
Continued on affidavit at plaintiffs costs.
Continued as on affidavit at plaintiffs costs fir absence of
Continued on affidavit at plaintiffs costs.
Continued.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the duly verified statement
of the defendant confessing himself indebted to the plaintiffs in the sum of
seven hundred dollars and fifty cents and authorizing the entering up of
judgment against him in favor of the plaintiffs for that amount. It is there
fore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form
aforesaid as confessed and also their costs herein expended and have execution therefore, and it is or
dered by the Court that this judgment bear interest at ten per cent annum from this date.
On note.
Now come the parties, by their respective attorneys, and waiving a Jury submit
this cause to the Court and the Court having duly heard and considered the
same doth find the issues herein joined in favor of the defendant. It is therefore
considered by the Court that the plaintiff recover of the defendant that king by his suit in this
behalf but that the defendant go hence without day and recover of said plaintiff his costs and
charges herein expended and have thereof execution.
Decree of Divorce.
Now come the parties, by their respective attorneys, and file an agreement herein
and the plaintiff withdraws from the petition all allegations of a dultery come
mitted by the defendant, and the Court proceeds to hear the proof and
having duly heard and considered the same and being satisfied therefrom that the plaintiff is a person
of good moral character and an innocent and injured party, it doth order adjudge and decree that
the plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with the
defendant and be restored to all the nights and privileges of an unmarried person and that she have
the care custody and control of the infant children
free from molestation by the defendant; and in accordance with the aforesaid agreement the Court doth
allow the plaintiff as alimony, the sum of fifteen hundred dollars per year, commencing on the first
day of January, eighteen hundred and sixty, payable quarterly, for the support of said plaintiff and
the children aforesaid; and it is also ordered that the defendant pay the costs of this suit and that
execution issue therefor.
Petition.
Now come the parties, by their attorneys, and the defendants
lin H McChing
to this action and by leave of Court join in the answer filed herein,
and the plaintiffs file an affidavit and more the Court for a
continuance of this cause and the Court being fully advised in
the premises doth overrule said motion; thereupon come a Jury, to wit;
O Malley
sworn the issues herein joined well and truly to try the trial progresses and being finished the Jurors aforesaid
upon their oaths aforesaid say they find for the plaintiffs in the sum of one hundred and thirty six dollars
and seventy five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the
damages aforesaid as assessed and also their costs herein expended and have execution therefor.
Motion for a new trial filed.
Abstract of issue filed.
Mistrial.
Now come again the parties, by their respective attorneys, and also the Jurors empanneled
and sworn herein, and the trial progresses and the defendants withdraw their counter
claim herein and the trial being finished, the Jurors aforesaid, after due consideration
of the premises, upon their oaths say they are unable to agree upon a verdict; wherefore
it is ordered by the Court that the Jurors be discharged from the further consideration of this cause and that
this cause be continued to the next term of this Court.
Agreed case filed.
Continued.
which appointment is approved by the Court and the said
Court met pursuant to adjournment. Present as before.
Depositions for plaintiffs opened and filed.
Dismissal.
On motion of the defendants, and the plaintiff having failed to file a bond for costs within
the time allowed by the Court for him so to do, it is ordered by the Court that this
cause be dismissed at plaintiffs costs and that execution issue therefor.
Now comes the plaintiff, by his attorney, and suggests to the Court the death of the
defendant since the commencement of this suit; which is not denied: cause continued.
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant still makes default
and the Court proceeds to hear the proof herein and having duly heard and
considered the same and being satisfied therefrom that the plaintiff is a person
of good mural character and an innocent and injured party, it doth order adjudge and decree that the
plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with the defen
dant and be restored to all the nights and privileges of an unmarried person; and it is also ordered that
the plaintiff pay the costs of this suit.
Order to pay over money.
On motion of the plaintiffs, by their attorney,
it is ordered by the Court that
late Sheriff of St Louis County pay to the plain
tiffs in the above entitled causes the sum of
five hundred and twenty dollars and forty
nine cents being the balance of proceeds of sale of property attached after deducting expenses.
Order to pay over money.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that
of seven hundred and thirty nine dollars and ninety three cents, being the bal
ance of proceeds of sale of property attached after deducting expenses.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the
entry made in this cause on Wednesday, the eleventh instant,
Commissioners Report and ordering the Sheriff to sell the property described
in the petition and judgment, be set aside and vacated.
Now comes the plaintiff, by his attorney, and files an affidavit and moves the Count
for a continuance of this cause and the Court after due consideration of the
premises, doth overrule the said motion.
Depositions for plaintiffs delivered by notary and filed.
On motion of plaintiffs, by attorney, it is ordered that an alias summons issue
herein returnable to the next term of this Court.
Abstract of issues filed.
Abstract of issues filed.
Order of Sale.
files a statement, from which it appears that the keeping of the prop
erty attached under the writ herein will be attended with great loss
and expense before the probable termination of this suit; it is therefore
ordered that the said Sheriff sell said property according to law, and that he make a report of his
proceedings under this order on or before the first day of the next term of this Court.
Non Suit.
Now comes the plaintiff, by his attorney, and says he will not further prosecute
his suit in this behalf but voluntarily takes a non Suit. It is therefor considered
by the Court that the plaintiff take nothing by his suit in this behalf but that
the defendants go hence without day and recover of the plaintiff their costs herein
expended and have execution therefor.
Report of Commissioners confirmed.
Order of Sale.
Now come the plaintiffs, by their attorney, and on their motion
and no cause being shown to the contrary, it is ordered by the
Court that the Report of the Commissioners here to fore filed
herein be confirmed: and the Court being satisfied that the
said Commissioners Report is just and correct and that par
tition in kind of the real estate described in the petition and
judgment herein cannot be made without great prejudice to
the owners thereof; It is therefore ordered by the Court that
the Sheriff of St Louis County sell said real estate at public
a action, to the highest bidder, upon the following terms, to wit; one third of the purchase money to be
paid in cash and the balance in two equal payments of one and two years with interest at the rate of
six percent per annum.
Decree of Divorce.
Now comes the plaintiff, by his attorney, but the defendant still makes default
and the Court proceeds to hear the proof herein and having duly heard and
considered the same doth find that the plaintiff is a person of good moral
character and an innocent and injured part. It is therefore ordered adjudged and decreed that the
plaintiff be absolutely and forever divorced from the bonds of matrimony by him contracted with
said defendant and be restored to all the nights and privileges of an unmarried person; and it is also
ordered that the plaintiff pay the costs of this suit and that execution issue therefor.
appointment is approved by the Court and the said
Continued.
On motion of defendant by attorney the Court allows the said garnishee the sum
of ten dollars is allowed said garnishee for answering herein.
On note.
Now come the plaintiff and the defendant
Chicago Rail Road Company
dant
comes not but makes default, wherefore, on motion of the plain
tiff it is ordered that the petition be taken against said defendant
as confessed; and no Jury being required this cause is submitted to the Court upon the pleadings
and proofs and the Court, after due consideration thereof, doth find that the defendants are indebted
to the plaintiff in the sum of seven hundred and sixty four dollars and thirty cents, on account of
the instrument in writing on which this action is founded. It is therefore considered by the
Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs
herein expended and have execution therefor.
Motion to strike out part of answer filed.
Motion to strike out part of answer filed.
Replevin.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
Cortois
sworn the issues herein joined well and truly to try the trial progresses and being finished the Jurors
aforesaid upon their oaths aforesaid say they find for the defendant.
On Plea in Abatement.
Now come the parties, by their respective attorneys, and also come a Jury to wit;
Herter
lawful men, who being, by consent of parties, duly elected tried and sworn the
matters in controversy upon the plea in abatement herein well and truly to try the trial progresses but
not being finished further proceedings are laid over until Monday.
Court met pursuant to adjournment. Present as before.
Motion to set aside verdict filed.
Bill of Exceptions filed.
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to Illinois.
On motion of the garnishee, by his attorney twenty days are given him to file a re
ply to the denial of his answer.
On account.
Now comes the plaintiff, by his attorney, but the defendant still makes default, and no
Jury being required this cause is submitted to the Court for assessment of damages
and the Court, after hearing the proof doth assess the plaintiffs damages at the sum of
one hundred and sixteen dollars and sixty cents. It is therefore considered by the Court that the plaintiff recover
of the defendant the damages as assessed and his costs herein expended and have execution therefor.
Order for Delivery.
The plaintiff comes and files a petition and affidavit, according to law, claiming the
possession of certain personal property therein described; wherefore it is ordered that the
defendant deliver the property specified in said affidavit to the Corner of St Louise
County and said Coroner is hereby directed if said property be not delivered to him to take it from the defen
dant and deliver it to the plaintiff.
On account.
Now come the plaintiffs, by their attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore, on motion of plaintiffs,
the petition herein is taken against the defendant as confessed: and a Jury being
waived this cause is submitted to the Court for assessment of damages, and the
Court, after hearing the proof, doth assess the plaintiffs damages at the sum of one hundred and fifty dollars
and sixty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the dam
ages aforesaid as assessed and their costs herein expended and have execution therefor.
On account.
Now comes the plaintiff, by his attorney but the defendants, although duly
called come not but still make default; and the plaintiff waiving a
Jury submits the assessment of damages herein to the Court, and the
Court having duly heard and considered the evidence, doth assess the
plaintiffs damages at the sum of twenty three hundred and eight dol
lars and ninety three cents. It is therefore considered by the Court that the plaintiff recover of the defen
dants the damages aforesaid in form aforesaid as assessed and also his costs and charges in this behalf
expended and have execution therefor.
Now comes the attorney for the plaintiffs, and files an affidavit and sug
gests to the Court the death of the plaintiff
commencement of this suit, and also comes
of said
of Court, first obtained, the plaintiffs file an amended petition herein: cause continued.
On account.
Now come the plaintiffs, by their attorneys, but the defendants still make
default, and no Jury being required this cause is submitted to the Court for
assessment of damages, and the Court, after hearing the proofs, doth assess
the plaintiffs damages at the sum of three hundred and eighty two dollars
and sixty six cents. It is therefore considered by the Court that the plaintiffs
recover of the defendants the damages aforesaid as assessed and their costs herein expended and have execution therefor.
Continued as on affidavit of defendants; costs to abide result of suit.
pointment is approved by the Court and the said
The plaintiffs file a bond for costs with
and the Court doth thereupon overruled the motion to dismiss this suit; and by leave of Court,
the plaintiffs amend their petition by adding an affidavit thereto and also file the drafts
suedon in this action.
Changed of Venue.
The Judge of this court having been of counsel herein, it is ordered that this cause and
all further proceedings herein together with a certified copy of the record entries herein
be transferred to the St Louis Court of Common Pleas.
The motion to reinstate this cause for trial being heard and fully con
sidered by the Court is overruled.
The motion to strike out the answer of
of
Motion for a new trial filed. Motion in arrest of judgment filed.
Motion for a new trial filed.
appointment is approved by the Court, and the said
Depositions for defendant opened and filed.
Injunction.
Now come the parties, by their attorneys, and submit the plaintiffs
bill for an injunction to the Court and the Court having duly heard
and considered the same and being fully advised in the premises, doth
order that said bill for an injunction be refused and the bill be
dismissed at plaintiffs costs and that execution issue therefor. The plaintiffs file a motion to rein
state cause and grant injunction.
Court met pursuant to adjournment. Present as before.
Motion and affidavit to set aside default filed.
Depositions for plaintiff opened and filed.
Continued.
Motion and affidavit for a new trial.
Continued.
Order for Delivery.
The plaintiffs come and file a petition and affidavit, according to law;
claiming the possession of certain personal property therein described; wherefore
it is ordered that the defendants deliver the property specified in said affi
davit to the Coroner of St Louis County and said Coroner is hereby directed if
said property be not delivered to him to take it from the defendants and de
liver it to the plaintiffs.
On account.
Now come the plaintiffs, by their attorney, but the defendant, although called,
still makes default, and the plaintiffs waiving a Jury submit the assessment of
damages herein to the court, and the Court having duly heard and considered the
proof doth assess the plaintiffs damages at the sum of one hundred and thirty
five dollars and sixty six cents. It is therefore considered by the Court that the plaintiffs recover of the
P Morten
ssessed and also their costs herein expended and have execution therefor.
Depositions for plaintiffs opened and filed.
On motion of plaintiffs, by their attorney, it is ordered that an alias sum
mons issue herein to Greene County for the defendant,
returnable to the next term: cause continued.
Continued by consent at defendant costs.
Continued by consent at defendant costs.
Continued as on affidavit at plaintiffs costs.
Continued.
On motion of plaintiffs, by attorney, ten days are given him to file affidavits in support
of motion for new trial.
Continued as on affidavit at defendants costs.
On Plea in abatement.
Now come again the parties, by their respective attorneys, and also the Ju
rors empanneled and sworn herein, and the trial progresses and being finished
the Jurors aforesaid upon their oaths aforesaid say they find for the defen
dant. It is therefore considered by the Court that the defendant, at the Late
of the commencement of this suit, was not about to remove his property or effects out of this state with the
intent to defraud hinder and delay his creditors and that he was not about to remove out of this Gate
with the intent to change his domicil: wherefore it is ordered by the court that this cause be dis
missed at the plaintiffs costs and that execution issue therefor.
On motion of plaintiffs, by their attorney, it is ordered by the Court that an
alias Summons issue herein for
Replevin.
Now come the parties, by their respective attorneys, and consent and agree
that judgment may be rendered in favor of the plaintiffs and against the
defendant for possession of property and one cent damages and that the plain
tiffs pay all the costs herein except costs of defendants depositions. It is therefore
considered by the Court that the plaintiffs retain the possession of the personal property delivered to him
by the Sheriff and that they recover of the defendant the damages aforesaid as agreed upon and have execu
tion therefor; and that plaintiffs pay the costs of this suit except the costs of defendants depositions. The plain
tiffs acknowledge to have received full and entire satisfaction of the above judgment.
On motion of the plaintiffs by his attorney, it is ordered that an alias summons
issue herein.
Damages.
Now come the parties by their respective attorneys, and file an agreement and con
sent and agree that judgment may be rendered herein favor of the plaintiff and
against the defendant for the sum of one hundred dollars. It is therefore considered by
the Court that the plaintiff recover of the defendant the damages aforesaid as agreed upon and also his costs
herein expended and have execution therefor.
On note.
Now comes the plaintiff, by its attorney, and on its motion the order
for the issuing of an alias summons herein be set aside; but the de
fendants although duly summoned and called come not but make
default, wherefore the petition herein is taken against them as confessed; and the Court doth find that the
defendants are indebted to the plaintiff in the sum of three thousand six hundred and twenty four dollars and
ninety five cents on account of the instrument in writing on which this action is founded. It is therefore con
sidered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found
and also its costs herein expended and have execution therefor.
On note.
Now come the plaintiff, by its attorney, and on its motion the order
for the issuing of an alias summons herein be set aside and vacated;
but the defendants although duly summoned and called come not
but make default, wherefore the petition herein is taken against them as confessed; and the Court doth
find from the instrument in writing on which this action is founded that the defendants are indebted to the
plaintiff the sum of three thousand and eight dollars and thirty one cents. It is therefore considered by
the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found also its costs
herein expended and have execution therefor.
Order for Delivery.
The plaintiff files a petition and affidavit according to law, claiming the possession
of certain personal property therein described; wherefore it is ordered that the de
fendants deliver the property specified in said affidavit to the Sheriff of St Louis
County, and said Sheriff is hereby directed if said property be not delivered to him
to take it from the defendants and deliver it to the plaintiff.
Replevin.
Now come the parties, by their respective attorneys, and also come a Jury to wit;
wood
and
tried and sworn the issues herein joined well and truly to try the trial pro
gresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plain
tiffs and assess their damages at the sum of forty five dollars. It is therefore considered by the Court that
the plaintiffs retain the possession of the property of the property delivered to them by the Sheriff and that they recover
of the defendant the damages aforesaid as assessed and their costs herein expended and have execution therefor.
Motion to strike out plea in abatement filed.
On motion of the plaintiff, by his attorney, it is ordered that the continuance herein
be set aside and this suit be dismissed as to the defendant, a
ordered that this cause be set for trial at the foot of the docket.
The defendant withdraws his demurer herein and leave of Court files an answer.
Abstract of issues filed.
Continued by consent at defendants costs.
Court met pursuant to adjournment. Present as before.
Depositions for defendant opened and filed.
Exhibit A filed by plaintiff.
Continued.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at defendants costs and that execution issue therefor.
Dismissal.
The plaintiff having failed to file a bond for costs herein within the time allowed here
so to do, it is therefore, on motion of the defendants, by attorney, ordered that this cause
be dismissed at plaintiffs costs and that execution issue therefor.
On motion of the defendant, by his attorney, until the twenty third instant is given him to
answer herein.
Answer of
The demurrer of the defendant,
considered by the Court is overruled.
Dismissal.
By consent of parties, by their attorneys, it is ordered by the Court that
this cause be dismissed at defendants costs and the execution issue therefore.
The demurrer to the petition herein being heard and fully considered by the Court is
sustained.
On motion of the plaintiff, by attorney, it is ordered that a dedimus issue to Illi
nois in his behalf. Continued by consent.
On account.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
West
Covington
good and lawful men who being duly elected tried and sworn to enquire into and assess the plaintiffs dam
ages the trial progresses and by leave of Court plaintiff amends his account by verifying the same by affidavit
wherefore it is ordered by the Court that the interlocutory decree herein be aside and vacated; and on motion
of the defendant leave is given him to file an answer and counter claim, which are accordingly filed, thereupon
on motion of the plaintiff leave is given him to file an amended petition herein, and by consent of parties the
Jurors, empanelled and sworn herein, are discharged from the further consideration of this cause; and this cause
is continued until the next teem of this Court.
On account.
Now comes the plaintiff, by its attorney, but the defendant still makes
default, and the plaintiff submits the assessment of damages herein to
the Court and the Court, after heaving the proof, doth assess the plaintiffs
damages at the sum of four hundred and two dollars and five cents. It is therefore considered by the Court
that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also its
costs herein expended and have execution therefore.
On Bond.
Now come the parties, by their attorneys, and the Court, having duly heard and
considered the demurrer to the petition, doth overrule the same and the defendants
failing further to plead herein leaving this action undefended, therefore, on motion of
the plaintiff, the petition herein is taken against the said defendants as confessed; and
the plaintiff waiving a Jury submits the assessment of damages herein to the Court, and the Court having duly
heard and considered the proof doth assess the plaintiffs damages at the sum of twelve hundred and forty six
dollars and thirty three cents. it is therefore considered by the Court that the plaintiff recover of the defendants
the sum of twenty five hundred dollars, the penalty of the bond sued on, and also his costs and charges
in this behalf expended, and that he have execution against the defendants for the sum of twelve hundred
and forty six dollars and thirty three cents, the damages aforesaid in form aforesaid as assessed.
On bill of Exchange.
Now come the parties, by their respective attorneys, and waiv
ing a Jury submit this cause to the Court upon the pleadings
and proofs and the Court having duly heard and considered
the same doth find that the defendants are indebted to the plaintiffs in the sum of twenty seven hundred
dollars and thirty two cents: and the plaintiffs file an indemnity bond, conditioned according to law, in the
sum of five thousand five hundred dollars, which is approved by the Court. It is therefore considered
by the Court that the plaintiffs recover of the defendants the sum of twenty seven hundred dollars and thirty
two cents, the debt aforesaid as found and also their costs and charges herein expended and have execution therefore.
The demurrer to the third amended petition herein being heard and fully considered by
the Court, it is ordered that the said demurrer be and is hereby overruled.
amended answer filed by leave by Court.
Counter affidavit of plaintiff filed.
Dismissal.
On motion and by consent of parties, it is ordered that the cause be dismissed at plain
tiffs costs and that execution issue therefore. The plaintiff by leave of Court with
draws the note sued on.
Court met pursuant to adjournment. Present as before.
Now comes the attorney for the defendants and suggests to the Court the
death of the defendant,
this suit, which is not denied: and this cause is continued.
The motion for security for costs herein being heard and fully considered by the
Court it is ordered that the plaintiff file a bond for costs herein within ten days.
Continued as on affidavit at defendants costs for absence of
Motion for attachment filed.
Bill of Exceptions filed.
On note.
Now come the plaintiffs, by their attorney, and dismisses
this suit as to the defendant,
defendant
moned and called comes not but makes default, where
fore, on motion of the plaintiffs, it is ordered that the petition herein be taken against said defendant
as confessed: and the Court finds from the instrument in writing on which this action is founded that
the defendant is indebted to the plaintiffs in the sum of five hundred and eighty three dollars and
ten cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid
as found and their costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds from the instrument in wri
ting on which this action is founded that the defendant is indebted to the plain
tiffs in the sum of three hundred and ninety two dollars and forty cents. It is therefore considered by
the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs
herein expended and have execution therefore.
On note.
Now comes the plaintiffs, by its attorney, and dismisses this suit
as to the defendant
duly summoned and called, comes not, but makes default,
wherefore the petition herein is taken against him as confessed; and the Court finds from the instru
ment in writing on which this action is founded that the defendant is indebted to the plaintiff in the
sum of two hundred and twenty six dollars and eight cents. It is therefore considered by the Court that
the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and also its costs
herein expended and have execution therefore.
Now comes the defendant, by his attorney and waiving science of process files his ap
pearance and answer herein.
Continued as on affidavit at defendants costs for absence of
a witness.
Continued by consent.
Continued by consent.
agreement filed.
Continued by consent.
Now comes the plaintiff, by his attorney, and files and affidavit, and on his mo
tion, an appeal is allowed him to the Supreme Court from the decision herein
rendered, and he thereupon files an appeal bond with Francis O Sawyer agent
as principal, and
the Court.
On Bill of Exchange.
Now come the plaintiffs, by their attorney, and dismiss this
suit as to the defendants,
and
Johnson
cause to the Court, and the Court having duly heard and con
sidered the same doth find that the defendants
sum of Seventeen hundred and thirty three dollars and sixty four cents. It is therefore considered by the
Court that the plaintiffs recover of said defendants the debt aforesaid in form aforesaid as found and also
their costs herein expended and have execution therefor.
On note.
Now come the plaintiffs and the defendant,
attorneys, but the defendant
called comes not but makes default, wherefore the petition herein is taken
against him as confessed; and no Jury being required this cause is submitted
to the Court and the Court having duly heard and considered the same doth
find the issues herein joined between plaintiffs and defendant,
find that the defendants are indebted to the plaintiffs in the instrument in writing on which this action is founded. It is therefore con
sidered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as
found and also their costs herein expended and have execution therefore: and it is ordered that this judgment
bear interest at the rate of ten per cent per annum from this date until paid.
Now comes the defendant,
files her appearance and answer herein.
abstract of issues filed.
abstract of issues filed.
answer to amended petition filed.
Reply to counterclaim filed.
Petition.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
Charles L Kuhne
sworn the issues herein joined well and truly to try the trial progresses and being finished, the Jurors
aforesaid upon their oaths aforesaid say they find for the plaintiff for the sum of Six hundred and
fifty dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the
damages aforesaid in form aforesaid as assesses by the Jury and also his costs and charges in this
behalf expended and have execution therefore against the property attached and against all other property of the defendant.
Court met pursuant to adjournment. Present as before.
appointment is approved by the Court and the said
Order on Sheriff to execute and acknowledge deed.
Now comes the said
order on the Sheriff to execute and acknowledge deed to purchaser of real
estate in lien of the late Sheriff, and submits the same to the Court, and
the Court, being satisfied that the purchase money for said real estate has bun paid to the Sheriff,
doth order that
a deed to the said
C
of said addition containing a front of 30 feet on the north side of Soulard sheet by a depth of 140
feet more or less to Market Lane or Market Square, sold under and by virtue of two executions, one issued
from the office of the Clerk of the St Louis Court of Common Pleas being no 140
the other issued from the office of the clerk of the St Louis Circuit Court being no 258 returnable
to the
Now come the plaintiffs and the defendant,
by their respective attorneys, and on motion of the plaintiff it
is ordered that the continuance of this cause entered on yester
day be set aside and vacated; thereupon the plaintiffs dismiss this suit as to the defendant,
and this cause is continued as on affidavit at defendants for absence of
petition.
Now come the parties, by their respective attorneys, and waiving
a Jury submit this cause to the Court upon the pleadings and
proofs and the Court having duly heard and considered the
sum doth find the issues herein joined in favor of the defendant.
It is therefore considered by the Court that the plaintiffs take nothing by their suit in this behalf but that
the defendant go hence without day and recover of the plaintiffs his costs and charges in this behalf expended
and have execution therefore.
On Note.
Now come the plaintiff and defendant,
attorneys, but the defendant,
and called comes not but makes default, wherefore the petition herein is taken
against him as confessed: and no Jury being required this cause is submitted
to the Court upon the pleadings and proofs and the Court having duly heard and considered the same
cloth find the issues herein between the plaintiff and defendant,
Court doth find tht the defendant,
thirty two dollars and fifty cents on account of the instrument of writing on which this action is founded.
It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf against
the defendant,
tiff her costs herein expended and have execution therefor, and that the plaintiff recover of the defendant,
expended and have execution therefore.
Now come the plaintiffs, by their attorney, and suggest and show to the satis
faction of the Court that the defendant has departed this life since the com
mencement of this suit; and this cause is continued.
Deposition for plaintiffs opened and filed.
Motion for a new trial filed.
Continued by consent.
Dismissal.
On motion of plaintiff, by attorney, it is ordered that this cause be
dismissed at plaintiffs costs and that execution issue therefor.
Order for Delivery, The plaintiff files a petition and affidavit, according to law; claiming the possession
of certain personal property therein described; wherefore it is ordered that the defen
dants deliver the property specified in said affidavit to the Sheriff of St Louis
County and said Sheriff is hereby directed if said property be not delivered to
him to take it from the defendants and deliver it to the plaintiff.
Bill of costs paid by attorney for defendants filed.
Continued as on affidavit at defendants costs for absence of
witness.
Continued on affidavit at defendants costs.
On note.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
Fisher
Covington
Salisbury
well and truly to try the trial progresses and being finished the Jurors aforesaid upon their oaths afore
said say they find for the plaintiff and assess his damages at the sum of one hundred and four dollars.
It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid
in form aforesaid as assessed and also his costs herein expended and have execution therefor.
Motion to set aside dismissed and reins state cause filed.
Court met pursuant to adjournment. Present as before.
Now come
inventory; and the Court appoints
Fulton
the said appraises take and file he oath required by law.
on account.
Now comes the plaintiff, by his attorneys, but the defendant, although called, comes
not, and the plaintiff waiving a Jury submits this cause to the Court upon the plea
dings and proofs and the Court having duly heard and considered the same doth
find the issues herein joined in favor of the plaintiff and doth assess his damages sustained by reason of the
premises in the petition mentioned at the sum of three hundred and thirty dollar and fifty cents. It is these
foe considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form
aforesaid as assessed and his costs herein expended and have execution therefor.
Judgment on Demurrer.
The Demurrer to the Petition herein having been heretofore sustained, therefore, on
motion of he defendant, by his attorney, it is considered by the Court that the plain
tiff take nothing by his suit in this behalf but that the said defendant go hence
without day and recover of the plaintiff his costs herein expended and have thereof execution.
Continued by consent.
Continued by consent.
Now comes the attorney for the plaintiff and suggests and how to the satisfaction
of the Court that the said plaintiff has departed this life since the commencement
of this suit.
Continued by consent.
Continued by consent.
Petition for Rent.
Now come the parties, by their respective attorneys, and submit to the Court
the motion to strike out the defendants answer and demurrer to the counter claim
which motion and demurrer is, after due consideration by the Court, sustained;
and the defendant failing further to plead herein, the petition, on motion of plaintiff, is taken against him
for confessed; and the plaintiff waiving a Jury submits the cause to the Court for assessment of damages,
and the Court having duly heard and considered the same, doth assess the plaintiffs damages at the
sum of two hundred and sixty three dollars and twenty five cents. It is therefore considered by the Court
that the plaintiff recover of the defendant damages aforesaid as assessed and also his costs herein ex
pended and have execution therefor.
Continued as on affidavit at defendants costs for absence of
Now come the plaintiffs and defendants, by their attorneys, and the
plaintiffs suggest to the Court the death of
the defendants, since the commencement of this suit, and by consent
of parties
in lien of said
nolds
Now come the plaintiff and the defendants,
respective attorneys, and the plaintiff suggests to the Court the death of
of this suit; and same is not denied; and also comes
L Beau
and service of process, centers his appearance as a party defendant herein.
Now comes
C Reynolds
pearance as defendant herein.
Now comes
by her attorney, and enters her appearance as plaintiff herein.
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defen
dant,
summoned and called comes not but makes default, wherefore the petition herein
is taken against him as confessed; an the Court finds from the instrument in
writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of five hun
dred and eighty dollar and four cents. It is therefore considered by the Court the plaintiff recover of the
defendant the debt aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
Order of Publication.
The Sheriff having made return that the defendants cannot be found and the
Court being satisfied that process cannot be served upon them, therefore, on
motion of the plaintiff, by his attorney, it is ordered that the defendants be no
tified that a civil action has been commenced against them for the sum of
two hundred and fifty dollars, on account of a balance due for service ren
dred and performed by the plaintiff for the defendants, and that their property has been attached and
that unless they appear at the next September Term of this Court, to be begun and held at the City of St Louis
within and for the County of St Louis, on the Last Monday of September, eighteen hundred an sixty,
and on or before the third day thereof answer to the action aforesaid, according t law, judgment will be ren
dered against them and their property sold to satisfy the same; and it is further ordered that a copy
hereof be published, according to law, in the St Louis Evening Bulletin, a newspaper printed
and published in the City of St Louis.
Continued by consent of parties at parties at plaintiffs costs.
Motion for a new trial filed.
Motion for security for costs filed.
Depositions for plaintiff opened and filed.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed
at the plaintiffs costs and that execution issue therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be
dismissed at the costs and that execution issue therefor.
tion of a deed be him as such Sheriff in favor of
for all night, title, interest, claim, estate and property of
described real estate, to wit; a certain lot of ground being
St Louis, State of Missouri, being lot No 7 in block No 73 of said addition, containing a front 30 feet on
the North side of Soulard street b depth of 40 feet, more of less, to Market lane or Market square, it
being the same lot which
recorded in book 179 page 54 and conveyed to said Perrier by said
205, page 515, darted
of the Clerk of the Circuit Court, returnable to the
Gorla
returnable to the
The defendant,
Non Suit set aside.
Now come the parties, by their respective attorneys, and by their consent it is ordered
that the entry of non suit be set aside and vacated and his cause continue to
the next term of this Court.
Order for Delivery.
The plaintiff file a petition and affidavit claiming the possession of certain personal prop
erty therein described, wherefore it is ordered that the defendant deliver the property spec
ified in said affidavit to the Sheriff of St Louis County, and said Sheriff is hereby di
rected is said property be not delivered to him to take it from the defendant and deliver it to the plaintiff.
Depositions for plaintiffs opened and filed.
Motion for a new trial filed.
On Plea in abatement Now come the parties by this attorneys and the Court after
due consideration, doth overrule the motion to strike the plea herein and also come a Jury
to wit;
Lockwood
aymond
lawful men who being duly elected trial and sworn the issue herein joined upon the plea in abate
ment well and truly to try the trial progresses but not being finished is laid over until Monday.
Court met pursuant to adjournment. Present as before.
Garnishment.
Now come the parties, by their respective attorneys, and the said
garnishee file an answer herein and the plaintiff moves the Court
for judgment thereon, and the Court finding form said answer that
the said garnishees at the time they were summoned herein as such
were indebted to the defendants
one hundred and eighty dollars and sixty two cents, It is therefore considered by the Court that the
plaintiff recover of the said garnishees the debt aforesaid as confessed and have execution therefor, and
that of said sum be pay the costs of this proceeding: the Court allows the said garnishees the sum of
ten dollars for answering herein to be taxed as costs.
Decree of Divorce.
Now come the parties, by their respective attorneys, and the trial progresses and
being finished and the Court being satisfied from the evidence that plain
tiff is a person of good moral character and an innocent and injured party,
It is therefore ordered adjudged and decreed that the plaintiff be absolutely and forever divorced from
the bonds of matrimony by her contracted with the defendant and be restored to all the nights and
privileges of an unmarried person; an the Court, being satisfied of the propriety thereof, doth grant
the defendant leave to marry at any time after the rendition of this decree: and it is also ordered
that defendant pay the costs of this suit and that execution issue therefor.
Non Suit.
Now come the parties, by their respective attorneys, and waiving a Jury sub
mit this cause to the Court upon the pleadings and proofs, and the trial pro
gresses but he plaintiff say she will not further prosecute her suit in this
behalf but voluntarily takes a non suit with leave to more to set the same aside.
It is therefore considered by the Court that the plaintiff take nothing by her
suit in this behalf but that the defendants go have without day and recover of the said plaintiff their
costs and charges herein expended and have execution therefor. Leave is given to more to set non suit aside.
The motion to set aside the judgment by default herein being heard and fully consid
ered by the Court is overruled.
Motion for security for costs filed.
Dismissal.
On motion of the plaintiff, it is ordered by the Court that this cause be dismissed
at his costs and that execution issue therefor.
Now comes the defendant,
waiving service of process enters his appearance to this action. Cause continued
by consent of parties.
Complaint.
Now come the parties, by their respective attorney, and waiving a jury
submit this cause to the Court upon the pleading and proofs and the
Court having duly heard and considered the same doth find the issues
herein joined in favor of the defendant. It is therefore considered by the
Court that the plaintiffs recover of the defendant nothing by their suit in this behalf but that the defen
dant go hence without day and recover of the plaintiffs its costs herein expended and have execution therefor.
Complaint.
Now come the parties, by their respective attorneys and waiving a jury sub
mit this cause to the Court upon the pleadings and proofs and the Court
having duly heard and considered the same doth find the issues herein joined
in favor of the defendant. It is therefore considered by the Court that the
plaintiffs take nothing by their suit in this behalf but that the defendant go hence without day and recover
of the plaintiffs its costs herein expended and have execution therefor.
The motion for security for costs herein is overruled.
Order for Delivery.
The plaintiff comes and files a petition and affidavit according to low; claim
ing the possession of certain personal property therein described, wherefore it is
ordered that the defendant deliver the property specified in said affidavit
to the Sheriff of St Louis County and said Sheriff is hereby directed if said property be not delivered to
him to take it from the defendant and delivered to the plaintiff.
Petition for Freedom.
Now comes the plaintiff, by her attorney, and files a petition for freedom, and the
Court, being of opinion that the said petition contains sufficient matter to authorize
the commencement of a suit, doth order that the said petitioner be allowed to sue as
a poor person, and that she have reasonable liberty to attend her counsel and the Court as occasion may
require, and that the be not removed out of the jurisdiction of this Court and be not subjected to any
seventy on account of her application for freedom.
Plaintiff files a bill of exceptions herein.
Confession of Judgment.
Now comes the plaintiff, by his attorney, and also comes the defendant and files his
statement duly verified by affidavit confessing himself indebted to the plaintiff
in the sum of three hundred and seven dollars and fifty cents and authorizes the
entering up of judgment against him in favor of the plaintiff for that amount. It is therefore considered
by the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and also his costs
herein expended and have execution therefor; and it is ordered that this judgment bear interest at the rate
of ten per cent per annum from this date until paid.
Petition for Freedom.
Now comes the plaintiff, by his attorney, and files a petition for freedom, and
the Court being of opinion that the said petition contains sufficient matter to au
theorize the commencement of a suit, doth order that the said petitioner be allowed
to sue as a poor person and that he have reasonable liberty to attend his counsel and the Court as occasion
may require and that he be not removed out of the jurisdiction of this Court and be not subjected to
any severity on account of his application for freedom.
Confession of Judgment.
Now comes the plaintiff, by his attorney an also comes the defendant and
files his duly verified statement confessing himself indebted to the plaintiff in
the sum of three hundred and one dollars and fifty cents and authorizes the
entering up of judgment against him in favor of the plaintiff for that amount. It is therefore con
sidered by the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and also
his costs herein expended and have execution therefor: and it is ordered by the Court that this judgment
bear interest at the rate often percent per annum from this date until paid.
The plaintiff motion for judgment being heard and fully consid
ered by the Court is overruled; the demurrer to the amended petition
herein being heard and fully considered by the Court is overruled: Until
the first day of the next term is given the defendants to answer herein.
Reply to denial of garnishees answer filed.
Court met pursuant to adjournment. Present as before.
By consent of parties, by their attorneys, it is ordered by the
Court that the order discharging said garnishees be set aside
and vacated and this cause be reinstated.
Continued on affidavit at defendants costs.
Account filed.
Continued as on affidavit at defendant costs for absence of
On motion of the defendant, by his attorney, it is ordered that a commission issue to
the State of Maryland to take depositions to be used on his behalf in the trial of
this cause.
Remittitur.
Now come the plaintiff, by their attorney, and remit to the defendants
the sum of one hundred and eighty two dollars and sixty four cents
part and parcel of the judgment herein rendered. Therefore it is consid
ered by the Court that the defendants be discharged from the payment of
sum aforesaid as remitted: and the defendants motion to set aside the judgment and for a new trial
herein being heard and fully considered by the Court is overruled.
The plaintiff motion to set aside the non suit herein being heard and fully considered
by the Court is overruled.
On Plea in abatement.
Now come again the parties, by their respective attorneys, and also the
Jurors empanelled and sworn herein, and by consent of parties
progresses with the remaining eleven Jurors and being finished the
Jurors aforesaid upon their oaths aforesaid say they find the issue joined upon the plea in abate
ment in favor of the plaintiffs. It is therefore considered by the Court that the defendant, at the
date of the commencement of this suit, had fraudulently conveyed or assigned his property or effects so as to
hinder or delay his creditors.
Petition for production of book filed.
Motion to dismiss filed. Demurrer filed.
Court met pursuant to adjournment. Present as before.
Now at this day come, the plaintiff, and file an affidavit
and on their motion an appeal from the judgment herein
is granted them to the Supreme Court, and thereupon said
plaintiffs file an appeal bond which is approved by the Court.
On note & account
Now at this day come the plaintiff,
by their attorneys, but the defendant
failing to file an answer herein
make, default, wherefore it is considered that the petition of said plaintiff
be taken against said defendant as confessed, and said plaintiff,
not requiring a jury, this cause is submitted to the Court which being
heard the Court doth assess the damage, of said plaintiff, sustained by
reason of the premise on their petition at the sum of Three Hundred
and twenty dollars, and fifty four cents. It is therefore considered by the
Court that the plaintiffs recover of the defendant the damages aforesaid
in form aforesaid as assessed and also their costs and charges herein
expended and that execution issue therefor.
On motion of plaintiff by attorney it is ordered
that a
next September Term of this Court.
Defendant by attorney file a motion to make infant
children parties to the suit which motion being heard
the same is by the Court overruled.
Petition.
Now comes the plaintiff, by his attorney, and also comes the defendant and
file his stipulation whereby he consents and agrees that judgment may be
rendered against him in favor of the plaintiff for the full amount claimed
in the petition at the present term of this Court, as upon personal service, waiving all objec
tions there to, and the Court doth, on motion of plaintiff, assess the plaintiff damages sustained
by reason of the premises in the petition mentioned at the sum of thirteen hundred and eighty
six dollars and thirty cents: and it appearing to the Court that the plaintiffs demands was filed
on a lien against certain property situate in the County of St Louis, State of Missouri, described
as follows to wit; a certain house and lot situate on the West side of North Eleventh street, be
tween Wash and Carr Streets in the City of St Louis being the house situated on the West side
of said Eleventh street, numbered one hundred and fifty six, and the lot upon which said
house is situated having a front of twenty five feet on the West side of said Eleventh street and
running through the same width to an alley on the West side thereof and the building being a
two story brick dwelling house with a front hall therein, with a side alley leading to the back
yard in the South side of the front building and said house being situate about one hundred
feet North of Wash street and between Wash street and the Engine House on said Eleventh street
and being the second house and lot South of said Engine House. It is therefore considered
by the Court that the plaintiff recover of the defendant the damages aforesaid as assessed and
agreed upon and also his costs herein expended, and if no sufficient property of the defendant can
not be found to satisfy this judgment and costs then the residue thereof to beloved out of the property
above described on which the demand was filed as a lien, and that execution issue therefor.
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that
this cause be dismissed at plaintiffs costs and that execution issue therefor.
Notary certificate of costs of the defendant filed.
On Bond.
Now come the parties, by their respective attorneys, and
the motion for security for costs herein being heard and
fully considered by the Court is overruled and the parties
having argued the motion to strike out parts of the answer herein,
submit the same to the Court, and the motion to strike out part of the defendants answer being heard
and fully considered by the Court is sustained; thereupon come a jury to wit;
lawful men who being duly elected tried and sworn the issues herein joined well and truly to try
the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say the find
for the defendants. It is therefore considered by the Court that the plaintiff take nothing by his suit
in this behalf but that the defendants go hence without day and recover of the plaintiff and of
the security, their costs and charges herein expended and have execution therefor.
Now come the parties, by their respective attorneys, and the defen
dants motion for security for costs herein being heard and fully con
sidered by the Court is sustained and the plaintiff files a bond
for costs herein with
proved, and the motion to strike out part of the defendants answer being heard and fully considered by the
Court is sustained.
Confession of Judgment.
Now comes the plaintiff, by his attorney, and also comes the defendant, in person,
and files his statement in writing duly verified by affidavit, whereby he
confesses himself indebted to the plaintiff in the sum of fifty three thousand
seven hundred and fifty dollars and sixty cents and authorizes the entering up of judgment against him
in favor of the plaintiff for that amount. It is therefore considered by the Court that the plaintiff re
cover of the defendant the debt aforesaid in form aforesaid as confessed and also his costs in this behalf
expended and have execution therefore.
Continued by consent at defendant costs.
Inventory filed.
Continued as on affidavit at defendants costs for absence of
Grimsley
Depositions for defendants opened and filed.
Inter plea of
Motion for a new trial filed.
Continued by consent.
Replevin.
Now come the parties, by their respective attorneys, and also come a jury
to wit,
G
lawful men who being duly elected tried and sworn the issue herein joined
well and truly to try the trial progresses but not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
The plaintiffs motion for a new trial herein being heard and fully considered
by the Court is overruled.
On Note.
Now come the parties, by their respective attorneys, and file a stipulation
and the defendant withdraws his plea in abatement and the parties consent
and agree that judgment may be rendered herein in favor of the plaintiffs
and against the defendant for the sum of two hundred and nineteen
dollars and eighty two cents. It is therefore considered by the Court that the plaintiffs recover of the
defendant the debt aforesaid in form aforesaid as agreed upon and also their costs herein expended
and have execution therefor; and it is ordered that this judgment bear interest at the rate of ten per
cent per annum from this date until paid: and
agreement made herein by the parties, and the plaintiffs file a motion to strike but the inter plea herein
Plaintiff files an amended petition herein and also files an Exhibit there with.
Now comes
a prayer for the appointment of appraisers, and the Court, after
due consideration thereof, doth appoint
Heineke
and effects inventioned herein.
Continued by consent.
Replevin.
Now come the parties, by their respective attorneys, and
also come the Jurors empanneled and sworn herein and
the trial progresses and being finished the Jurors afore
said upon their oaths aforesaid say they find for the defendants and assess the value of the property taken at
the sum of four hundred dollars and the damages for the taking and detention of the same at the sum of
fifty dollars. It is therefore considered by the Court that the plaintiffs and
boiler and furnace, one portable engine unfinished and drill machine and drills,
one black smith bellows, one wood hoisting wheel, lot old steel, three grind stones, two wood lathe frames,
three wood benches, one small writing desk, fifteen letter presses unfinished, one fly wheel, three angers,
lot shafts pulleys and belts, lot babbit mental on broken coal stove, three screw plates, one iron drill brace
five pieces old shafting, lot wood engine patterns, letter press patterns, one circular saw, lot old gass
pipe, lot wire, one piece sheet iron, lot paint cups, lot old iron, one sheet iron forge, one lot old chisels
and drills, lot old steel and brass springs, piece old belt, lot iron brass (new) three tin signs, lot old spring
steel and files, two prices cast iron, lot old brass, lot steam pipe (old) one screw cutting lathe, three black
smiths hammers, one sledge, one barrel and contents one iron planning wheel; or pay the value as assessed
by the jury, at the defendants, and also pay the damages as assessed and the costs of this
suit, and that the defendants have execution therefore. Thereupon the defendants remit to the plaintiffs the
sum of forty nine dollars and ninety nine cents part and parcel of the damages assessed by the jury; therefore
it is considered by the Court that the plaintiffs be discharged from the payment of the sum this remitted:
and the plaintiffs file a motion for a new trial and after filing the same file a motion in arrest.
On Note.
This cause being called for trial the plaintiff comes, by his counsel, and waiving a
jury submits this cause to the Court upon the petition and answer and the Court
doth find therefrom that the defendant is indebted to the plaintiff in the sum of
three hundred and thirty three dollars and fifty cents. It is therefore considered by the Court that
the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and also his costs herein
expended and have thereof execution.
Defendants files a bill of exceptions herein.
The plaintiff files a motion for a new trial herein.
Assignment of judgment filed.
Continued.
Depositions for plaintiff opened and filed.
Depositions for plaintiff opened and filed.
On Bill of Sale.
Now come the parties, by their respective attorneys, and also come a jury, to wit;
Haren, Sr
herein joined well and truly to try the trial progresses but not being finished is laid over until tomorrow.
Order of Injunction.
Now come the parties, by their attorneys, and the plaintiff files a
a petition for an injunction, and it is ordered by the Court that
upon the plaintiff filing a bond in the sum of one thousand dol
lars, conditioned according to law, the said defendants, their ser
vants agents and attorneys, be restrained and enjoined from re
moving out of the jurisdiction of this Court a certain mulatto slave named
hearing of the application of the plaintiff for an order of injunction and the further order of
the Court in the premises. The plaintiff files a bond as above directed with
principal and
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered that this cause
be dismissed at plaintiffs costs and that execution issue therefor.
On Bond.
Now come the parties, by their respective attorneys, and consent
and agree that this cause shall abide by the result and be
governed by the judgment and decisions rendered in the case
of the State of Missouri to the use of
ding to render judgment herein, doth consider that the plaintiff take nothing by his suit in this be
half but that the defendants go hence without day and recover of the plaintiff their costs and charges
herein expended and have execution therefor. The plaintiff files a motion for a new trial herein.
Now comes the attorney for the plaintiff and suggests to the Court the death of
said plaintiff since the commencement of this suit, which is not denied, thereupon
come
and enters his appearance as party plaintiff herein.
cution of a deed by him as such sheriff in favor of
estate and property of
20 in Block one of
ginning in the East line of Dillon street, 100 feet South from the South line of Hickory street, thence
East parallel with Hickory street 127 ½ feet to an alley 15 feet wide; thence South with the West
line of said alley 50 feet, thence West parallel with Hickory street 127 ½ feet to Dillon Street;
thence North with the Eastern line of Dillon street 50 feet to the place of beginning: also lot in
St Louis County, to wit; lot no 33 in Block No 10 of the East Union addition to the City of St Louis
being 30 feet on Lucas street by 160 feet 9 inches in depth and bounded South by Lucas street,
West by lot No 34 of said Block No 10, North by an alley, and East by lot No 32 in said Block
vs 10 being one of the lots heretofore assigned and set apart to
tue of an execution issued from the Office of the Clerk of the St Louis Circuit Court in favor of
A Benoist
Depositions for plaintiff opened and filed.
Continued.
Depositions for plaintiffs opened and filed.
Depositions for defendants opened and filed.
Motion for assessment of damages and value of property filed.
On note.
Now come the parties, except,
spective attorneys, and the plaintiff dismisses this suit as to
the said
is submitted to the Court upon the pleadings and proofs and
the Court having duly heard and considered the same doth find that the defendants are indebted
to the plaintiff in the sum of ten hundred and ninety two dollars. It is therefore considered by the
Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and also their
costs and charges herein expended and have execution therefor: and it is ordered that this judgment bear
interest at the rate of ten pert cent per annum from this date until paid.
On award of arbitrator.
Now come the parties, by their respective attorneys, and waiving a jury submit
this cause to the Court upon the pleadings and proofs and the Court having duly
heard and considered the same doth find that certain matters in controversy
were submitted to
in controversy, between the parties to this suit and awarded to the plaintiff the sum of nineteen hundred
and six dollars and eighty five cents together with one half the arbitrators charges amounting to the
sum of fifty dollars, that the same is still due and owing from defendant to plaintiff, and that the
interest on said sum to this date makes the sum total twenty hundred and forty six dollars
and twenty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the
sum of twenty hundred and forty six dollars and twenty cents, the debt aforesaid, as found, and also
his costs and charges in this behalf expended and have execution therefor. The defendant files a mo
tion for a new trial.
Default as to
Now comes the plaintiff, by his attorney, but the defendants,
Heggi
come not but make default, wherefore, on motion of the plaintiff, the
petition herein is taken against the said defendants as confessed.
On Bill of Sale.
Now come again the parties, by their respective attorneys, and also the Jurors
empanneled and sworn herein, and the trial being finished the Jurors afore
said upon their oaths aforesaid find the following verdict, to wit;
Williams
nineteen hundred and fifty dollars with interest from the
Casilly
dant the sum of twenty hundred and twenty three dollars and twelve cents the damages found
by the jury and his costs herein expended and have execution therefor. The defendant files a motion
for a new trial herein.
Continued.
Continued.
The plaintiff and also
port of motion for new trial.
Continued.
Petition.
Now come the parties, by their respective attorneys, and also come a Jury,
to wit;
tried and sworn the issues herein joined well and truly to try the trial progresses and being finished the
Jurors aforesaid upon their oaths aforesaid find the following verdict, to wit; We the Jury find for the
plaintiff in the sum of two hundred eighteen 05 dollars with interest #218,05/11
Foreman. It is therefore considered by the Court that the plaintiff recover of the defendant the
damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
Now come the parties, by their respective attorneys, and the defendants
file a demurer to the petition which being seen heard and fully considered
by the Court is overruled.
Court met pursuant to adjournment. Present as before.
Defendants file an answer and a motion to dissolve injunction.
Assault.
Now comes the plaintiff, by his attorneys, and also come
the attorney for the defendants and with draws his appear
ance as attorney herein, and the defendants although duly
called come not; thereupon come a Jury, to wit;
M Phetridge
lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try the trial
progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiff
in the sum of fifteen hundred and fifty dollars damages. It is therefore considered by the Court that the
plaintiff recover of the defendants the damages aforesaid in form aforesaid as found and also his costs
herein expended and have execution therefor.
Defendants motion for a new trial herein being heard and fully considered
by the Court is overruled.
Depositions for plaintiffs opened and filed.
On Note.
Now come the parties, by their respective attorney, and submit the issue joined
upon the plea in abatement to the court and the Court having duly heard
considered the same doth find said issue in favor of the plaintiffs; and the
defendant failing further to plead herein makes default, wherefore the peti
tion herein is taken against him as confessed: and the Court finds from the
instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in
the sum of two hundred and seventeen dollars and seventy seven cents. It is therefore considered by the
Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their
costs herein expended and have thereof execution: and it is ordered by the Court that this judgment bear
interest at the rate of ten per cent per annum from this date until paid.
Assault.
Now come the plaintiff, by their attorneys, and the attor
ney for the defendants and withdraws his appearance herein as such
thereupon the defendants being duly called come not; also come as Jury
Schurman
o'Brien
joined well and truly to try the trial progresses and being finished the Jury aforesaid upon their oaths afore
said say they find for the plaintiff and assess his damages at the sum of five hundred dollars. It is there
fore considered by the Court that the plaintiff recover of the defendants the damages aforesaid as assessed and
also his costs herein expended and have execution therefor.
Damages.
Now come the plaintiff, by his attorneys and also comes the attorney for the de
fendants and withdraws his appearance as such, but the defendants being duly
called come not; and the plaintiff waiving a Jury submits this cause to the Court
upon the pleadings and proofs and the Court having duly heard and considered
the same doth find for the plaintiff and assess his damages at the sum of three hundred and twelve dol
lars. It is therefore considered by the Court that the plaintiff recover of the defendants the damages afore
said as assessed and also his costs herein expended and have execution therefor.
Appointment of Appraisers.
Now come
herein, and file and inventory, and on their motion the Court appoints
the property and effects so inventoried.
On note.
Now come the plaintiffs, by their attorneys, but the defendants
failing to answer herein make default, wherefore the petition,
herein is taken against them as confessed: and the Court finds
from the instrument in writing on which this action is founded
that the defendants are indebted to the plaintiffs in the sum of five hundred and ninety three dollars
and sixty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendants
the debt aforesaid in form aforesaid as found and also their cost in the behalf expended and
have execution therefor.
Affidavit of
Defendant files a motion to set aside verdict and for a new trial.
Court met pursuant to adjournment. Present as before.
The defendants motion to set aside the judgment for costs
herein being heard and fully considered by the Court is
overruled: The plaintiff motion for a new trial being heard
and fully considered by the Court is overruled.
Petition.
Now come the parties, by their respective attorneys, and by consent, a Jury being
waived, this cause is submitted to the court upon the pleadings and proofs
and the Court having duly heard and considered the same doth find that
the defendants is indebted to the plaintiffs in the sum of two hundred and
eighty three dollars and ninety five cents. It is therefore considered by the Court that the plaintiffs recover
of the defendant the debt aforesaid in form aforesaid as found and also their costs in this behalf expended
and have execution therefor.
Dismissal.
The parties file an agreement and by their consent this cause is dismissed at the
defendants costs and it is ordered that execution issue therefor.
Replevin.
Now come the defendants, by their attorney and also come the
attorneys for the plaintiff and withdraw their appearance as
such, but the plaintiff although duly called comes not wherefore,
on motion of the defendants, it is considered by the court that
the plaintiff take nothing by his suit in this behalf but that the defendant go hence without day and recover
of the plaintiff their costs herein expended and have execution therefor; and the defendants waiving a Jury
submit the assessment of the value of the property and the damages herein to the Court, and the Court
after hearing the proof doth assess the value of the property at the sum of one hundred and twenty eight
dollars and ninety four cents, and, the defendants consenting to take nominal damages, doth assess the damages
for the taking and detention of said property at the sum of one cents. It is therefore considered by the Court
that the plaintiff and
return the property taken, to wit; one grey horse, on one horse wagon, three kegs of nails and one bag of flour
on pay the value as assessed at the election of the defendants, and also pay the damages assessed and the
cost of this suit and that execution issue therefor.
Deposition for plaintiffs opened and filed.
Depositions for defendant opened and filed.
The plaintiff, by leave of Court, files and amended petition and an exhibit there with.
Petition.
Now come the plaintiffs, by their attorney, but the defendant, although called
comes not; and the plaintiffs waiving a Jury submit this cause to the Court upon
the pleadings and proofs and the Court, after consideration thereof, doth find for
the plaintiffs and assess their damages at the sum of one hundred and fifty four
dollars and fifty three cents. It is therefore considered by the court that the plaintiffs recover of the
defendant the damages aforesaid as assessed and also their costs herein expended and have execution therefor.
Dismissal.
On motion of the plaintiff, by attorney, it is ordered by the Court that this
cause be dismissed at plaintiffs costs and that execution issue therefor.
Satisfaction.
The plaintiffs, by their attorney, acknowledge to have received full and entire
satisfaction of the judgment rendered herein. By leave of Court the defendants
withdraw the note suedon.
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that this cause be
dismissed at their costs and that execution issue therefor.
Dismissal.
On motion of plaintiff, by his attorney, it is ordered that this cause be dis
missed at his costs and that execution issue therefor. By leave of Court
plaintiff withdraws the note suedon.
Now come the parties, by their respective attorneys, and the motion to reinstate
this cause being heard and fully considered by the Court is overruled. The
plaintiffs file a bill of exceptions herein.
Motion for a
new trial filed.
Depositions for plaintiffs opened and
filed.
Appraisement filed.
Court met pursuant to adjournment. Present as before.
The separate motions of said garnishee for a new trial being
heard and fully considered by the Court are overruled.
The separate motions of said garnishees for a new trial herein being
heard and fully considered by the Court are overruled.
The motion for a new trial herein being heard and fully considered by the Court is sus
tained and the judgment herein rendered set aside and vacated. The defendant files
an offer of judgment herein.
The defendants motion for a new trial herein being heard and fully considered by
the Court is overruled.
The plaintiffs motion for a new trial herein being heard and fully considered
by the Court is overruled.
Order for production of looks and papers.
Now at this date comes the plaintiff, by
ardson
min Mercardier
Bira
Garnier
and
to the Court his petition praying that the defendants shall
produce certain books or papers containing the proceedings of
the committee of gerance and of the general assembly of
the
the said defendants shall produce to the plaintiff, or his attorneys, all books and papers containing
proceedings of the committee of gerance or proceedings of the general assembly of the said
Community
second, eighteen hundred and sixty
also to produce the same on the trial of this cause or that they show cause why they shall not pro
duce such books and papers.
The motion of the defendants for security for costs herein being heard and
fully considered by the Court it is ordered that the plaintiff file a good
and sufficient bond for costs herein on or before the first day of the next term of this Court.
The plaintiff motion for a new trial being heard and fully considered
by the Court is sustained and the judgment herein set aside and
vacated.
The plaintiff motion for a new trial being heard and fully consid
ered by the Court is sustained and the judgment herein set aside and
vacated.
Order on Sheriff to execute and acknowledge deed.
Now comes the said
the Sheriff toe execute and acknowledge a deed for certain property therein men
tioned, and the Court being satisfied that the purchase money for said
property has been paid doth order that
and acknowledge a deed to the said
to wit; the North half of the north west quarter of Section Eleven of township No forty four of Range
Now five East Of the fifth principal meridian containing Eighty acres Situated in the County of St Louis State
of Missouri; and by
tion issued from the office of the Clerk of the St Louis Court in the case of
against
The motion for security for costs being heard and fully considered by the Court
is overruled.
The motion to set aside the dismissal herein being heard and fully considered by the
Court is sustained and said dismissal set aside. The plaintiff files an addition
al bond for costs which is approved.
Defendant
The motion to strike out he interplea of
fully considered by the Court is sustained, and said interplea is accordingly
stricken out.
Now come the plaintiffs, by their attorney, and file a release of the sure
ties on the bond given by the defendant for the return of the property at
tached, waiving all claim for damages under said bond.
The defendants motion for a new trial herein being heard and fully considered by the Court
is overruled.
Depositions for defendants opened and filed.
On notes and Due Bill.
Now comes the plaintiff, by this attorney, and on his motion the order of
continuance is set aside and vacated, and the plaintiff dismisses their suit
as to the defendant,
fesses himself indebted to the plaintiff in the sum of two hundred and twenty nine dollars and
sixty two cents and authorizes the entering up of judgment against him in favor of the plaintiff for
that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the
debt aforesaid in form aforesaid as confessed and also his costs herein expended and have ex
ecution therefor.
Now comes
and on his motion the Court appoints
the property and effects so inventoried.
Depositions for plaintiffs opened and filed.
The motion of the defendant to set aside the default herein being heard and
fully considered by the court, it is ordered that the said motion be sustained
and the default set aside upon the payment by said defendant of all costs
accrued herein to this date. Until and including the first day of the next term of this Court is
given the defendant to answer.
Court met pursuant to adjournment. Present as before.
The defendants motion for a new trial herein being heard and fully con
sidered by the Court is overruled.
On Bill of Exchange.
Now come the parties, by their respective attorneys, and
waiving a Jury submit this cause to the Court upon the
pleadings and proofs and the Court having duly heard and
considered the same doth find there from that the defendant is indebted to the plaintiff in the
sum of twelve hundred and sixty five dollars and sixty one cents on account of the instrument of
writing on which this action is founded. It is therefore considered by the Court that the plain
tiff recover of the defendant the debt aforesaid inform aforesaid as found and also it costs
and charges herein expended and have execution therefor.
On account.
Now come the parties, by their respective attorneys, and
waiving a Jury submit this cause to the Court upon
the pleadings and proofs and the Court having duly
heard and considered the same doth find that the
defendant is indebted to the plaintiffs in the sum of
eight hundred and three dollars and forty two cents. It is therefore considered by the Court that
the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their
costs and charges herein expended and have execution therefor.
Garnishment.
Now come the plaintiffs, by their attorney, and moves
the Court for judgment on the answer of said gar
nishees, and the Court finding from said answer that
the said garnishees are indebted to the defendant,
Butterfield
seventy five cents, therefore it is considered by the Court
that the plaintiffs recover of the said garnishees the debt aforesaid as found and have execution
therefor; and that out of said sum the plaintiffs pay the costs of this proceeding. The sum of
ten dollars is allowed said garnishees for answering to be taxed as costs.
Default.
Now come the plaintiffs, by their attorney, but he said garnishee although
duly summoned and called comes not but makes default, where
fore on motion of plaintiffs, it is ordered by the Court that the
interrogatories herein be taken against said garnishee as confessed.
The defendants motion for a new trial being heard and fully considered by the
Court is overruled.
This cause and the motion for judgment are continued.
The motion in this cause for the assessment of damages and the
value of the property being called the parties come, by their attorneys,
and the defendant announces himself ready, but the plaintiffs de
manding a Jury and the panel of the Jury summoned for the term
having been discharged and the Court deciding that the plaintiffs are entitled to a Jury for the
assessment, the motion of said assessment is continued to the next term of this Court by consent
of the parties.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause
be dismissed at their costs and that execution issue therefor.
The plaintiffs motion for a new trial being heard and fully considered by
the Court it is ordered by the Court that the said motion be and the
same is hereby overruled.
The Motion for a new trial herein being heard and fully considered by the
Court is overruled; and the motion in arrest of judgment being heard and
fully considered by the Court is overruled.
The demurrer to the petition being heard and fully considered by the
Court is overruled: The defendants motion for a bill of particular
being heard and fully considered by the Court is sustained.
The motion in arrest of judgment being heard and fully considered by
the Court is overruled; and the motion of a new trial herein being
heard and fully considered by the Court it is ordered that the
judgment herein be set aside and a new trial had in this cause.
The motion for a new trial herein upon the plea in abatement being heard
and fully considered by the Court is overruled.
Appraisement filed. Assignees bond filed and approved.
Court met pursuant to adjournment. Present as before.
by him as such Sheriff in favor of
property of
tractor parcel of land lying and being in Saint Louis County and Stare if Missouri and being the
Norte half of the North west quarter of section Eleven, township forty four, North of Range five East of
fifty principal meridian, the said tract containing eighty acres being the same purchased by
Seaverson
corded in the Recorders Office of said St Louis County in book X No 2 page 149; Sold under and by
virtue of an execution issued from the Office of he Clerk of the St Louis Circuit Court in favor of
The defendants motion for a new trial being heard and fully con
sidered by the Court is overruled.
This cause and the demurrer herein are continued to the next turn.
Petition for Specific Performance.
Now at this day come the plaintiffs and the defen
dants,
tive attorneys, and the plaintiffs dismiss their suit without
prejudice as to
ontine Lee
not but make default; and the matters in controversy herein
are submitted to the Court and the Court having duly heard and considered the same, and being fully
advised of and concerning the premises, makes the following finding, to wit; That the Spanish Government on
the
sion was recorded in Levre Terrein No 1 page 31 and is as follows; On the
seven hundred and seventy
we do concede to him, his heir or assigns, in fee simple, a piece of ground situated in the Grand prairie of
the post of the said village of St Louis, having tow arpents in width by forty arpents in depth, bounded on
one side by the land of
within one year and one day and of its being liable to the public, and other charged tat his majesty might
impose therefor. Given in St Louis the same day and year as above; and we have signed
That the same land was confirmed to the legal representatives of
taken before
the United State and was recorded in the record and minutes of said United State Recorder of Land Titles
in book No 2 page 100: and that the same tract was surveyed by the United States
Survey No 1660. The Court doth further find that
viving him his two daughters, one named
married to
surviving them
who had intermarried with
Rousseau
Lee
Lee
instrument to
that the land therein described is the same land proved up before said
surveyed a Survey 1660; that said instrument was by mistake of the said granters not sealed as
it purported to be. The Court doth further find that said
was no valuable consideration passed from said
conveyance; that said
dated the
terest in said tract to two by forty arpents except a bout six arpents in the Eastern and thereof; that
no valuable consideration was given by said
be made to said
gust, 1831
said deed of
The Court doth further find that said
The Court doth Further find that said
with her husband died long before 1825 and that said
dated the
in said tract of two by forty arpents proved before said
States as Survey No 1660. The Court doth further find that there has been no possession of any portion of
said land in controversy by said defendants,
and that as early as 1850 said plaintiff
and has been in possession of the same ever since. The Court doth thereupon declare the law to be that the
plaintiffs are entitled to have decreed to and rested in them the interest and share in said track of land
as surveyed by the United States as Survey No 1660 Which said
held and owned at the time of the execution of said instrument to said
twelfth each and together making one undivided sixth part thereof. And thereupon the Court doth order
adjudge and decree that the undivided sixth part of the track of land in said petition described being a
track of land lying on the Country of St Louis and State of Missouri at the place commonly called the
Grand prairie containing two arpents in front by forty arpents in depth confined by laws of the United State
to the legal representatives of
Land Titles of the United States for said State and surveyed by the United States of America by United
States Survey numbered sixteen hundred and sixty be passed to and be vested in the said plaintiffs their
herein and assigned forever, and that they recover of the defendants their costs and charges in that the behalf expended
and have execution therefore. Finding of the Court filed.
Now come the plaintiffs and file a bill of exceptions and also come the
defendants and file a bill of exceptions.
The defendants motion for a new trial herein being heard and fully considered by the
Court is overruled.
The defendant files a motion for a new trial herein which being heard and fully
considered by the Court is overruled.
Now come
be made co defendants, wherefore it is ordered they made co defendants herein and
leave is given them to file an answer at the next tem of this Court.
Now come the defendants, by their attorney, and file the consent of the plaintiffs, where
by they consent that the defendants may file an affidavit bond and bill of excep
tions for an appeal within ten day from this date, nine pro tune, waiving objections
to the same not being filed at this teem.
The plaintiffs motion to set aside the non suit herein being heard and fully considered
by the Court is sustained, and said non sit is accordingly set aside.
The plaintiffs motion to set aside the non suit herein being heard and fully considered
by the Court is sustained, and said non suit is accordingly set aside.
The defendant withdraws his motion for a new trial herein.
On account.
Now come the parties, by their respective attorneys, and the defendant, by brave of Court,
withdraws his set off and no Jury being required this cause is submitted to the Court upon the
pleadings and proofs and the Court having duly heard and considered the same doth find the
issues herein joined in favor of the defendant. It is therefore considered by the Court that the plaintiffs take nothing by
his suit in this behalf but that the defendant go hence without day and recover of the plaintiff this costs and charges
herein expended and have execution therefore.
The plaintiffs motion for a new trial being heard and fully considered by the Court is
sustained; and the judgment herein se aside and new trial granted. The plaintiffs with
draw their motion inanest of judgment.
The plaintiffs motion for a new trial being heard and fully considered by the Court it is
ordered that said motion be sustained upon the payment of all the costs on or before the first
day of the next teem of this Court.
The defendants motion to dismiss this suit being heard and fully considered by the Court is overruled:
and the demurrer to the petition being heard and fully considered by the Court is overruled.
The plaintiffs motion to suppress the defendants depositions being heard and fully consid
ered by the Court is overruled.
The defendants motion to suppress the plaintiffs depositions being heard and fully considered
by the Court is overruled.
appraisement filed. Assignees bond filed. Additional inventory filed.
Remittitur.
Now comes the plaintiff, by his attorney, and remits to
the defendants the sum of five hundred and fifty dollars part
and parcel of the judgment herein. Therefore it is considered
that the defendants be discharged from the payment of the
sum as above remitted.
Dismissal.
On motion of plaintiffs, by attorney, it is ordered that this cause be dismissed at
their costs and that execution issue therefore.
Dismissal.
On motion of plaintiffs, by attorney, it is ordered that this cause be dismissed at
their costs and that execution issue therefore.
Court met pursuant adjournment. Present as before.
Appraisement filed. Assignees bond filed and approved.
after due consideration thereof by the Court. It is ordered that the
said assignee do proceed to sell and dispose of the stock of goods waves and merchandise assigned at pri
vate sale for cash for the period of sixty days. It is further ordered that at the end and termination of
sixty days from this date whatever assets then belonging to said estate un disposed of the store no 188
Broadway St Louis together with the fixtures in the store shall be sold by said assignee for cash at
public auction.
Confession of judgment.
Now comes the plaintiff, by his attorney, and files his petition and also comes
Carlisle
the name and behalf of the defendant confesses judgment in favor of the plaintiff for the
sum of four thousand eight hundred and thirty six dollars and forty five cents and authorizes the entering
up of judgment against the defendant in favor of the plaintiff for that amount. It is therefore considered
by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as confessed
and his costs herein expended and have execution therefore And it is ordered that this judgment bear interest
at the rate of seven per cent per annum form the date until paid.
Garnishment.
Now comes the plaintiff, by his attorney, and also comes said gar
nishee and files an answer and the plaintiff moves the Court for
judgment thereon and it appearing to the Court that said
garnishee at the time he was summoned herein as such was indebt
ed to the defendant,
It is therefore considered by the Court that the plaintiff recover of the said garnishee the debt aforesaid as found
and have execution therefore and that out of said sum he pay the costs of this proceedings. The sum of
ten dollars is allowed said garnishee for answering to be taxed as costs.
The defendants file a motion for review herein which motion being seen heard
and fully considered by the Court is overruled: thereupon the defendants file a
bill of exceptions herein.
The defendants motion for a new trial being heard and fully considered by the Court
is sustained and the judgment herein is accordingly set aside and a new trial granted.
On motion of the plaintiff, by his attorney, it is ordered that the order making
L Clark and Bro co
The demurrer of the defendant of the plaintiffs petition being heard and fully
considered by the Court it is ordered that the said demurrer be and the same
is hereby overruled. On motion of the plaintiff, by her attorney, at the Court strikes
Out of the petition so much thereof as is included in brackets.
The motion to set aside the non suit herein is continued to the next
term of this Court.
The parties file an agreement and by their consent the judgment here in is set
aside and vacated.
The defendants motion for a new trial being heard and fully considered
by the Court is overruled. The plaintiffs file their consent that a bill of
exceptions may be settled and filed herein in the course of the coming va
cation and that a bond may be filed and an appeal taken at the same time.
The defendant files a bill of exceptions and also an affidavit for an appeal, and on
his motion an appeal is allowed him to the supreme Court from the judgment therein
rendered, and he thereupon files an appeal bond in the sum of forty two hundred dol
lars, with himself as principal and
is approved by the Court.
The defendant files a bill of exceptions and an a affidavit for an appeal, and on his
motion, an appeal is allowed him to the Supreme Court form the judgment therein
rendered and he thereupon files and appeal bond with himself as principal, and
six hundred dollars and is approved by the Court.
The parties file an agreement whereby it is agreed that a bill of exceptions may be signed
and files at any time within three months form this date.
The plaintiffs file a bill of exceptions herein.
The defendant file a bill of exceptions herein.
The plaintiffs file a bill of exceptions and an affidavit for an appeal, and on their mo
tion, an appeal to the supreme Court is granted them form the judgment herein rendered,
and they thereupon file an appeal bond in the sum of two hundred dollars, with
W Norcross
Bill of Exceptions filed.
On note
Now comes the plaintiff, by his attorney, and the demurrer herein being called is sub
mitted to the Court and the Court being fully advised of and concerning the prem
ises as to the defendant
fendant,
ther makes default, wherefore the petition is taken against him as confessed: and the Court finds that the defen
dant is indebted to the plaintiff in the sum of seven hundred and forty nine dollars and thirty two cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as
found and also his costs herein expended and have execution therefore.
The defendants motion to set aside the verdict and judgment and grant a new trial herein
being heard and fully considered by the Court it is ordered that the said motion be and
the same is hereby overruled: thereupon the defendants file a bill of exceptions.
Order for production of Books and paper renewed
Now come the plaintiff and the defendants, except
by their respective attorneys, and it appearing to the Court that the order for production
of books and papers has not been fully executed, it is therefore, on motion of the plaintiff,
ordered by the Court that the defendants,
nier
containing proceedings of the committee of gerance or proceedings of the general assembly of the Icarien Communi
ty at the Office of Voullaire and Favor on the City of ST Louis on Friday,
and sixty
trial of this cause or that they show cause why they should not produce such books and papers.
The defendants motion for a new trial being heard and fully considered
by the Court is sustained; and the judgment herein rendered is accor
dingly set aside and a new trial granted.
The defendant files a motion for a new trial.
Court met pursuant to adjournment. Present as before.
Now come the plaintiffs, by their attorney, and file a motion and
notice of motion for an execution against said defendants, on a judgment
rendered in this Court on the
after due consideration by the Court sustained; and an execution is accor
dingly ordered to issue in accordance with said application.
The motion for security for costs is overruled: the demurer to
the petition herein being heard and fully considered by the Court
is overruled.
The motion to strike out part of the petition herein being heard
and fully considered by the Court is sustained.
The defendants file a bill of exceptions and an affidavit for an appeal and, on their
motion, an appeal is allowed them to the Supreme Court from the decision
herein rendered, and they thereupon file and appeal bond, in the sum of twenty
three hundred and fifty dollars, with
S Wilgus
Order of Sale.
Now comes
petition for an order of sale, and after due consideration thereof,
it is ordered that the said assignee sell the goods conveyed
to him at private sale for cash in parcels from the stand lately occupied by said
and from time to time, not to exceed sixty days from this date, as purchasers may apply: Leave is
also given, should and opportunity present itself, during the above named period to sell the whole of said
goods so remaining unsold for cash or at sixty days with undoubted personal security said sale to
be either public or private.
On motion of the defendant, by his attorney, it is ordered that he have leave to
file an answer on or before the sixth instant.
On motion of the defendants, by their attorney, two Commission
are awarded them to take depositions in Illinois.
Bill of Exceptions filed.
Deposition for plaintiffs opened and filed.
Now comes the said
ted and qualified as
Court his first report, of his procedings and actions as such Re
ceiver, and prays that said report, and his acts and proceedings
as such
Court make such orders and allowances in this behalf as in said
report asked: and the Court upon examination of said Report and the vouchers therein filed doth order, that
said report be received and filed and that the same stand approved together with the acts and proceedings of
said
Receiver
against
lars and two cents, a credit as of the
ninety cents, being the amount recovered and collected upon a certain note held as collateral - as by said report
appear - to said claim against
judgment obtained by him in this Court on the
remittitur as of the date of the rendition of said judgment in and for the sum of five hundred and thirty
two dollars, being the amount of excess for which said judgment was taken by said
said Report set forth: and further that the said
tion of
against
from said
said judgment Cafter entry of remittitur thereon as above ordered said amount payable therein to the order of
said
sum of five hundred and forty eight dollars and eight cents, payable on or before the
A D 1860
cents, payable on or before the
this behalf, thereupon be and he is hereby authorized and required to execute and deliver to said
Steitz
thereunder by him held together with all the right of him, the said
divided if any as may be declared upon the claim or notes upon which such judgment is founded, by
and to enter the assignment of such judgment upon the margin of the record thereof: the said obligation of
said
manner as other evidences of debt heretofore received by him: and further, that the sum of two hun
dred and fifty dollars be and the same is hereby allowed to said Receiver out of the moneys in his hands
as compensation for his services heretofore rendered in this behalf: and further that the said
he is hereby authorized and required to apply the further sum of forty two dollars and thirty five cents out of
the moneys in his hands to the payment of the several amounts due for costs as specified in said report and
in Exhibit B filed therewith; and that said
claims held by him as such and that he make further report of his acts and proceedings in this behalf.
Petition.
Now come the parties, by their respective attorneys, and waiving a
Jury submit this cause to the Court upon the pleadings and proofs
and the trial progresses and the plaintiff dismisses this suit as to
the plaintiff and assess his damages at the sum of one hundred dollars. It is therefore considered by
the court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assessed
and also his costs herein expended and have execution therefor.
On account.
Now come the plaintiffs and the defendant,
by their respective attorneys, and the plaintiff dismisses their
suit as to the defendant,
required this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard
and considered the same doth find for the plaintiffs and assess their damages at the sum of five hundred and
forty six dollars and thirty nine cents. It is therefore considered by the Court that the plaintiff recover of
the defendant the damages aforesaid inform aforesaid as assessed and also their costs herein expended and
have execution therefor. The defendant files a motion for a new trial which motion, by consent of parties
is continued to the next term of this Court.
Answer to order for production of books filed.
Affidavit of partnership filed.
The defendant files an affidavit for an appeal and also a bill of ex
ceptions, and, on his motion, an appeal is allowed him to the Supreme
Court from the judgment herein rendered and he thereupon files on
appeal bond which is approved by the Court.
The plaintiff file an affidavit and on their motion an appeal is
allowed them to the Supreme Court from the judgment herein
rendered, and they thereupon file an appeal bond in the sum of three
hundred dollars with
well
Petition.
Now come the parties, by their respective attorneys, and waiving a Jury submit this
cause to the Court upon the pleadings and proofs and the Court having duly heard
and considered the same and being fully advised of and concerning the premises doth
find the issues herein joined in favor of the defendant. It is therefore considered by the Court that the
plaintiff take nothing by his suit in this behalf but that defendant go hence without day and recover
of the plaintiff his costs herein expended and have execution therefor. The plaintiff files a motion for a
new trial which being seen heard and fully considered by the Court is overruled. By consent of parties until
the
The defendant file an affidavit for an appeal, and on their motion, and appeal
is allowed them to the Supreme Court from the judgment herein rendered
and they thereupon file an appeal bond in the sum of five thousand five
hundred and one dollars, with
as securities, which bond is approved by the Court.
By consent of parties twenty days are given defendant to file a bill
of exceptions and take an appeal herein.
The defendants file an affidavit and also a prayer for an appeal, and on
their motion, the Court doth grant them an appeal to the Supreme Court
from the decision herein rendered, whereupon
Chambers
severally acknowledge themselves indebted to
dollars, to be levied of their respective good and chattels, land and tenements; yet upon the condition
that if the said appellants will prosecute their appeal with due diligence, to a decision in the Supreme
Court; and that if the judgment appealed from is affirmed, other appeal dismissed, they will pay what
ever of debt, damages and costs, have been recovered against by the judgment of the Circuit Court, together
with the interest that shall grow due thereon, or that they will otherwise perform the judgment of the
Circuit Court, and that they will also pay the costs and damages that may be adjudged against them
in the Supreme Court upon their appeal, and that they will also stay waste, then this recognizance to
be void, otherwise to be and remain in full force and virtue.
The defendant files a bill of exceptions.
The defendant files a bill of exceptions.
Bill of Exceptions filed.
Court met pursuant to adjournment. present as before.
The motion of
judgment being heard and fully considered by the Court is sustained; and
the default against the said
defendants are accordingly set aside and vacated. Until the first day, and in
cluding said day, is given defendant
judgment set aside on payment of all costs. Answer of
It is ordered by the Court that the order sustaining the demurrer herein be and the
same is hereby vacated.
On motion of the attorney for plaintiff a dedimus is awarded plaintiff.
Continued on affidavit at defendants costs.
The demurrer to the petition herein being heard and fully considered by the Court
is overruled. Until the eleventh instant is given defendant to answer.
Until the eleventh instant is given the defendants to answer.
Order for Production of Books and Papers.
It appearing to the Court that the order for production of books and
papers has not been fully executed, therefore, on motion of the plaintiff,
by his attorney, it is ordered that the defendant,
shall produce to the plaintiff or his attorney, all books and papers containing proceedings of the committee
of geranee or proceedings of the general assembly of the Icarien Community, at the office of
and
tiffs attorney, also to produce the same on the trial of this cause or that he show cause why he shall
not produce such books and papers.
This cause is continued to the next teem of this Court.
Confession of Judgment.
Now comes the plaintiff, by its attorney, and also comes the defendant
and filed his statement, duly verified by affidavit, whereby he confessed
himself indebted to the plaintiff in the sum of six thousand eight hun
dred and seventy four dollars and forty five cents and authorized the en
tering up of Judgment against him in favor of the plaintiff for the amount. It is therefore considered
by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as confessed
and also its costs herein expended and have thereof execution: and it is ordered that this judgment bear
interest at the rate of eight per cent per annum from the date until paid.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the state
ment of the defendants duly verified by affidavit, whereby
they confess themselves indebted to the plaintiffs in the sum
of twenty three hundred and seventy two dollars and forty
seven cents and authorize the entering up of judgment against them in favor of the plaintiffs for
that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants
the debt aforesaid in form aforesaid as confessed and also their costs herein expended and have ex
ecution therefore :and it is ordered that this judgment bear interest as follows: four hundred
and ninety three dollars and eighty three cents thereof at the rate of ten per cent per annum from
this date: four hundred and ninety three dollars and twenty one cents, at the rate of ten per
cent per annum from the
hundred and eighty five dollars and forty three cents, at the rate of ten per cent per annum from
the
The plaintiff files a motion for a new trial which motion by consent of
parties is continued to the next teem.
Defendants file an affidavit for an appeal and an appeal is granted them
to the supreme Court from the judgment herein rendered.
Defendant files a motion for an order on Sheriff
to the next term.
Now come the parties, by their respective attorneys, and by leave of
Court file an agreement for extension of time to file bill of excep
tions and perfect appeal, thereupon the said garnishees file separate
affidavits for appeal, and on their motion an appeal is allowed
each of them to the supreme Court from the judgment herein.
Now come the parties, by their respective attorneys, and by leave
of Court file an agreement extending the time for filing bill of
exceptions and perfecting appeal and also file, by leave, an agree
ment to abide in the supreme Court the decision rendered
in the case of
and thereupon said garnishees file separate affidavits for appeal, and an appeal is allowed each of them to
the supreme Court from the judgment herein.
The defendant files an affidavit for appeal, and on her motion an appeal is
allowed her to the supreme Court from the judgment herein rendered.
Satisfaction.
Now comes the plaintiff, by
received full and entire satisfaction of the judgment herein on the
November, A D 1846
Depositions for plaintiff opened and filed.
Depositions for defendant opened and filed.
The defendants file a motion for a new trial which being seen heard and fully con
sidered by the Court is overruled: and the defendants file a bill of executions
and an affidavit for appeal and an appeal is allowed them to the Supreme Court
from the judgment herein, and they thereupon file an appeal bond in the sum of two hundred and fifty dollars, with
Depositions for plaintiff opened and filed.
The plaintiffs file a bill of exceptions herein.
The defendant files an answer and a counter claim herein.
On account.
Now come the parties, by their respective attorneys, and waving a
Jury submit this cause to the Court upon the pleadings and proofs
and the Court having duly heard and considered the same doth find
for the plaintiff on the claim against the defendant the sum of
one hundred and forty one dollars and thirty seven cents but doth
further find that there is due the defendant upon his set off an amount exceeding the claim of the plaintiff
which excess amounts the sum of seventy nine dollars and forty six cents. It is therefore considered by
the Court that the plaintiff recover of the defendant nothing by his suit in this behalf but that the defendant
go hence without day and recover of the plaintiff his costs herein expended and have execution therefore.
Now at this day comes the petitioner
praying for a certificate of the Court that Land Warrant No 58011 (fifty
eight thousand and eleven) for 160 acres issued to
by the Commissioner of the Geneva C Land Office, and he also files his amended affidavit in aid of his
application: and it appearing to the Court from the proof so offered that a clerical error had been
committed in the proof presented to this Court hereto fore un this matter as also in the certificate granted
by the Court hereto fore, to wit; on the
given as 38011, instead of 58011, which now is shown to the Court to be the correct number of and Warrant;
Whereupon it is ordered to be certified and the Court does herby certify in correction of the certificate
granted on the
eleven (58011)for 160 acres issued to
The defendant, by
fidavit for an appeal and on his motion an appeal is allowed him to the supreme
Court from the judgment herein and he thereupon files an appeal bond in the sum
of seven hundred and fifty dollars, with
and
Defendant files motion to set aside judgment and an affidavit and also motion in arrest.
until and including the first day of next term is given him to file affidavits. Motions continued.
until the next teem of this Court.
It is ordered by the Court that all causes and motions remaining an disposed of at the present
term be continued to the next teem of this Court.
It is ordered by the Court that the entry of judgment made herein
on this day set aside and vacated.
On account.
Now come the parties by their respective attorneys and waiving
a Jury submit this cause to the Court upon the pleadings and
proofs and the Court having duly heard and considered the
same doth find for the plaintiff on his claim the sum of
one hundred and forty one dollars and thirty seven cents but
doth find that there is due the defendant upon his set off a sum equal to the claim of the plaintiff.
It is therefore considered by the Court that the plaintiff recover of the defendant nothing by his suit
in their behalf but that the defendant go hence without day and recover of plaintiff his costs herein expended and have thereof execution.
Ss; Be it remembered, that at a term of the St Louis Circuit
Court begun and held at the City of St Louis, within and for the County
of St Louis, on the first Monday of February, being the sixth day of said
month, in the year of our Lord one thousand eight hundred and sixty, were present Hon
Bruckinridge
Defendants file an answer herein.
Defendants file a Plea in abatement.
Defendants file a Plea in abatement.
Defendants file a Plea in abatement.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered hat this cause
be dismissed at plaintiffs costs and that execution issue therefor. The
plaintiffs by leave of Court withdraw the policy sued on.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered hat this cause
be dismissed at plaintiffs costs and that execution issue therefor. The
plaintiffs by leave of Court withdraw the exhibit sued on.
Interrogatories filed
Interrogatories filed.
Answer filed.
Exhibit filed.
Interrogatories filed.
Answer filed.
Demurrer filed.
Demurrer filed.
Demurrer filed.
Answer and cross bill filed.
Answer and exhibit and motion for security for cost filed.
Motion for security for costs and demurrer filed.
Defendants
Defendants
Defendant
Interrogatories filed.
Interrogatories filed.
Answer of several of the defendants filed.
Defendants file a motion for security for costs herein.
Defendant,
Defendant,
of books and papers.
Defendants.
Defendant.
Defendants,
Defendant
Defendant
Defendants
Defendant
Answer filed.
Defendant
Answer filed.
Plaintiff by leave of Court files an amended affidavit, and defendant file a mo
tion to dismiss.
Answer filed.
Answer filed.
Interrogatories filed.
Interrogatories filed.
Motion for security for costs filed.
Answer filed.
Plaintiffs by leave of Court file an amended affidavit.
The defendant files a Plea in abatement.
Dismissal.
On motion of the plaintiff, by her attorney it is ordered by the Court that this
cause be dismissed at her costs and that execution issue therefor.
Proof Service.
Comes the plaintiff, by his attorney, and files proof satisfactory to the Court of
service of notice of suit and copy of petition upon defendant,
Dismissal.
On motion of he plaintiffs, by their attorney, it is ordered that this cause be dis
missed at their costs and that execution issue therefor.
Proof of Publication.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court that
the order of publication hereto for made herein has been published according to law.
On motion of the defendants, by their attorney, until the thirteenth in
stant us given them to answer.
Proof of Publication.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the
Court that the order of publication made herein has been published
according to law.
On motion of the defendant, by his attorney, ten days additional time are given him to
answer.
Order for Delivery.
The plaintiff comes and files a petition and affidavit, according to law claiming the
possession of certain personal property therein described; wherefore it is ordered that the
defendant deliver the property specified in said affidavit to the Sheriff of St Louis County
and said Sheriff is hereby directed if said property be not delivered to him to take it from the defen
dant and deliver it to the plaintiff.
Proof of Service.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court
of service of notice of suit and copy of petition upon the defendants.
Demurrer and motion to dismisses filed.
Answer filed.
Interrogatories filed.
Interrogatories filed.
Defendant files affidavits in support of motions.
Answer filed.
Answer filed.
Defendant,
The defendants file separate answers.
The defendants file separate answers.
The defendants file separate answers.
The defendants file separate answers.
Court met pursuant to adjournment. Present as before.
The plaintiff files a bond for costs with
is approved by the Court.
Dismissal.
On motion of plaintiff, by his attorney, it is ordered by the Court that this cause
be dismissed at plaintiffs costs and that execution issue therefor.
On motion of defendant,
given him to answer.
On motion of he plaintiffs, by their attorneys, it is ordered by the Court that
this cause be dismissed at plaintiffs costs and that execution issue therefor, and
this cause is continued.
Proof of Publication.
Now at this day comes the plaintiff, by her attorneys, and
files proof satisfactory to the Court that the order of publi
cation heretofore made herein has been duly published accor
ding to law.
On motion of the plaintiff by attorney, a dedimus is awarded him to
Tennessee.
On motion of defendant,
time are given him to answer.
On motion of defendant,
time are given him to answer.
On motion of defendants,
their attorney, ten days additional time are given them to answer.
On motion of the defendants,
ten days additional time are given them to answer.
On motion of the defendants, by their attorney the time for answering herein is exten
ded ten days.
On motion of defendants, by attorney, the time for answering is extended ten
days.
On motion of defendant, by attorney, the time for answering herein is extended
ten days.
By leave of Court first had and obtained plaintiff amends his petition by
changing the name of plaintiff from "
Motion to dismiss filed.
Depositions for plaintiffs opened and filed.
Depositions for defendants opened and filed.
Defendant
Defendants
Demurrer filed.
Answer and Counterclaim filed.
Quo Warrants.
Now come the parties by their respective attorneys, and submit this
cause to the Court upon the pleadings proofs and agreed case and
the Court having duly heard and considered the same doth find the
issues herein joined in favor of the defendant. It is therefore consid
ered by the Court that the plaintiff take nothing by its suit in this behalf but that the defendant go
hence without day and recover of said relater,
cution therefor.
Defendants,
Answer filed.
Interrogatories filed.
Answer filed.
Interrogatories filed.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and also comes the defendant, imperson,
and files his statement in writing duly verified by affidavit confessing himself in
debted to the plaintiffs in the sum of ten thousand five hundred and eighteen dol
lars and authorizing the entering up of judgment against him in favor of the plaintiffs
for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the
debt aforesaid in form aforesaid as confessed and also their cost herein expended and have thereof execution.
Answer filed.
Interrogatories filed.
Defendants file a motion for additional security on the attachment bond.
Defendant,
Defendant,
Defendants,
Demurrer filed.
Answer filed.
Defendant,
Defendant,
Defendant files a motion for security for costs and an answer.
Answer filed.
Answer filed.
Answer filed.
Demurrer filed.
Defendant files a motion for security for costs and an answer.
Interrogatories filed.
Interrogatories filed.
Answer filed.
Defendant,
Answer filed.
Defendant,
Motion for security for costs filed.
Answer filed.
Interrogatories filed.
Answer filed.
Interrogatories filed.
Interrogatories filed.
Defendant,
Answer filed.
Answer and Exhibit filed.
Answer filed.
Defendants
Interrogatories filed.
Answer filed.
Defendant
Demurrer filed.
Demurrer filed.
Defendant,
Interrogatories filed.
Defendant
Defendants file a motion to dismiss this suit.
Answer filed.
Answer of
Answer of
Security for costs filed.
Answer filed.
Demurrer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Defendants file a motion for security for costs and separate answers herein.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Motion to dismiss filed.
Answer filed.
Answer filed.
Interrogatories filed.
Motion to dismiss filed.
Continued to next term on application of State.
On Indictment for Rioting.
Now at this day comes
cutes for the State and by leave of Court says he will not further prosecute said
indictment against said defendants but voluntarily suffer the same to be discon
tinued: therefore it is considered by the Court that the said defendants be acquitted
and go hence without day.
Court met pursuant to adjournment. Present as before.
Order for production of book.
The defendants petition for an order for production of book being
heard and fully considered by the Court, it is ordered that the
plaintiff
the book containing their account with defendant or show cause
why the same should not be produced.
The time for answering herein is extended to the eleventh instant.
The time for answering herein is extended to the thirteenth instant.
Proof Service.
Now come the plaintiffs, by their attorney, and file satisfactory proof of service of copy
of petition and notice of suit upon defendant,
Proof of Publication.
Comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the
order of publication made herein has been published according to law.
Until the eighteenth instant is given said garnishee to answer.
Default.
Now comes the plaintiff, by its attorney, but the defendant,
and
not but make default, wherefore, on motion of plaintiff, the petition
herein is taken against said defendants as confessed.
Default.
Now come the plaintiff, by its attorney, but the defendant,
duly summoned and called, comes not but makes default, wherefore the petition
herein is taken against him as confessed.
One week additional time is given to answer herein.
Default.
Now comes the plaintiff, by its attorney, but the defendant,
mann
wherefore the petition herein is taken against him as confessed.
Plaintiffs file a bond for costs with
is approved by the Court.
Default.
Now come the plaintiffs, by their attorney, but the defaults, although duly
summoned and called come not but make default, wherefore the petition
herein is taken against them as confessed.
Default.
Now comes the plaintiff, by his attorney, but the defendants
Garlichs
not but make default, wherefore the petition is taken against them as confessed.
Continued on affidavit at defendants costs.
Dismissal.
On motion of plaintiff, by his attorney it is ordered that this cause be dismissed
at his costs and that execution issue therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause dismissed
at the costs and that execution issue therefor.
Dismissal.
The plaintiff having failed to file security for costs within the time allowed him as
to do, therefore on motion of the defendant, by his attorney, it is ordered that this
cause be dismissed at plaintiffs costs and that execution issue therefor.
Dismissal.
On motion of plaintiff, by attorney, it is ordered that this suit be dis
missed at plaintiffs costs and that execution issue therefor. Plaintiff, by
leave of Court, withdraws the bondsuedon.
Dismissal.
On motion of plaintiff, by attorney, it is ordered this cause be dismissed
at plaintiffs costs and that execution issue therefor. Plaintiff, by leave of
Court, withdraws the bond sued on.
The demurer to the petition being heard and fully considered by
the Court it is ordered that said demurer as to jurisdiction be
overruled and as to form of pleading be sustained. Six days are
given the plaintiff to amend.
The demurer to the petition being heard and fully considered
by the Court it is ordered as to jurisdiction and as sustained as
to the form of pleading. Six days are given the plaintiff to
amend.
Dismissal
On motion of the plaintiffs, by their attorney, it is ordered by the Court that
this cause be dismissed at plaintiffs costs and that execution
Now come the parties and file an agreement, and the Court appoints John Jackson
next friend and gaurdian ad liten of plaintiff and said Jackson files his acceptance
of said appointment
Now come the parties, by their respective attorneys and file an agreement and the
Court appoints John Jackson next friend and guardian ad liten of plaintiff and
said Jackson files his acceptance of said appointment.
Dismissal
On motion of the plaintiff by his attorney it is ordered by the Court that this
cause be dismissed at plaintiffs costs and that execution
by leave of Court withdraw the note sued on.
On motion of plaintiffs it is ordered that an alias summons
Rludas and Rurrach
On motion of plaintiffs it is ordered that an alias summons
Dismissal
On motion of plaintiff by attorney it is ordered that this cause be
at plaintiffs costs and that execution
withdraws the original order sued on.
The plaintiff files a motion for writ of rendition expends by which being
seen heard and fully considered by the Court it is ordered that a
writ of rendition exponas
as prayed in said
Dismissal
On motion of plaintiff by attorney it is ordered by the Court that
this cause be dismissed at plaintiffs costs and that execution
Dismissal
On motion of plaintiff, by attorney, it is ordered by the Court that this cause
be dismissed at plaintiffs costs and that execution
Answer filed.
Interrogatories filed
Depositions for plaintiff opened and filed.
In compliance with an order of this Court made in the matter and
upon filling of the first report of said receivership, to wit, on the
day of February A D 1860
to have received on account of the judgment in the above entitled cause
the sum of two hundred and seventy seven dollars and ninety cents, being the proceeds of a judgment obtained
by him as such Receiver in said Circuit Court against
Company
that a credit be entered upon said judgment first above mentioned of two hundred and seventy seven
dollars and ninety cents as of the
Now at this day the said plaintiff come in Court and in pur
suance of the order heretofore made by the Court upon him as
such
entered upon the judgment heretofore obtained in this cause in
this court, to wit; upon the
hundred and thirty two dollars as of the date of rendition of said judgment and said plaintiff further
shows to the Court that in compliance with the further order of the Court upon him as such
he has assigned to
said judgment and the remaining amount due thereon, and acknowledge to have received from said
and Shaw their obligation for ten hundred and ninety six dollars and sixteen cents payable in said
order required as the consideration of said assignment; which is approved by the Court.
Defendant
Said defendant
Said defendant
Demurer filed.
Answer filed.
Depositions for plaintiff opened and filed.
Interrogatories filed.
Deposition for defendants opened and filed.
Motion for security for costs filed.
Reply filed.
for that purpose, acknowledges in open Court the execution of a deed to
in said deed mentioned.
Interrogatories filed.
Interrogatories filed.
Motion to strike out parts of petition filed.
Interrogatories filed.
Motion to strike out answer and for
judgment filed.
The plaintiffs interrogatories, and the Pacific Rail Road, garnishee, files on
answer thereto, and the plaintiff files a denieal of said answer.
Motion for security for costs filed.
Said defendant files an
answer.
Plaintiff files a motion to strike out the answer herein.
Motion to strike out answers filed.
Answer of Jones filed.
Said defendant
The defendant
The defendant
Said defendant
Said defendant
Said defendant
Said defendant
On Note.
Now come the plaintiffs, by their attorneys, but the defendant, although
duly summoned and called comes not but make default, wherefore
the petition herein is taken against him as confessed; and the court
finds from the instrument in writing on which this action is founded
that the defendant is indebted to the plaintiffs in the sum of first thousand and fifty five dollars and eighty four
cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in
form aforesaid as found and also their costs in this behalf expended and have execution therefor: and it is ordered
that this judgment bear interest at the rate of ten per cent per annum from this date until paid.
On Note.
Now come the plaintiffs, by their attorneys, but the defendant, al
though duly summoned and called comes not but make default
wherefore the petition herein is taken against him as confessed;
and the court finds from the instrument in writing on which
this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and forty dol
lars and sixty seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the
debt aforesaid in form aforesaid as found and also its costs herein expended and have execution therefor.
On Note.
Now come the plaintiff, by his attorney, and dismisses this suit as to the
defendants
counterclaim of forty three dollars and fifty cents set up in the answer of
defendant, moves the Court for judgment said answer, which after due
consideration by the Court is sustained: and the Court finds that after deducting the said Counter claim, the
defendant,
count of the instrument in writing on which this action is founded. It is therefore considered by the Court
that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and also his costs herein
expended and have execution therefor. And the plaintiff files an assignment of said judgment to
Thereupon comes the defendant
On Note.
Now comes the plaintiff, by his attorney, but the defendants although
duly summoned and called come not but make default, wherefore
the petition is taken against them as confessed: and the Court
finds from the instrument in writing on which this action is
founded that the defendants are indebted to the plaintiff in the sum of three hundred and ninety six dollars and
sixty five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid
in form aforesaid as found and also its costs herein expended and have execution therefor.
On Note.
Now come the plaintiff, in person, but the defendant although duly summoned and
called comes not but makes default, wherefore the petition herein is taken against him
as confessed: and the Court finds from the instrument in writing on which the action is
founded that the defendant is indebted to the plaintiff in the sum of two hundred and twenty nine dol
lars and seventy five cents. It is therefore considered by the Court that the plaintiff recover of the defendant
the debt aforesaid in form aforesaid as found and also his costs herein expended and have thereof execution.
Order of Publication.
On motion of the plaintiffs, by their attorney, it is ordered that the
defendant be notified that a civil action has been commenced against
him for the sum of two hundred and seventy five dollars and
thirty three cents on account of goods waves and merchandize sold
and delivered by the plaintiffs to the firm of
been attached and unless he appear at the next term of this Court to be begun and held at the City of St Louis
within and for the County of St Louis on the last Monday of September next and on or before the third day
thereof answer to the action aforesaid according to law, judgment will be rendered against him and his property
sold to satisfy the same. And it is further ordered that a copy hereof be published according to law in the St Louis
Herald a newspaper printed and published in the City of St Louis.
On account.
Now come the plaintiff by their attorney, and also comes the defendant and files an answer
confessing himself indebted to the plaintiffs in the sum of one hundred and twenty dollars
and sixty five cents. It is therefore considered by the Court that the plaintiffs recover of the
defendant the damages aforesaid in form aforesaid as confessed and also their costs herein ex
pended and have execution therefor.
On Note.
Now come the plaintiffs, by their attorney, but the defendants although duly summoned
and called come not but make default, wherefore the petition herein is taken against
them as confessed: and the Court finds from the instrument in writing on which
this action is founded that the defendants are indebted to the plaintiff in the sum
of three hundred and fourteen dollars and ninety cents. It is therefore considered by the Court that the plaintiff recover
of the defendants the debt aforesaid in form aforesaid as found and also the costs herein expended and have thereof execution.
Order of Sale.
from which it appears that the keeping of the property attached under the writ herein will
be attended with great lose and upon before the probable termination of this suit and
the said property is like to depreciate in value; it is therefore ordered that the said Sheriff sell said property accor
ding to law and that he make a report of his proceedings under this order on or before.
On Note.
Now come the plaintiffs, by their attorney, but the defendant, although duly
summoned and called comes not but make default, wherefore the petition
herein is taken against him as confessed: and the Court find from the
instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of
three hundred and sixty dollars and three cents. It is therefore considered by the Court that the plaintiffs recover
of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
On Note.
Now come the plaintiff by his attorney, but the defendants, although duly summoned and
called come not but make default, wherefore the petition herein is taken against them
as confessed: and the Court finds from the instrument in writing on which this action
is founded that the defendants are indebted to the plaintiff in the sum of two hun
dred and ninety four dollars and one cent. It is therefore considered by the Court
that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as confessed and also his costs
herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called comes not but makes default, wherefore
the petition herein is taken against him as confessed; and the
Court finds from the instruments in writing on which this action
is founded that the defendant is indebted to the plaintiffs in the sum of ten hundred and twenty four dollars
and forty three cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the
debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although duly
summoned and called come not but make default, wherefore the petition
herein is taken against them as confessed; and the Court finds from
the instrument in writing on which this action is founded that the defen
dants are indebted to the plaintiff in the sum of three hundred and twenty three dollars and fifty five cents.
It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid
as found and also his costs herein expended and have execution therefor.
On Bill of Exchange.
Now comes the plaintiff, by its attorney, but the defendant, although duly summoned
and called comes not but makes default, wherefore the petition herein is taken against
him as confessed: and the Court finds from the instrument in writing on which
this action is founded that the defendant is indebted to the plaintiff in the sum of fourteen hundred and eighty
dollars and fifty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendant
the debt aforesaid in from aforesaid as found and also its costs herein expended and have thereof execution.
On Note.
Now comes the plaintiff, by its attorney, but the defendant, although duly
summoned and called comes not but makes default, wherefore the petition herein
is taken against them as confessed: and the Court finds from the instruments
in writing on which this action is founded that the defendant is indebted to
the plaintiff in the sum of thirteen hundred and seventy nine dollars and forty
six cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form
aforesaid as found and also his costs herein expended and have execution thereof.
On Note.
Now comes the plaintiff, by its attorney, but the defendant, although duly summoned and
called comes not but makes default, wherefore the petition herein is taken against him as
confessed: and the Court finds from the instruments in writing on which this action is founded
that the defendant is indebted to the plaintiff in the sum of one hundred and sixty three dollars and sixty two
cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in
form aforesaid as found and also his costs herein expended and have execution thereof.
On Note.
Now comes the plaintiff, by his attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the petition herein is taken
against them as confessed: and the Court finds from the instruments in writing on which this action is founded that the defendant
is indebted to the plaintiff in the sum of two hundred and five dollars and thirty three cents. It is therefore considered by the
Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and also his costs herein expended and have execution thereof.
On Bill of Exchange.
Now come the parties, by their respective attorneys, and the defendant withdraws
his answer herein and the parties agree that judgment may be rendered in favor of
the plaintiffs and against the defendant for the sum of five hundred and five
dollars and nine cents. It is therefore considered by the Court that the plaintiffs
recover of the defendant the debt aforesaid in form aforesaid as found and also their costs in this be
half expended and have execution therefor.
On Note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned
and called comes not but makes default, wherefore the petition herein is taken against him
as confessed; and the Court finds from the instrument in writing on which this action is
founded that the defendant is indebted to the plaintiff in the sum of one hundred and seventy three dollars
and eleven cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt
aforesaid in form aforesaid as found and also his costs herein expended and have thereof execution.
On Note.
Now comes the plaintiff, by his attorney, and also come the defendants
and being now solemnly called come not but make default, wherefore the petition herein
is taken against them as confessed: and the Court finds from the instrument in wri
ting on which this action is founded that the defendants are indebted to the plaintiff
in the sum of two hundred and thirty one dollars and five cents. It is therefore considered by the Court that the
plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and also his costs herein expended
and have thereof execution.
On Note.
Now comes the plaintiff, by his attorney, but the defendant although duly summoned
and called comes not but makes default, wherefore the petition herein is taken against
him as confessed; and the Court finds from the instrument in writing on which this
action is founded that the defendant is indebted to the plaintiff in the sum of three thousand three hundred
and sixty dollars. It is therefore considered that the plaintiff recover of the defendant the debt aforesaid in form
aforesaid as found and also his costs herein expended and have execution therefor.
On Notes.
Now comes the plaintiff, by his attorney, but the defendant although duly summoned
and called comes not but makes default, wherefore the petition herein is taken against
them as confessed; and the Court finds from the instrument in writing on which this
action is founded that the defendant are indebted to the plaintiff in the sum of ten
hundred and fifty five dollars. It is therefore considered by the Court that the plaintiff recover of the defen
dant the debt aforesaid in form aforesaid as found and also his costs herein expended and have therefor execution.
On Note.
Now comes the plaintiff, by his attorney, but the defendant al
though duly summoned and called, comes not but makes default
wherefore the petition herein is taken against him as confessed;
and the Court finds from the instrument in writing on which
this action is founded that the defendant are indebted to the
plaintiffs in the sum of two hundred and forty eight dollars and eighty five cents. It is therefore consid
ered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found
and also their costs in this behalf expended and have execution thereof and it is ordered that this judg
ment bear interest at the rate of ten per cent per annum from this date until paid.
On Note.
Now come the plaintiffs, by their attorney, but the defen
dants, although duly summoned and called come not but
make default, wherefore the petition herein is taken against
them as confessed: and the Court finds from the instru
ment in writing on which this action is founded that the defendants are indebted to the plaintiffs in the
sum or three hundred and fifteen dollars and fifty cents. It is therefore considered by the Court that
the plaintiffs recover of the defendants the debt aforesaid inform aforesaid as found and also their costs
herein expended and have execution therefor.
On Note.
Now comes the plaintiffs, by their attorney, and dismisses this suit as to
the defendant,
duly summoned and called comes not but make default, wherefore the
petition herein is taken against him as confessed: and the Court finds
from the instrument in writing on which this action is founded that the defendant are indebted to the plain
tiffs in the sum or two hundred and ten dollars and twenty five cents. It is therefore considered by the
Court that the plaintiffs recover of the defendants the debt aforesaid inform aforesaid as found and also
his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiffs, by their attorney, although duly summoned
and called comes not but make default, wherefore the petition herein is taken against
him as confessed: and the Court finds from the instrument in writing on which this
action is founded that the defendant is indebted to the plaintiff in the sum of five hundred and fifty four
dollars and eight cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the
debt aforesaid inform aforesaid as found and also his costs herein expended and have therefor execution.
On Bill of Exchange.
Now come the plaintiffs, by their attorneys, and file satis
factory proof that the order of publication has been pub
lished, according to law, and dismiss this suit as to the defen
dants,
defendants,
H Gratz
taken against them as confessed: and the Court finds from the instrument in writing on which this action
is founded that the defendants are indebted to the plaintiffs in the sum of Six hundred and thirty nine
dollars and fifty one cents. It is therefore considered by the Court that the plaintiffs recover of the defen
dants the debt aforesaid in form aforesaid as found and also their costs in this behalf expended and
have execution therefor.
On Note.
Now come the plaintiffs, by their attorneys, but the defen
dants, although duly summoned and called come not but
make default, wherefore the petition herein is taken against
them as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendant are indebted to the plaintiffs in the sum of
one hundred and seventy dollars and forty two cents. It is therefore considered by the Court that the
plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs in
this behalf expended and have thereof execution.
On note.
Now comes he parties, by their respective attorneys, and file an agreement and
consent and agree that judgment may be rendered herein in favor of the plain
tiff for the sum of four hundred and fifteen dollars and twelve and one half
cents. It is therefore considered by the court that the plaintiff recover of the
defendants the debt aforesaid as agreed upon and his costs herein expended and
have execution therefor: and it is ordered that this judgment bear interest at the rate of ten per cent per
annum from this date. By consent of parties execution is stayed four months from this date.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and
called comes not but makes default, wherefore the petition herein is taken against him as
confessed; and the Court finds from the instrument in writing on which this action is foun
ded that the defendant is indebted to the plaintiff in the sum of five hundred and fort four dollars and fifty
cents. It is therefore considered by the Court that the plaintiff recover of her defendant the debt aforesaid in form
aforesaid as found and his costs herein expended and have thereof execution; and it is ordered that this judgment
bear interest at the rate of eight percent per annum for this date.
On note.
Now comes the plaintiffs, by his attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds from the instrument in wri
ting on which this action is founded that the defendant is indebted to the plaintiff
in the sum of two hundred dollars and ninety four cents. It is therefore considered by the Court that the plain
tiff recover of her defendant the debt aforesaid in form aforesaid as found and also their costs herein expended
and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defen
dant
moned and called cones not but makes default, wherefore the petition herein is taken
against him as confessed; and the Court finds from the instrument in writing on which
this action is founded that the defendant is indebted to the plaintiff in the sum of five hundred and sixty five
dollars and thirty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the
debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor: and it is
ordered that this judgment bear at the rate often percent per annum from this date until paid.
On note.
Now comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called comes not but makes
default, wherefore the petition herein is taken against them
as confessed; and the Court finds from the instrument in
writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of seven hund
dred and eighty nine dollars and forty seven cents. It is therefore considered by the Court that the plaintiff
recover of the defendant the debt aforesaid in form aforesaid as found and also his costs herein expended
and have execution therefor.
On Bills of Exchange.
Now comes the plaintiff, by his attorney, but the defendants, although duly sum
moned and called comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds from the instrment in
writing on which this action is founded that the defendant is indebted to the
plaintiff in the sum of five hundred and thirty eight dollars and sixty cents. It is therefore considered
by the Court that the plaintiff recover of her defendant the debt aforesaid in form aforesaid as found
and his costs herein expended and have execution therefor.
On note.
Now come the parties, by their respective attorneys, and the defendant,
Charleville
and the parties waiving a Jury submit this cause to the Court upon the pleadings
and proofs and the Court doth find thereform that the defendants are indebted
to the plaintiff in the sum of eleven hundred and seventeen dollars and sixty
four cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid
in form aforesaid as found and also his costs herein expended and have thereof execution; and it is ordered by
the Court that this judgment bear ten per cent per annum interest from this date.
On Bills of Exchange.
Now comes the plaintiff, by his attorney, but the defendants, although duly
summoned and called comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds from the instrument in
writing on which this action is founded that the defendant is indebted to the plain
tiffs in the sum of two hundred and seventy four dollars and twenty three cents. It is therefore considered by the
Court that the plaintiff recover of her defendant the debt aforesaid in form aforesaid as found and his costs
herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants, al
though duly summoned and called comes not but makes default, where
fore the petition herein is taken against them as confessed; and the Court
finds from the instrument in writing on which this action is founded that
the defendant is indebted to the plaintiffs in the sum of four hundred and eight dollars and sixteen cents. It
in therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid
as found and also their costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly
summoned and called comes not but makes default, wherefore the petition
herein is taken against them as confessed; and the Court finds from the instrum
ent in writing on which this action is founded that the defendant are
indebted to the plain
tiffs in the sum of two hundred and sixty four dollars and ninety cents. It is there
fore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form afore
said as found and also its costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their attorney, an dismiss
this suit as to the defendant,
dants,
Diefenbach
moned and called comes not but makes default, wherefore
the petition herein is taken against them as confessed; and the Court finds from the instrument in
writing on which this action is founded that the defendant are indebted to the plaintiffs in the sum of
seven hundred and thirty five dollars and seventy seven cents. It is therefore considered by the Court
that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also
their costs herein expended and have execution therefor.
On Notes.
Now come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called comes not but makes default, wherefore the
petition herein is taken against him as confessed; and the Court finds from
the instruments in writing on which this action is founded that the defendant
is indebted to the plaintiffs in the sum of four thousand six hundred and sixty three dollars and thirty five
cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid
in form aforesaid as found and also their costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the petition herein is ta
ken against him as confessed; and the Court finds from the instrument in writing
on which this action is founded that the defendant is indebted to the plaintiffs
in the sum of twelve hundred and sixty eight dollars and eighty cents. It is therefore considered by the
Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also
their costs herein expended and have execution therefor. and it is ordered by the Court that this judg
ment bear interest at the rate of ten per cent per annum.
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit
as to the defendant,
and
but make default, wherefore the petition herein is taken against
them as confessed; and the Court finds from the instrument in writing on which this action is founded
that the defendants are indebted to the plaintiff in the sum of two hundred and twenty two dollars. It is
therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form afore
said as found and also his costs herein expended and have execution therefor.
On Note.
Now come the plaintiff, by its attorney,
but the defendants although duly summoned and called come not but make default,
wherefore the petition herein is taken against them as confessed;
and the Court finds from the instrument in writing on which this
action is founded that the defendants are indebted to the plaintiff in the sum of four hundred and twenty
four dollars and fifty nine cents. It is therefore considered by the Court that the plaintiff recover of the defen
dants the debt aforesaid in form aforesaid as found and its costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their attorney, but the defendant, al
though duly summoned and called comes not but makes de
fault, wherefore the petition herein is taken against him as con
fessed; and the Court finds from the instrument in writing on which this action is founded that the defen
dant is indebted to the plaintiffs in the sum of six hundred and thirty eight dollars. It is therefore con
sidered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as
found and also their costs herein expended and have execution therefor. and it is ordered by the Court that
this judgment bear interest at the rate of ten per cent per annum.
On Note.
Now comes the plaintiff, by his attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds from the instruments in
writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of
two hundred and sixty seven dollar and twenty five cents. It is therefore considered by the Court that
the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein
expended and have execution therefor. and it is ordered that this judgment bear ten percent per annum
interest form this date until paid.
On Note.
Now come the plaintiffs, by attorney, but the defendant, although duly summoned
and called comes not but makes default, wherefore the petition herein is taken against
him as confessed; wherefore the petition herein is taken against them as confessed;
and the Court finds from the instruments in writing on which this action is founded
that the defendant are indebted to the plaintiffs in the sum of five hundred and sixty six dollars and sixty
six cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid
in form aforesaid as found and also their costs herein expended and have execution therefor; and it is ordered that
this judgment bear interest at the rate often percent per annum.
On Bond.
Now come the parties, by their respective attorneys, and also
a Jury, to wit;
who being duly elected tried and sworn the issues herein joined well and truly to try, the trial progresses
and being finished the Jurors aforesaid upon their oaths aforesaid as they find for the plaintiff and assess
his damages at the sum of four hundred and ninety five dollars. It is therefore considered by the Court that
the plaintiff recover of the defendants the sum of eleven hundred and thirty seven dollars, the penalty of the
bond sued on, and also his costs and charges herein expended and that he have execution for the damages
aforesaid in form aforesaid as assessed.
On Note.
Now come the plaintiffs, by her attorney, but the defendant, although duly
summoned and called comes not but makes default, wherefore the petition
herein is taken against him as confessed; and the Court finds from the
instruments in writing on which this action is founded that the defendant
is indebted to the plaintiffs in the sum of five hundred and eight dollars and fifty cents. It is therefore con
sidered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found
and also their costs herein expended and have execution therefor.
On Bill Of Exchange.
Now come the plaintiffs, by their attorney, but the defendant,
although duly summoned and called comes not but make
default, wherefore the petition herein is taken against them as
confessed; and the Court finds from the instruments in
writing on which this action is founded that the defendant
are indebted to the plaintiffs in the sum of eleven hundred and eleven dollars. It is therefore considered by
the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their
costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by his attorney, but the defendant,
although duly summoned and called comes not but make
default, wherefore
the petition herein is taken against them as confessed; and the Court finds from the instruments in writing
on which this action is founded that the defendant are indebted to the plaintiffs in the sum of six hundred
and thirty dollar and thirty three cents. It is therefore considered by the Court that the plaintiffs recover
of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended
and have execution therefor; and it is ordered that this judgment bear ten per cent per annum interest.
On Note.
Now come the plaintiffs, by attorney, but the defendant, although
duly summoned and called comes not but makes default, wherefore the
petition herein is taken against him as confessed; and the Court finds
from the instruments in writing on which this action is founded that
the defendant is indebted to the plaintiffs in the sum of twelve hundred and seventy three dollars. It is there
fore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as
found and also their costs herein expended and have execution therefor; and it is ordered that by the Court that
this judgment bear interest at the rate often percent per annum.
On Note.
Now come the plaintiffs, by their attorney, but the defendant,
although duly summoned and called comes not but makes default,
wherefore the petition herein is taken against them as con
fessed; and the Court finds from the instruments in writing on
which this action is founded that the defendant are indebted
to the plaintiffs in the sum of five hundred and eighty two dollars and thirty two cents. It is therefore con
sidered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found
and also their costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by his attorney, but the defendant, al
though duly summoned and called comes not but make de
fault, wherefore the petition herein is taken against them as
confessed; and the Court finds from the instruments in writing
on which this action is founded that the defendant are indebted to the plaintiffs in the sum of five hundred and
fifty seven dollars and eighty cents. It is therefore considered by the Court that the plaintiffs recover of the defen
dant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor; and
it is ordered that this judgment bear interest at the rate often percent per annum.
On Note.
Now come the plaintiffs, by his attorney, but the defendant, although duly sum
moned and called comes not but make default, wherefore the petition herein is
taken against them as confessed; and the Court finds from the instruments in
writing on which this action is founded that the defendant are indebted to the
plaintiffs in the sum of five hundred and fifty seven dollars and fifty cents. It is therefore considered by the
Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also his costs
herein expended and have execution therefor; and it is ordered that this judgment bear ten per cent percent per annum interest.
Now come the parties, except
ney, and the said defendant to having filed answer to rule for produc
tion of books and papers denying on oath the possession or control
thereof, and the Court heaving heard the evidence offered by the parties, doth order that the said
rule for the production of books and paper be vacated.
such Sheriff in favor of
iel Perreault
of St Louis, State of Missouri; eighteen (18) Feet front on the Western line of Second Street, and running
tack Westwardly from said Second Street one hundred and fifty feet more or less, bounded on the East
by Second Street, on the North by an alley eight (8) feet wide, as required to be opened by the terms of the
will of
from
by said
by virtue of an execution issued from the Office of the Clerk of St Louis Circuit Court in favor of
Morin
1860
by him as such Sheriff in favor of
of
County of St Louis State of Missouri; four lots of ground in East Union addition numbered 39, 40,
41 and 42, of Block no 2 ofsaid addition, ninety seven feet eleven inches on Wright street, by a depth
of one hundred and thirteen feet ten inches to an alley fourteen feet wide, bounded North alley, West
Eighteenth Street, South Wright Street, East lot No 38 belonging to
virtue of an execution issued from the Office of the Clerk of the St Louis Circuit Court in favor of
Monks
him as such Sheriff in favor of
property
of
State Of Missouri; to wit; a lot of land known as Survey 1,909, as confirmed to
depth of one hundred feet un Block No 233, bounded South Spaulding, North Brotherton, East self, and West
Main Street; also fort three feet more or less fronting on Florida street in said block by a depth of one
hundred thirty seven feet and six inches, bounded North McKee, South Florida street, East Gorey, and
West Spaulding, Brotherton and self; Sold under and by virtue of an execution issued from the
Office of the Clerk of he St Louis circuit Court in favor of
Court met pursuant to adjournment. Present as before.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds the instrument in writing
on which this action is founded that the defendant is indebted to the plaintiff in the sum of ninety eight
dollars and sixty five cents. It is therefore considered by the Court that the plaintiff recover of the defen
dant the debt aforesaid in form aforesaid as found also his costs herein expended and have execution therefor.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Deposition for plaintiff opened and filed.
On note.
Now come the plaintiff, by his attorney, and dismisses this suit as to the defen
dants,
moned and called comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds the instrument in writing
on which this action is founded that the defendant is indebted to the plaintiff in the
sum of Two thousand one hundred and eleven dollars, and twenty cents. It is therefore considered by the Court
that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found also his costs herein
expended and have execution therefor.
On note.
Now come the plaintiff, by his attorney, and dismisses this suit as to the defen
dants, Stewart but the defendant,
called comes not but makes default, wherefore the petition herein is taken against
him as confessed; and the Court finds the instrument in writing on which
this action is founded that the defendant is indebted to the plaintiff in the sum of three thousand one
hundred and sixty six dollars and eighty cents. It is therefore considered by the Court that the plaintiff
recover of the defendant the debt aforesaid in form aforesaid as found also his costs herein ex
pended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly
summoned and called comes not but makes default, wherefore on
motion of the plaintiff, the petition herein is taken against the said
defendants as confessed; and the Court finds the instrument in
writing on which this action is founded that the defendant is indebted to the plaintiff in the sum
of two hundred and five dollars and eighty eight cents. It is therefore considered by the Court
that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found also
his costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by its attorney, but the defen
dants, although duly summoned and called, come not
but make default, wherefore the petition herein is taken
against them as confessed; on motion this ordered
that the foregoing interlowtory judgment be set aside and vacated.
on note.
Now comes the plaintiff, by its attorney, and moves the
Court for judgment not with standing the answer herein, which
motion, is taken due consideration by the Court, sustained;
and the Court finds from the instrument in writing on
which this action is founded that the defendants are indebted to the plaintiff in the sum of nine hundred
and fifty dollars and four cents. It is therefore considered by the Court that the plaintiff recover of the
defendants the debt aforesaid in form aforesaid as found and its costs herein expended and have execution therefor.
Default.
Now come the plaintiff, by its attorney, and on its motion the demur
rer of the defendant
dant
the defendant
petition herein is taken against said defendants as confessed.
On note.
Now come the plaintiff, by his attorney, and dismissed this suit as to the defen
dant Stevens, and moves the Court for Judgment notwithstanding the demurrer herein
which motion is after due consideration by the Court sustained; and the Court
finds from the instrument in writing on which this action is founded that the
defendant is indebted to the plaintiff in the sum of eleven hundred and eighty two dollars and fifty eight cents.
It is therefore considered by the Court that the plaintiff recover of the defendant the debt a foresaid in form afore
said as found and also his costs herein expended and have execution therefor.
Proof of Publication.
Now comes the plaintiff, by his attorney, and files proof satisfactory
to the Court that the order of publication made herein has been duly
published according to law.
On note.
Now comes the plaintiff, by its attorney, but the defen
dants, although duly summoned and called, come not but
make default, wherefore the petition herein is taken against
them as confessed; and the Court finds from the instrument in writing on which this action is founded that
the defendant is indebted to the plaintiff in the sum of four hundred and four dollars. It is therefore con
sidered by the Court that the plaintiff recover of the defendant the debt a foresaid in form aforesaid as found
and also his costs herein expended and have execution therefor.
Answer filed.
Answer filed.
On note.
Now comes the plaintiff, by their respective attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore the petition
herein is taken against him as confessed; and the Court finds from the instru
ment in writing on which this action is founded that the defendant is indebted to
the plaintiff in the sum of two hundred and thirteen dollars and six cents. It is therefore considered by the
Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their
costs herein expended and have execution therefor.
On notes.
Now comes the plaintiff, by their attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
the petition herein is taken against them as confessed; and the Court
finds from the instrument in writing on which this action is founded that the defendant is indebted to the plain
tiff in the sum of twenty five hundred and ninety dollars and sixty four cents. It is therefore considered by the
Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their
costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and
called, come not but make default, wherefore the petition herein is taken against him as
confessed; and the Court finds from the instrument in writing on which this action is
founded that the defendant is indebted to the plaintiff in the sum of seven hundred and nine dollars and
seventy cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid
in form aforesaid as found and also their costs herein expended and have execution therefor.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and
called, come not but make default, wherefore the petition herein is taken against him as confessed;
and the Court finds from the instrument in writing on which this action is founded that
the defendant is indebted to the plaintiff in the sum of two hundred and forty one dollars and thirty three cents. It
is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as
found and also his costs herein expended and have execution therefor.
On notes.
Now comes the plaintiff, by his attorney, but the defendants, although
duly summoned and called, come not but make default, wherefore
the petition herein is taken against him as confessed; and the Court
finds from the instrument in writing on which this action is founded
that the defendant is indebted to the plaintiff in the sum of thirteen
hundred and twelve dollars and fifty one cents. It is therefore considered by the Court that the plaintiff re
cover of the defendant the debt aforesaid in form aforesaid as found and also his costs herein expended
and have execution therefor.
Default.
Now comes the plaintiff, by his attorney, but the defendants,
summoned and called, come not but make default, wherefore the petition herein is
taken against him as confessed.
Default. Now comes the plaintiff, by his attorney, but the defendants,
although duly summoned and called, come not but make default, wherefore the
petition herein is taken against him as confessed.
On note.
Now comes the plaintiff, by their attorney, but the defen
dants, although duly summoned and called, come not
but make default, wherefore the petition herein is ta
ken against him as confessed; and the Court finds
from the instrument in writing on which this action is founded that the defendant are indebted to the
plaintiff in the sum of three hundred and seventy two dollars and seventy cents. It is therefore consid
ered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as
found and also their costs herein expended and have execution therefor.
On notes.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned
and called, come not but makes default, wherefore the petition herein is taken against
him as confessed; and the Court finds from the instrument in writing on which this
action is founded that the defendant are indebted to the plaintiff in the sum of eighty hundred and forty
two dollars and seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendant
the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
On notes.
Now comes the plaintiff, by his attorney, but the defendants, although duly sum
moned and called, come not but makes default, wherefore the petition herein is ta
ken against him as confessed; and the Court finds from the instrument in writing
on which this action is founded that the defendant are indebted to the plaintiff in
the sum of two hundred and ten dollars and forty three cents. It is therefore considered by the Court that
the plaintiffs recover of the defendant to the debt aforesaid in form aforesaid as found and also their costs herein
expended and have execution therefor.
Petition.
Now come the parties by their respective attorneys, and waiving a Jury sub
mit this cause to the Court upon the pleadings and proofs and the Court
having duly heard and considered the same doth find that the defendants are
indebted to the plaintiff in the sum of five hundred and sixteen dollars and
twenty three cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the
debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
Dismissal.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defen
dants
On note.
Now come the plaintiffs, by their attorney, land dis
miss this suit as to the defendant,
defendant,
and called comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court
that the petition of said plaintiffs be taken against the said defendant,
and the Court finds from the instrument in writing on which this action is founded that the
said defendant,
thousand one hundred and eighty two dollars and thirty cents. It is therefore considered by the Court
that the said plaintiffs,
Moore
have thereof execution.
On notes.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned
and called, comes not but makes default, wherefore the petition herein is taken
against him as confessed; and the Court finds from the instruments in writing on
which this action is founded that the defendant is indebted to the plaintiff in the sum of three hundred and
twenty four dollars and thirty seven cents. It is therefore considered by the Court that the plaintiff recover
of the dependant the debt aforesaid in form aforesaid as found and also his costs herein expended and have
execution therefore.
On motion of plaintiff, by her attorney, it is ordered that
On note.
Now come the plaintiffs, by their attorney, and dismisses
this suit as to the defendants,
defendant,
called come not that make default, wherefore the petition
herein is taken against him as confessed; and the Court finds from the instrument in writing on which
this action is founded that the defendant is indebted to the plaintiffs in the sum of four hundred and two
dollars and forty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the
debt aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
on note
Now comes the plaintiff by his attorney, and dismisses this suit as to the defen
dant Smith, by the defendants,
R Rose
wherefore the petition herein is taken against them as confessed; and the Court
finds from the instrument in writing on which this action is founded that the
defendants are indebted to the plaintiff in the sum of five hundred and twenty three dollars and sixty
eight cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt
aforesaid in form aforesaid as found and also his costs herein expended and have execution therefore.
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly
summoned and called come not but make default, wherefore the petition
herein is taken against them as confessed; and the Court finds from the instru
ment in writing on which this action is founded that the defendants are indebted
to the plaintiff in the sum of seven hundred and fifteen dollars and fifty two cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid
as found and also his costs herein expended and have execution therefore.
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore, on motion of the
plaintiff the petition herein is taken against said defendant as confessed;
and the Court finds from the instrument in writing on which this action is founded that the de
fendant is indebted to the plaintiff in the sum of seven hundred and fifteen dollars and fifty
two cents. It is therefore considered by the Court that the plaintiff recover of the defendant the
debt aforesaid in form aforesaid as found and also his costs in this behalf expended and have
execution therefore.
Moto discharge garnishee
Motion to discharge garnishee
On motion of garnishees
by the Court that they be discharged hence at plaintiffs costs and that execution issue
therefore. Five dollars is allowed each for appearing herein.
On bill of exchange.
Now come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called come not but make default, wherefore
the petition herein is taken against them as confessed; and the Court
finds from the instrument in writing on which this action is founded
that the defendant are indebted to the plaintiffs in the sum of two
thousand one hundred and forty seven dollars and ninety five cents. It is therefore considered by the Court
that the plaintiffs recover of the defendants to the debt aforesaid in form aforesaid as found and also their costs
herein expended and have thereof execution.
On bill of Exchange.
Now come the plaintiffs, by their attorney, and file proof satisfactory
to the Court that the order of publication made herein has been duly
published according to law, but the defendants although duly warned
and called come not but make default, wherefore the petition
herein is taken against them as confessed; and the Court finds
from the instrument in writing on which this action is founded that the defendant are indebted to the plain
tiffs in the sum of twenty one hundred and forty five dollars and twenty six cents. It is therefore con
sidered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as
found and also their costs herein expended and have execution therefore.
Now comes the plaintiff, by his attorney and suggests to the
Court the death of the defendant,
commencement of this suit which is not denied; thereupon
comes
attorney, and enters his appearance as defendant in this action.
On motion of the defendant, by its attorney, a dedimus is awarded it to Illinois.
On motion of the defendant, by its attorney, a dedimus is awarded it to Illinois.
On motion of the defendant, by its attorney, a dedimus is awarded it to Illinois.
Plaintiff by leave of Court files interrogatories herein.
On note.
Now comes the plaintiff, by his attorney, but the defendants although duly
summoned and called, come not but make default, wherefore the petition herein
is taken against them as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendants are indebted to
the plaintiff in the sum of six hundred and fifty four dollars and fifty one cents. It is therefore consider
ed by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found
and also his costs herein expended and have execution therefor: and it is ordered by the Court that this
judgment bear interest at the rate of ten per cent per annum from this date until paid.
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defen
dant,
summoned and called comes not but makes default, wherefore the petition herein
is taken against him as confessed; and the Court find from the instrument in
writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of five hun
dred and sixty four dollars and seventy cents. It is therefore considered by the Court that the plaintiff recover
of the defendant the debt aforesaid in form aforesaid as found and also his costs in this behalf expended and
have execution therefor.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Plaintiff files a motion to strike out part of answer.
Satisfaction.
Now come the plaintiffs, by their attorney, and acknowledge to
have received full and entire satisfaction of the judgment herein.
Bill of Exceptions filed.
Demurrer filed.
Dismissal.
On motion of the plaintiff, by his attorney and with the consent of defendants, it is
ordered by the Court that this cause be dismissed at defendants costs and that
execution issue therefore. Plaintiff by leave of Court withdraws the note and
protest herein.
Plaintiff, by attorney, remits to defendants the sum of one dollar
part and parcel of the judgment rendered herein.
Interrogatories filed by leave.
Answer filed.
Motion for judgment filed.
Answer filed.
Motion for security for costs filed.
Reply filed.
Motion for security for costs filed.
On account.
Now come the parties, by their respective attorneys, and also come a Jury to wit;
West
Covington
lawful men who being duly elected tried and sworn the issues herein joined well and truly to by the trial pro
gress and being finished the Jurors retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
Continued on affidavit at defendants costs.
Answer filed.
Answer filed.
By leave of Court the Sheriff amends his return herein.
Continued on affidavit at defendants cost.
Continued by consent.
On account.
Now come again the parties, by their respective attorneys, and also come the
Jurors, empanelled and sworn herein, and being agreed upon a verdict upon
their oaths say they find for the defendant and assess his damages at seventeen
dollars. It is therefore considered by the Court that the plaintiff take nothing by hi suit in this be
half but that the defendant go thereof without day and recover of the plaintiff the damages aforesaid
as found and also his costs herein expended and have execution therefore.
Order on Sheriff to execute Deed.
Now comes
his application at this day filed for a deed herein and being satis
fied that the purchase money for the real estate sold as men
tioned in said application has been properly paid doth order
that
do proceed to execute and acknowledge a deed to the said
this proceedings.
Answer filed.
Continued.
Assignment of judgment filed.
Assignment of judgment filed.
Order of Publication.
On motion of the plaintiffs, by their attorney, it is order
that the defendant be notified that a civil action has been
commenced against him for the sum of eight hundred
and sixty me dollars and forty nine cents, on account of three promissory notes executed and delivered
by the defendant to the plaintiffs, under the name of
ty has been attached, and unless he appear at the next teem of this Court to be begun and held at the City
of St Louis within and for the Country of St Louis, on the last Monday of September next and on or before
the third day thereof answer to the action aforesaid according to law, judgment will be rendered
against him and his property sold to satisfy the same. And it is further ordered that a copy hereof
be published according to law in the Missouri Republican a newspaper printed and published in the
City of St Louis.
Continued by consent.
Continued
Continued as on affidavit at plaintiffs costs.
On motion of garnishees,
it is ordered that they be discharged hence, for want of interrogatories, at the
plaintiffs costs and that execution issue therefor. The sum of five dollars is
allowed each of them for appearing herein.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that
the interlocutory judgment herein be set aside and vacated.
Defendants file an answer and an exhibit herein.
Defendant
Defendant
On motion of garnishee,
be discharged, for want of interrogatories, at plaintiffs costs and that execution
issue thereof. Five dollars are allowed for appearing.
On motion of defendant,
is given him to answer.
On motion of the defendants, by their attorney, ten days are given them to an
swer herein.
Continued on affidavit at defendants costs.
Affidavit of
Continued.
Demurrer filed.
On Notes.
Now come the plaintiffs, by their attorney, and dismiss
this suit as to the defendant,
defendant,
default, wherefore the Court finds from the instruments in writing on which this action is founded
that the said defendant is indebted to the plaintiffs in the sum of four hundred and twenty six dol
lars and thirty five cents. It is therefore considered by the Court that the plaintiffs recover of the defen
dant the debt aforesaid in form aforesaid as found and also their costs herein expended and have ex
ecution therefore.
On note.
Now comes the plaintiff, by his attorney, but the defendant
although duly summoned and called comes not but makes
default, wherefore the petition herein is taken against him
as confessed; and the Court finds from the instrument in
writing on which this action is founded that the defendant is indebted to the plaintiff in the sum
of six hundred and thirty five dollars. It is therefore considered by the Court that the plaintiff
recover of the defendant the debt aforesaid in form aforesaid as found and also his costs herein
expended and have execution therefore.
On note.
Now comes the plaintiff, by his attorney, and by leave of Court first had
files an amended petition, and dismisses this suit as to the defendant,
Campbell
and called, comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds from the instrument in writing on which this action is
founded that the defendant is indebted to the plaintiff in the sum of ten hundred and fifty two dollars
and sixty six cents. It is therefore considered by the Court that the plaintiff recover of the defendant the
debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefore.
Depositions for plaintiff opened and filed.
Motion to strike out answer of
On note.
Now come the parties, by their respective attorneys, and waiving
a Jury submit this cause to the Court upon the pleadings and
proofs and the Court having duly heard and considered the same
doth find that the defendant is indebted to the plaintiff in the
sum of eight hundred and fifty one dollars and forty cents. It
is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form
aforesaid as found and also its herein expended and have execution therefore.
Dismissal.
On motion of the plaintiff, by their attorney, it is ordered by the Court that this
cause be dismissed at his costs and that execution issue therefore: by leave of Court
Plaintiffs withdraw the note sued on.
Proof of Publication.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the
Court that the order of publication made herein has been duly published
according to law.
and exhibits.
On motion of the defendant, by his attorney, fifteen days addi
tional time are given him to answer herein.
Demurrer filed.
Motion to strike out answer
filed.
Answer Counter claim filed.
Interrogatories filed.
Demurrer filed.
Motion to strike out answer and
for judgment fileds.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that
unless the defendant answers herein within three days a judgment by
default shall be rendered against him.
court met pursuant to adjournment. Present as before.
Demurrer filed.
Demurrer filed.
Order for Deliver.
The plaintiff comes and files a petition and affidavit, according to law, claiming the
possession of certain personal property therein described; wherefore it is ordered that the
defendants deliver the property in said affidavit specified to the Sheriff of St Louis Country
and said Sheriff is hereby directed if said property be not delivered to him to take it
from the defendant and deliver it to the plaintiff.
Deposition for plaintiff opened and filed.
Order of Citation.
It appearing to the Court, from an inspection of the garnishees answer, that it
is therein admitted that the defendant
ment, recovered a judgment against the garnishee for two thousand dollars, and
it being alleged that said judgment was by said Seubert, prior to the gar
nishment, assigned to one
ity of said assignment, it is therefore, on motion of plaintiffs attorney, ordered by the Court, that the said
alleged to have been assigned to him.
Dismissal.
On motion of the plaintiff, by her attorney, it is ordered by the Court that this suit be
dismissed.
On motion of the defendants, by their attorney, fifteen days additional time are given
them to answer herein.
Answer filed.
Answer filed.
Plea in statement filed.
Answer and set off filed.
Answer filed.
Answer filed.
Answer filed.
Answer filed.
Demurrer filed.
Answer of
Answer filed.
Answer filed.
On Draft.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defen
dant
default, wherefore the Court finds from the instrument in writing on which this
action is founded that the defendant is indebted to the plaintiff in the sum of a one
hundred and ninety seven dollars and seventy one cents. It is therefore considered by the Court that the plaintiff
recover of the defendant the debt aforesaid in form aforesaid as found and also his costs in this behalf expended
and have execution therefor.
On motion of the defendant, by his attorney, one week additional time is given him
to answer.
Motion to strike out petition filed.
Answer filed.
Defendants
Defendant files an answer and a motion for security for costs.
Plaintiff by leave of Court files an amended petition and defendant file a de
murrer thereto.
Assignment of judgment filed.
Defendants
Plaintiff files an amended petition herein.
Plaintiff files an amended petition herein.
On motion of the defendant, by his attorney, one week additional time is given
him to answer.
On motion of the defendant, by his attorney, one week additional time is given him
to answer.
Dismissal.
Now come the parties, by their, respective attorneys, and in accordance with the agree
ment hereto fore filed herein it is ordered by the Court that this cause be dismissed
each party paying his own costs and that execution issue therefor.
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to the State
of Louisiana.
On motion of the defendants, by their attorney, a dedimus is awarded them to the State
of Louisiana.
Demurrer filed.
Answer filed.
Now come the said garnishees and file answers to
the interrogatories propounded to them.
Answer filed.
Answer filed.
Answer to amended petition filed.
Answer filed.
On motion of the defendants, by their attorney, a dedimus is awarded
them to Kansas Territory.
The defendants motion for security for costs being heard and fully considered
by the Court is overruled. Leave is given the defendant to sue as a poor person.
The time for answering herein is extended ten days.
Continued as on affidavit at plaintiffs costs.
The motion for security for costs herein being heard and fully considered
by the Court it is ordered that the plaintiff file a goods and sufficient
bond for costs within ten days.
Answer filed.
Answer filed.
Demurrer filed.
Answer filed.
Motion for security for costs filed.
Reply filed.
Answer filed.
Answer filed.
Demurrer filed.
Answer filed.
The motion for assessment of damages and the value of property being heard
and fully considered by the Court is sustained, and it is ordered that this
cause be set for trial on the trial docket for such assessment.
The defendant motion for a new trial being heard and fully considered by
the Court is overruled.
Depositions for plaintiffs opened and filed.
The demurrer to the petition being heard and fully considered by the Court is
overruled.
Plaintiff by leave withdraws the note sued on and files a copy thereof.
Defendant files an answer herein.
The defendant motion for security for costs being heard and fully considered
by the Court is sustained. Fifteen days are given to file security.
Answer filed.
Answer filed.
Answer filed.
Demurrer filed.
Reply filed.
Answer fileds.
By consent of parties, the interlocutory judgment herein against the de
fendant,
consent said
Said defendant files a plea in abatement.
Said garnishee files an answer to Interrogatories.
Said garnishee files an answer to Interrogatories.
Said garnishee files an answer to Interrogatories.
Said garnishee files an answer to Interrogatories.
The motion for security for costs herein is overruled.
Answer of
Answer of defendant
Confession of Judgment.
Now come the plaintiffs, by their attorney, and also comes the defendant
and file a statement in writing, duly verified by affidavit, whereby he con
fesses himself indebted to the plaintiffs in the sum of two hundred and
ninety dollars and one cent and authorizes the entering up of judgment against
him in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs
recover of the defendant the debt aforesaid in form aforesaid as confessed and also their costs herein expended
and have execution therefor.
Order of Publication.
The plaintiff files a petition and affidavit from which it appears to the Court that
the defendant is a non resident of the State of Missouri therefore on motion of the
plaintiff, by her attorney, it is ordered that the defendant be notified that a civil ac
tion has been commenced against him to obtain a decree of divorce from the bonds of matrimony on the ground
of desertion, and that unless he appear at the next term of this Court to be begun and held at the City
of St Louis within and for the County of St Louis on the last Monday of September next, and on or before
the sixth day thereof answer to the action aforesaid according to law the petition herein will be taken against
him as confessed; And it is further ordered that a copy hereof be published, according to law, in the Missouri
Democrat a newspaper printed and published in the City of St Louis.
Proof of Service.
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court of service
of notice of suit and copy of petition upon defendant,
title, interest, claim, estate and property of
situated in the City and County of St Louis State of Missouri viz, Lot number twenty (20) in Block
four (4) in
hundred and fifty three ten inches (153 11/12) feet deep more or less on the South side of Biddle Street,
between nineteenth and twentieth streets in the City and County of St Louis together with all the improve
ments and appurtenances thereon: Sold under and by authority of an execution issued from the Office of the
Clerk of the St Louis Law Commissioners Court in favor of
against
On motion of the defendant, by its attorney, two weeks additional time are
given said defendant to answer.
Answer filed.
Answer filed.
Petition for alimony, pendent lite filed.
By leave of Court the Sheriff amends his return on the execution herein by showing ser
vice of summons as garnishee upon
files interrogatories to said garnishee.
Court met pursuant to adjournment. Present as before.
On Notes.
Now come the parties, by their respective attorneys, and the defen
dants withdraw their answers and the parties consent and agree that
judgment may be rendered against the defendant in favor of the
plaintiffs for the sum of twenty two hundred and forty eight dollars
and forty one cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt
aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
On note.
Now comes the plaintiff by its attorney, but the defendant,
summoned and called comes not but make default, wherefore the petition herein is
taken against him as confessed; and the other defendant,
makes default; and the Court finds from the instrument in writing on which this action is
founded that the defendants are indebted to the plaintiff in the sum of five hundred and twenty four dollars and
eighty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt the debt afore
said in form aforesaid as found and also its costs herein expended and have execution therefor: and the plaintiff ack
nowledges the receipt of full and entire satisfaction of the above judgment, and by leave of Court first obtained with
draws the protest and note suedon.
Continued as on affidavit at plaintiffs costs.
Continued by consent.
On Note.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and
called, comes not but makes default wherefore the petition is taken against him as confessed;
and the Court finds from the instrument in writing on which this action is founded that
the defendant is indebted to the plaintiffs in the sum of one hundred and sixty eight
dollars and thirty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt
aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
On motion of the plaintiffs, by their attorney, fifteen days are given to file an additional
attachment bond herein.
On Note.
Now come the plaintiffs, by their attorney, and the defendant by his at
torney, also comes and withdraws his answer, and the parties agree
that judgment may be rendered herein in favor of the plaintiffs
for the sum of four hundred and seventy dollars and twelve cents.
It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as
agreed, upon and their costs herein expended and have execution therefor: and it is ordered by the Court that this
judgment bear interest at the rate of ten per cent per annum from the date until paid.
By leave of Court the Sheriff amends his return herein.
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and
called come not but make default, wherefore the petition herein is taken against them
as confessed. On motion of the garnishees,
it is ordered that they be discharged for want of interrogatories, at the plaintiffs costs and
that execution issue therefor.
Default.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned
and called come not but make default, wherefore the petition herein is taken against them
as confessed.
On Note.
Now comes the plaintiff, by his attorney, but the defendant,
moned and called comes not but makes default, wherefore the petition herein is taken
against him as confessed; and the other defendants still make default; whereupon the
Court doth find from the instrument in writing on which this action is founded that the
defendants are indebted to the plaintiff in the sum of Seven hundred and thirty five dol
lars and forty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt
aforesaid in form aforesaid as found and also his costs herein expended and here execution therefor; and it is ordered
that this judgment bear interest at the rate of ten percent per annum from this date until paid.
On Note.
Now come the plaintiffs, by their attorney, and dismiss this suit as to
the defendant
dant,
but makes default, wherefore the petition herein is taken against him as
confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is
indebted to the plaintiffs in the sum of one hundred and sixty one dollars and eighty cents. It is therefore considered
by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their
costs herein expended and have execution therefor.
Replevin.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and
called come not but make default, wherefore the petition herein is taken against them
as confessed; and the plaintiff waiving a Jury submits this cause to the Court for assess
ment of damages consenting that nominal damages be assessed and the Court doth
accordingly assess the plaintiffs damages at the sum of one cent. It is therefore considered by the Court that the plaintiff
retain the possession of the property delivered to him by the Sheriff and that he recover of the defendants the damages
aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
Motion for judgment by default not with standing answer filed.
The plaintiffs file a motion to strike out the answer herein.
Replevin.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant
Arnot
makes default, wherefore the petition herein is taken against him as confessed; and the
plaintiff waiving a Jury submits the assessment of damages to the Court, consenting that the
same be nominal, and the Court doth accordingly assess his damages at the sum of one cent. It is therefore
considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed
and also his costs herein expended and have execution therefor, and that he retain possession of property delivered to
him by the Sheriff.
Leave is given the Sheriff to amend his return, which is accordingly done.
Proof of Publication.
Now come the plaintiff, by their attorney, and file proof satisfactory to the Court
that the order of publication made herein has been duly published according to law.
Answer filed.
Answer filed.
On Bill of Exchange.
Now come the plaintiffs, by their attorney, and file proof
satisfactory to the Court that the order of publication made
herein has been duly published, according to law, and dis
miss this suit as to the defendant,
the defendant,
wherefore the petition herein is taken against him as confessed; and the Court finds from the instru
ment in writing on which this action is founded that the defendant is indebted to the plaintiffs in the
sum of twenty five hundreds and fifty eight dollars and sixteen cents. It is therefore considered by
the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found
and also their costs and charge herein expended and have execution therefor against the property attached.
Dismissal.
By consent of parties, it is ordered by the Court that this cause
be dismissed at defendants costs and that execution issue therefor.
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the
defendant,
summoned and called comes not but makes default, wherefore the petition
herein is taken against him as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in
the sum of five hundred and forty nine dollars and sixty one cents. It is therefore considered by the
Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and
also his costs herein expended and have execution therefor: and it is ordered by the Court that this
judgment bear interest at the rate of ten per cent per annum.
The defendant files an answer herein.
Default.
Now come the plaintiff, by its attorney, but the defendant,
Stock
default, wherefore the petition herein is taken against him as confessed.
Default.
Now comes the plaintiff, by its attorney, but the defendant
although duly summoned and called comes not but makes default, wherefore
the petition herein is taken against him as confessed.
Default.
Now comes the plaintiff, by her attorney, but the defendant, al
though duly summoned and called comes not but makes default,
wherefore the petition herein is taken against him as confessed.
Default.
Now come the plaintiffs, by their attorney, but the defendant although duly sum
moned and called comes not but makes default wherefore the petition herein is
taken against it as confessed.
Default.
Now comes the plaintiff, by his attorney, but the defendant,
although duly summoned and called comes not but makes default, wherefore
the petition herein is taken against him as confessed.
On account.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
men who being duly elected, tried and sworn well and truly to enquire into and assess the plaintiffs
damages the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say
they assess the plaintiffs damages at the sum of one hundred and fifty one dollars and eighty two cents.
It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid
in form aforesaid as assessed, and also his costs herein expended and have execution therefor. The defendant
files a motion for a new trial.
Default.
Now comes the plaintiff by his attorney, but the defendants, although duly sum
moned and called come not but make default, wherefore the petition herein
is taken against them as confessed.
Default.
Now comes the plaintiff, by his attorney, but the defendant although duly
summoned and called comes not but makes default, wherefore the petition
herein is taken against him as confessed.
Now comes the plaintiff, by his attorney, and files a bond for costs with
The plaintiff files a bond for cents with
and is approved by the Court.
On note.
Now come the plaintiffs, by their attorney, and or their motion it is ordered
by the Court that the continuance herein be set aside and vacated, but
the dependant, although duly warned and called, comes not but makes
default, wherefore, on motion of the plaintiffs, it is ordered that the peti
tion herein be taken against the said defendant as confessed: and the Court finds from the instrument in
writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of five
thousand four hundred and twenty seven dollars and ten cents. It is therefore considered by the Court that
the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein
expended and have execution therefore.
Default.
Now comes the plaintiff, an person, but the defendants
default wherefore the petition herein taken against them as confessed.
Default.
Now comes the plaintiff, by his attorney, but the defendants although duly sum
moned and called come not but make default wherefore the petition herein
is taken against him as confessed.
Default.
Now comes the plaintiff, by their attorney, but the defendants although duly
summoned and called come not but make default wherefore the pe
tition herein is taken against them as confessed.
On Note.
Now comes the plaintiffs, by his attorneys but the
Defendants although duly summoned and cal
led comes not the makes default wherefore
the petition herein is taken against them as con
fessed: And the Court find from the instrument in writing on which this action
is founded that the Defendant are indebted to the plaintiff in the sum of One
Thousand Seven Hundred and Thirteen Dollars. It is therefore considered by
the Court that the plaintiff recover of the Defendants the debt aforesaid
in form aforesaid as found and also their costs herein expended and have
Execution therefor.
Now comes the plaintiff by his attorney and suggests
and them to the satisfaction of the Court that the
Defendant has departed this life since the commence
ment of this suit and an motion of plaintiff. If
is ordered by the Court that a summons issue to the
legal representative of the said Defendant to the next term
of this Court until which time this cause is continued.
Now comes the plaintiff by his attorney and suggests
and show to the satisfaction of the Court that
the Defendant herein has departed this life since
the commencement of this suit and on motion of plaintiff. It is
ordered by the Court that a summons issue to the legal representa
tives of the said Defendant to the next Term of this
Court until which time this cause is continued.
Default.
Now comes the plaintiff, by his attorney, but the
Defendants although duly summoned and called
come not but make default wherefore the pe
tition herein is taken against him as confessed.
On note.
Now come the plaintiffs, by his attorney, but
the Defendant, although duly summoned and called,
comes not but makes default, wherefore, the
petition herein is taken against him as confessed: And the Court
finds from the instrument in writing on which this action is founded
that the Defendant is indebted to the plaintiffs in the sum of four
hundred and twenty one dollars. It is therefore considered by the
Court that the plaintiffs recover of the Defendant the debt aforesaid
in form aforesaid as found and also their costs charges herein
expended and have execution therefore.
On Note.
Now come the parties, by the respective
Attorneys and waiving a Jury submit the is
sues tried upon the Defendants plea in abate
ment to the Court upon the pleading and
proofs and the Court having duly heard and considered the same doth
find the issues joined upon said plea in abatement in form of the plain
tiff and the Defendant failing to plead further herein makes default
wherefore the petition is taken against him as confessed And the
Court find from the instruments in writing on which this action is
founded that the Defendant is indebted to the plaintiff in the sum
of Nine Hundred and Thirty Dollars and fifty three cents. It is
therefore considered by the Court that the plaintiff recover of the De
fendant the Debt aforesaid in from aforesaid an found and also
his costs herein expended and have Execution therefor.
Dismissal.
On motion of plaintiff by his attorney it is
ordered by the Court that this cause be dismissed
at his costs and that execution issue therefore. By
leave of Court plaintiff withdraw the protest and rate sued on.
Dismissal.
On motion of plaintiff by his attorney it is ordered by the Court that this cause
be dismissed at his costs and that execution issue therefore.
On of the said
ttional time is given to answer the interrogatories.
On motion of the
herein, one week additional time is given it to answer.
By leave of Court plaintiff files now and additional interrogatories
herein. On motion the
herein, one week additional time is given it to answer.
Dismissal.
On motion of the plaintiff, by their attorney, it is ordered by the Court
that this cause be dismissed at his costs and that execution issue therefor.
Default.
Now comes the plaintiff, by his attorney, but the defendants, although duly sum
moned and called come not but make default, wherefore the petition herein
is taken against them as confessed.
Default.
Now comes the plaintiff, by his attorney, but the defendants, although duly
summoned and called come not but make default, wherefore the petition
herein is taken against them as confessed.
Default.
Now come the plaintiffs, by their attorney, but the defendants, although duly
summoned and called come not but make default, wherefore the petition herein
is taken against them as confessed. On motion of garnishees,
and Company
charged hence, for want of interrogatories, at plaintiffs costs and that execution issue therefor. The sum
of five dollars is allowed said garnishees for appearing to be taxed as costs.
On Bill of Exchange and Account.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the
defendant,
called comes not but still make default; and the plaintiffs waiving a Jury
submit the assessment of damages to the Court upon the proofs and the
Court having duly heard and considered the same doth assess the plaintiffs
damages at the sum of nine hundred and seventy nine dollars and fifty six cents. It is therefore con
sidered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form afore
said as assessed and also their costs herein expended and have execution therefor.
By consent of parties this cause is continued to the next term of this Court.
Said garnishees file an answer herein.
On Note.
Now come the plaintiffs, by their attorney, but the de
fendants, although duly summoned and called come
not but make default, wherefore the petition herein is
taken against them as confessed: and the Court finds
from the instrument in writing on which this action is founded that the defendants are indebted to the
plaintiffs in the sum of five hundred and ninety five dollars and ninety cents. It is therefore consid
ered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as
found and also their costs herein expended and have execution therefor: and it is ordered by the Court
that this judgment bear interest at the rate of ten per cent per annum.
On Bill of Exchange and Note.
Now comes the plaintiff, by his attorney, but the defendants although duly
summoned and called come not but make default, wherefore the petition
herein is taken against them as confessed: and the Court finds from the instru
ments in writing on which this action is founded that the defendants are in
debted to the plaintiff in the sum of five hundred and forty six dollars and sixty two cents. It is
therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form
aforesaid as found and also his costs herein expended and have execution therefor.
Order allowing alimony.
Now come the parties, by their respective attorneys, and submit the
plaintiffs application for an allowance of alimony pendent lite to
the Court and the Court having duly heard and concidered the
same doth order that the defendant pay to the plaintiff for her
support and maintenance, the sum of twenty five dollars on the first Monday of March next and
a like amount on the first Monday of each and every month there after, until the further orders this court.
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly
summoned and called comes not but makes default, wherefore the petition
herein is taken against him as confessed.
On Note.
Now come the plaintiff, by his attorney, and dismisses this suit as to the defen
dant,
moned and called comes not but makes default, wherefore the petition herein
is taken against him as confessed; and the Court finds from the instrumention
writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of Six
hundred and thirty three dollars and ninety eight cents. It is therefore considered by the Court that the
the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and also his costs
herein expended and have execution therefor.
Replevin.
Now come the parties, by their respective attorneys, and also come a Jury to wit;
the issues herein joined well and truly to try the trial progresses and being finished the Jurors
aforesaid upon their oaths aforesaid say they are unable to agree upon a verdict; wherefore it is ordered
by the Court that the Jury empanelled and sworn herein be discharged form the further conside
red of this cause, and that this cause be continued until the next term of his Court.
Dismissal.
On motion of the plaintiff, by her attorneys, it is ordered that this cause be dismissed.
On motion of the plaintiffs, by their attorney, it is ordered that an alias sum
mons issue herein for defendant,
term of this Court, until which time this cause is continued.
On motion of the plaintiff, by its attorney, leaveris given it to withdraw
the amended petition herein for the purpose giving it to the defendant
to answer; and it is ordered by the Court that the same be refilled by
the twenty first instant, Said amended petition is accordingly withdrawn.
On motion of the plaintiff, by its attorney, leave is give it to withdraw
the amended petition herein for the purpose of giving it to the defendant
to answer, and it is ordered by the Court that the same be refiled
by the twenty first instant; Said amended petition is accordingly withdrawn.
On Note.
Now come the plaintiff, by his attorney, but the defendants, although duly sum
moned and called come not but make default, wherefore the petition herein
is taken against them as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendants are indebted to
the plaintiff in the sum of Eleven hundred and thirteen dollars and eighteen cents. It is therefore consid
ered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found
and also his costs herein expended and have execution therefor.
Proof of Publication. Default.
Now comes the plaintiff, by her attorney, and files proof satisfactory to the Court
that the order of publication made herein has been duly published according
to law; but the defendant, although duly summoned and called, comes not
but makes default, wherefore the petition herein is taken against him as confessed.
Dismissal.
By consent of parties, by their respective attorneys, it is ordered by the Court that
this cause be dismissed at defendants costs and that execution issue therefor.
On Note.
Now come the parties, by their respective attorneys, and submit this cause to the Court
and the Court having duly heard and considered the same doth find that the defen
dant is indebted to the plaintiff in the sum of one hundred and ninety seven dol
lars and twenty cents. It is therefore considered by the Court that the plaintiff recover of the defendant
the debt aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
Now come the defendants,
Answer filed.
Answer filed.
The defendant files a motion for security for costs.
Answer filed.
Answer filed.
Deposition for plaintiff opened and filed.
On Note.
Now come the parties, by their respective attorneys, and also come a Jury to wit;
Black
Gilman
Bartell
issues herein joined well and truly to try the trial progress but not being finished is laid over until tomorrow.
It is ordered by the Court that the continuance of this cause be set aside and
vacated.
Agreement filed.
Amended petition filed.
The defendant motion for a new trial being heard and fully considered by the Court
is overruled.
Court met pursuant to adjournment. Present as before.
On Note.
Now comes the plaintiff, by his attorney, but the defendant, although duly warned
and called comes not but makes default, wherefore the petition is taken against him
as confessed; and the Court finds from the instrument in writing on which this action
is founded that the defendant is indebted to the plaintiff in the sum of two hundred and forty one dollars and
five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt afore
said in form aforesaid as found and also his costs herein expended and have execution therefor against the property attached.
Defendant
Defendant
Defendant
It appearing to the Court that
Cerre
on the sales made in the above entitled causes
the net sum of Six thousand six hundred
and forty six dollars and ninety eighty cents
exclusive of the amount of his costs retained by
him out of the gross amount of said sales, the Court, by consent of all the parties to the above suits, by
their attorneys, adjudges and orders that said suits be finally disposed of as follows, to wit; out of said
money received by said Sheriff said plaintiffs are respectively entitled to the following sums; to wit;
Of eleven hundred and fifty one dollars and forty two cents;
Hunnewell
W Tiers
the sum of Six hundred and thirty six dollars; and said defendants,
Kimball
hundred and eighty nine dollars and thirteen cents: the Court also, by like consent, adjudge and orders that said
defendant,
like consent and also the consent of the present parties to the suit of the State of Missouri on the relation of
Brooks
Soulard
cutor of
that said plaintiff,
consent, that the damages adjudged in said last mentioned suit are in full satisfaction of all damages
suffered by said
of said
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the petition herein is
taken against him as confessed.
On motion of the plaintiff, by attorney, it is ordered that an alias summons issue herein
returnable to the next term, until which time this cause is continued.
On motion of the plaintiff, by attorney, it is ordered that an alias summons issue
returnable to the next term until which time this cause is continued.
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly
summoned and called comes not but makes default wherefore the petition
herein is taken against him as confessed.
Default.
Now comes the plaintiff, by attorney, but the defendant, although duly summoned
called comes not but makes default, wherefore the petition herein is taken against
him as confessed.
The plaintiffs motion to strike out the defendant to answers and for judgment being heard
and fully considered by the Court is overruled.
The plaintiff by leave of Court files an amended petition and also an
exhibit therewith, and on his motion it is ordered by the Court that an
alias writ issue herein returnable to the next term of this Court, until
which this cause is continued.
On Note.
Now come again the parties, by their respective attorneys, and also the Jurors empanneled
and sworn herein and the trial progresses and being finished the Jurors aforesaid upon
their oaths aforesaid say they find for the plaintiff and assess his damages at five hundred
and eleven dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the dam
ages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor. The
defendant files a motion for a new trial.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause
be dismissed at plaintiffs costs and that execution issue therefor. The plaintiff by
leave of Court withdraws the exhibit sued on.
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned
and called come not but make default, wherefore the petition herein is taken against them
as confessed; and the Court finds from the instrument in writing on which this action
is founded that the defendant are indebted to the plaintiff in the sum of three hundred
and twenty seven dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of
the defendants the debt aforesaid in form aforesaid as found and it his costs herein expended and have execution therefor.
On motion of the plaintiff, by attorney, leave is given him to file an amended affi
davit to the petition.
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned
and called comes not but makes default wherefore the petition herein is taken against
him as confessed.
On Note.
Now comes the plaintiff, by its attorney, and dismisses
this suit as to the defendant,
dants,
duly summoned and called come not but make default,
wherefore the petition herein is taken against them as confessed; and the Court finds from the instru
ment in writing on which this action is founded that the defendants are indebted to the plaintiff in
the sum of one hundred and eighty four dollars and fifty one cents. It is therefore considered by
the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and
also its costs have herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by its attorney, but the defendants, al
though duly summoned and called come not but make default, wherefore
on motion of plaintiff, it is ordered by the Court that the petition herein be
taken against the said defendant as confessed: and the Court finds from the instrument in writing on
which this action is founded that the defendant is indebted to the plaintiff in the sum of three hun
dred and sixty three dollars and sixty five cents. It is therefore considered by the Court that
the said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also
his costs in this behalf expended and have execution therefor: and it is ordered by the Court that
this judgment bear interest at the rate of ten per cent per annum from this date until paid.
On Note.
Now comes the plaintiff, by attorney, and dismisses this suit as to the
defendant,
, although duly summoned and called, comes not but makes default,
wherefore the petition herein is taken against him as confessed; and the
Court finds from the instrument in writing on which this action is founded that the defendant is
indebted to the plaintiff in the sum of two hundred and sixty six dollars and ninety cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form
aforesaid as found and also the costs herein expended and have execution therefor.
On Note.
Now come the plaintiff, by their attorney, but the defendant, although duly
summoned and called, comes not but makes default, wherefore the petition
herein is taken against him as confessed; and the Court finds from the instru
ment in writing on which this action is founded that the defendant is indebt
ed to the plaintiff in the sum of one hundred and fifty six dollars and eighty nine cents. It is therefore
considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as
found and also the costs herein expended and have execution therefor.
On Note.
Now come the plaintiff, by their attorney, but the defendant,
called, comes not but makes default, wherefore the petition
herein is taken against him as confessed; and the other defen
dants, although called, still make default; and the Court finds from the instrument in writing on which
this action is founded that the defendant are indebted to the plaintiff in the sum of four hundred and
fourteen dollars and thirty six cents. It is therefore considered by the Court that the plaintiffs recover of
the defendant the debt aforesaid in form aforesaid as found and also the costs herein expended and
have execution therefor.
On motion of the plaintiff by attorney, it is ordered by the Court that an
alias Summons issue herein. Cause continued.
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the de
fendants,
summoned and called comes not but makes default; wherefore the petition
herein is taken against him as confessed; and the Court finds from the in
strument in writing on which this action is founded that the defendant is
indebted to the plaintiff in the sum of fourteen hundred and forty nine dollars and thirty five cents. It
is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form
aforesaid as found and also his costs herein expended and have execution therefor: and it is ordered by
the Court that this judgment bear interest at ten per cent per annum.
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly
summoned and called comes not makes default, wherefore the petition herein
is taken against him as confessed.
Said garnishee files an answer herein.
Default.
Now comes the plaintiff, by its attorney, but the defendants,
although duly summoned and called, come not but make
default, wherefore the petition is taken against them as confessed.
The defendants demurer to the plaintiffs petition being heard and fully consid
ered by the Court is sustained.
The defendants demurer to the plaintiffs petition being heard and fully considered by
the Court sustained.
On Note.
Now comes the plaintiff, by his attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the petition herein
is taken against him as confessed; and the Court finds from the instrument in
writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of ten
hundred and forty four dollars and fifty cents. It is therefore considered by the Court that the plaintiff
recover of the defendant the debt aforesaid in form aforesaid as found and also his costs herein expended
and have execution therefor.
On motion of the garnishee,
be discharged hence for want of interrogatories, at the plaintiffs costs and that
execution issue therefor. Five dollars are allowed for appearing.
On Notes.
Now comes the plaintiff, by his attorney, but the defendant, although duly sum
moned and called, comes not but makes default, wherefore the petition herein is
taken against him as confessed; and the Court finds from the instruments in
writing on which this action is founded that the defendants indebted to the plaintiff in the sum of
one hundred and eighty five dollars. It is therefore considered by the Court that the plaintiff recover of
the defendant the debt aforesaid in form aforesaid as found and also his costs herein expended and
have execution therefor.
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly sum
moned and called come not but makes default, wherefore the petition herein
is taken against her as confessed.
On Note. Now suit.
Now come the parties, by their respective attorneys, and waiving
a Jury submit this cause by consent to the Court upon the
pleadings and proofs and the trial thereupon progresses but
the plaintiffs say they will not further prosecute their suit
in this behalf but voluntarily suffer a non suit with leave
to move to set the same aside. It is therefore considered by the Court that the plaintiffs take
nothing by their suit in this behalf but that the defendant go hence without day and recover
of said plaintiffs his costs and charges in this behalf expended and have thereof execution.
Thereupon plaintiffs file a motion to set aside nonsuit.
On Note.
Now come the plaintiffs, by its attorney, and on its motion
leave is given the Sheriff to amend his return by showing service
upon defendant,
made; but the defendant, although duly summoned and called
come not but make default, wherefore the petition herein is taken against them as confessed; and the Court
finds from the instrument in writing on which this action is founded that the defendants are indebted to
the plaintiff in the sum of three hundred and fifteen dollars. It is therefore considered by the Court that
the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and also its costs herein
expended and have execution therefor.
Petition.
Now come the parties, by their respective attorneys, and also come a Jury to wit;
and sworn the issues herein joined well and truly to try the trial progresses and being finished the
Jurors aforesaid upon their oaths aforesaid say they find for the defendants. It is therefore considered by
the Court that the plaintiff take nothing by his suit in this behalf but that defendant go hence
without day and recover of the plaintiff his costs herein expended and have execution therefor. The plain
tiffs files a motion for a new trial.
Answer filed.
Answer filed.
Defendant
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant,
not but makes default, wherefore the petition herein is taken against the said defen
dant as confessed; and the Court finds from the instrument in writing on which
this action is founded that the defendant is indebted to the plaintiff in the sum of four hundred and seventy
four dollars and fifty five cents. It is therefore considered by the Court that the plaintiff recover of the defen
dant the debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their attorney, and dismiss this
suit as to the defendant,
summoned and called come not but make default, wherefore
the petition herein is taken against them as confessed: and the Court finds from the instrument in writing on which this
action is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and sixteen dollars
and fifty six cents. It is therefore considered by the Court that the plaintiffs recover of the defendants to the debt
aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor: Judgment
to bear interest at ten per cent per annum.
Defendant,
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly sum
moned and called come not but make default, wherefore the petition herein is taken
against them as confessed; and the Court finds from the instrument in writing on
which this action is founded that the defendant are indebted to the plaintiff in the
sum of four hundred and thirty four dollars and fifty cents. It is therefore considered by the Court that the
plaintiff of the defendants the debt aforesaid in form aforesaid as found and also his costs herein expended
and have execution therefor.
Default.
Now come the plaintiff, by her attorney, but the defendant, although duly summoned and
called comes not but makes default nor has he answered herein, wherefore the plaintiffs
petition is taken against him as confessed.
Court met pursuant to adjournment. Present as before.
On Note.
Now come the plaintiffs, by their attorney, and on their mo
tion the attachment maid is dismissed; and the suit is dis
missed as to the defendant,
fessing the counterclaim set up in defendants answer, moves
the Court for judgment, which motion is after due consideration by the Court sustained; and the Court
finds that, after deducting the counterclaim, the defendants indebted to the plaintiffs in the sum of five hun
dred and seventy five dollars and ninety three cents on account of the instrument of writing on which this
action is founded. It is therefore considered by the Court that the plaintiffs recover of the defendant
the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the petition herein
is taken against him as confessed.
On Note.
Now come the plaintiffs, and the defendant,
Alexander
default; and a Jury being waived this cause is submitted to the Court and the Court having duly heard
and considered the same doth find the issues herein joined between the plaintiffs and the defendant,
der
the sum of five hundred and forty dollars and eighty cents, on account of the instrument in writing on which this
action is founded. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt
aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
Depositions for defendants opened and filed,
Continued on affidavit at defendants costs.
On Note.
Now come the parties, by their respective attorneys, and the defendants, with
draw their answer herein, and saying nothing further in bar or preclusion of
plaintiffs demand the Court doth find from the instrument in writing on
which this action is founded that the defendant are indebted to the plain
tiff in the sum of three hundred and seventy dollars and thirteen cents. It is therefore considered by the
Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and also
his costs herein expended and have execution therefor. Judgment to bear interest at ten per cent per annum.
Slander.
Now come the parties, by their respective attorneys, and also come a Jury to wit;
Hunter
being duly elected tried and sworn well and truly to inquire into and assessed
the plaintiffs damages & the trial being finished the sums aforesaid upon their oaths aforeaid say they
assess the plaintiffs damages at the sum of one cent. It is therefore considered by the Court that the plain
tiffs recover of the defendents this damages aforesaid in form aforesaid as assessed and also their costs
herein expended and have execution therefor.
On Account.
Now comes the plaintiff, by his attorney, but the defendant still makes default,
and the plaintiff waiving a Jury submits the assessment of damages to the Court
upon the pleadings and proofs and the Court having duly heard and considered
the same doth assess the plaintiffs damages at the sum of three hundred and sixteen dollars and thirty
cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages
aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
On Bill of Exchange.
Now comes the plaintiff, by his attorney, but the defendants, although duly sum
moned and called come not but make default, wherefore the petition herein is
taken against them as confessed; and the Court finds from the instrument in wri
ting on which the action is founded that the defendants are indebted to the plain
tiff in the sum of twelve hundred and fifty dollars and forty six cents. It is therefore considered by the
Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found also his
costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their attorney, and dismiss
this suit as to the defendant,
called come not but make default, wherefore the petition
herein is taken against them as confessed; and the Court
finds from the instrument in writing on which this action
is founded that the defendants are indebted to the plaintiffs in the sum of one hundred and eighty
seven dollars and fifty seven cents. It is therefore considered by the Court that the plaintiffs recover
of the defendants the debt aforesaid in form aforesaid as found and also their costs in the behalf expended
and have execution therefor.
Replevin.
Now come the plaintiff, by his attorney, but the defendant, although duly summoned
and called comes not but makes default, wherefore the petition herein is taken against
him as confessed; and the plaintiff waiving a Jury submits the assessment of damages
to the Court consenting to take nominal damages and the Court doth accordingly assess the plaintiffs
damages at the sum of one cent. It is therefore considered by the Court that the plaintiff retain the possession of
the property delivered to him by the Sheriff and that the recover of the defendant the damages aforesaid inform
aforesaid as found and also his costs herein expended and have execution therefor.
Motion for an alias execution filed.
Defendant files a demurer to amended petition.
On motion of plaintiff, by his attorney, it is ordered that an alias Summons issue
for defendant
Bill of particulars filed by leave of Court.
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant,
and called comes not but makes default wherefore the petition herein is taken
against him as confessed; and the Court finds from the instrument in writing
on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hun
dred and sixty eight dollars and fifty five cents. It is therefore considered by the Court that the plain
tiff recover of the defendant the debt aforesaid in form aforesaid as found and also his costs herein expended
and have execution therefor.
On Note.
Now come the plaintiff and the defendant,
neys, but the defendant,
and called comes not but makes default wherefore on motion of plaintiff,
the petition herein is taken against the said
come a Jury, to wit;
non
between the plaintiff and the defendant,
assess the plaintiffs damages against the defendant,
reasons appearing, by consent of parties,
panel, and the remainder of said panel are discharged from the further consideration of this causes
and this cause is continued until the next term of this Court at the defendants costs.
Continued on affidavit at the costs of the defendants.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
this cause be dismissed at plaintiffs costs and that execution issue therefor.
Petition.
Now comes the plaintiff, by her attorney, but the defendant still makes
default, and the plaintiff waiving a Jury submit the assessment of
damages to the Court upon the pleadings and proofs and the Court
having duly heard and considered the same doth assess the plaintiffs
damages sustained by reason of the premises in the petition mentioned at the sum of two hundred and
thirty two dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the
debt aforesaid in form aforesaid as assessed and also her costs herein expended and have execution therefor.
Answer filed.
Answer filed.
Continued by consent.
Continued.
On Notes and account.
Now comes the plaintiff, by his attorney still makes default; and the plain
tiff waiving a Jury submit this cause to the Court upon the pleadings and proofs for assess
ment of damages and the Court having duly heard and considered the same doth
assess the plaintiffs damages at the sum of fourteen hundred and thirteen dollars and eight cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid inform
aforesaid as assessed and also his costs herein expended and have execution therefor; and it is order that
eleven hundred and twenty four dollars of this judgment bear interest at the rate of ten per cent per annum.
Depositions for plaintiff opened and filed.
Depositions for plaintiffs opened and filed.
Answer filed.
Answer filed.
Said garnishee by consent files an answer herein.
Motion and affidavit to set aside judgment by default filed.
Bill of Exceptions filed by consent.
Defendants
Amended affidavit filed by leave of Court.
Motion to dismiss appeal filed.
Petition.
Now come the parties, by their respective attorneys, and file an agreement and agree
that judgment may be rendered in favor of the plaintiff and against the defendant
for the sum of one hundred and sixty nine dollars and fifty seven cents. It is therefore
considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid
as agreed upon and his costs herein expended and have there off execution.
Answer filed.
Answer filed.
Answer filed.
Continued.
Motion and affidavit in support thereof to suppress deposition filed.
Agreement as to depositions filed.
On motion of plaintiff, by attorney, it is ordered that an alias summons issue
herein. Cause continued.
Continued on a affidavit at defendants costs.
Continued as on affidavit at plaintiffs costs.
Default.
Now come the plaintiffs, by their attorney, but the defendant,
Hyman
default wherefore the petition herein is taken against him as con
fessed; and this cause is continued.
Court met pursuant to adjournment. Present as before.
Default.
Now come the plaintiffs, by their attorney, but the defendants, although duly sum
moned and called, come not but make default, wherefore, on motion of the plain
tiffs, the petition is taken against the said defendants as confessed.
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and
called comes not but makes default wherefore the petition herein taken against him
as confessed.
Default,
Now comes the plaintiff, in person, but said garnishee,
duly summoned and called comes not but makes default, wherefore the interrog
atories are taken against him as confessed.
On note.
Now come the plaintiffs, by their attorney, but the defendant, although
duly summoned and called comes not but makes default, wherefore
the petition herein is taken against him as confessed; and the Court
finds from the instrument in writing on which this action is founded
that the defendant is indebted to the plaintiffs in the sum of two hundred and thirty dollars. It
is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form
aforesaid as found and their costs herein expended and have execution therefor.
On account
Now come the parties, by their respective attorneys, and also come a Jury to wit;
Gilman
Watson
and
well and truly to try and the trial being finished the Jurors aforesaid in form aforesaid upon their oaths say they
find for the plaintiff and assess his damages at the sum of fifty dollars and seventy seven cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as
found and also his costs herein expended and have thereof execution.
The defendants demurrer to the petition being heard and fully considered by the Court
is sustained. Twenty days are given the plaintiffs to amend.
On motion of the plaintiffs, by their attorney, it is ordered that an alias attachment
issue herein for defendant returnable to the next term of this Court.
On motion of the plaintiff, by his attorney, it is ordered by the Court that
this this cause be dismissed as to
Summons issue herein for the other defendants returnable to the next term of this
Court, until which time this cause is continued.
Order for Delivery.
The plaintiff comes and files a petition and affidavit according to law claiming the
possession of certain personal property therein described; wherefore it is ordered that the
defendant deliver the property specified in said affidavit to the Sheriff of St Louis
Country, and said Sheriff is hereby directed if said property be not delivered to him to take it from the defen
dant and deliver to the plaintiff.
On note.
Now come the parties, by their respective attorneys, and waiving a Jury submit this
cause to the Court upon the pleadings and proofs and the Court having duly heard
and considered the same doth find that the defendant is indebted to the plaintiff in the
sum of eleven hundred and seventy six dollars and sixteen cents. It is therefore considered by the Court
that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and also his costs herein
expended and have execution therefor.
Motion for security for costs filed.
Answer field.
Now come the plaintiffs, by their attorney, and on their motion, this cause is dis
missed as to the defendant
motion for judgment herein.
The plaintiff files a bond for costs with
which bond is approved by the Court.
The plaintiffs by consent file an amended petition herein.
The plaintiff files a motion for leave to amend.
The plaintiff files a motion for leave to amend.
By consent of parties the judgment herein rendered is se aside and vacated.
and by like consent defendant files and answer.
Answer filed.
Answer filed.
Continued.
Continued.
Assignment of judgment filed.
On account
Now come the parties, by their respective attorneys, and also come a
Jury to wit;
boune
and
duly elected tried and sworn the issues herein joined well and truly to try the trial progresses and
being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiff in the sum
of two hundred and sixty two dollars and sixty five cents. It is therefore considered by the Court that the
plaintiffs recover of the defendants the damages aforesaid in form aforesaid as found and also their
costs herein expended and have execution therefor.
Continued.
Continued.
Continued as on affidavit at defendants costs for absence of
a witness.
On note.
Now come the plaintiff and the defendants,
tive attorneys, but the defendant,
summoned and called comes not but makes default, wherefore
the petition herein is taken against him as confessed; and a Jury being waived this cause is submitted to the Court
upon the pleadings and proofs and the Court having duly heard and considered the same doth find the issues
joined between plaintiff and defendants,
tiff and doth further find that the defendants are indebted to the plaintiff in the sum of six hundred and fifty
nine dollars and fifty six cents on account of the instrument in writing on which this action is founded. It is there
fore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as
found and also his costs herein expended and have execution therefor and it is ordered by the Court that this
judgment interest at the rate of ten per cent per annum from the date until paid.
Now at this day comes the plaintiff and files an affidavit, and on his motion an appeal
is allowed him from the judgment herein to the Supreme Court and thereupon the
plaintiff files an appeal bond which is approved by the Court.
Court met pursuant to adjournment. Present as before.
Now comes the plaintiff, by his attorney, and files a petition and also the appearance of the
defendants whereby the said defendants enter their appearance to this action as if personally
served with original unit and copy of petition fifteen days before the first day of the
present teem of the Court.
Petition.
Now come the parties by their respective attorneys, and waiving a Jury submit this cause to
the Court upon the pleadings and proofs and the Court having duly heard and considered
the same doth find the issues herein joined in favor of the plaintiff and assess his damages
at the sum of one hundred and seventy five dollars. It is therefore considered by the Court
that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as found and also his costs
herein expended and have execution therefor.
Continued by consent.
Continued.
On note.
Now come the plaintiffs, by their attorney, but the defendants, although duly
summoned and called come not but make default, wherefore the pe
tition herein is taken against them as confessed; and the Court finds
from the instrument in writing on which this action is founded that
the defendants are indebted to the plaintiffs in the sum of two hundred and seventy eight dollars and thirteen cents.
It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid
as found and also their costs herein expended and have execution therefor.
Continued as on affidavit at plaintiffs costs for absence of
as such Marshall in favor of
claim, estate and property of
lease hold interest of the said
St Louis beginning at a point on the West line of Eleventh street one hundred feet South of the Centre
line of survey 3003, running thence Southwardly with the West line of Eleventh Street thirty two feet nine
inches thence Westwardly and parallel with the Centre line of Survey one hundred and twenty seven feet six
inches to an alley thence northwardly with said alley, thirty two fact nine inches thence Eastwardly and
parallel with the Centre line of said Survey one hundred and twenty seven feet six inches to the beginning
being the same lat leased by the Board of President and Directors of the St Louis Public Schools to
Meecham
the Office of the Clerk of the St Louis Criminal Court in favor of the Sate of Missouri and against
said
Defendants file a motion for security for costs.
Dismissal.
On motion of the plaintiff by its attorney, it is ordered that this cause be dismissed
at plaintiffs costs and that execution issue therefor. By leave of Court plaintiff with
draws the protest and note sued on.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dis
missed at plaintiffs costs and that execution issue therefor.
On Bond.
Now come the parties, by their respective attorneys, and also come a
Jury to wit;
sworn the issues herein joined well and truly to try the trial progresses and being finished the Jurors aforesaid
upon their oaths aforesaid upon their oaths aforesaid say they find for the plaintiff and assess the damages
at the sum of four hundred and seventeen dollars and sixteen cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the sum of eleven hundred dollars, the penalty of the bond sued
on, and also the costs of this suit, and that it have execution for the damages aforesaid in form aforesaid as
assessed and also the costs of this suit.
Continued by consent.
Continued by consent.
Satisfaction.
The plaintiffs, by their attorney, come and acknowledge to have received full and entire
satisfaction of the judgment rendered in the cause.
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered by the Court that
this cause be dismissed at plaintiffs costs and that execution issue therefor.
Answer of
and
Defendants
Proof of service of order for production of books filed.
Proof of Service of order of Citation filed.
Depositions for defendant opened and filed.
Answer filed.
Answer filed.
Petition.
Now come the parties, by their respective attorneys, and also come a Jury
to wit;
Gamache
Horn
who being duly elected tried and sworn the issues herein joined well and truly to by the trial progresses but not
being finished is laid over until to morrow morning.
The defendant withdraws his motion to dismiss for want of amended petition.
Court met pursuant to adjournment. Present as before.
On motion of the plaintiff, by his attorney, it is ordered by the Court that an
alias summons issue for the defendant H P Smith returnable to the next teem of this
Court, until which time this cause is continued.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that an alias sum
mons issue herein returnable to the next teem until which time this cause is continued.
The plaintiff confesses the demurrer herein and on his motion ten days are given him
to amend.
Change of Venue. The plaintiff by leave first obtained files interrogatories against said
garnishee and the Judge of this Court having been of counsel for plaintiff
it is ordered that the venue of this cause be changed to the St Louis Court
of Common Pleas.
Five days additional time are given to answer herein.
The time for answering herein is extended five days.
The motion to dismiss this suit for want of security for costs being heard and fully considered
by the Court it is ordered that the defendant file a good and sufficient bond for costs
herein within ten days from this date.
The demurrer to the amended petition being heard and fully considered by the Court is
sustained.
Petition.
Now come again the parties, by their respective attorneys, and also come the
Jurors herein and the trial progresses and by leave of Court plaintiffs
file an amended petition thereupon by consent of parties the Jurors aforesaid
are discharged from the further consideration of this cause, and this cause continued at plaintiffs costs.
The defendants motion to dismiss this suit and also his motion to strike out amended
affidavit being heard and fully considered by the Court are overruled.
Motion to dismiss filed.
Answer filed.
On Bill of Exchange. Now come the plaintiffs, by their attorney, but the defendant, although duly sum
moned and called comes not but makes default wherefore the petition herein is taken
against him as confessed; and the Court finds from the instrument in writing on
which this action is founded that the defendant is indebted to the plaintiffs in the sum
of six hundred and forty five dollars and seventy cents. It is therefore considered by the Court that the plaintiffs
recover of the defendants the debt aforesaid in form aforesaid as found and also their costs in this behalf expended
and have execution therefor.
Motion to dismiss filed.
Depositions for defendant opened and filed.
Depositions for plaintiffs opened and filed.
Motion to strike out part of answer of
On note.
Now come the plaintiffs, by their attorney, but the defendants, although duly
summoned and called come not but make default wherefore the petition
herein is taken against them as confessed; and the Court finds from there in
strument in writing on which this action is founded that the defendants are
indebted to the plaintiffs in the sum of two hundred and seventy dollars
and seventy two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant
the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
The motion for an injunction, upon the facts and for the reasons set out in petition,
is continued to Saturday the twenty fifth instant.
The plaintiff comes and confesses the motion for security for costs and files a bond for costs
with
a motion for additional security.
Motion for a new trial filed.
Motion for a new trial filed.
By consent of parties it is ordered by the Court that the papers on file
be and they are hereby substituted for the originals: and the defendant
withdraws its motion to dismiss this suit, and ten days are given de
fendant to answer herein.
Motion for a new trial filed.
Motion for judgment on answer filed.
Depositions for plaintiffs opened and filed.
One week additional time is given defendant to answer.
The motion to strike out answer and for judgment being heard and fully consid
ered by the Court is overruled.
Exceptions to part of Commissioners Report and motion to strike
out same filed by defendants.
The defendants motion for security for costs being heard and fully considered by the
Court is sustained; thereupon the plaintiff files a bond for costs with
Macqueen
The plaintiff confesses the demurrer to the petition and by consent of parties two weeks time are
given defendant to answer.
The plaintiff confesses the demurrer to the petition and by consent of parties two weeks time are
given defendant to answer.
Petition
Now comes the plaintiff, by his attorney, and the Court having duly heard and
considered the plaintiffs motion for judgment on the defendants answer doth sus
tain the same; and the Court finds that the defendant is indebted to the plain
tiff in the sum of one hundred and sixty tow dollars and twenty one cents. It
is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found
and also his costs herein expended and have execution therefor.
On note.
Now come the plaintiffs, by their attorney, but the defendants, al
though duly summoned and called, come not but make default,
wherefore the petition herein is taken against them as confessed; on
motion it is ordered the above interlocutory judgment he set aside and vacted.
On note.
Now come the plaintiffs, and submit to the Court the mo
tion is after out the answer herein and for judgment which
motion to after due consideration by the Court sustained; and
the Court finds that the defendants are indebted to the plaintiffs in the sum of five hundred and
twenty eight dollars and thirty cents, on account of the instrument in writing on which this action is founded.
It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form
aforesaid as found and also their costs herein expended and have execution therefor.
Motion to strike out part of answer of defendant
Default.
Now comes the plaintiff, by his attorney, but the defendant although duly summoned
and called comes not but makes default wherefore on motion of the plaintiff the
petition is taken against said defendant as confessed.
The defendants withdraw their demurrer and twenty days are given them to answer.
Answer filed.
Answer filed.
Court met pursuant to adjournment. Present as before.
Defendant
Plaintiff files an assignment herein to
On Bill of Exchange.
Now come the parties by their respective attorneys, and submit to the Court the
defendants motion to dismiss this suit which motion is, after due consideration by the
Court overruled; and the defendant failing further to plead herein makes default,
wherefore the petition is taken against him as confessed; and the Court finds from
the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs
in the sum of four hundred and thirty nine dollars and twenty nine cents. It is therefore considered by the
Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein
expended and have execution therefor.
Continued by consent.
Continued by consent.
Continued as on affidavit at defendants costs for absence of
a witness.
Continued as on affidavit at defendants costs for absence of
a witness.
Remittitur.
Now comes the plaintiff, by his attorney, and remits to the defendant the sum of three dollars
and seventy two cents part and parcel of the judgment herein rendered.
Continued on affidavit at defendants costs.
Motion for an injunction filed.
On motion of the defendant, by his attorney, a dedimus is awarded him to Illinois.
Statement of
read in evidence on the trial of this cause.
Motion to dismiss proceedings filed.
The time for answering herein is extended ten days.
On account.
Now comes the plaintiff, by his attorneys, but the defendant although duly summoned
and called comes not but makes default wherefore the petition herein is taken against
the defendant as confessed; and the plaintiff waiving a Jury submits the assessment
of damages to the Court and the Court having duly heard and considered the evidence doth assess the
plaintiffs damages at the sum of twenty five hundred and eighty eight dollars and ninety one cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form
aforesaid as assessed and his costs herein expended and have execution therefor.
On account.
Now comes the plaintiff, by his attorneys, but the defendant although duly summoned
and called comes not but makes default wherefore the petition herein is taken
against him as confessed; and the plaintiff waiving a Jury submits the assessment
of damages to the Court and the Court having duly heard and considered the evidence doth assess the plain
tiffs damages at the sum of fourteen hundred and ninety dollar and sixty one cents. It is therefore consid
ered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also its
costs herein expended and have execution therefor.
Motion for a new trial and motion in arrest filed.
Motion to strike out part of answer of
Reply to Counterclaim filed.
Reply filed.
Continued on affidavit at defendant costs.
Supplemental answer
filed.
Continued on affidavit at defendant costs.
Defendant
Motion to strike out part of counter claim filed.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed
at plaintiffs costs and that execution issue therefor.
Petition for Rent.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
Wishman
Hanna
sworn the issues herein joined well and truly to try the trial progresses and being finished the Jurors
aforesaid upon their oaths aforesaid say they find for the plaintiff in the sum of one hundred and twenty
dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the damages of aforesaid
in form aforesaid as found and also his costs herein expended and have execution therefor.
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly sum
moned and called comes not but makes default wherefore the petition herein is
taken against him as confessed.
On note.
Now come the parties, by their respective attorneys, and waiving a Jury submit this
cause to the Court upon the pleadings and proofs and the Court having duly heard
and considered the same doth find that the defendant is indebted to the plaintiff
in the sum of three hundred and sixty five dollars and eighty five cents. It is therefore considered by the
Court that the plaintiff recover of he defendant the debt aforesaid in form aforesaid as found and also his costs
herein expended and have execution therefor: and it is ordered that this judgment bear interest at ten per cent per an
num form this date until paid.
On note.
Now come the plaintiff and the defendant, by their respective attorneys, and waiving
a Jury submit this cause to the Court upon the pleadings and proofs and the Court
having duly heard and considered the same doth find that the defendant is indebted
to the plaintiff in the sum of two hundred and ninety nine dollars and sixty cents. It is therefore considered
by the Court that the plaintiff recover of he defendant the debt aforesaid in form aforesaid as found and also
his costs herein expended and have execution therefor.
on note.
Now come the plaintiffs, by their attorney, but the defendants,
although duly summoned and called come not but make de
fault, wherefore the petition herein is taken against them
as confessed; ad the Court finds form the instruments in
writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum
often hundred and twenty seven dollars and forty two cents. It is therefore considered by the Court that
the plaintiffs recover of the defendants the debt aforesaid as found and also their costs in this behalf ex
pended and have execution therefor.
Motion to set aside judgment filed.
Continued at the costs of said plaintiff.
Motion for a new trial field.
Continued by consent.
Motion in arrest of judgment filed.
Continued.
On Bill of Exchange.
Now come the parties, by their respective attorneys, and waiving a Jury submit this
cause to the Court upon the pleadings and proofs and the Court having duly heard
and considered the same doth find that the defendant is indebted to the plaintiff in
the sum of two hundred and twenty nine dollars and eleven cents. It is therefore con
sidered by the Court that the plaintiff recover of he defendant the debt aforesaid in form aforesaid as
found and also their costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their attorney, and also come
the defendants,
withdraw their answer and the defendant
duly summoned and called comes not but makes default
and the defendants
tion herein is taken against all the defendants confessed; and the Court finds from the instrument in
writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of
three hundred and two dollars and sixty five cents. It is therefore considered by the Court that the
plaintiff recover of he defendant the debt aforesaid as found and their costs herein expended and have
execution therefor: and it is ordered that this judgment bear interest at ten per cent per annum.
On note.
Now come the plaintiff and the defendant,
tourneys, but the defendant,
misses this suit as to the defendant
cause is submitted to the Court and the Court having duly heard and cor
sidered the same doth find that the defendants are indebted to the plaintiff
in the sum of Six hundred and sixty three dollars and sixty five cents on account of the instrument in wri
ting on which this action is founded, It is therefore considered by the Court that the plaintiff recover of
the defendants the debt aforesaid as found and also his costs herein expended and have thereof execution:
and it is ordered that this judgment bear ten per cent per annum interest.
On Note.
Now comes the plaintiff, by his attorney and also come the defendant by their
attorney, and no Jury being required this cause is submitted to the Court, and
the Court having duly hear and considered the same doth find that the
defendant are indebted to the plaintiff in the sum of three hundred and seventy
seven dollars and twenty three cents. It is therefore considered by the Court that the plaintiff recover of
the defendants the debt aforesaid in form aforesaid as found and also his costs herein expended and have
execution therefor: and it is ordered that this judgment bear interest at ten per cent per annum.
Dismissal.
On motion of he plaintiff, by their attorney, it is ordered by the Court that this
cause be dismissed at the costs of said plaintiff and that execution issue therefor,
By leave of Court plaintiff withdraws the note sued on.
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned
and called comes not but makes default wherefore the petition is taken against him as confessed.
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and
called come not but make default, wherefore the petition herein is taken against them as confessed;
and the Court finds from the instrument in writing one which this action as founded that
the defendants are indebted to the plaintiff in the sum of two hundred and sixty dollars and
thirty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid
in form aforesaid as found and also his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by its attorney, and dismisses this suit as to the de
fendant,
duly summoned still makes default, and on motion of the plaintiff
the Court doth find from the instrument in writing on which this action is
founded that the defendants are indebted to the plaintiff in the sum of twenty one hundred and thirteen dollars and
thirty five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in
form aforesaid as found and also it herein expended and have execution therefor.
On Note.
Now come the parties, by their respective attorneys, and waiving a jury submit this
cause to the Court upon the pleadings and proofs and the Court having duly heard
and considered the same doth find that the defendants are indebted to the plaintiff in
the sum of thirty two hundred and eight dollars and forty cents. It is therefore
considered by the Court that the plaintiff recover of the defendants the debt aforesaid
in form aforesaid as found and also his costs herein expended and have execution therefor. Defendants file
a motion for a new trial herein.
The plaintiffs motion to strike out parts of the defendants answer being heard and fully considered by
the Court it is ordered that said motion be sustained as to all that cant of said answer on the
first page thereof between A and b enclosed in brackets as marked in said answer, and that
that the said motion be overruled as to the residue of said answer. The defendant files a bill of exception.
On account. Non suit.
Now come the parties, by their respective attorneys, and also comes
Jury to wit,
Shingle
Boglehaus
well and truly to try the trial progresses but the plaintiffs say they will not further prosecute their suit
in this behalf but voluntarily take a non suit. It is therefore considered by the Court that the plaintiffs
take nothing by their suit in this behalf but that the defendant go hence without day and recover of the plain
tiffs his costs and charges in this behalf expended and have execution therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at
plaintiffs costs and that execution issue therefor.
Continued as on affidavits costs for absence of Dr
Denial of said garnishees answer filed.
On motion of plaintiff it is ordered that an alias writ issue herein to the next term of this
Court Until which time this cause is continued.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the duly verified
statement of the defendants whereby the said defendants confess them
selves indebted to the plaintiffs in the sum of twenty six hundred
and twenty eight dollars and twenty six cents and authorize the enter
ing up of judgment against them in favor of the plaintiffs for that amount. It is therefore considered by the
Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as confessed and also their
costs herein expended and have execution therefor; judgment to bear interest at ten per cent per annum.
Court met pursuant to adjournment. Present as before.
The plaintiff files a bond for costs herein with
by the Court.
On motion of the plaintiffs, by their attorney, Commissioners to take deposi
tions to be used in their behalf on the trial of this cause are awarded them
to the States of Ohio, Virginia, Pennsylvania and Massachusetts, and
two Commissions for the like purpose to the State of New York are awarded them.
It is ordered by the Court that the execution issued herein be recalled and the plaintiff re
mits to the defendant the sum of one dollar and eighty seven cents part and parcel of the
judgment herein. Assignment of judgment to George Marsh all filed; assignment by Mar
shall to Jones filed.
Continued by consent.
Continued by consent.
On Note.
Now come the plaintiff, by their attorney, but the defendant, although duly summoned and
called comes not but makes default wherefore the petition herein is taken against him as
confessed; and the Court finds from the instrument in writing on which this action is founded,
that the defendant is indebted to the plaintiffs in the sum of four hundred and twenty
one dollars and seventy four cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the
debt aforesaid in form aforesaid as found and their costs herein expended and have thereof execution: and it is or
dered that this judgment bear interest at ten per cent per annum.
It is ordered by the Court that a subpoena duces tecum issue to Justice
Garnishment.
Now comes the plaintiff by his attorney, and moves the Court for judgment
on the answer of said garnishees and the Court sustains said motion, and
it appearing to the Court that the garnishees at the time they were sum
moned herein as such were indebted to the defendant, Ashdown, in the sum
of nine hundred and twenty five dollars, and that judgment has been rendered against said Ashdown in
favor of the plaintiff and that the amount thereof with interest to this date is seven hundred and eighty five dollars
and sixteen cents. It is therefore considered by the Court that the plaintiff recover of said garnishees the debt to wit
Seven hundred and twenty five dollars and sixteen cents, together with the original suit and this proceedings and
have execution therefor. The Court allows said garnishees the sum of twenty dollars to be taxed as costs. The
issue of execution herein is stayed until the
The motion of the defendant
notice of suit being heard and fully considered by the Court is sustained.
It is ordered that an alias writ issue herein to the next term of this Court.
Answer and also a petition for alimony filed.
Answer filed.
Amended answer filed by leave.
The demurrer to the petition being heard and fully considered by the Court is sustained.
It is therefore considered by the Court that the plaintiffs take noting by their suit in
this behalf but that the defendants go hence without day and receiver of the plaintiffs
their costs herein expended and have execution therefor.
Defendants by leave of Court file an answer and exhibit herein.
The time for refilling the amended petition herein is extended twenty
days.
The time for refilling the amended petition herein is extended twenty days.
Answer of
On account.
Now come the parties, by their respective attorneys, and also come
a Jury to wit;
ton
well and truly to try the trial progresses but not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
On account.
Now comes the plaintiff, by his attorney, but the defendant still makes default and the
plaintiff waiving a Jury submits this cause to the Court for assessment of damages and
the Court having duly heard and considered the proof doth assess the plaintiff damages
at the sum of one hundred and seventy six dollars. It is therefore considered by the Court that the plaintiff recover
of the defendant the damages aforesaid in form aforesaid as found and also his costs herein expended and
have execution therefor.
On motion of the plaintiffs, it is ordered that an alias summons issue to the next term
until which time this cause is continued.
On motion of the defendant by attorney, these commission to take depositions in his behalf
are awarded him to Illinois.
The motion for security for costs being heard and fully considered by the Court is sustained:
During the twenty third instant is given plaintiff to file security for costs.
Defendant by leave of Court files an answer herein.
Dismissal.
On motion of said garnishee, by his attorney, it is ordered that he be discharged
at plaintiffs costs and that execution issue therefor. The sum of ten dollars is allowed
said garnishee for answering to be taxed as costs.
Continued on affidavit at defendants costs.
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant
Jagger
the Court doth find from the instrument in writing on which this action is founded
that the defendant are indebted to the plaintiff in the sum of Seven hundred and
thirty nine dollars and six cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt
aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
Default.
Now comes the plaintiff, by his attorney but the defendant although duly summoned and called
comes not but makes default wherefore the petition herein is taken against him as confessed.
On account.
Now comes the plaintiff, by his attorney, but the defendant still makes default, and the
plaintiff waiving a jury submit the assessment of damages to the Court and the
Court having duly heard and considered the proof doth assess the plaintiffs damages
at the sum of one hundred and seventy one dollars and thirty cents. It is therefore considered by the Court that
the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also his costs herein
expended and have execution therefor.
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to Illinois.
Motion for security for costs filed.
Assignment filed.
On account.
Now come again the parties, by their respective attorneys, and also the
Jurors empanneled and sworn herein and the defendant files an affi
davit and by leave of Court files an amended answer herein thereupon
by consent the Jurors are discharged from the further consideration of
this cause and this cause is continued at the defendants costs: Leave is given the plaintiffs to amend.
By leave of Court first obtained plaintiff files an amended petition herein.
By consent of parties the time for answering herein is extended three
weeks.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed
at plaintiffs costs and that execution issue therefor.
Motion to set aside default filed.
Motion to set aside judgment filed.
Motion to strike out answer filed.
Answer filed.
Interrogatories to
Proof of Publication.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order
of publication made herein has been duly published according to law.
Proof of Publication.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court that order of
publication made herein has been duly published according to law.
On Note.
Now come the parties, by their respective attorneys, and also come a
Jury to wit;
twelve good and lawful men who being duly elected tried and sworn the issue herein joined well and truly to
try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the
plaintiffs and assess their damages at the sum of five hundred and fourteen dollars and ninety cents. It is there
fore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid as assessed and also their costs
herein expended and have execution therefor.
Trespass. Now come the parties, by their attorneys, also come a Jury to wit;
Wischman
C Rives
twelve good and lawful men who being duly elected tired and sworn the issues herein joined well and truly to try the trial pro
gresses and being finished the Jurors retire to consider of their verdict.
Court met pursuant to adjournment, Present as before.
Answer filed.
Trespass.
Now come again the parties, by their respective attorneys, and also come the Jurors empanelled
and sworn herein and being agreed upon a verdict upon their oaths say they find for the
plaintiffs and assess their damages at the sum of one dollar. It is therefore considered
by the Court that the plaintiffs recover of the defendants the damages aforesaid in form
aforesaid as assessed and also their costs in this behalf expended and have thereof execution.
On motion of the garnishee,
hence, for want of interrogatories, at the plaintiffs costs and that execution issue therefor.
The sum of five dollars is allowed said garnishee to be taxed as costs.
It is ordered by the Court that an alias summons issue herein.
Continued as on affidavit at the defendants costs on account of the absence of
Mc Guire
On motion of the plaintiff, by his attorney, it is ordered by the Court that a Dedimus issue
to the State of New York in his behalf, and by leave the plaintiff withdraws from the files
the bill of exchange for the purpose of taking depositions.
This cause is continued by consent of parties and thirty days are given the plaintiff to file a bond
for costs.
On Note.
Now come the plaintiffs and the defendants,
by their respective attorneys, but the defendant,
default, and the plaintiffs dismiss this suit as to the defendant,
W Hungerford
Krenning
twelve good and lawful men who being duly elected tried and sworn well and truly to try the issues joined
between the plaintiffs and the defendants,
damages against the defendant,
aforesaid say they find for the plaintiffs and assess their damages at the sum of Seventeen hundred and forty
seven dollars and twenty cents. It is therefor considered by the Court that the plaintiffs recover of the de
fendants,
said as assessed and also their costs herein expended and have execution therefor; and it is ordered by
the Court that this judgment bear interest at the rate of ten percent per annum from this date until paid.
Replwin.
Now come the plaintiffs, by their attorney, but the defendant still makes
default, and the plaintiffs waiving a Jury submit the assessment of dam
ages to the Court consenting that nominal damages may be assessed,
the Court doth accordingly assess the plaintiffs damages at the sum of one
cent. It is therefore considered by the Court that the plaintiffs retain the possession of the property delivered to
them and that they recover of the defendant the damages aforesaid as assessed and also their costs herein expended
and have execution therefor.
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly sum
moned and called comes not but makes default, wherefore the petition herein
is taken against him as confessed.
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and file an agreement and consent and
agree that judgment may be rendered herein in favor of the plaintiff and against the
defendant for the sum of two hundred and seventeen dollars. It is therefore considered
by the Court that the plaintiff recover of the said defendant the debt aforesaid in form
aforesaid as agreed and also his costs herein expended and that this judgment be certified to the Probate Court
of St. Louis County for payment.
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and file an agreement and consent
and agree that judgment may be rendered herein in favor of the plaintiff and
against the defendant for the sum of nine hundred and forty seven dollars and
fifty five cents. It is therefore considered by the Court that the plaintiff recover of
the defendant the debt aforesaid as agreed upon and his costs herein expended and that this judgment be certified
to the St. Louis Probate Court for payment.
On Note.
Now come the plaintiff and the defendant,
but the defendant,
Steven
Kean
well and truly to try as also to assess the damages against the defendant
and being finished the jurors aforesaid upon their oaths aforesaid say they find for the plaintiff and assess the dam
ages at the sum of one hundred and eighty eight dollars and ten cents. It is therefore considered by the Court that
the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assessed and also his costs herein
expended and have execution therefor.
Motion for a new trial filed.
Motion to set aside default filed.
Motion for a new filed.
The plaintiffs file a motion and notice of motion for execution and
the Court having duly heard and considered the same doth order
that an execution issue on the judgment rendered herein in favor
of the plaintiffs and against the defendants at the
1853
On Note.
Now come the plaintiff and defendants,
by their respective attorneys, and the plaintiff dismisses this suit as
default; and a Jury being waived this cause is submitted to the
Court and the Court having duly heard and considered the same doth find the issues herein joined between
the plaintiff and defendants,
the defendants are indebted to the plaintiff in the sum of two hundred and fourteen dollars and twenty five cents.
It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and
also the costs herein expended and have execution therefor.
Non suit.
This cause being called for trial the defendants
Papin
defendants, it is ordered that the plaintiff be nonsuited and that defendants go hence
without day and recover of the plaintiff their costs herein expended and have execution therefor.
Dismissal.
By consent of parties, it is ordered that this cause be dismissed at defendants costs and that ex
ecution issue therefor.
Court met pursuant to adjournment, Present as before.
Dismissal. Two causes consolidated.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this cause be
dismissed at the plaintiffs costs and that execution issue therefor.
On Note.
Now comes the plaintiff, by his attorney, but the defendant although duly summoned
and called comes not but makes default, wherefore the petition herein is taken against
him as confessed; and the Court finds from the instrument in writing on which this action
is founded that the defendant is indebted to the plaintiff in the sum of four hundred and ten dollars and five cents.
It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid
as found and also his costs herein expended and have execution therefor; and it is ordered by the Court that this
judgment bear interest at the rate of ten percent per annum from this date until paid.
Now comes the plaintiff and dismisses this suit as to the defendant,
By leave of Court plaintiffs withdraw the amended petition and substitute
the original petition herein, and cause continued.
On Note.
Now come the plaintiff and the defendant,
the plaintiff dismisses this suit as to the defendant,
ties waiving a Jury submit this cause to the Court upon the pleadings and proofs
and the Court having duly heard and considered the same doth find that the
defendant is indebted to the plaintiff in the sum of two hundred and eighty dollars and six cents. It is
therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also
his costs herein expended and have execution therefor; and it is ordered by the Court that this judgment bear inter
est at the rate of ten percent per annum from this date until paid.
Now comes the plaintiff, by its attorney, and files a petition.
Motion for judgment filed.
Answer filed.
On Account.
Now come the plaintiffs, by their attorney, but the defendant still
makes default and the plaintiffs waiving a Jury submit the
assessment of damages herein to the Court and the Court
having duly heard and considered the proof doth assess the
plaintiffs damages at the sum of one hundred and eighty four dollars and ninety cents. It is therefore
considered by the Court that the plaintiffs recover of the said defendant the damages aforesaid in form
aforesaid as assessed and also their costs herein expended and have execution therefor.
On Account.
Now come the plaintiffs and defendant by their respective Attorneys
and waiving a jury submit this cause to the Court upon the plea
dings and proofs and the Court having duly heard and considered
the same doth find the issues herein joined in favor of the plaintiffs
and assess their damages at the sum of Three hundred and ninety one dollars and fifteen cents. It is therefore
considered by the Court that the plaintiffs recover of the defendant the damages aforesaid as assessed and
also their costs herein expended and have thereof execution.
On Note.
Now come the parties, by their respective attorneys, and waiving a Jury submit this
cause to the Court upon the pleadings and proofs and the Court having duly heard and
considered the same doth find that the defendant is indebted to the plaintiffs in the
sum of four hundred and forty seven dollars and thirty seven cents. It is therefore
considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs
in this behalf expended and have execution therefor.
On Note and Account.
Now comes the plaintiff, by his attorney, but the defendants having failed to answer
make default, wherefore the petition is taken against them as confessed; and the plain
tiff waiving a Jury submit the assessment of damages to the Court and the Court
having duly heard and considered the same doth assess the plaintiffs damages at
the sum of two hundred and eighty four dollars and seventy six cents. It is therefore considered by the Court
that the plaintiff recover of the defendants to the damages aforesaid in form aforesaid as assessed and also his costs
herein expended and have execution therefor.
Continued on affidavit at defendants costs.
Continued by consent.
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered by the Court that this
cause be dismissed at plaintiff costs and that execution issue therefor.
Abstract of issues filed.
By leave of Court defendants file an answer and this cause is continued to the foot of
the docket at the costs of the defendants.
By leave of Court defendant withdraws from the files the original answer herein and
files another answer in lieu thereof, and on motion of said defendant a Dedimus is awarded
him to the State Louisiana.
On motion of the defendant by his attorney, a Dedimus is awarded him to Louisiana.
On motion of the defendant, by his attorney, a Dedimus is awarded him to Louisiana.
Order of Publication.
The Sheriff having made return that the defendant cannot be found and the Court being
satisfied that process cannot be served upon her therefore on motion of the plaintiff, by
his attorney, it is ordered that the defendant be notified that a civil action has been com
menced against her to obtain a decree of divorce from the bonds of matrimony existing between her and the plaintiff
on the ground that she has absented herself without a reasonable cause for the space of two years, and also to obtain
the control of the infant children mentioned in the petition, and that unless she appear at the next term of this Court
to be begun and held at the City of St. Louis within and of the County of St. Louis, on the last Monday of Septem
ber next and on or before the sixth day thereof answer to the action aforesaid according to law, the petition herein will be
taken against her as confessed. And it is further ordered that a copy hereof be published in the Missouri Dem
ocrat, a newspaper printed and published in the City of St. Louis.
By consent of parties thirty days additional time are given the defendants answer
herein.
Dismissal.
On motion of the attorney for the plaintiff this cause is dismissed.
On Bond.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant,
the plaintiff waiving a Jury submit the assessment of damages to the Court and the
Court after hearing the proof doth assess the plaintiffs damages a the sum of two
hundred and eighty eight dollars and eleven cents. It is therefore considered by the Court that the plaintiff recover
of the defendant the sum of one thousand dollars, the penalty of the bond sued on, and also the costs of this suit, and
that the plaintiff have execution for the damages aforesaid as assessed and also the costs of this suit.
The plaintiff files a motion to set aside the non suit herein.
This cause is continued to the next term of this Court.
Depositions for plaintiffs opened and filed.
Depositions for plaintiffs opened and filed.
Reply to denial of answer filed.
On Note.
Now come the plaintiff and defendant, Neff, by their respective attorneys, but the defendant
the pleadings exhibit and proofs and the Court having duly heard and considered the same
doth find the issues herein joined in favor of the plaintiff and doth find that the defen
dants are indebted to the plaintiff in the sum of three hundred and forty two dollars and twenty five cents. It is
therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found
and also his costs herein expended and have thereof execution.
Court met pursuant to adjournment. Present as before.
is approved by the Court.
The plaintiffs motion to set aside the non suit herein being heard and fully considered by the
Court is sustained, and this cause is continued at the plaintiffs costs.
Dismissal.
And now at this day come the plaintiffs and dismiss this suit and releases all actions right
of action and claim on the delivery bond given by
cause and the defendant also comes and releases all actions rights of action and claim in the
attachment bond given by
that execution issue for the costs herein. Stipulation filed.
Assignee files a petition for discharge from trust.
The defendants
Bond for costs filed and approved.
Answer filed.
The assignee files a bond herein which is approved by the Court.
By leave of Court first had and obtained defendant files an answer herein.
Order for Subpoena Duces Tecum.
On motion of the plaintiffs, by their attorney, it is ordered that a subpoena duces
tecum be issued to the Secretary of said defendant,
him to produce on the trial of this cause the records of the said Company or of the
Board of Director thereof, also the final estimates of the work done by plaintiff
in grading the road of the defendant, particularly the final estimates of the work done on Sections eight and
nine of said road by plaintiffs, also the contract between plaintiff and defendent for the grading ofsaid road
dated about
or to any of the matters in dispute in this cause relating to said road.
Motion for a new trial filed.
Remittitur.
Plaintiff remits to the defendant the sum of five hundred and eighty dollars and eighty
cents part and parcel of the judgment herein rendered.
Court met pursuant to adjournment. Present as before.
Assignment of judgment filed.
Continued.
On motion of the plaintiff the said garnishee is discharged at plaintiffs costs without
an allowance.
On notes.
Now come the parties, by their respective attorneys, and by consent
and leave plaintiffs amend their petition by striking out Moses
and inserting Morris in given name of defendant; and the par
ties agree that judgment may be rendered in favor of the plaintiffs
and against the defendant for the sum of four hundred and twenty three dollars and twenty cents. It is therefore
considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as agreed upon and also their
costs herein expended and have execution therefor.
Defendant files a demurrer to the amended petition.
Dismissal.
On motion of said garnishees, by their attorney, it is ordered that they be dis
charged at the plaintiffs costs and that execution issue therefor. The sum of ten
dollars is allowed each for answering to be taxed as costs.
Dismissal.
On motion of said garnishees, by Attorney, it is ordered by the Court that
they be discharged at plaintiffs costs and that execution issue therefor. The
sum of ten dollars is allowed each for answering to be taxed as costs.
Continued as on affidavit at defendants costs on account of the absence of A Christy
a witness.
Plaintiff files an additional on attachment bond the name of
and the said Pryor acknowledges the same and the same is accordingly as approved.
Default.
Now come the plaintiffs, by their attorney, but the said garnishee although duly sum
moned and called comes not but makes default wherefore he interrogatories are
taken against him as confessed.
Continued on affidavit at defendants costs.
Continued.
Continued on affidavit at defendants costs.
Now comes the Union Bank of Louisiana, by attorney, and files a motion to set
aside the judgment and to dissolve the attachment herein.
Proof of Publication. Default.
Now comes the plaintiff, by its attorney, and files proof satisfactory to the Court
that the order of publication made herein has been duly published accor
ding to law, but the defendant although duly warned and solemnly called
comes not but makes default, wherefore, on motion of plaintiff, the petition herein is taken against said defen
dant as confessed; Cause continued.
On motion of plaintiff, by attorney, it is ordered that an alias summons issue herein
returnable to the next term, until which time this cause is continued.
Plaintiff files a bond for costs which is approved by the Court.
Defendants files an answer by consent.
Garnishment.
Now comes the plaintiff, by his attorney, and moves the Court for judgment
on the answer of said garnishee and it appearing to the Court from the answer
that the said garnishee at the time he was summoned herein as such was i
debted to the defendant
fifty five cents. It is therefore considered by the Court that the plaintiff recover of said garnishee the debt aforesaid as con
fessed and that out of said sum he pay the costs of this suit; The Court allows the plaintiff the sum of ten dollars for
answering to be taxed as costs.
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered by the Court that this cause be
dismissed at plaintiffs costs and that execution issue.
Order of Reference.
By consent of parties, it is ordered that this cause be and the same is hereby referred to
report of his proceedings as early as practicable.
Continued by consent.
Continued on affidavit at defendants
costs.
On motion of the plaintiff by his attorney, it is ordered that the judgment by default against
defendant,
set aside and vacated; thereupon come said defendants,
their attorney, and file an answer and enter their appearance herein.
Now come the defendants,
ance to this action and file an answer herein.
Now come the defendants,
appearance to this action and file an answer herein.
Depositions for defendants opened and filed.
Exhibit being Copy of Chater, filed by consent.
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered by the Court that this cause be
dismissed at plaintiffs costs and that execution issue therefor.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by
the Court that this cause be dismissed at the costs of said plaintiffs and that
execution therefor issue.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at the
plaintiffs costs and that execution issue therefor.
On Note.
Now come the parties, by their respective attorneys, and also come a Jury to wit;
Perry
good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try the trial
progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the defendant. It is there
fore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendant go
hence without day and recover of the plaintiff his costs and charges herein expended and have execution therefor.
Continued on affidavit at defendants costs.
Motion to suppress depositions filed.
Continued.
Petition.
Now at this day come the plaintiffs, by their attorney, and dismiss this suit as to
called for trial between plaintiffs and the other defendant,
neither party requiring a Jury all and singular the matters and things in contro
versy are submitted to the Court and the Court after hearing the evidence in the cause doth find that the plaintiffs
are entitled to recover of and from the defendant the sum of three hundred and seventy nine dollars and fifty six
cents. It is therefore considered by the Court that the plaintiffs recover of and from the defendant the said sum of
three hundred and seventy nine dollars and fifty six cents so as aforesaid found to be due together with their costs and
charges by them about their suit in this behalf expended and that they have execution therefor. It is ordered that
the drafts mentioned in plaintiffs petition and filed therewith be delivered to said defendant,
The demurrer to the petition herein being heard and fully considered by the Court
is sustained; Leave is given the plaintiff to file an amended petition.
On Plea in abatement.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
Lother
and
troversy upon the plea in abatement well and truly to try the trial progresses but not being finished is laid
over until to morrow.
Court met pursuant to adjournment. Present as before.
Continued by consent.
Continued.
Motion to suppress depositions filed.
Continued by consent.
Now comes the defendant,
enters his appearance to this action. Continued.
Satisfaction.
Plaintiff, by attorney, in open Court acknowledges to have received full and entire satis
faction of the Judgment rendered herein.
On motion of plaintiff a Dedimus is awarded plaintiff to Louisiana.
Defendant
On Bill of Exchange.
Now come the parties, by their respective attorneys, and
waiving a Jury submit this cause to the Court, upon the plea
dings and proofs, and the Court, having duly heard and
considered the same, and being fully advised of and concer
ning the premises, doth find the issues herein joined in favor of the defendants and against the plaintiffs. It is there
fore considered by the Court that the plaintiffs take nothing by their suit in this behalf but that the defendants
go hereof without day and recover of said plaintiffs their costs and charges in this behalf expended and have
execution therefor.
Order of Sale.
Now come into Court
in this behalf, and file and present to the Court their petition for an order
approving the acceptance by them as such assignees of a proposition made
to them by
to said petitioner and of all the fixtures fin the said deed of assignment mentioned, and of the remaining goods
and merchandize unsold and in the hands of said assignees, all for the sum of Seven thousand five hundred
and eighty eight dollars and forty four cents in cash : Whereupon the Court upon examination of the said petition and
the affidavits filed therewith and being fully advised of and concerning the premises doth order that the said proposition be ac
cepted by said assignees and the said proposed sale made by them as above stated.
Plea in abatement filed.
Answer filed.
Depositions for plaintiff opened and filed.
On Note.
Now comes the plaintiff, by his attorney, but he defendants, although duly summoned
and called come not but make default, wherefore the petition herein is taken against
them as confessed; and the Court finds from the instrument in writing on which
this action is found that the defendants are indebted to the plaintiff in the sum of
one hundred and seventy two dollars and thirty five cents. It is therefore considered by the Court that the plain
tiff recover of the defendants the debt aforesaid as found and also his costs herein expended and have execution therefor.
Dismissal.
By consent of parties it is ordered that this cause be dismissed at defendants costs and that
execution issue therefor. Plaintiffs by leave withdraw the notes sued on.
Now come again the parties, by their respective attorney, and also the Jurors empanelled
and sworn herein the trial progresses but not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of the plaintiff, by attorney, it is ordered that this cause be dismissed at his costs and that
execution issue therefor. Plaintiff by leave of Court withdraws the note sued on from the files.
Continued by consent.
Dismissal.
On motion of the plaintiff, by attorney, it is ordered by the Court that this cause be dismissed at the
plaintiffs costs and that execution issue therefor. Plaintiff withdraws from the files the bill of exchange
sued on by leave of Court.
Confession.
Now comes the plaintiff and also comes the defendant and files his statement
in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiff
in the sum of two hundred and ninety nine dollars and sixty seven cents and authorizes
the entering up of judgment against him in favor of the plaintiff for that amount. It is therefore consid
ered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as confessed
and also his costs herein expended and have execution therefor; and it is ordered by the Court that this
judgment bear interest at the rate of ten percent per annum from this date until paid.
Default.
Now comes the plaintiff, by his attorney, but the said garnishee although duly sum
moned and called comes not but makes default, wherefore the interrogatories are taken
against him as confessed.
Defendant, Unger, files an answser herein.
Depositions for plaintiff opened and filed.
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although duly sum
moned and called come not but make default wherefore the petition herein is taken against them as confessed; and the Court finds from the instrument in
writing on which this action is founded that the defendants are indebted to the
plaintiff in the sum of three hundred and sixteen dollars and sixty eight cents. It is therefore considered by the Court
that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and also his costs herein expen
ded and have execution therefor; Judgment to bear interest at the rate of ten percent per annum.
Motion to strike out answer filed.
Said garnishees file and appeal bond in the sum of fifty three hundred
dollars with themselves, as principals, and
Williams Fox
Said garnishees file an appeal bond in the sum of thirty two hundred dol
lars with themselves as principals and
Benton
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the
defendants,
A Barrett
default wherefore the petition herein is taken against him as confessed;
and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to
the plaintiff in the sum of twenty three hundred and seventy dollars and eight cents. It is therefore considered by the
Court that the plaintiff recover of the defendant
and also his costs herein expended and have execution therefor.
Motion to suppress depositions filed.
Defendant
On Note.
Now come the plaintiffs, by their attorney, and dismiss this suit as
to the defendants
on the answer of
Court, sustained, and the Court finds from said answer and from the
instrument in writing on which this action is founded that the defendant
is indebted to the plaintiffs in the sum of one hundred and seventy six dollars and two cents. It is therefore considered
by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expen
ded and have execution therefor.
On motion of plaintiff, by his attorney, leave is given him to file an amended petition; and
it is ordered that the furnish the defendant a copy thereof.
Motion to set aside continuance filed.
Now come again the parties, by their respective attorneys, and also the Jurors empanelled and
sworn herein and the trial progresses but not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
Order Substituting Sheriff Trustee.
It appearing to the satisfaction of the Court from the petition of
that
and
Recorders office, has departed this life without having completed the performance of the
trust imposed upon him by said deed of trust, it is therefore ordered that
St. Louis County be and he is hereby substituted trustee in place of the said
the like powers and trusts.
On motion of the plaintiffs, by their attorney, it is ordered that an alias attach
ment and summons issue herein returnable to the next term of this Court until
which time this cause is continued.
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that the said gar
nishees be discharged at plaintiffs costs and that execution issue therefor.
Dismissal.
On motion of plaintiff, by his attorney, it is ordered that this cause be dismissed at his
costs and that execution issue therefor. By leave of Court plaintiff withdraws from
the files the note and protest herein.
Plaintiff files a motion for a new trial herein.
On motion of defendant, by attorney, a Dedimus is awarded him to Prussia.
Continued on affidavit at defendants costs.
On Plea in Abatement.
Now come again the parties, by their respective attorneys, and also the Jurors empanelled
and sworn herein, and the trial progresses and being finished the Jurors aforesaid upon their
oaths aforesaid say they find for the plaintiff. It is therefore considered by the Court that the
defendant, at the date of the commencement of this suit, had secretly removed his property on effects into this State.
Non suit.
Now at this day this cause being called for trial, the defendant comes, by attorney, but the
plaintiff although duly called comes not, wherefore on motion of defendant it is considered
by the Court that the plaintiff be non suited and that the defendant go hence without
day and recover of the plaintiff his costs herein expended and have execution therefor.
Non Suit.
This cause being called for trial, the defendants
attorney, but the plaintiff, although called comes not, wherefore on motion of said defen
dants is considered by the Court that the plaintiff be nonsuited and that the defendants
go hence without day and recover of plaintiff their costs herein expended and have execution therefor.
Amended petition filed.
Continued.
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that this cause be dismissed
at their costs and that execution issue therefor.
Amended petition filed.
Continued.
execution of a deed of emancipation by him to his negro slave named
T Williams
Continued at plaintiffs costs.
Continued.
Satisfaction.
Now comes the plaintiff, in person, and acknowledges to have received full and entire satisfaction of the
judgment herein rendered.
On Account.
Now come the parties, by their respective attorneys, and also come a Jury to wit;
Bascom
good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try the trial
progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the defendant. It is
therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendant go thereof
without day and recover of plaintiff his costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called
comes not but makes default wherefore the petition herein is taken against him as confessed.
The garnishees
It is ordered by the Court that an alias summons issue herein and this cause is con
tinued. On motion of
On motion of the plaintiff, by his attorney, the time to reply herein is extended twenty days.
Dismissal.
The plaintiff having failed to file security for costs within the time allowed him to todo,
It is therefore, on motion of the defendant, by his attorney, ordered by the Court that this cause be
dismissed at the plaintiffs costs and that execution issue therefor.
Continued.
Continued.
Dismissal.
On motion of said garnishee, by attorney, it is ordered by the Court that he be discharged
at plaintiffs costs and that execution issue therefor. The sum of ten dollars is allowed
him for answering to be taxed as costs.
Dismissal. Default.
Now comes the plaintiff, by attorney, and dismisses this suit as to the
defendants,
default, wherefore, on motion of plaintiff, the petition herein is taken against
the said defendant as confessed.
Replevin.
Now come the parties, by their respective attorneys, and consent and agree that judgment
may be rendered in favor of the plaintiff and that the damages be assessed at one cent
and the costs remaining unpaid be taxed equally between plaintiff and defendant.
It is therefore considered by the Court that the plaintiff retain the possession of the
property taken by the Sheriff and delivered to plaintiff and that he recover the damages aforesaid in form aforesaid as assessed
by agreement and also one half of the costs remaining unpaid and have execution therefor; and it is ordered that one half of
said costs be taxed against said plaintiff and that execution issue therefor.
On motion of plaintiffs, by their attorney, a Dedimus is awarded them to Wisconsin.
On motion of plaintiffs, by their attorney, a dedimus is awarded them to Wisconsin.
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and also
come a Jury, to wit;
Lingo
Lother
elected tried ans sworn the issues herein joined well and truly to try the trial progresses and being finished the Jurors
aforesaid upon their oaths aforesaid say they find for the plaintiffs and assess their damages at the sum of one hundred
and two dollars and fifty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant
the damages aforesaid in form aforesaid as assessed and also their costs herein expended and that this judgment be
certified to the Probate Court of St. Louis County for payment. Defendant files a motion for a new trial.
pation to his slave woman,
color, about five feet seven inches in height, rather slightly made and aged about forty two years.
Bill of Exceptions filed by consent and leave of Court.
Motion for a new trial on plea in abatement filed.
On Note.
Now comes the plaintiff, by its attorney, and dismisses this suit
as to the defendant
summoned and called come not but make default, wherefore
the petition herein is taken against them as confessed; and the Court finds form the instrument in writing on
which this action is founded that the defendants are indebted to the plaintiff in the sum of Six hundred and
sixty eight dollars and seven cents. It is therefore considered by the Court that the plaintiff recover of the defendants
the debt aforesaid as found and also its costs herein expended and have execution therefor.
Amended petition filed by leave.
Satisfaction.
Plaintiff by his attorney comes and acknowledges to have received full and entire satisfaction of the
judgment herein rendered.
Order of Sale.
ment from which it appears that the keeping of the property attached under the
writ herein will be attended with great loss and expense before the probable termi
nation of this suit; it is therefore ordered that the said Sheriff sell said property according to law and make a report of his
proceedings under this order over before the first day of the next term of this Court.
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and also comes a Jury to wit;
Hubbard
Bocker
issues herein joined well and truly to try the trial progresses but not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
The defendants
The defendants
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that this cause be dismissed at their
costs and that execution issue therefor, and that the Sheriff release the property attached.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and that execu
tion issue therefor.
On motion of
discharged at plaintiffs costs and that execution issue therefore The sum of ten dollars is
allowed him for answering to be taxed as costs.
On Note.
Now comes the plaintiff by his attorney, but the defendants failing to answer make default,
wherefore the petition herein is taken against them as confessed; and the Court finds from the
instrument in writing on which this action is founded that the defendants are indebted to the
plaintiff in the sum of three hundred and ninety one dollars and forty five cents. It is therefore
considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and
also his costs herein expended and have execution therefor.
On Note.
Now comes the plaintiff, by his attorney, but the defendants failing to answer
make default wherefore the petition herein is taken against them as confessed;
and the Court finds from the instrument in writing on which this action is
founded that the defendants are indebted to the plaintiff in the sum of Six
hundred and sixty one dollars and thirty four cents. It is therefore considered by the Court that the plaintiff recover of
the defendants the debt aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that the
said garnishees
at plaintiffs costs without an allowance, and that the said
Thompson
dollars for answering and that execution issue therefor.
It is ordered by the Court that an alias summons issue herein for the
defendant,
which time this cause is continued. On motion of
attorney for plaintiff.
It is ordered by the Court that an alias summons issue herein for the defendants
which time this cause is continued. On motion of
Now comes the plaintiff, by
L Sloss
Answer and counterclaim filed.
Answer filed.
Defendant
Depositions for plaintiff opened and filed.
Confession of Judgment.
Now comes the plaintiff, by his attorney, and also comes the defendant and files his statement in writing
duly verified by affidavit whereby he confesses himself indebted to the plaintiff in the sum of eight hundred
and sixty four dollars and twenty cents authorizes the entering up of judgment against him in favor of plaintiff
for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form
aforesaid as confessed and also his costs herein expended and have execution therefor.
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and waiving a Jury submit
this cause to the Court upon the pleadings and proofs and the Court having
duly heard and considered the same doth find that the defendant is indebted
to the plaintiffs in the sum of four thousand three hundred and fifty six dol
lars and two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid
as found and also their costs herein expended and have execution therefor, and that the same be classified and placed
in the seventh class of demands against the said estate, and that this judgment be certified to the St. Louis Probate
Court there to be proceeded on according to the Statute in such case made and provided. The plaintiffs file a motion
to set aside classification of demand.
On motion of defendant, by his attorney, leave is given him to file a motion to compel plaintiff to
elect between the several and inconsistent causes of action and relief sought by said plaintiff and
in default thereof to strike out petition, and said motion is accordingly filed, and time, until after
the determination of said motion to compel plaintiff to elect, is given the defendant to answer herein.
Motion to suppress depositions filed.
Motion to set aside judgment and affidavit in support thereof filed.
Petition for production of books filed.
Appeal from probate Court.
Now come again the parties, by their respective; attorney, and also the jurors empanelled
and sworn herein and the trial progresses and being finished the Jurors aforesaid upon
their oaths aforesaid find for the plaintiff and assess his damages at the sum of two hun
dred and sixty six dollars and sixteen cents. It is therefore considered by the Court that
the plaintiff recover of the Estate of Susan Talbot in the hands of
said in form aforesaid as assessed and also his costs herein expended and that this judgment be certified to the St Louis
probate Court there to be proceeded on according to the statute in such case made and provided.
On motion of plaintiffs, by attorney, it is ordered that an alias writ issue to St. Louis County for
defendant
Change of Venue from St Charles County Circuit Court.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
Knight
who being duly elected tried and sworn the issues herein joined well and truly to try the trial progresses and being fin
ished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiffs and assess their damages at the sum of
twenty five hundred and forty nine dollars and ninety five cents. It is therefore considered by the Court that the plaintiffs
recover of the defendant the damages aforesaid in form aforesaid as assessed and also their costs herein expended and
have execution therefor.
Court met pursuant to adjournment. Present as before.
Petition for money had and received.
Now comes the plaintiff, by its attorney, but the defendant still makes default, and
the plaintiff waiving a Jury submits the assessment of damages to the Court and
the Court having duly heard and considered the proof doth assess the plaintiff dam
ages at the sum of Eight hundred and sixty nine dollars and twenty eight cents. It is therefore considered by the Court
that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also its costs herein ex
pended and have execution therefor.
Motion to set aside petition filed.
The Plaintiff files an additional affidavit for further attachment herein and the Court after
due consideration thereof doth order that a further attachment issue herein returnable
to the next term of this Court.
Affidavit in support of motion to suppress depositions filed.
Petition in Ejectment.
Now at this day come the parties, by their respective attorneys, and file the following
agreement; "Now come the parties to this suit by their respective attorneys and agree
upon the following facts, to wit; That at the commencement of this suit the original
plaintiff,
mencement of this suit she died and the present, plaintiff,
sole heir to said land and continued entitled thereto as such heir until the
Sheriffs sale under an execution upon a Judgment in favor of said
the said
in this case in behalf of said plaintiff against said defendants herein for one cent damages and all costs made
and accrued in this suit.
Court consent and agree that judgment be now rendered in favor of the plaintiff and against the defendants for the
sum of one cent and costs. It is therefore considered by the Court that the plaintiff recover of the defendant to the damages afore
said as agreed upon and also his costs herein expended and have execution therefor.
A dedimus is awarded plaintiff to Louisiana. On motion of
Dismissal.
On motion of said garnishee it is ordered that he be discharged at plaintiffs costs and
that execution issue therefor. Ten dollars allowed for answering.
Non Suit.
Now comes the defendant, by attorney, but the defendants come not wherefore, on motion
of defendant, it is ordered by the Court that the plaintiff be non suited and that the defendant
go hence without day and recover of plaintiffs its costs herein expended and have execution therefor.
No one appearing for plaintiffs this cause is continued at plaintiffs costs.
Petition for Transfer of Stock.
Now at this day come the parties, by their respective attorney, and file an agreed
case and submit this cause to the Court on the case as stipulated and agreed
in writing and the Court, having duly heard and considered the same, and being
fully advised of and concerning the premises, doth find adjudge and decide that
said sale and transfer of said stock certificates numbered respectively nine and three hundred and twenty eight by
and from said
on the same, and that defendant had and has no lien on said stock and stock certificate numbered nine and three
hundred and twenty eight so cold and transferred to plaintiff to secure the payment of the said note of
and company dated the twenty
dollars, and that plaintiff is not bound to pay or assume to pay or secure said note of
is therefore considered ordered adjudged and decreed that the defendant on being sufficiently secured by the plaintiff in the
remainder due or said stock notes according to the by laws of the Company in such cases the transfer of said eight
shares of stocks to be registered on the books of the defendant vesting rights and ownership in the plaintiff, and failing
to do so this judgment and decree shall operate to pass to plaintiff such full right and ownership in said eight shares
of stocks together with all the privileges of share and stock holders in the capital stocks of the defendant; and that
the plaintiff recover of the defendant its costs in this behalf expended and have execution therefor.
Continued.
Continued.
Continued.
Continued.
Continued.
Reply filed.
Non Suit.
This cause being called for trial comes the defendant, by his attorney, but the plaintiff al
though duly called comes not wherefore, on motion of defendant, It is considered by the
Court that the plaintiff take nothing by his suit in this behalf but that the defendant
go hence without day and recover of the plaintiff his costs herein expended and have execution therefor.
Order of Publication.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the defen
dant be notified that a civil action has been commenced against him for the sum of one
hundred and seventy nine dollars and fifteen cents on account of a promissory note
executed and delivered by him to the plaintiffs, and that his property has been attached
and unless he appear at the next term of this Court to be began and held at the City of St. Louis within and for the
Country of St. Louis on the last Monday of September next and on or before the third day thereof answer to the ac
tion aforesaid according to law judgment will be rendered against him and his property sold to satisfy the same.
And it is further ordered that a copy here of be published, according to law, in the Missouri Democrat a news
paper printed and published in the City of St. Louis.
Dismissal.
This cause being called for trial plaintiffs although duly called come not
but fail to prosecute their suit, wherefore it is ordered by the Court that
this cause be dismissed at the costs of the said plaintiffs and that
execution issue therefor.
On motion of plaintiff, by attorney, it is ordered that an alias summons issue
herein. Cause continued.
On motion of plaintiffs by attorney, it is ordered that an alias summons issue herein. Cause
continued.
On motion of plaintiffs, by attorney, it is ordered that an alias summons issue herein. Cause continued.
On Notes.
Now comes the plaintiff, by his attorney, but the defendants although duly summoned
and called come not but make default wherefore the petition herein is taken against them
as confessed; and the Court finds from the instruments in writing on which this action is
founded that the defendants are indebted to the plaintiff in the sum of three thousand four hundred and eighty one dollars and
sixty six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid inform aforesaid as
found and also its costs herein expended and have execution therefor.
Continued on application of the plaintiffs at their costs.
Dismissal.
This cause being called for trial and no one appearing to prosecute it is ordered that this cause be dismissed
at plaintiffs costs and that execution issue therefor.
The defendants motion to suppress the deposition of
by the Court is sustained, and said deposition is accordingly suppressed; and this cause is con
tinued as on affidavit at plaintiffs costs.
Dismissal.
This cause being called for trial and no one appearing to prosecute, it is ordered that this cause
be dismissed.
Continued by consent.
Continued.
Order of Publication.
The plaintiff files a petition and also an affidavit from which it appears to the Court that the
defendant is a non resident of the State of Missouri, therefore, on motion of the plaintiff, by her
attorney, it is ordered that the defendant be notified that a civil action has been commenced against
him to obtain a decree of divorce from the bonds of matrimony existing between him and plaintiff, on the grounds of habit
ual drunkenness and that he has absented himself from the plaintiff without a reasonable cause for the space of two
years and also to obtain a decree vesting in the plaintiff the title to certain premises mentioned and described in the
petition, and that unless he appear at the next term of this Court to be begun and held at the City of St. Louis within
and for the County of St. Louis on the last Monday of September next and on or before the sixth day thereof answered the ac
tion aforesaid according to law the petition herein will be taken against him as confessed, And it is further ordered that a
copy hereof be published according to law in the St. Louis Dailey Express, a newspaper printed and published in the City of St. Louis.
This cause is continued to the next term of this Court at plaintiffs costs.
Continued by Consent.
Continued generally.
On note,
Now come the plaintiff and defendants,
but the defendant,
makes default wherefore the petition herein is taken against him as confessed; and on
motion of plaintiff the Court doth find from the answer of defendants,
and
find from the instrument in writing on which this action is founded that the defendant
plaintiff in the sum of fourteen hundred and forty nine dollars. It is therefore considered by the Court that the plaintiff
recover of the defendants the debt aforesaid in form aforesaid as found and also his costs in this behalf expended and have
execution therefor. Judgment to bear interest at the rate often percent per annum.
On Note.
Now come the plaintiff and defendants,
but the defendant
but makes default wherefore the petition herein is taken against him as confessed;
and on motion of plaintiff, the Court finds from the answer of
and
the plaintiff in the sum of Fourteen hundred and forty three dollars and sixty six cents. It is therefore considered by the
Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and his costs herein expended and
have execution therefor. Judgment to bear interest at the rate often percent per annum.
On Note,
Now come the plaintiff and defendants,
the defendant
wherefore the petition herein is taken against him as confessed; and the Court finds from
the answer of
this action is founded that the defendants are indebted to the plaintiff in the sum of Fourteen hundred and forty nine dollars.
It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found
and also his costs herein expended and have execution therefor. Judgment to bear interest at ten per cent per annum.
On Note,
Now come the plaintiff and defendants,
the defendant
makes default, wherefore the petition herein is taken against him as confessed;
and the plaintiff dismisses this suit as to defendant,
the Court finds from the answer of
founded that the defendants are indebted to the plaintiff in the sum of Fourteen hundred and seventy one dollars
and sixty five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid
in form aforesaid as found and also his costs in this behalf expended and have execution therefor; and it is ordered that
this judgment bear interest at the rate often per cent per annum from this date until paid.
Defendant files a plea in abatement herein.
On Note.
Now come the plaintiff, and defendants,
but the defendant,
but makes default wherefore the petition herein is taken against him as confessed;
and the Court finds from the answer of
the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of four
teen hundred and fifty two dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the defendants
the debt aforesaid in form aforesaid as found and also his costs in this behalf expended and have execution therefor: Judgment
to bear interest at the rate often per cent per annum from this date until paid.
Continued as on affidavit at defendants costs on account of absence of
Reddy
Dismissal.
On motion of the plaintiff, by attorney, it is ordered that this cause be dismissed
at his costs and that execution issue therefor.
Depositions for the plaintiff received opened and filed.
Exceptions filed.
Continued generally.
Complaint.
Now come the parties, by their respective attorneys, and waiving a Jury submit this cause to
the Court upon the pleadings and proofs and the Court having duly heard and consid
ered the same doth find the issues herein joined in favor of the plaintiff and assess his
damages at the sum of four hundred and fifteen dollars and eighty cents. It is therefore considered by the Court that the
plaintiff recover of
release of said Steamboat, the damages aforesaid in form aforesaid as assessed and also his costs herein expended and
have execution therefor.
Complaint.
Now come the parties, by their respective attorneys, and waiving a Jury submit this cause to
the Court upon the pleadings and proofs, and the Court having duly heard and considered
the same doth find the issues herein joined in favor of the plaintiffs and assess their dam
ages at the sum of five hundred and eighteen dollars and seventy six cents. It is therefore
considered by the Court that the plaintiffs recover of
security, on the bond given for the release of said Steamboat, the damages aforesaid in form aforesaid as assessed and
also their costs herein expended and have execution therefor.
support thereof.
Continued generally.
Continued generally.
Deposition for defendant opened and filed.
Motion for a new trial filed.
Complaint.
Now at this day come the parties, by their respective attorneys, and waiving a Jury this
submit cause to the Court upon the pleadings and proofs and the Court having duly heard and
considered the same doth find the issues herein joined in favor of the plaintiffs and assess
their damages at the sum of One hundred and forty five dollars and eighty eight cents. It
is therefore considered by the Court that the plaintiff recover of
the security, on the bond given for the release of the said Steamboat, the damages aforesaid in form aforesaid as assessed and
also his costs herein expended and have execution therefor.
Affidavit of plaintiffs partnership filed.
The defendant files an answer and setoff herein.
Proof of Publication.
Now come th plaintiffs, by their attorney, and file proof satisfactory to the Court
that the order of publication made herein has been duly published according to law.
Satisfaction.
Plaintiff, by attorney, comes and acknowledges to have received full and entire satisfaction
of the judgment rendered herein.
Court met pursuant to adjournment. Present as before.
Now comes the attorney for the plaintiff and suggests and shows to the satisfaction of the Court that the
said plaintiff has departed this life since the commencement of this suit, and that
been duly appointed administrator of said plaintiff, wherefore it is ordered that this action stand revived
and be continued in the name of said administrator, and also comes
enter his appearance as plaintiff to this action and thereupon comes said defendant,
his appearance as defendant herein.
On motion of the plaintiff, by his attorney, it is ordered that an alias summons issue herein. Cause continued.
Order appointing Referee.
The Plaintiff petition and the defendants answer in the above entitled cause having been examined
and considered and evidence having been heard by the Court in support of the allegation of
partnership between the plaintiff and defendant and the dissolution thereof as contained in said
petition, and due deliberation being had in the premises, it appears to the satisfaction of the Court that the said partnership
was formed and dissolved as therein alleged, It is therefore ordered and decreed that this cause be referred to
A Bennett
dant touching and appertaining to said co partnership; for the better taking the said account and discovery of the matters
aforesaid, the parties are to produce before the said Referee upon oath all books papers and writings in their custody on
power relating thereto, and all other testimony material in the examination of the matters aforesaid, as the said referee
shall direct, who in taking the said account is to make unto the parties all just allowances, and to report to he Court
what upon the balance of said account shall appear to be due from either party to the other, and the Court doth
reserve the consideration of the costs of this suit and of all further directions until after the referee shall have made
his report, when either side is to be at liberty to apply to the Court as occasion may require.
Plaintiff files a motion for leave to verify petition and on his motion a dedimus is awarded him
to the State of New York.
Depositions for plaintiffs opened and filed in this cause.
Defendant files a motion for a new trial herein.
Defendant files a motion for a new trial herein.
Defendant files a motion for a new trial herein.
Depositions for plaintiff opened and filed.
On Note.
Now comes the plaintiff, by their attorney, and file proof
satisfactory to the Court that the order of publication made
herein has been duly published, according to law, but the
defendants although duly warned and called come not
but make default wherefore the petition herein is taken against them as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of Eight hundred
and eighty one dollars and seventy cents. It is therefore considered by the Court that the plaintiffs recover of the defendants
the debt aforesaid inform aforesaid as found and also their costs herein expended and have execution therefor.
Answer filed. Motion for Judgment an answer filed.
Confession of Judgment.
Now come the plaintiffs, by
ney, and files a petition and also comes the defendant, in person, and files
his statement in writing duly verified by affidavit, whereby he confesses
himself indebted to the plaintiffs in the sum of Five hundred and thirty
seven dollars and five cents and authorizes the entering up of Judgment against him in favor of the plaintiffs for
that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in
form aforesaid as confessed and also their costs herein expended and have execution therefor.
The plaintiffs, by their attorney, come and file a motion for a new trial herein.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by the
Court that this cause be dismissed at the costs of said plaintiffs and that execution
issue therefor. Said plaintiffs, by leave of Court first had and obtained withdraw
from the files the notes sued on.
Court met pursuant to adjournment. Present as before.
Order for Subpoena Duces Tecarn.
The defendant files an affidavit and the Court, after consideration thereof, doth order that a
subpoena duces tecarn issue to the plaintiff to compel him to produce on the trial of this cause the
books and writings mentioned in said affidavit.
By consent of parties the discharge of said garnishee heretofore entered is set aside and vaca
ted and ten days are given plaintiffs to reply.
By leave of Court first obtained the Sheriff amends his return on the wit herein by adding
a return of no service upon defendants, and on motion of plaintiffs, by their attorney, it is ordered
that an alias summons and attachment issue herein.
Dismissal.
The parties having, at the last term of this Court, filed an agreement continuely this
cause, yet upon the condition that if the plaintiff should fail to pay the costs of said term,
together with the costs of the previous term, on or before the first day of the present term of
this Court, this cause should be dismissed, and the plaintiff having failed to comply with said condition, therefore
on motion of the defendants, by their attorney, it is ordered by the Court that this cause be dismissed at the costs of
said plaintiff and that execution issue therefor.
Continued by consent at the defendants costs.
Continued by consent at the plaintiffs costs.
Continued by consent of parties at the plaintiffs costs.
Dismissal. Default.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant,
although duly summoned and called come not but make default, wherefore
on motion of plaintiff, the petition herein is taken against the said defendants as confessed.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at plaintiffs costs and
that execution issue therefor.
Now comes the plaintiff and files a notice of application for an allowance pendent to lite and also
an additional affidavit.
The motion of the defendant,
heard and fully considered by the Court it is ordered that the execution issued herein be
set aside and recalled and all proceedings there under set a side and vacated.
Now comes
defendants waives the issue and service of process herein and enters the
appearance of said defendants to this action. Appearance filed.
Order of Publication.
The plaintiff comes and files a petition and also an affidavit from which it appears that the defendant
is a non resident of the State of Missouri therefore on motion of the plaintiff, by her attorney, it
is ordered that the defendant be notified that a civil action has been commenced against him to
obtain a decree of divorce from the bonds of matrimony existing between plaintiff and defendant on the ground of desertion
and also to obtain the restoration of her maiden name and the custody and control of the child mentioned in petition and
that unless he appear at the next term of this Court to be begun and held at the City of St Louis within and for the County
of St Louis, on the last Monday of September next and on or before the Sixth day thereof answer to the action aforesaid
according to law, the plaintiffs petition will be taken against him as confessed, And it is further ordered that a copy
herein be published according to law in the Tages Chronic a newspaper printed and published in the City of St Louis.
Order referring application of Assignee for discharge to Commissioner.
The Assignee herein,
from his trust, and no person having within the time required by law, filed written
objections thereto, it is ordered that the said application be referred to
Fullerton
with allconvencent speed, thereon.
Motion to confirm commissioners
Report filed.
Motion to quash attachment filed.
Order of reference.
It is ordered in this case that the matter of the settlement appealed from to wit; the set
tlement of the executor of said estate made before the St Louis probate Court at the
proofs and allegations touching and of and concerning all the matters embraced in said
settlement and none others. It is further ordered that said referee after hearing the proofs shall state the ac
count of said settlement with debits and credits with his decision thereon and report the same with all the proofs
heard by him with all convenient diligence to this Court.
On Policy of Insurance.
Now come the parties, by their respective attorneys, and the defendant with
draws the second reason of its motion to suppress plaintiffs depositions,
and the other part of said motion is, after due consideration by the Court,
overruled, and the parties file a stipulation, and thereupon come a Jury
to wit;
and lawful men who being duly elected tried and sworn the issue herein joined well and truly to try the trial progressed but not being
finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
Come the defendant and enter his appearance and files an answer herein.
Default.
Now comes the plaintiffs, by their attorney, but the defendants, although duly warned and
called come not but make default wherefore the petition herein is taken against them as
confessed.
Continued at plaintiffs costs on account of absence of
By consent of parties defendant files an answer herein.
Depositions for defendant opened and filed.
Sheriff files a report of sale herein.
Proof of Publication.
Now at this day come the plaintiff, by his attorney, and files
proof satisfactory to the Court that the order of publication made in this cause
have been duly published according to law.
Now come again the parties by their respective attorneys, and also the
Jurors empanelled and sworn herein and the trial progresses but not
being finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
On motion of plaintiff, it is ordered that a saw facias issue to bring in the legal representatives
of
Confession of Judgment.
Now come the plaintiffs, by their attorney, and also comes the defendant and files his state
ment in writing duly verified by affidavit whereby he confesses himself indebted to the
plaintiffs in the sum of Three hundred and sixty eight dollars and sixty four cents and
authorizes the entering up of Judgment against him in favor of plaintiffs for that amount.
It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid inform aforesaid as
confessed and also their costs herein expended and have execution therefor.
Order granting appeal.
Now come the parties, by their respective attorneys, and the plaintiff con
senting that an appeal, with supersede as, be allowed to the defendant from
the Judgment herein rendered without the formality of exceptions, motion for
new trial, affidavit or bond, thereupon, on motion of the defendant, an appeal
is allowed it to the Supreme Court from the Judgment herein rendered, with stay of proceedings in this Court.
Continued.
Continued by consent.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed
at plaintiffs costs and that execution issue therefor.
Continued by consent
at plaintiffs costs.
Continued by consent.
Assignment of Judgment filed.
Order of delivery. The plaintiff comes and files a petition and affidavit according to law claiming
the possession of certain personal property therein described; wherefore it is ordered that the defendant
deliver the property specified in said affidavit to the Sheriff of St Louis County, and said Sheriff is hereby
directed if said property be not delivered to him to take it from the defendant and deliver it to the plaintiff.
On Policy of Insurance.
Now come the parties, by their respective attorneys, and also the Jurors
empannelled and sworn herein, and the trial progressed and being finished
the Jurors aforesaid upon their oaths aforesaid say they find for the
plaintiffs and assess their damages at the sum of Five thousand two hun
dred and eighty seven dollars and fifty cents. It is therefore considered by the Court that the plaintiffs recover of the defen
dant the damages aforesaid in form aforesaid as assessed and also their costs and charges in this behalf expended
and have execution therefor.
Court met pursuant to adjournment. Present as before.
The plaintiffs file an additional attachment bond in the sum of Two hundred and
twenty five dollars with
which bond is approved by the Court.
Motion to confirm Commissioners Report filed.
Depositions for the defendant opened and filed.
In Partition.
Now come the plaintiffs, by their attorney, and file a petition for
partition and also come the defendants and file an answer thereto;
and the parties submit this cause to the Court upon said pe
tition and answer, and the Court having duly heard and
considered the same doth as certain and determine that the
said
each entitled in fee simple to one undivided third part of the real estate mentioned and described in said petition
as follows, to wit; A certain lot of ground, with a brick dwelling house thereon, situated in the City of St Louis
in the County of St Louis and State of Missouri and described as follows, to wit; beginning at a point in the South line
of East Mound street distant one hundred and fifty two feet Eastwardly from the North West corner of Block
No two hundred and forty eight said North West corner being the intersection of the Eastern line of Broadway with
the Southern line of East Mound street, thence Southwardly and parallel with Broadway one hundred and nineteen
feet and a half to an alley, thence Eastwardly along the Northern line of said alley thirty feet, thence Northwardly
and parallel with said first line one hundred and nineteen feet and a half to the Southern line of East Mound street
and thence Westwardly thirty feet along the South side of said Mound to the place of beginning. It is therefore consid
ered by the Court that partition of said real estate be made among said parties according to their respective rights and
interests as above ascertained and determined by the Court; and it appearing to the Court that partition in kind
of the above described real estate cannot be made without great prejudice to the owners thereof, it is ordered that
the Sheriff sell said real estate, at public auction, to the highest bidder, for cash.
Continued as on affidavit at defendants costs for absence of
Defendant files a motion for a new trial herein.
Discharge of Garnishee. Order of Citation.
Now come the plaintiffs, by their attorney, and on their motion
the said garnishee
with an allowance of ten dollars for answering herein, at the costs
of said plaintiffs: and the plaintiffs file a traverse of the
answer of said
the balance of two hundred and ninety five dollars and twenty one cents arising from the sale of flour including
proceeds 193 sacks of corn in due to one
the said
sixty
On motion of the plaintiff, by his attorney,a dedimus is awarded him to New York.
On motion of the plaintiff, by his attorney,a dedimus is awarded him to Illinois.
Dismissal.
By consent of parties, it is ordered that this cause be dismissed at defendants costs and that execution issue
therefor.
Dismissal.
No one appearing to prosecute this action it is ordered that the same be dismissed at plaintiffs costs and that
execution issue therefor.
Continued as on affidavit of the defendants, costs to abide result of suit.
On Bill of exchange.
Now come the plaintiffs, by their attorney, but the defendant although duly
warned and called comes not but make default wherefore the petition herein
is taken against him as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred
and ninety Three dollars and eighty three cents. It is therefore considered by the Court that the plaintiffs recover of the
defendant the debt aforesaid as found and also their costs herein expended and have execution therefor.
On Note.
Now come the plaintiffs, by their attorney, but the defendant although duly
warned and called comes not but make default, wherefore the petition herein
is taken against him as confessed; and the Court finds from the instrument
in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of One hundred
and nine dollars and one cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt
aforesaid as found and also have execution therefor. Judgment to bear interest at ten per cent per annum.
Plaintiff files a bond for costs with
the defendants thereon, which bond is approved by the Court.
By leave and consent plaintiff amends his petition by changing name of defendant
to president Directors and Company of the Bank of Louisville.
Depositions for defendant opened and filed.
Petition for Damages.
Now come the plaintiff and the defendant,
respective attorneys, and also come a Jury, to wit;
Wilke
twelve good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try the
trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the defendants. It
is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendant go
hence without day and recover of plaintiff their costs and charges herein expended and have execution therefor.
Continued as on affidavit at plaintiffs costs.
Continnued.
Non Suit.
Now comes the defendant, by his attorney, but no one appearing to prosecute this suit, it is
therefore, on motion of defendant, considered by the Court that the plaintiff take nothing by
his suit in this behalf but that the defendant go hence without day and recover of plaintiff his
costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
On motion of defendant the time for answering herein is extended
ten days.
On Note.
Now comes the plaintiff, by its attorney, and the parties having, at the last term of this Court, filed
an agreement continuing this cause, with a condition that if the defendant should fail to pay all
costs accrued to the date of the filing of side agreement, on or before the first day of the present
term of this Court, Judgment should be rendered as prayed for in said petition of plaintiff, therefore, on motion of the plaintiff,
the Court doth find from the instrument in writing on which this action is founded that the defendant is indebted to
the plaintiff in the sum of Three hundred and forty dollars and thirty two cents. It is therefore considered by the Court
that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and also its costs herein expended
and have execution therefor.
On Note.
Now comes the plaintiff, by his attorney, but the defendant, although duly warned and called comes
not but makes default, wherefore the petition herein is taken against him as confessed; and the Court
finds from the instrument in writing on which this action is founded that the defendant is indebted
to the plaintiff in the sum of Five hundred and sixty two dollars and eighty seven cents. It is therefore considered by the
Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and also his costs herein
expended and have execution therefor.
Order of Reference.
By consent of parties this cause is referred to
hear and decide the matters in controversy herein; and it is ordered that he
make a report of his proceedings as soon as practicable.
Continued by consent.
Continued.
Continued.
Continued by consent.
cipation to
height, rather heavily built or thick set.
emancipation to her slave
eleven inches in height, has a downward scar, of a cut at the outer end of the left eyebrow.
deed emancipation to her negro slave
of medium color about five feet six inches in height, whiskers, when worn, rather thin, complexion uni
form and quite clear approaching to light mulatto.
Confession of Judgment.
Now comes the plaintiff, by his attorney and also comes the defen
dant and files his statement in writing, duly verified by
affidavit, confessing himself indebted to the plaintiff in
the sum of Four hundred and ninety five Dollars, and authorizing the entering
up of judgment against him in favor of the plaintiff therefor. It is therefore con
sidered by the Court, that the plaintiff recover of the defendant, the debt aforesaid
in form aforesaid as confessed and also his costs herein expended and have execution
therefor.
On Account.
Now come the parties, by their respective attorneys, and waiving a Jury submit this cause
to the Court upon the pleadings and proofs and the Court having duly heard and con
sidered the same doth find for the plaintiff and assess his damages at the sum of two
hundred dollars. It is therefore considered by the Court that the plaintiff recover of the defendant, the damages
aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
Amended petition refiled and answer of defendant filed.
Amended petition refiled and answer of defendant filed.
Sheriff files satisfactory proof of service of scire facias.
Sheriff files satisfactory proof of service of scire facias.
Depositions for defendant opened and filed.
Demurrer to second amended petition filed.
By consent of parties this cause is continued to the next term of this Court.
Confession of Judgment.
Now comes the plaintiff, and also comes the defendant and files his duly verified state
ment in writing whereby he confesses himself indebted to the plaintiff in the sum of
One hundred and nineteen dollars and fifty three cents and authorizes the entering up of
judgment against him in favor of plaintiff for that amount. It is therefore considered by the Court that
the plaintiff recover of the defendant the debt aforesaid in form aforesaid as confessed and also his costs
herein expended and have execution therefor.
Petition.
Now at this day come the parties, by their respective attorneys, and also
come a Jury to wit;
Haurtel
lite Tayon
truly to try the trial progresses but not being finished further proceedings are laid over until to morrow.
At the hour appointed for the meeting of the Court, were present
County, and
adjournment, by reason that the Judge was unable to attend, it doth accordingly stand adjourned, together
with all proceedings pending therein, until to morrow morning at ten O'clock.
Court met pursuant to adjournment. Present as before.
Depositions for defendants opened and filed.
Petition for confirmation of proceedings in partition and sale.
Now at this day comes the plaintiff, by his attorney, but the defendant
J Papin
wherefore, on motion of the plaintiff, the petition herein is taken against said
defendant as confessed; and also come the defendants,
W Waugh
and also the defendants,
Papin
pleadings and proofs, and the Court having duly heard and considered the same and being fully advised of and concer
ning all the facts connected with the original proceedings in partition and sale of the premises in the plaintiff petition
described as follows, to wit; a lot in the former town, now City, of Carondelet, in the County of St Louis State of Mis
souri, to wit; the South West quarter of Block No Six in
and sixty feet nine and one forth inches on the East side of Main street and running back of that width one hun
dred and sixty feet and five inches to the middle of said Block and bounded West by Main Street, South by
E street, East and North by the remainder of said block, being United States Survey No 40 in said former
town; and of the value of said land sold and the amount paid therefor on the sale in partition, and being satisfied
that the original proceedings and sale in partition were hand in good faith and the land was sold upon legal
notice and for a fair consideration, It doth therefore consider, adjudge and decree that the original proceedings
and sale in partition shall be valid and binding on all the parties thereto, and that the full and perfect title
of the said defendants in and to the lands described above and in the plaintiffs petition and purchased by said
plaintiff at said partition sale be vested in said plaintiff: and the Court doth further order that the plaintiff
pay the costs of these proceedings and that execution issue therefor.
Depositions for plaintiff opened and filed.
Depositions in behalf of
Satisfaction.
The plaintiff, by his attorney acknowledges to have received full and entire satisfaction
of the judgment herein rendered.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed
at the defendants costs and that execution issue therefor.
The plaintiffs withdraw their motion to set aside the non suit
herein and by leave of Court withdrawn from the files the note
sued on.
On Note.
Now come the plaintiff and the defendants,
by their respective attorneys, but the defendant,
summoned and called comes not but makes default, wherefore the petition herein
is taken against him as confessed; and no Jury being required this cause is sub
mitted to the Court upon the pleadings proofs and exhibit and the Court having duly heard and considered the same
doth find the issues herein joined between the plaintiff and the defendants,
tiff, and doth also find that the defendants are indebted to the plaintiff in the sum of five hundred and twenty three
dollars and sixty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid
as found and also his costs herein expended and have execution therefor.
Depositions for plaintiffs opened and filed.
Continued.
Depositions for plaintiff opened and filed.
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed
at the defendants costs and that execution issue therefor.
Petition for Damages.
Now come again the parties, by their respective attorney, and also the
jurors empannelled and sworn herein and the trial progresses and
being finished the Jurors aforesaid upon their oaths aforesaid say they
find for the defendant the sum of fifty seven dollars and forty six
cents. It is therefore considered by the Court that the defendant recover of the plaintiffs the damages aforesaid
in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
Dismissal.
On Motion of said garnishee, by attorney, it is ordered that he be discharged at the plaintiffs
costs and that execution issue therefor. Ten dollars allowed for answering herein.
On motion of plaintiffs, by their attorney, it is ordered that an alias summons issue herein.
Cause continued.
Replevin.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
Hannon
Comby
the issues herein joined well and truly to try the trial progresses but not being finished is laid over until
to morrow.
Court met pursuant to adjournment. Present as before.
Confession of Judgment.
Now comes the plaintiff, by his attorney, and also comes the defendant and files his state
ment in writing duly verified by affidavit confessing himself indebted to the plaintiff in
the sum of three hundred and twenty three dollars and twenty five cents and authorizing
the entering up of judgment against him in favor of the plaintiff for that amount. It is therefore considered by the
Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as confessed and also his
costs herein expended and have execution therefor. Judgment to bear interest at ten percent per annum.
On motion of the plaintiff, by their attorney, it is ordered that an alias summons issue
herein. Cause continued.
Continued as on affidavit at plaintiffs costs on account of absence of
Weigman
Plaintiffs by leave of Court file an amended petition herein.
Motion to suppress depositions filed.
Dismissal.
On motion of said garnishee it is ordered that the said garnishee be discharged at the
plaintiffs costs and that execution issue therefor. The sum of ten dollars is allowed
said garnishee for answering herein.
The Court appoints
appraisers to appraise property and effects assigned herein.
Dismissal.
On motion of plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs
and that execution issue therefor.
Replevin.
Now come again the parties, by their attorneys, and also the Jurors empan
nelled and sworn herein and the trial progresses and being finished the Jurors
aforesaid upon their oaths aforesaid say they find for the plaintiff and assess his
damages at the sum of one cent. It is therefore considered by the Court that the plaintiff have and retain the
possession of the property delivered to him under the order made herein at the commencement of this suit and
that he recover of the defendant the damages aforesaid in form aforesaid as assessed and also his costs and
charges herein expended and have execution therefor, motion to set aside verdict filed.
On motion of the defendant, by his attorney, a dedimius is awarded him to Illinois.
Answer and motion to strike out parts of answer filed.
Depositions for plaintiffs opened and filed.
The plaintiffs file a motion for a new trial.
Commissioners motion for allowance of counsel fees filed.
Amended petition filed.
Amended petition filed.
Defendant by leave of Court withdraws from the files the original bill of sale
and files a copy thereof.
Petition.
Now come the plaintiff, by their respective attorneys, and by their consent
this cause is referred to
matters in controversy herein and it is ordered that he report with all
convenient speed; and afterwards comes said Referee
and files his report, and by consent of parties said report is confirmed; and the Court doth find therefore that
the defendant is indebted to the plaintiff in the sum of three hundred and sixty six dollars and fifty five cents. It
is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as
found and also her costs herein expended and have execution therefor. The sum of five dollars is allowed said
refer for his services to be taxed as costs.
Order of Reference.
On motion of the defendant by his attorney, this cause is referred to
decide the matters in controversy herein, and it is ordered that he make report of his procee
dings as early as practicable.
Continued.
Answered filed.
Answered filed.
Continued.
Rent
Now come the parties, by their respective attorneys, and file a stipulation and consent
and agree that judgment be rendered herein in favor of plaintiff and against the
defendant for the sum of one hundred and fifty two dollars and fifty cents. It is therefore considered by the Court that
the plaintiff recover of the defendant the debt aforesaid in form aforesaid as agreed upon and also his costs herein expended
and have execution therefor.
In Partition.
Now come the plaintiffs, by their attorney, and file a peti
tion for partition and also come the defendants and file answers
thereto, and the parties submit this cause to the Court upon
said petition and answers, and the Court having duly heard and
considered the same doth find there from that the plaintiffs and
defendants are the own us as tenants in common of the lot of
ground described in the petition as follows, to wit; a certain trait
of parcel of land situate in the City & County of St. Louis
in Christy's Addition to the City of St. Louis, according to Brown's
map lying in block forty three (43) of said Addition, fronting twenty seven (27) feet Northwardly on Franklin avenue
and running back Southwardly one hundred and forty four 7/12 feet (144 7/12) to an alley twenty feet wide, bounded North
by Franklin Avenue, South by an alley, West by lands of the estate of
heretofore conveyed by
wife to
in Book P No 3 page 10: And the Court doth as certain and determine that
is entitled to an estate for her natural life in one third of two thirds that is to say in two ninths for her dower, in the said
lot of ground, and
said dower interest the note of one hundred dollars executed by said
April, 1859
accrued thereon; that
third part of said lot of ground, subject to the dower of the said
Hoke
say to one twenty first part, of the said lot of ground; that the said
sevenths of one third, that is says to one seventh part of said lot of ground; that the said
erick
to say to one one hundred and Fifth part of said lot of ground. It is therefore considered by the Court that partition
of said lot of ground be made among said parties according to their respective rights and interests as above ascertained and
determined; and it appearing to the Court that partition thereof in kind cannot be made without great prejudice to the
owners thereof, it is therefore ordered that the Sheriff of St Louis County sell said lot of ground at publication to the
highest bidder upon the following terms; one third of the purchase money to be paid in cash, and the balance in equal
payments of one and two years, deferred payments to be secured by notes and deed of trust, and to bear interest at the
rate of Six per cent per annum.
Order Changing Venue.
Said Defendant,
a change of venue, and the Court, after due consideration thereof, doth order
that the venue of this cause be changed to the St Louis Court of Courmen
Pleas, and that the Clerk of this Court file all the original papers
together with a certified copy of the record entries herein, in the office of
the Clerk of said St Louis Court of Common pleas.
Change of Venue to Common Pleas.
Now come the plaintiffs by attorney and suggest and show to the
satisfaction of the Court that the defendant,
has departed this life since the commencement of this suit and that
as his executor, it is therefore ordered that said
stituted as a defendant in lien of said Cure, and thereupon comes said
and enters his appearance as on a co-defendant herein: and by consent of parties it is ordered by the Court that the venue of
this cause be changes to the St Louis Court of common pleas and that the Clerk of this Court file all the original papers,
together with a certified copy of the records entries herein, in the Office of the Clerk of said St Louis Court of common pleas.
Petition.
Now come the parties, by their respective attorneys, and also come a Jury, to wit:
and lawful men who being duly elected tried and sworn the issue herein joined well and truly to try the trial progresses
and being finished the Jurors afore upon their oaths aforesaid say they find for the plaintiff in sum of seven
hundred dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid
in form aforesaid as found and also his costs herein expended and have execution therefor.
Petition.
Now come the parties, by their respective attorneys, and also come a Jury to wit;
Comby
and lawful men who being duly elected tried and sworn the issue herein joined well and truly to try the trial progresses
but not being finished is laid over until to morrow.
Order of Publication.
On motion of the plaintiff, by his attorney, it is ordered that the defendant be notified that
a civil action has been commenced against him /insert/ for the sum of nine hundred and sixteen dollars and seventy five cents/insert/ on account of a promissory note executed
by the defendant to the plaintiff, and that his property has been attached and unless he
appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of
St Louis, on the Last Monday of September next and on or before the third day thereof answer to the action afore
said according to law, Judgment will be rendered against him and his property sold to satisfy the same. And it
is further ordered that a copy hereof be published according to law in the Missouri Democrat a newspaper
printed and published in the City of St Louis.
Court met pursuant to adjournment. Present as before.
Petition.
Now come again the parties, by their respective attorneys, and also the Jurors empannelled and
sworn herein, and by consent of parties
and the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they
find for the defendant. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but
that the defendant go hence without day and recover of the plaintiff his costs herein expended and have execution therefor.
Default.
Now come the plaintiff, by his attorney, but the defendant failing to answer make default,
wherefore the petition herein is taken against them as confessed.
A dedimus is awarded plaintiffs to New York. On motion of
attorney for plaintiffs.
A dedimus is awarded plaintiff to Pennsylvania. On motion of
The motion to dismiss for want of security for costs being heard and fully considered by the
Court, it is ordered that unless the plaintiffs file a good and sufficient bond for costs within
twenty days from this date, this cause shall stand dismissed at plaintiffs costs: and this
cause continued as upon affidavit at plaintiffs costs for absence of
On motion of plaintiff, by attorney, a subpoena duces tecum is ordered to issue to
Billon
Plaintiff, by attorney, files an affidavit, and the Court after due consideration thereof
doth grant the plaintiff leave to sue as a poor person, and thereupon doth overrule the
defendants motion for security for costs; and this cause is continued by consent of par
ties at the defendants costs.
Defendant files a motion for a new trial.
Continued.
Now comes
The plaintiffs application for an injunction being heard and fully considered
by the Court is overruled.
Depositions for plaintiffs opened and filed.
Petition.
Now come the parties, by their respective attorneys, and also come a Jury,
to wit;
ted tried and sworn the issue herein joined well and truly to try further proceedings are laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
Decree ordering account to be taken, and appointing Referee.
This cause having hereto fore been submitted to the Court upon the amended petition, answer,
and proofs and fully argued by counsel and taken under advisement by the Court, Now at
this day again come the respective parties, by their attorneys, and the Court being fully advised
of and concerning the premises doth order and adjudge that all settlements of accounts between plaintiff and defendant
based upon the agreements mentioned in plaintiffs petition be opened, and that a new and correct account be taken
disallowing all the charges made by defendant against plaintiff for interest and services as charged in defendants
account as usurious, and that instead of the charges their made the defendant be allowed ten per cent per annum
on the sum advanced by him under the agreement dated
rate of six per cent per annum on all the other advances made by him for plaintiff, That defendant be allowed
a commission of five percent on all rents collected by him according to said agreement and a reasonable sum for
the services rendered by him in the charge of the leasehold property described in the petition, and paying taxes thereon,
and redeeming the same from tax sales and other services connected with the same, that defendants counter claim
for three hundred dollars for horse buggy and harness set up in his answer be disallowed, that in stating said
account the full amount of the judgment of Whitehill and Company against plaintiff of two hundred and thirty
dollars be allowed to defendant that in estimating interest the same be calculated on both sides of the account
with annual rests on all the advances and receipt of defendant from the date of the first advance to the com
mencement of this suit, and that interest at the rate of six percent per annum be allowed on whatever balance
may be found to have been due from defendant to plaintiff at that date. It is further ordered and adjudged
that
tween the parties in accordance with the principles stated in this order, and that he report his proceedings herein to
this Court as soon as the same can be conveniently done. It is further ordered that the defendant file in this cause
within twenty days of the filing of this decree a bill of particulars of the services for which he claims compensation
under the proceedings in this cause; and the Court reserves the right to make such other and further order or Judg
ment in the Cause upon the coming in of the report of said Referee as the justice of the case may require.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at
plaintiffs costs and that execution issue therefor.
Depositions for plaintiffs opened and filed.
Depositions for plaintiff opened and filed.
Note.
Now come the plaintiffs, by its attorney, but the defendants failing to
answer herein make default, wherefore the petition herein is taken against
them as confessed; the Court finds from the instrument in writing
on which this action is founded that the defendants are indebted to the plaintiff in the sum of one hundred and fifty
two dollars and sixty three cents. It is therefore considered by the Court that the plaintiff recover of the defendants the
debt aforesaid as found and also its costs herein expended and have execution therefor.
Now come again the parties, by their respective attorneys, and also the
jurors empannelled and sworn herein and the trial progresses but not
being finished is laid over until Monday.
Court met pursuant to adjournment. Present as before.
The plaintiff motion for leave to amend being heard and fully considered by the Court
is sustained; and the amendment is accordingly made by insertion in the caption of the
petition and making the same read "The State of Missouri to the use of
and this cause is continued as on affidavit at defendants costs for absence of
The plaintiffs motion for leave to amend being heard and fully considered by the Court is
sustained; which amendment is accordingly made by inserting in the caption of the
petition, immediately above the name of the plaintiff the words "The State of Missouri to
the use of," and making the State plaintiff herein; and this cause is continued as on affidavit at the defendants
costs for absence of
By consent of parties, plaintiff is given leave to amend his petition and affi
davit by interlineations so as to make defendants names read, wherever they
occur therein, "
constable jr,"; and by like consent the interlocutory judgment heretofore entered herein is set aside and
vacated; and defendants withdraw their motion to set aside interlocutory judgment, and six days from
this date are given defendants to answer. Aguement filed.
The plaintiff, by her attorney, comes and dismisses this suit.
On motion of plaintiffs, by attorney, it is ordered that an alias summons issue herein.
Cause continued.
Satisfaction.
Plaintiff by his attorney, in open Court acknowledges to have received full and entire
satisfaction of the judgment rendered herein.
Motion to set aside judgment by default filed.
On motion of plaintiffs a dedimus is awarded them to New York, and by leave of
Court they withdrawn from the files the note herein and files a copy thereof. Said note
is withdrawn for the purpose of taking depositions.
Petition.
Now come again the parties, by their respective attorneys, and also the
jurors empannelled and sworn herein, and the trial progresses and
being finished the Jurors aforesaid upon their oaths aforesaid say
they find for the plaintiffs the sum of fifteen hundred dollars. It is therefore considered by the Court that the
plaintiffs recover of the defendants the damages aforesaid in form aforesaid as found and also their costs herein expended
and have execution therefor.
Deposition for plaintiffs opened and filed.
This cause is continued to the next term by consent of parties.
On Account.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
elected tried and sworn the issues herein joined well and truly to try the trial progresses but not being
finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
The parties file an agreement and by their consent eight days from this date are given
the defendants to file exceptions to the decree entered herein or any motions in relation
thereto.
Order allowing plaintiffs counsel fees.
In the matter of
tion of the Court both by the original petition. petition in this cause and also by the an
swer and eross bill of defendant as well as by the affidavit filed by the plaintiff upon
which her motion and application for a decree against the defendant for money to enable her to prosecute
her suit against the defendant for a divorce from the bonds of matrimony now subsisting between her and the
defendant rests that she is the lawful wife of said defendant, that she is poor and without means to prosecute
her suit, and it further appearing by the admission of the said defendant that he is at this time north and
the owner of property of the value of three thousand dollars. It is therefore ordered adjudged and decreed by the
Court that the defendant pay to the plaintiff for the use of her solicitors,
the sum of one hundred dollars, and that all others questions both of law and fact be reserved until the
final disposition of the suit.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the
defendants costs and that execution issue therefor. By like consent defendants withdraw
from the files the notes sued on and file a receipt therefor.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the defendants
costs and that execution issue therefor. By like consent defendants withdraw from the files
the notes sued on and file a receipt therefor.
Leave is given plaintiff to amend which amendment is accordingly made
by adding an additional interrogatory herein.
By leave of Court plaintiff adds an additional interrogatory herein.
The defendants come and file a motion for a new trial herein.
Account of trustee is this day filed herein.
Depositions for defendant opened and filed.
Plaintiff files a motion for summary judgment for amount
levied on execution in favor of plaintiff.
Depositions for the garnishee opened and filed.
Petition and affidavits for production of books filed.
Now come again the parties, by their respective attorneys, and also the Jurors empannelled
and sworn herein and the trial progresses but not being finished is laid over until to
morrow.
Court met pursuant to adjournment. Present as before.
Order for production of proofs.
And now at this day come the parties, by their respective attorneys, and on the peti
tion of the defendant and affidavits filed, it is ordered by the Court, that the
plaintiff produce and deposit in the Clerks office of this Court, for the inspec
tion of the defendant, and for use on the trial of this cause, all the books of account
of the plaintiff kept by him in his furniture store at the City of Weston in this State, and also all the books of ac
count of the plaintiff kept by him in his furniture store at Atchison, in Kansas Territory, during the years, 1856,
1857 and 1858; and also all accounts of goods sold and delivered in either and both of said stores, in said years;
and also all accounts of cash received and paid during said years by plaintiff and his agents; and also all his, plain
tiffs, invoice of goods wares and merchandise and furniture purchased for either of said stores and for both of
said stores and also invoices of goods and furniture on hand in 1856, 1857 and 1858; and also notes
due by or to said plaintiff during said years either and both of said stores on or before the
1860
Court on the said
Cause continued at the defendant's costs.
On Note.
Now comes the plaintiff, by its attorney,and dismisses this suit as to the defen
dant,
moned and called comes not but makes default, wherefore the petition herein is
taken against it is confessed; and the Court finds from the instrument in writing on
which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and sixty five dollars and
sixty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant that debt aforesaid in form
aforesaid as found and also its costs herein expended and have execution therefor.
On account.
Now come the parties by their respective attorneys, and waiving a Jury submit this cause to the Court
upon the pleadings and proofs and the Court having duly heard and considered the same doth find
for the plaintiff and assess his damages at the sum of four hundred and fifty four dollars. It
is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid inform aforesaid as
assessed and also his costs herein expended and have execution therefor.
On note
On motion of plaintiff by his attorney and it appearing to the Court that there is an error in
the judgment rendered herein on the
the entry made on said day be set aside and vacated and the following entered as of said
attorney, but the defendant although duly summoned and called come not but make default, wherefore the petition
herein is taken against them as confessed; and the Court finds from the instrument in writing on which this action is
founded that the defendants are indebted to the plaintiff in the sum of fourteen hundred and eighteen dollars and
seventy cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in
form aforesaid as found and also his costs herein expended and have execution therefor; and it is ordered that this
judgment bear interest at ten percent per annum from this date until paid.
Continued as on affidavit at the defendants costs for absence of
Continued by consent at defendants costs.
Continued.
Continued.
Depositions for plaintiff opened and filed.
On account.
Now come the parties, by their respective attorneys and also a Jury,
to wit;
Pfeister
Newcomb
tried and sworn the issues herein joined well and truly to try the trail progresses and being finished the Jurors aforesaid
upon their oaths aforesaid say they find for the defendant. It is therefore considered by the Court that the plaintiffs
take nothing by their suit in this behalf but that the defendant go hence without day and recover of the plaintiffs
his costs herein expended and have execution therefor.
Continued.
Continued.
Depositions for plaintiff opened and filed.
Onaccount.
Now come again the parties, by their respective attorneys, and also the Jurors empanelled and
sworn herein and the trial progresses and being finished the Jurors aforesaid upon their oaths
aforesaid say they find judgment for the plaintiff in the sum of one thousand two hundred
and eleven dollars and ninety one cents and costs. It is Therefore considered by the Court that the
plaintiff recover of the defendants the damages aforesaid in form aforesaid as found and also her costs herein expended and
have execution therefor.
Petition.
Now come the parties, by the respective attorneys, and also come a
Jury to wit:
truly to try the trial progresses but not being finished is laid over until tomorrow.
having been filed within the time specified so to do,& it appearing to the Court
that said the sale has been in all respects legally conducted. It is ordered that said the re
port be confirmed & that said Sheriff execute deeds to purchasers of the property sold,
& that after paying the costs herein repay the balance of proceeds of sale to the
parties entitled thereto. Three hundred dollars are allowed plaintiffs attorneys for their services to be taxed as costs. Agreement filed.
Court met pursuant to adjournment. Present as before.
Petition.
Now come again the parties, by the respective attorneys, and
also the Jurors empannelled and sworn herein and the trial pro
gresses and being finished the Jurors aforesaid upon their oaths
aforesaid say they find judgment for plaintiffs in the sum of
one hundred and thirty five dollars and costs. It is therefore considered by the Court that the plaintiffs recover of the
defendants the damages aforesaid in form aforesaid as found and also their costs in this behalf expended and
have execution therefor.
Continued, and continuance
set aside.
Answer filed.
Petition.
Now come the plaintiff and the defendant,
and the plaintiff dismisses the suit as to the defendants,
Rea, J
a Jury submit this cause to the Court upon the pleadings and proofs and the
Court having duly heard and considered the same doth find the issue herein
joined in favor of the defendant. It is therefore considered by the Court that the plaintiff take nothing by his suit
in this behalf but that the defendant go hence without day and recover of the plaintiff is costs and charges
herein expended and have execution therefor.
Plaintiffs file a motion for a new trial.
Petition
Now come the plaintiffs and the defendant,
and the plaintiffs dismisses this suit as to the defendants,
Latourette
Smith
Judly
herein joined well and truly to try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid
say they find for the defendant. It is therefore considered by the Court that the plaintiffs take nothing by their suit in
his behalf but that the defendant go hence without day and recover of the plaintiffs his costs and charges in this be
half expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
Plaintiffs file the affidavits of
Defendants file separate demurrer herein.
Defendant files a motion for security for costs.
Plaintiff files herein a motion for a new trial.
Answer filed.
Answer filed.
Plaintiffs, by their attorney, file a motion for a new trial herein.
Satisfaction.
Now come the plaintiffs, by
received full and entire satisfaction of the judgment rendered herein.
The plaintiffs motion to strike out the defendants answer being heard and fully considered by the
Court is sustained; and said answer is accordingly stricken out; Ten days are given defendant
to file amended answer.
The demurrer to the petition being heard and fully considered by the Court is overruled, Five
days are given the defendant to answer herein.
The defendants motion to strike out the petition being heard and fully considered by the Court is
overruled.
Notice of motion for summary judgment filed.
On motion of plaintiff, by her attorney, a dedimus is awarded her to Illinois.
By consent of parties, the discharge of said garnishee heretofore entered is set aside and
vacated and ten days are given plaintiff to reply or deny.
Defendants file a motion for a new trial and on their motion four days are given them
to file affidavits in support of said motion.
Defendants file motion for a new trial herein.
Court met pursuant to adjournment. Present as before.
Exceptions to motion for summary Judgment filed.
The defendants motion to dismiss this suit being heard and fully considered by the Court is
overruled; Ten days are given the defendant to answer.
The motion to strike out answer of defendant
Court is overruled.
Plaintiffs file a bond for costs with
Defendant comes, by his attorney, and files a bill of Exceptions herein.
Comes the plaintiff and confesses the motion for security for costs and until the
next is given him to file such security.
Plaintiffs motion to strike out part of answer of defendant,
fully considered by the Court is sustained; and twenty days are given said defen
dant
The plaintiffs motion to strike out part of answer of defendant,
being heard and fully considered by the Court is sustained; and twenty days are given
said defendant
The defendants motion to strike out part of petition being heard and fully considered
by the Court is overruled; Ten days are given the defendant to answer.
The plaintiffs motion to suppress the deposition of
and fully considered by the Court is sustained, and the said deposition is
accordingly suppressed: cause continued.
Depositions for defendant
Mo to suppress part of depositions filed.
The Court having duly heard and considered the motion of plaintiff,
filed in this cause, to suppress the deposition of
in this cause, and being thereof fully and sufficiently advised, doth order
that the same be sustained. Bill of Exceptions, filed.
On motion of the defendants, by attorney, five days additional time are given them
to answer herein.
Depositions for plaintiff opened and filed.
Said Garnishee
Court met pursuant to adjournment. Present as before.
Depositions for defendant opened and filed.
Depositions for defendant opened and filed.
Order of Reference, Order for
By consent of parties the defendants withdraw their answer and file a supplemental an
swer herein; and on motion of the defendants, this cause is referred to
Bennett
that said referee make report of his proceeding as soon as practicable. Defendants file a motion for a sub
poena duces tecum and the Court, after due consideration thereof, doth order that a subpoena duces tecum issue
to
may designate, all the books of account, in his possession, of the late firms of
and
Continued by consent.
Continued by consent.
Now come the parties and file an agreement herein.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that said garnishees be
discharged at plaintiffs costs and that execution issue therefor.
This cause is continued by consent at plaintiffs costs.
On Note.
Now come the parties, by their respective attorneys, and the defendants with
draw their answer and failing further to plead make default, wherefore the
petition herein is taken against them as confessed; and the Court finds from
the instrument in writing on which this action is founded that the defendants
are indebted to the plaintiff in the sum of Eighteen hundred and twelve dollars and fifty cents. It is therefore con
sidered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and also
his costs herein expended and have execution therefor: and it is ordered that this judgment bear interest at the rate of
ten percent per annum. Assignment of judgment to
Continued.
Continued.
Continued.
Continued by consent.
Order for Delivery.
The plaintiff comes and files a petition and affidavit, according to law, claiming the
possession of certain personal property therein described; wherefore it is ordered that the
defendant deliver the property specified in said affidavit to the Sheriff of St Louis
County, and said Sheriff is hereby directed if said property be not delivered to him to take it from the defen
dant and deliver it to the plaintiff.
Order of Delivery.
The plaintiff comes and files a petition and affidavit, according to law, claiming the possession
of certain personal property therein described; wherefore it is ordered that the defendant de
liver the property specified in said affidavit to the Sheriff of St Louis County, and said
Sheriff is hereby directed if said property be not delivered to him to take it from the defendant and deliver it to
the plaintiff.
The plaintiffs motion for a new trial herein being heard and fully considered by the Court
is overruled.
Dismissal.
By consent of parties it is ordered that this cause be dismissed at defendants costs and
that execution issue therefor.
Defendant to files exception to the decree entered herein.
Answer filed.
Stipulation filed.
The Garnishee,
Now come the parties, by their respective attorneys, and submit the demurrer to the petition to
Court and the Court having duly heard and considered the same, doth order that all that
portion of the plaintiffs petition on the second and third pages thereof, inclosed in brackets
be and the same is hereby striken out, and that said demurrer be and is hereby overruled.
Dismissal.
On motion of plaintiff, by his attorney, it is ordered that this proceeding be dismissed at
his costs and that execution issue therefore.
Order of Publication.
On motion of the plaintiffs, by their attorney, it is ordered that the defendant be no
tified that a civil action has been commenced against him for the sum of two hundred
and sixty five dollars and eighty four cents, on account of goods wares and merchan
dise sold and delivered by the plaintiffs, under the style of
to the firm of
been attached and unless he appear at the next term of this Court to be begun and held at the City of St Louis within
and for the County of St Louis on the last Monday of September next and on or before the third day thereof answer
to the action aforesaid according to law judgment will be rendered against him and his property sold to satisfy the
same. And it is further ordered that a copy hereof be published according to law in the Missouri Republican,
a newspaper printed and publishes in the City of St Louis.
Change of Venue from Land Court.
Now at this day come the parties, by their
respective attorneys, and submit this cause
to the Court upon the pleadings exhibits and
proofs and thereupon the trial progresses but
not being finished is laid over until to
morrow morning.
Court met pursuant to adjournment. Preset as before.
Deposition for plaintiff opened and filed.
Motion for judgment filed.
The demurrer to plaintiffs petition being heard and fully considered by the Court is overruled;
Ten days are given defendant to answer.
In the matter of Application of Assignee for Discharge.
Now comes
heretofore appointed by the Court a commissioner to examine the merits
of the application for a discharge from his said trust heretofore made by
Commissioner: and the Court having examined said Report and being advised of the merits ofsaid application doth
approve the said Report, and thereupon doth order that the said assignee pay into Court the sum of thirty five dollars
and seventy cents being the balance of dividends unclaimed in his hands, to wit; dividend due
Company
cents; and also that said assignee return here into Court the due bill of
and the note of
the application of said assignee and in the Report of said Commissioner: and that said assignee also deliver into Court
all the books of account and papers relating to said assignment or the business thereof, and that he pay all costs accused
therein, including the sum of fifteen dollars which is allowed to said Commissioner.
Plaintiff by leave of Court withdraws the note herein and files a copy thereof.
Plaintiff by leave of Court withdraws exhibit C and files a copy thereof.
Confession of Judgment.
Now comes the plaintiff, by his attorney, and files the statement of the defendant duly verified
by affidavit, whereby the defendant confesses himself indebted to the plaintiff in the sum of
three hundred and one dollars and four cents and authorizes the entering up of judgment against
him in favor of the plaintiff for that amount. It is therefore considered by the Court that the plaintiff recover of
the defendant the debt aforesaid in form aforesaid as confessed and also his costs herein expended and have execution
therefor; and it is ordered that this judgment bear interest at ten per cent per annum from this date.
Confession of Judgment.
Now comes the plaintiff, by his attorney, and files the statement of the defendant duly verified by affi
davit, whereby the defendant confesses himself indebted to the plaintiff in the sum of seventy six
dollars and eighty seven cents and authorizes the entering up of judgment against him in favor of the
plaintiff for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as
confessed and also his costs herein expended and have execution therefor, Judgment bear interest at ten per cent per annum.
Transcript from St Louis Brobate Court filed.
The defendant motion for a new trial being heard and fully considered by the Court is overruled.
In the matter of application for Discharge. Order of Discharge.
Now comes the said
to the satisfaction of the Court that he hath obeyed and fully performed the
order heretofore made by the Court in pursuance of the report of
Hitchcock
dollars and seventy cents, balance of dividends unclaimed in his hands, and hath delivered to the Clerk the several
books and papers in said order mentioned, and that paid all costs accrued in this behalf: Whereupon, it is further
ordered that the said
all further duty or obligations under said assignment.
Replevin.
Now come the parties by their respective attorneys, and waiving a Jury submit
this cause to the Court upon the pleadings and proofs, and the Court having
duly heard and considered the same doth find the issues herein joined in favor of
the plaintiffs and assess their damages sustained by reason of the promises in the petition mentioned at the sum of fifty
dollars and assess the value of the property in dispute at the sum of one hundred and fifty dollars. It is therefore con
sidered by the Court that the defendant and
said property, towit; a certain black Morgan horse, a stallion, aged about six years, or pay the value aforesaid as assessed,
at the election of the plaintiffs, and also pay the damages aforesaid as assessed and the costs of this suit, and that the plaintiff
have execution therefor.
Motion to strike out part
of petition filed.
The motion to strike out the defendants answer being heard and fully considered by the Court is over
ruled, to which action of the Court plaintiff excepts.
Five days additional time are given defendants to file affidavits in support of motion
for a new trial.
Change of Venue from Land Court.
Now come again the parties, by their respective
attorneys, and the trial progresses but not being
finished is laid over until to morrow.
Court met pursuant to adjournment. Preset as before.
Motion for security for costs fileds.
Order of Publication.
The plaintiff files a petition and also an affidavit according to law from which it appear to the Court
that the defendant is a non resident of the State of Missouri, therefore on motion of the plaintiff, by
her attorney, it is ordered that the defendant be notified that a civil action has been commenced against
him to obtain a decree of divorce from the bonds of matrimony existing between plaintiff and defendant on the ground that
the defendant has offered such indignities to the plaintiff as to render her condition intolerable, and also to obtain a
decree restoring to plaintiff her maiden name, and that unless he appear at the next term of this Court to be begun and
held at the City of Stt Louis, within and for the County of St Louis, on the last Monday of September next, and nor
before the Sixth day thereof answer to the action aforesaid, according to law, the plaintiffs petition herein will be taken
against him as confessed. And it is further ordered that a copy hereof be published according to law in the
Morning Herald a newspaper printed and published in the City of St Louis.
Continued by consent.
Continued.
On motion of plaintiff it is ordered that an alias summons issue herein, Cause continued.
Order of Publication.
The plaintiff files an additional affidavit from which it appears to the Court that the de
fendant is a non resident of the State of Missouri, therefore, on motion of the plaintiff, by her
attorney, it is ordered that the defendant be notified that a civil action has been commenced
against him to obtain a decree of divorce from the bonds of matrimony existing between the plaintiff as to render
her condition into levable, and has been convicted of felony, that unless he appear at the next term of this Court to be
begun and held at the City of St Louis, within and for the County of St Louis, on the last Monday of September
next, and on before the Sixth day thereof answer to the action aforesaid, according to law, the petition herein will
be taken against him as confessed. And it is further ordered that a copy here of be published, according to law in
the Missouri Democrat a newspaper printed and published in the City of St Louis.
Continued by consent at plaintiffs costs.
Answer filed.
The plaintiff, by his attorney, comes and files a reply to the Counterclaim.
The plaintiff files a denial of the answer of said garnishee.
By leave of Court plaintiff withdraws the depositions taken in his behalf for the purpose of
having the paper and exhibits properly attached together and certified by the Officer taking the
same and it is ordered that the Clerk seal up and direct the same to said Officer.
Dismissal.
On motion of the plaintiff, by his attorney it is ordered that this cause be dismissed at plaintiffs
costs and that execution issue therefor.
Defendants file a motion for a subpoena duces tecum directed to
the production of certain books before the Referee herein and the Court after due consid
evation thereof doth order that a subpoena duces tecum issue as prayed for in said motion.
Now come again the parties, by their respective attorneys, and the trail progresses
but not being finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
Now comes the plaintiff, by
presents to the Court, an assignment of the Judment herein to
and it is ordered that said assignment be filed, which is accordingly done.
Order of Publication.
The plaintiff files a petition and also an affidavit, from which it appears that the defen
dant is a non resident of the State of Missouri, therefore, on motion of the plaintiff,
by her attorney, it is ordered that the defendant be notified that a civil action has been
commenced against him to obtain a decree of divorce from the lands of matrimony existing between plaintiff and
defendant on the ground that the defendant has offered such indignities to the plaintiff as to render her condition
intolerable, and also to obtain a decree obtaining the restoration of her maiden name, and that unless he appear at the
next term of this Court to be begun and hold at the City of St Louis, within and for the County of St Louis, or the
last Monday of September next and on or before the sixth day thereof answer to the County of St Louis, or the
to law the plaintiffs petition will be taken against him as confessed. And it is further advised that a copy
hereof be published, according to law, in the St Louis Evening News a newspaper printed and published in the
City of St Louis.
Depositions for plaintiffs opened and filed in this cause.
vs
On motion of plaintiff, by attorney it is ordered that an alias Summons issue herein Cause
continued.
The plaintiff files adenial of said garnishees answer.
Depositions this day received opened and filed.
Confession of Judgment.
Now comes the defendant and files his statement in writing duly verified by affidavit, whereby
he confesses himself indebted to the plaintiffs in the sum of twenty eight hundred and seventy
dollars and sixty five cents and authorizes the entering up of judgment against him in favor of
the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs re
cover of the defendant the debt aforesaid in form aforesaid as confessed and also their costs in this behalf expended
and have execution therefor.
Now come again the parties, by their respective attorneys, and the trial progresses but
not being finished further proceedings herein are laid over until Saturday
Morning. Motion to permit non suit as to interest of
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of plaintiff, by his attorney it is ordered that this cause be dismissed at the
plaintiffs costs and that execution issue therefor.
Order for Production of Books and Papers.
The plaintiff files a petition for the production of certain books and papers therein mentioned
and the Court, after due consideration thereof, doth order that the defendant produce, on Mon
day next
City of St Louis, the following bookds and papers, to wi; Inscription books of 1857, 1858 and 1859, Collection books
of 1857, 1858 and 1859, the contract of
and
show cause why the petition of plaintiff should not be granted.
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although duly warned and called
comes not but makes default; wherefore, on motion of plaintiff, the petition herein be taken
against the defendant as confessed; and the plaintiff submits this cause to the Court upon the
petition and proofs, and the Court, having duly heard and considered the same, doth find that the plaintiff is a person
of good moral character and an innocent and injured party. It is therefore considered by the Court that the plaintiff
be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be restored
at all the rights and privileges of an unmarried person, and that the plaintiff pay the costs of this suit and that exe
cution issue therefor.
Depositions taken in New York opened and filed.
Continued.
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and
called comes not but makes default; wherefore, on motion of plaintiff, the petition herein is taken
against the defendant as confessed: and the plaintiff submits this cause to the Court upon the
petition and proofs, and the Court having duly heard and considered the same doth find that the plaintiff is a
person of good moral character and an innocent and injured party. It is therefore considered by the Court that the
plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and
be restored to all the rights and privileges of an unmarried person and that the plaintiff pay the costs of this suit
and that execution issue therefor.
Continued at plaintiffs costs, on account of the absence of plaintiffs counsel.
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although duly called still makes
defendant, and the Court having duly heard and considered the proofs, and being satisfied of the good
conduct of the plaintiff and that she is an innocent and injured party, it doth consider, adjudge
and decree that the plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with the
defendant and be restored to all the rights and privileges of an unmarried person. It is further ordered that the
plaintiff pay the costs of this suit and that execution issue therefor.
By consent of parties this cause is continued at the plaintiffs costs.
On motion of plaintiffs leave is given them to relate the deposition of
On motion of plaintiff, by his attorney, it is ordered that ascire facias issue for the legal
representatives of the defendant. Cause continued.
On note.
Now come the parties, by their respective attorneys, and file a stipulation
and the plaintiffs dismiss this suit as to the defendant,
Stockton
answer herein and failing further to plead makes default, where
fore the petition herein is taken against him as confessed: and the
plaintiffs and defendants,
consent and agree that judgment may be rendered against said defendants and in favor of the plaintiffs for
the sum of twenty hundred and ninety six dollars; and the Court finds from the instrument in writing on
which this action is founded that the defendant,
of twenty hundred
tiffs recover of the defendants the debt aforesaid in form aforesaid as found and agreed upon and also
their costs herein expended and have execution therefor.
Dismissal.
On motion of plantiff it is odered that this cause dismissed at the plani
tiff costs and that execution issue threfor
On account.
Now come the parties, by their respective attorneys, and the plaintiff withdraw his motion for
judgment on the answer herein, and also a Jury, to wit;
Clark
lawful men who being duly elected, tried and sworn the issues herein joined well and truly to try the trial progressed
but the plaintiff says he will not further prosecute his suit this behalf but voluntarily takes a n suit with
his suit in this behalf but that the defendant go hence without day and recover of the plaintiff its costs herein ex
pended and have execution therefor Motion to set aside non suit filed.
On motion of plaintiffs, by their attorney, it is ordered that a Pluries Summons
issue herein, Cause continued.
On motion of plaintiffs, by their attorney, it is ordered that a pluries Summons
issue: Court continued.
Said Garnishee files a second amended answer herein.
Continued as on affidavit at defendants costs for absence of
On account.
Now come the plaintiffs, by their attorney, but the defendant, although duly
summoned and called, come not but make default, wherefore the petition
herein is taken against him as confessed; and the plaintiffs waiving a Jurt, sub
mit this cause to the Court for assessonent of damages and the Court having
duly heard and considered the same doth assess the plaintiffs damages at the sum of two hundred and sixty three dollars
and seventy five cents. It is therefore considered by the Court that the plaintiffs recovery of the defendant the damages aforesaid
as assessed and also their costs herein expended and have execution therefor.
Continued at the plaintiffs costs on account of absence of plaintiffs counsel.
By consent of parties this cause is continued to the next term of the Court.
Continued.
Continued.
This cause is continued to the next term of this Court.
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of plaintiff, by his attorney, it is ordered that this cause be dismissed
at plaintiffs costs and that execution issue therefor.
By consent of parties, the continuance of this cause is set aside and vacated and this
cause placed upon the law docket for trial.
and acknowledgment of a deed of emancipation by
boy aged about four years.
Decree of Divorce.
Now comes the plaintiff, by his attorney, but the defendant still makes default; and the plain
tiff submits this cause to the Court upon the petition and proofs and the Court having duly heard
and considered the same doth find therefrom that the plaintiff is a person of good moral char
acter and an innocent and injured party. It is therefore considered by the Court that the plaintiff be absolutely
and forever divorced from the bonds of matrimony by him contracted with the defendant and be restored to all the
rights and privileges of an unmarried person and that he pay the costs of this suit and that execution issue therefor.
Substitution of Sheriff as Trustee.
It appearing to the Court from the petition of
that he is an interested party in a deed of trust executed by
deceased, on or about the
of St Louis County in Book no 185 p 282, and that
the State of Missouri without having performed the duties imposed on him by said deed, It is therefore ordered
deed of trust in place of the said
Continued by consent, plaintiffs to pay witness fees and costs
of attachments for witnesses accused at this term.
Satisfaction.
The plaintiffs, by their attorney, come and acknowledge to have received full and entire satisfac
tion of the judgment rendered herein
Satisfaction.
The plaintiffs, by his attorney, comes and acknowledge to have received full and entire satisfaction
of the judgment rendered herein
Satisfaction.
The plaintiffs, by their attorney, come and acknowledge to have received full and entire
satisfaction of the judgment rendered herein
Depositions for plaintiff opened and filed. Motion to suppress depositions
filed.
Second amended petition filed.
Now come again the parties, by their respective attorneys, and the trial progresses
but not being finished is laid over until Monday.
Court met pursuant to adjournment. Present as before.
Depositions for plaintiffs opened and filed.
Depositions for plaintiff opened and filed.
Confession of Judgment.
Now comes the plaintiff, by his attorney, and also comes the defendant and files his statement
in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiff
in the sum of one hundred and eighty one dollars and eighty one cents and authorizes the en
tering up of judgment against him in favor of the plaintiff for that amount. It is therefore considered by the Court that
the plaintiff recover of the defendant the debt aforesaid in form aforesaid as confessed and also his costs herein expended
and have execution therefor.
Garnishee Discharged.
On motion of said garnishees, by their attorney, it is ordered that
they be discharged at the plaintiffs costs and that execution issue
therefor. The sum of ten dollars is allowed each of said garnishees
for answering to be taxed as costs.
On motion of the plaintiff, by his attorney, it is ordered that a scire facias issue for the
legal representatives of the said defendant.
Dismissal.
On motion of the plaintiff, by her attorney, it is ordered that this cause be dismissed and
that execution issue against the defendant for the costs herein.
On motion of plaintiffs, by their attorney, it is ordered that an alias sum
mons issue herein.
Petition.
Now come the parties, by their respective attorneys, and also come a Jury to wit;
G Brown
Dix
Asbrook
tried and sworn the issues herein joined well and truly to try, the trial progresses and, by consent,
one of the Jurors, is withdrawn from the panel, and the
charged from the further consideration of this cause, and the plaintiff says he will not further prosecute his
suit in this behalf but voluntarily takes a non suit with leave to more to set the same aside. It is therefore
considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendants go hence
without day and recover of the plaintiff their costs herein expended and have execution therefor. Leave is given
the plaintiff to move to set the above non suit aside.
Continued on application of plaintiff at his costs.
Decree of Divorce.
Now come the parties, by their respective attorneys, and the Court proceeds to hear
the proofs of the parties, and having duly heard and considered the same doth find that
the plaintiff is a person of good moral character and an innocent and injured party.
It is therefore considered by the Court that the plaintiff be absolutely and forever divorced from the bonds of mat
rimony by him contracted with the defendant and be restored to all the rights and priviledge of an unmarried per
son and that he pay the costs of this suit and that execution issue therefor.
The defendants motion for a new trial being heard and fully considered by the Court
is sustained; and the defendants motion in arrest being heard and fully considered
by the Court is overruled.
The defendants motion for a new trial being heard and fully considered by the Court
is sustained; and the Judgment herein is accordingly set aside and vacated.
The defendants motion for a new trial being heard and fully considered by the Court is
sustained; and the Judgment herein is accordingly set aside and vacated.
Default.
Now comes the plaintiff, by his Attorney, but the defendant failing to plead further makes default,
wherefore, on motion of the plaintiff, the petition herein is taken against the said defendant as con
fessed. Cause continued.
On motion leave is granted to file an amended answer herein.
Dismissal.
On motion of the plaintiffs, by their Attorney, it is ordered by the Court
that this cause be dismissed at plaintiffs costs and that execution issue
therefor. Plaintiff by leave of Court withdraws the bill of Exchange sued on.
Said
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at the
plaintiffs costs and that execution issue therefor.
Continued.
Continued.
This cause is continued to the next term of this Court by consent of parties.
On account.
Now come the plaintiffs, by their attorney, but the defendant, although duly called, still
makes default, and the plaintiffs waiving a Jury submit the assessment of damages herein
to the Court upon the proofs and the Court having duly heard and considered the same
doth assess the plaintiffs damages at the sum of one hundred and nineteen dollars and
fifty seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages
aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant,
W Miller
Order of Publication.
The plaintiff files a petition and also an affidavit from which it appears
to the Court that the defendant is a non resident of the State of Missouri,
therefore, On motion of the plaintiff, by his attorney, it is ordered that
the defendant be notified that a civil action has been commenced against it
for the sum of thirty two hundred dollars on account of loss sustained by the plaintiff by reason of the alleged wrong
ful seizure and sale of the Steamboat Cumberland Valley, by the defendant, in which said boat plaintiff claims
to have held an interest of one half, and that its property has been attached and unless it appear at the next term of
this Court to be begun and held at the City of St Louis, within and for the County of St Louis, on the last Monday
of September next, and on or before the third day thereof answer to the action aforesaid according to law judgment
will be rendered against it and its property sold to satisfy the same. And it is further ordered that a copy hereof
be published according to law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
Now come again the parties, by their respective attorneys, and the motion to permit
a non suit as to the interest of
considered by the Court is overruled, and the trial progresses but not being finished
is laid over until Thursday next.
Court met pursuant to adjournment. Present as before.
The separate demurrers to the plaintiffs amended petition being heard and fully
considered by the Court are overruled.
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismisses and that each
party pay his own costs herein, and that execution issue therefor. The plaintiff by leave of Court
withdraws from the files the note sued on.
Order of Sale.
from which it appears that the keeping of the property attached under the writ herein will be attended
with great loss and expense before the probable termination of this suit, and that the said property
is likely to depreciate in value; it is therefore ordered that the said Sheriff sell said property, according to law; and that
he make a report of his proceedings under this order on or before the first day of the next term of this Court.
Replevin.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
Sebert
good and lawful men who being duly elected tried and sworn, by consent of parties, the
issues herein joined well and truly to try the trail progresses and, being finished, the Jury retire from the bar here to
consider of their verdict, to be rendered of and, concerning the premises, and having considered thereof, and agreed
among themselves, return to the bar here, and, upon their oaths aforesaid, say they find for the plaintiff and assess his
damages, sustained by reason of the unlawful detention of the property by the defendants, at the sum of one cent. It
is therefore considered by the Court that the plaintiff retain the possession of the property delivered to him under the
order of delivery herein, and also that he recover of the defendants the damages aforesaid in form aforesaid as assessed
and also his costs herein expended and have execution therefor.
Petition.
Now come the parties, by their respective attorneys, and also come a Jury, to wit;
gresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the defendant. It is therefore
considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendant go hence
without day and recover of the plaintiff his costs herein expended and have execution therefor.
Depositions for plaintiff opened and file. Depositions
for defendant opened and filed.
Now comes the plaintiff, by his attorney, and files a petition, and also comes the defendant and waiv
ing the issue and service of process enters his appearance to this action and files an answer herein.
Depositions for plaintiffs opened and filed in this cause.
Order of Sale.
ment from which it appears that the keeping of the property attached under
the unit herein will be attended with great loss and expense before the probable
termination of this suit; it is therefore ordered that the said Sheriff sell said property, according to law, and
make a report of his proceedings under this order on or before the first day of the next term of this Court.
Continued on affidavit at defendants costs.
Appointment of Guardian AD Litem.
The defendant,
for the infant defendants,
consideration thereof, doth appoint the said,
for the said infant defendants,
Order of Discharge on payment of money into Court.
It is ordered by the Court that a payment into Court by said garnishees
of the amounts confessed, in their answer, to be in their hands, they be dis
charged from any further liability on account of said money or as such
garnishees, or from any costs herein.
Order of discharge upon payment of money in Court.
It is ordered by the Court that on payment into Court by said
garnishees of the amount confessed in their answer, they be discharged
from any further liability on account of said money, or as such gar
nishees, or from any costs herein.
Answer of
by their guardian,
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although duly called,
still makes default; and the Court proceeds to hear the proofs and having finished
the hearing thereof, and being satisfied therefrom that the plaintiff is a person of
good moral character and an innocent and injured party, It doth order adjudge and decree
that the plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with the
defendant and be restored to all the rights and privileges of an unmarried person; and it is further ordered
that the plaintiff pay the costs of this suit and that execution issue therefor.
Petiton.
Now come the parties, by their respective attorneys, and also come a Jury to wit;
Norton
herein joined well and truly to try the trial progresses but not being finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
On motion of the plaintiffs, by their attorney, it is ordered that a pluries summons
issue to
Order of Publication.
The plaintiff, by her attorney, files an additional affidavit from
which it appears to the Court that the defendant, Milton
Glasby
motion of the plaintiff, by her attorney, it is ordered that the said
defendant,
has been commenced against him in the St Louis Circuit Court
the object of which is to obtain a decree approving a trustee in
Lieu of Alban
limitations as were possessed by said
deed executed by
assigns, forever, in trust for the sole and separate use of the said plaintiff; and also to obtain a decree divesting out
of the defendants the legal title to the premises in said deed, described in the petition as follows, to wit; a certain
lot or parcel of ground situated in the addition to the City of St Louis, called North St Louis, and bounded and
described as follows, to wit; beginning at a point of Fifth Street, alias Tenth street, fifty feet from the inter
section of said Fifth Street with Spring street, and running Northwardly thirty feet along the line of said Fifth,
alias Tenth street, thence Eastwardly eighty feet to an alley, thence Southwardly along the line of said alley
thirty feet to a lot owned by
place of beginning, being a part of lot three hundred and sixty two in Block sixty three, according to the plot
made by
Christy
pear at the next term of this Court to begun and held at the City of St Louis, within and for the County of
St Louis, on the last Monday of September next, and on or before the sixth day thereof answer to the action
aforesaid, according to law, the plaintiffs petition will be taken against him as confessed. And it is further or
dered that a copy hereof be published, according to law, in the Missouri Republican, a newspaper printed
and published in the City of St Louis. On motion of the plaintiff, it is ordered that an alias summons issue
for all of the defendants, except
which time this cause is continued.
Deposition for plaintiffs opened and filed.
Now comes the plaintiff, by his attorney, and files an amended petition herein.
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered
by the Court that this cause be dismissed at the costs of said plain
tiffs and that execution issue therefor.
Depositions for plaintiff opened and files in this cause.
Depositions for plaintiffs opened and files this day in this cause.
Depositions for defendants opened and filed this day in this cause.
Depositions for defendants opened and filed this day in this cause.
Petition.
Now come again the parties, by their respective attorneys, and also the Jurors empannelled
and sworn herein and the trial progresses and being finished, the Jurors aforesaid retire
and having considered thereof, and being agreed among themselves, return to the bar here and upon their oaths afore
said say they find for the plaintiff the sum of three hundred and thirty two dollars. It is therefore considered by
the Court that the petition recover of the defendant the damages aforesaid in form aforesaid as found and also
his costs herein expended and have thereof execution.
Depositions for defendant opened and filed.
Answer filed.
On Plea in Abatement.
Now come the parties, by their respective attorneys, and also come a Jury,
to wit;
Barnum
and lawful men who being duly elected tried and sworn the issue joined upon the plea in abatement well and
truly to try the trail progresses but not being finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
Plaintiff files an assignment of the judgment herein to
Order of Publication.
The Sheriff having made return that the defendant cannot be found and the Court
being satisfied that process cannot be served upon him, therefore, on motion of the plaintiff,
by her attorney, it is ordered that the defendant be notified that a civil action has been com
menced against him to obtain a decree of dwince from the bonds of matrimony existing between the plaintiff and
the defendant, on the ground of desution and also to obtain the care and control of the infant child mentioned
in the petition, and that unless he appear at the next term of this Court to be begun and held at the City of St
Louis within and for the County of St Louis, on the last Monday of September next, and on or before the Sixth
day thereof answer to the action aforesaid according to law the petition herein will be taken against him as con
fessed. And it is further ordered that a copy hereof be published, according to law, in the Missouri Democrat
a newspaper printed and published in the City of St Louis.
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered that this cause be dismissed at
the plaintiffs costs and that execution issue therefor.
On Note and Account.
Now comes the plaintiff, by his attorney, but the defendants still make default; and
the plaintiff submits the assessment of damages to the Court upon the pleadings and
proofs and the Court, after due consideration thereof, doth assess the plaintiffs dam
ages at the sum of Seven hundred and seventy five dollars and sixty five cents. It
is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid
as assessed and also his costs herein expended and have execution therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs
and the execution issue therefor.
Order extending time for selling at private sale.
Upon reading the petition of
and advising with regard to the same. It is ordered that the said assignee
do proceed to sell and dispose of the stock of goods wares and merchandise
assigned at private sale for cash for the further period of sixty days. It is further ordered that at the end and
termination of Sixty days from this date whatever assets then belonging to said estate undisposed of at the store
No 188 Broadway St Louis together with the fixtures in the store shall be sold by said assignee for cash at
publication.
Discharge of Garnishee.
On motion of said garnishee, by his attorney, it is ordered that he be discharged
hence at the plaintiffs costs, without an allowance for answering, and that
execution issue for said costs.
Motion to dismiss suit for want of security for costs filed.
Order Discharge. Receiver Appointed.
Now come the said garnishees, and pay
into Court the sum of Seven hundred
and sixty two dollars and thirty seven cents,
the amount confessed by them in their answer,
Whereupon the said garnishee are discharged from any further liability as garnishees herein; and the Court appoints
same to keep and preserve subject to the order of this Court, and the said Receiver files a bond in the sum of
one thousand dollars with himself, as principal, and
bond is approved by the Court: and the amount so paid into Court is accordingly delivered to said Receiver,
who files his receipt therefor.
Comes the plaintiff, by his attorney, and files a petition and also the acknowledgment of
service of petition and writ, by defendants.
Confession of Judgment.
Now come the plaintiffs, by their attorney, and also comes the defendant and files
his statement in writing duly verified by affidavit whereby he confesses him
self indebted to the plaintiffs in the sum of twelve hundred and sixty eight
dollars and eighty six cents and authorizes the entering up of judgment against
him in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover
of the defendant the debt aforesaid in form aforesaid as confessed and also their costs in this behalf expended and
have execution therefor.
Said garnishee comes and files an answer herein.
On Plea in Abatement.
Now come again the parties, by their respective attorney,
and the trial progressed and being finished the Jury retire to consider of their verdict.
Now come again the parties, by their attorney, and further proceedings are
laid over until to morrow.
Court met pursuant to adjournment. Present as before.
Dismissal.
On motion of the plaintiff, by her attorney, this cause is dismissed.
On account.
Now come the plaintiffs, by their attorney, and dismiss this suit
as to the defendant,
H Heywood
but makes default, wherefore the petition herein is taken against
him as confessed; and the plaintiffs waiving a Jury submit this cause to the Court for assessment of damages
and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of one
hundred and eighty eight dollars and thirty five cents. It is therefore considered by the Court that the plain
tiifs recover of the defendant the damages aforesaid in form aforesaid as assessed and also their costs herein expen
ded and have execution therefor.
On account.
Now come the parties, by their respective attorneys, and con
sent and agree that judgment may be rendered herein in favor
of the plaintiffs for the sum of Seventy Six dollars and ninety
cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid
as agreed upon and also their costs herein expended and have execution therefor.
Continued by consent.
Continued.
Continued by consent.
Continued no one
answering.
On Notes.
Now come again the parties, by their respective attorneys, and also come the
Jurors, empannelled and sworn herein, and being agreed upon a verdict,
upon their oaths say they find for the plaintiffs upon the issue joined
upon the defendants plea in abatement. It is therefore considered by the
Court that, at the date of the commencement of this suit, the defendant was about fraudulently to conceal
remove or dispose of his property or effects so as to hinder or delay his creditors: and the defendant failing to
answer makes default, wherefore the petition herein is taken against him as confessed; and the Court finds
from the instruments in writing on which this action is founded that the defendant is indebted to the plain
tiffs in the sum of fifteen hundred and thirteen dollars and forty four cents. It is therefore considered by the
Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also
their costs in this behalf expended and have execution therfor. The defendant files a motion
for a new trial a plea in abatement.
The plaintiff at this day comes and files a motion for a new trial herein.
Dismissal.
By consent of parties, it is ordered that this cause be dismissed at defendants
costs and that execution issue therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed
at his costs and that execution issue therefor. Plaintiff by leave of Court
withdraws from the files the note sued on and files a copy thereof.
On motion of the plaintiffs, by their attorney, it is ordered that analias
summons issue herein. Cause continued.
Dismissal.
On motion of plaintiff, by its attorney, it is ordered that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
On Inter plea of
Now come the plaintiffs and the interpleader,
tive attorneys, and also come a Jury, to wit;
the plaintiffs and said interpleader well and truly to try the trial progresses and being finished the
Jurors aforesaid upon their oaths aforesaid say they find the issue joined upon said interplead of
Markley
of said interpleader their costs and charges in that behalf expended and have execution therefor.
Allowance of alimony pendants lite.
Now come the parties, by their respective attorneys, and submit to the Court the
application of the defendant for an allowance for temporary support and
maintenance and for an allowance to retain counsel to prosecute her suit, and
the Court, having duly heard and considered the same, doth order that the plaintiff pay to the defen=
dant, or her agent appointed under her hand, for the temporary support and maintenance of
herself, and the two children in her custody, the sum of forty one dollars and sixty five
cents on the Second Tuesday of each and every month thereafter, until the further order
of this Court; and also that the plaintiff pay to the defendant, or to
ardson
this month, for the purpose of retaining counsel to prosecute her suit. Leave is given the par
ties to apply to this Court for any modification of this decree which may be deemed necessary.
Now at this day comes the defendant and files a bill of particulars herein.
Answer to Order for production of books filed by the defendant.
Defendants file a demurrer to the petition herein.
Now come again the parties, by their respective attorneys, and the trial pro
gresses but not being finished is laid over until Monday next.
Court met pursuant to adjournment. Present as before.
On Note.
Now come the plaintiffs, by their attorney, and
dismiss this suit as to the defendants,
Robert Barclay
makes default; and the plaintiffs waiving a Jury submit this cause to the Court upon the
proofs for assessment of damages; and the Court having duly heard and considered the same
doth assess the plaintiffs damages at the sum of Seventeen hundred and sixty eight dollars.
It is therefore considered by the Court that the plaintiffs recover of the defendant the damages
aforesaid in form aforesaid as assessed and their costs in this behalf expended and have
execution therefor: and it is ordered by the Court that this judgment bear interest at
ten per cent per annum from this date until paid.
On motion of plaintiff leave is given him to amend and
it is ordered that he deliver a copy of amendment to defendants.
Continued.
Continued.
Motion to strike out answer and for judgment filed.
Dismissal.
Now at this day come the parties, and by their consent it
is ordered by the Court that this cause be dismissed at de
fendants costs and that execution issue therefor.
Order for Delivery.
The plaintiff comes and files a petition and affidavit
according to law, claiming the possession of certain
personal property therein described, wherefore it is ordered
that the defendant deliver the property specified in said affidavit to the Coroner
of St Louis County, and said Coroner is hereby directed if said property be not
delivered to him, to take it from the defendant and deliver it to the plaintiff.
On Bond.
Now at this day come the parties, by their
respective attorneys, and also come a Jury;
to wit;
Daniel
Woodruff
erts
and sworn the issues herein joined well and truly to try the trial progresses and
being finished the Jurors aforesaid upon their oaths aforesaid say they are unable
to agree upon a verdict; Wherefore, it is ordered by the Court that the Jurors
aforesaid be discharged from the further consideraton of this cause, and that
this cause be continued to the next term of this Court.
On Account.
This cause coming on for
trial, the parties come, by their
respective attorneys, and waiv
ing a Jury, submit this cause to
the Court upon the pleadings and proofs, and the Court, having duly heard
and considered the same, doth find upon the plaintiffs cause of action against
the defendants the sum of Six hundred and seventy two dollars and fifteen cents,
and the Court doth further find upon the counterclaim of defendants against
the plaintiffs the sum of Six hundred dollars, which leaves a balance in favor
of the plaintiffs against the defendants upon the respective demands as found
by the Court of Seventy two dollars and fifteen cents: and the Court finding
from the evidence that the defendants on the fourteenth day of February, eighteen
hundred and fifty nine, served upon the plaintiffs an offer, in writing, pursu
ant to the statute in such case made and provided, to allow the plaintiffs
to take judgment against the defendants in this suit for the sum of Seventy
two dollars and fifteen cents and their costs incurred in this suit up to the time
of service of said offer at the time as above stated, which was not accepted
by the plaintiffs; The Court doth therefore consider and adjudge that the said
plaintiffs recover of the said defendants in this suit the sum of Seventy two
dollars and fifteen cents and their costs of suit to be taxed up to the time of
service of said offer made on the 14th day of February eighteen hundred
and fifty nine; and it is further ordered and adjudged by the Court that the
defendants recover of the plaintiffs their costs incurred in this suit to be taxed
from and after the said 14th day of February, eighteen hundred and fifty nine.
The State use of
The State use of
the next term of this Court, on account of the
absence of
On note.
Now at this day come said plaintiffs, by their
attorney, but dismisses this suit as
to the defendant,
Dowell
McDowell
McDowell
wherefore the petition herein is taken against them as confessed; and the Court finds
from the instrument of writing on which this action is founded that the defen
dants are indebted to the plaintiffs in the sum of three hundred and ten dollars
tiffs recover of the defendants the debt aforesaid in form aforesaid as found and also
their costs herein expended and have execution thereof.
On notes.
Now come the plaintiffs, by their attorney,
and dismisses this suit as to the defendant,
C Reed
wherefore the petition herein is taken against him as confessed; and the Court finds
from the instruments in writing on which this action is founded that the defendant
is indebted to the plaintiffs in the sum of twelve hundred and thirty six dollars
and twenty two cents. It is therefore considered by the Court that the plaintiffs recover
of the defendant the debt aforesaid in form aforesaid as found and also their costs
herein expended and have execution thereof.
The defendant files a motion for a new trial herein.
Continued.
Continued.
Continued at plaintiffs costs on account of absence of
plaintiffs counsel.
Continued as on affidavit at defendants costs on ac
count of absence of
Continued.
Continued.
Court met pursuant to adjournment. Present as before.
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney,
but the defendant, although solemnly called, still
makes default; and the Court proceeds to hear the
proofs, and having finished the hearing thereof, and being satisfied therefrom that
the plaintiff is a person a good moral character, and an innocent and injured party;
It doth order, adjudge and decree that the plaintiff be absolutely and forever di
vorced from the bonds of matrimony, by her contracted with said defendant and
be restored to all the rights and privileges of an unmarried person; and it is also
ordered and decreed that the plaintiff have the care custody and control of the two
infant children of the plaintiff and defendant, mentioned in the petition: and it is further
ordered that the plaintiff pay the costs of this suit and that execution issue thereof.
The demurrer to the plaintiffs petition being heard and fully
considered by the Court is overruled. By consent of par
ties this cause is continued.
On motion of the plaintiff, by his attorney, a dedimus is awar
ded him to New York.
On motion of the plaintiffs, by his attorney, a dedimus is
awarded him to Bennsylvania.
On note.
Now comes the plaintiff, by his attorney, but the defendant,
although called comes not; and the plaintiff waiving a
Jury submits this cause to the Court upon the pleadings
and proofs and the Court having duly heard and considered the same doth
find that the defendant is indebted to the plaintiff in the sum of one hundred
and ninety nine dollars and twenty five cents. It is therefore considered by the Court
that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found
and also his costs herein expended and have execution therefor.
Decree of Divorce.
Now at this day comes the plaintiff, by her attor
ney, but the defendant, although duly called, still
makes default; and the Court proceeds to hear
the proof, and having finished the hearing thereof and being satisfied therefrom
that the plaintiff is a person a good moral character, and an innocent and
injured party: It doth order adjudge and decree that the plaintiff be absolutely
and forever divorced from the bonds of matrimony, by her contracted with said
defendant and be restored to all the rights and privileges of an unmarried person;
and it is also ordered and decreed that the plaintiff have the care, custody
and control of the infant child of the plaintiff and defendant, mentioned in
the petition: and it is further ordered that the plaintiff pay the costs of this
suit and that execution issue thereof.
Continued generally on motion of plaintiffs for
absence of
Continued
by consent.
Continued by consent.
Continued.
Continued.
Order of Publication.
On motion of the plaintiff, by his attorney, it is ordered by
the Court that the defendant be notified that a civel ac
tion has been commenced against him for the sum of five
hundred and thirty dollars on account of a promissory note executed and delivered to
the plaintiff by the defendant and that his property has been attached, and unless
he appear at the next term of this Court, to be begun and held at the City of St Louis,
within and for the County of St Louis, on the last Monday of September next, and
on or before the sixth day thereof answer to the action aforesaid according to law, judg
ment will be rendered against him and his property sold to satisfy the same.
And it is further ordered that a copy hereof be published according to law, in
the Missouri Republican, a newspaper printed and published in the City of St Louis.
And this cause stands continued to the next term of this Court.
Continued by consent at the defendants costs.
of Sale herein.
Continued.
Continued.
Continued.
Continued.
On motion of defendants,
imus is awarded them to the State of Indiana and
also to the State of Kentucky.
Depositions for defendants opened and filed.
Continued.
Continued.
The assignee files his final report and appli
cation for discharge and also his vouchers.
Continued
of plaintiffs counsel. Costs to abide result.
On Account.
Now come the parties, by their
respective attorneys, and also
come a Jury, to wit;
Schmit
the issues herein joined well and truly to try the trail progresses but not being
finished is laid over until to morrow.
Now come again the parties, by their respective
attorneys, and the trial progresses but not
being finished is laid over until to morrow.
Court met pursuant to adjournment. present as before.
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, al
though duly called still makes default; and the Court pro
ceeds to hear the proof and having duly heard and consid
ered the same and being satisfied therefrom that the plaintiff is a person of good
moral character and an innocent and injured party; It doth order consider adjudge and
decree that the plaintiff be absolutely and forever divorced from the bonds of mat
rimony, by her contracted with the defendant and be restored to all the rights and
privileges of an unmarried person, and that her maiden name of
be restored and be hereafter taken as her only true and lawful name. And it is
also ordered that the plaintiff pay the costs of this suit and that execution issue therefor.
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered
by the Court that this cause be dismissed at their
costs and that execution issue therefor. By leave of Court
plaintiffs withdraw from the files the note sued on and file a copy thereof.
Dismissal.
On motion of plaintiffs, by their attorney, it is or
dered that this cause be dismissed at their costs
and that execution issue therefor.
On Account.
Now come the plaintiffs, by their attorney, but the
defendant, although duly called, still makes default;
and the plaintiffs waiving a Jury submit the assess
ment of damages herein to the Court and the Court, hav
ing duly heard and considered the proof doth assess the plaintiffs damages at the
sum of twenty two hundred and seventy one dollars and twenty seven cents. It is
therefore considered by the Court that the plaintiffs recover of the defendant the dam
ages aforesaid in form aforesaid as assessed and also their costs in this behalf ex
pended and have execution therefor.
Garnishment.
Now come the plaintiffs and the garnishee, by
their respective attorneys, and the plaintiffs move
the Court for judgment on the answer herein, and
the Court, after due consideration, doth sustain
the said motion; and the Court finds from the
answer herein that the said garnishee is indebted to the defendant, Mills, in the
sum of ten hundred and eighty one dollars and seventy cents. It is therefor
considered by the Court that the plaintiffs recover of the said garnishee the debt
aforesaid in form aforesaid as founded and have execution therefor, and that
out of said sum they pay the costs of this proceeding as well as of the original suit.
The sum of ten dollars is allowed said garnishee for answering.
On Account.
Now come again the parties, by their respective attorneys,
and also the Jurors empannelled and sworn herein,
and the trail progresses and being finished the Jurors
aforesaid upon their oaths aforesaid say they find for the
plaintiffs and assess their damages at the sum of Six hun
dred and eight dollars and thirty four cents: And it appearing to the Court that the defen
dants heretofore served upon the plaintiffs an offer to allow judgment to be renderd
in this case in favor of the plaintiffs for the sum of Six hundred and eight dollars
and thirty four cents, which was not accepted by the plaintiffs, It is therefore considered
by the Court that the plaintiffs recover of the defendants the damages aforesaid in
form aforesaid by the Jury assessed together with their costs herein expended up to the
date of said offer of judgment, to wit; the
cution therefore, and that the defendants recover of the plaintiffs their costs herein expended
since said date and have execution therefor.
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this
cause be dismissed at his costs and that execution issue therefor.
Defendant, by leave of Court, files an additional bill of
particular herein.
Continued.
Continued.
On note.
Now come the plaintiff and the defendant,
but the defendants,
and called, come not but make default, wherefore the petition herein is taken against
them as confessed; and no Jury being required this cause is submitted to the Court
upon the pleadings exhibit and proofs and the Court having duly heard and consid
ered the same doth find the issues joined between the plaintiff and defendant,
W Spalding
indebted to the plaintiff in the sum of Six hundred and forty seven dollars and ten
cents. It is therefore considered by the Court that the plaintiff recover of the defendants
the debt aforesaid in form aforesaid as found and also its costs in this behalf
expended and have execution therefor.
Now come
of process herein, enter their appearance as defendants herein
and also file an answer to this action.
Continued.
Continued.
On Account.
Now come the plaintiffs, by their attorney, but the defen
dant, although duly summoned and called, comes not
but makes default, wherefore the petition herein is taken
against him as confessed; and the plaintiffs waiving a
Jury submit the assessment of damages herein to the Court and the Court, after hearing
the proofs, doth assess the plaintiffs damages at the sum of three hundred and twenty eight
dollars and forty nine cents. It is therefore considered by the Court that the plaintiffs recov
er of the defendant the damages aforesaid in form aforesaid as assessed and also their costs
in this behalf expended and have execution therefor.
Order of Publication.
The plaintiff files a petition and also an affidavit from which
it appears to the Court that the defendant is a non resident of
the State of Missouri therefore, On Motion of the plain
tiff, by her attorney, it is ordered that the defendant be
notified that a civil action has been commenced against him to obtain a decree of di
vorce from the bonds of matrimony existing between plaintiff and defendant on the
ground of desertion, and also to obtain an allowance of alimony, and that unless he
appear at the next term of this Court to be begun and held at the City of St Louis, within
and for the County of St Louis, on the last Monday of September next, and on or
before the Sixth day thereof answer to the action aforesaid according to law, the plaintiffs
petition will be taken against him as confessed. And it is further ordered that a
copy here of be published, according to law, in the St Louis Express, a newspaper
printed and published in the City of St Louis.
On account.
Now at this day come the plaintiffs, by their at
torneys, but the defendant, although duly called, comes
not but still makes default, and the plaintiffs waiv
ing a Jury submit the assessment of damages herein to
the Court, and the Court having duly heard and considered the proof doth assess the
plaintiffs damages, sustained by reason of the premises in the petition mentioned, at
the sum of two hundred and seventeen dollars and thirty cents. It is therefore consid
ered by the Court that the plaintiffs recover of the defendant the damages aforesaid in
form aforesaid as assessed and also their costs herein expended and have execution therefor.
Continued.
Continued.
Now come again the parties, by their respective at
torneys, and the defendants file a motion to compel
the plaintiffs to elect, and the trial progresses and
being finished the Court takes time to consider what judgment and decision
shall be rendered in the premises.
Satisfaction.
Comes
the defendant,
edges full and entire satisfaction of the judgment herein rendered.
Continued as on affidavit at defendants costs.
Dismissal.
On motion of the plaintiff, by her attorney,
it is ordered by the Court that this cause be dismissed
at the plaintiffs costs and that execution issue therefor.
By consent of parties this cause is continued.
By consent of parties this cause is continued.
This cause is continued to the next term of this Court.
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RECORD
29
1859
TO
1860
CIRCUIT
COURT