Dred Scott vs. Irene Emerson

Dred Scott vs. Irene Emerson Harriet, of color vs. Irene Emerson Washington University Libraries Missouri State Archives Office of the St. Louis Circuit Clerk Creation of digital images: Missouri State Archives Creation of machine-readable version: Washington University Libraries Conversion to TEI P5 markup: Digital Library Services This electronic document is published as part of the St Louis Circuit Court historical records project.

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October Term 1852 March Term 1852 The original document is part of the Missouri State Archives St Louis Circuit Court collection. Motion for New Trial 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

January 12, 1850 Dred Scott vs. Irene Emerson Harriet, of color vs. Irene Emerson October Term 1852 March Term 1852 Scott, Dred Harriett, of color Emerson, Irene Appeal to the Supreme Court of Missouri Supreme Court of Missouri Cerre, Michael S. Carrville, William S. G. Hall, David N. Garland, Hugh Norris, Lyman Judgment for plaintiff reversed, annulled, and remanded English legal document Scott, Dred, 1809-1858 Scott, Dred, 1809-1858 Trials, litigation, etc.

The Dred Scott Court Case Collection is part of a larger digital partnership between the Washington University Libraries and the Missouri State Archives, a division of Missouri's Secretary of State's office, in cooperation with the Office of the St. Louis Circuit Clerk.

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

SKS converted Dred Scott case to P5 and teiCorpus EIC added legal extensions Motion for New Trial ca. 13 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

Second Appeal to the Supreme Court of the State of Missouri, 1850-1852 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Motion for new trial (in Dred Scott case) filed by Irene Emerson's attorneys, Hugh Garland and Lyman D. Norris, January 12, 1850 The original document is part of the Missouri State Archives St Louis Circuit Court collection. Motion for New Trial 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

January 12, 1850

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Motion for New Trial Garland, Hugh Norris, Lyman Saint Louis Circuit Court State of ) ) Dred Scott , a Slave ) versus vs . ) . Louis Circuit Court Irene Emerson ) -------------------------- ) of the November Term A D 1849 ~~Harriett , of color )~~ ~~vs. )~~ ~~Irene Emerson~~ ) ~~vs.~~

And now at this time comes Irene Emerson , by Garland & Norris her Attorneys & moves this Honorable Court for a new Trial in the above entitled Cause’s, & herewith files her reasons in support of said motion

1st The verdict was contrary to Law 2d The verdict was not supported by the Evidence 3d The Instructions asked for by the Plaintifs counsel & given by the Court, were not according to the Law & the Evidence 4th The Court erred in refusing the Instructions asked by the Defendants Counsel. Garland & Norris Defendats Defts Attorney Atty . Louis Circuit Court ---------------------------- Dred Scott — Slave— versus vs. Irene Emerson ---------------------------- Motion Mo for New Trial Filed Jan 12. 1850 M. S. Carrȳ clerk clk . Garland and Norris G & N Defendants Dfts Attorney Atty Motion for New Trial ca. 13 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

Second Appeal to the Supreme Court of the State of Missouri, 1850-1852 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Motion for new trial (in Harriet Scott case) filed by Irene Emerson's attorneys, Garland and Norris, January 12, 1850 The original document is part of the Missouri State Archives St Louis Circuit Court collection. Motion for New Trial 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

January 12, 1850

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Motion for New Trial Garland, Hugh Norris, Lyman Saint Louis Circuit Court State of ) ) Hariet of Color ) versus vs . ) . Louis Circuit Court Irene Emerson ) -------------------------- ) of the November Term Anno Domini A D 1849

And now at this time comes Irene Emerson , by Garland & Norris her Attorneys & moves this Honorable Hon Court for a new trial in the above entitled Cause, & herwith files her reasons, in support of said motion, to wit.

1st The verdict was contrary to Law 2d The verdict was not supported by the Evidence 3d The Court erred in giving the instructions asked by the Plaintiffs Counsel 4th The Court erred in refusing the Instructions asked by the Defendants Counsel. Garland & Norris Defendant's Defts Attorneys Atty’s . Louis Circuit Court ---------------------------- Hariet— of Color— versus vs . Irene Emerson ---------------------------- Motion Mo for New Trial Filed Jan 12. 1850 M. S. Cerrȳ clerk clk . Garland G & Norris N Defendant's Dfts Attorneys Atty’s Mar 17.. 1847 Stipulation ca. 13 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

Second Appeal to the Supreme Court of the State of Missouri, 1850-1852 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Stipulation that decision in Dred Scott case pending before the Missouri Supreme Court apply to Harriet Scott case; signed by David Hall and Garland & Norris, filed February 12, 1850 The original document is part of the Missouri State Archives St Louis Circuit Court collection. Stipulation 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

February 12, 1850

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Stipulation Hall, David N. Garland, Hugh Norris, Lyman Cerre, Michael S. Saint Louis Circuit Court State of ) County of Saint St Louis ) Louis Circuit Court --------------------------- -------------------------- Harriet, of Color ) of the November Term Anno Domini A D 1850 versus vs . ) Irene Emerson )

It is hereby Stipulated by and between the parties in the above entitled cause, by their respective Counsel, ~~that~~ inasmuch as the points & principles of Law to be decided in the case of Dred Scott versus vs . Irene Emerson are identical with those on the cause in the caption that the decision of the Supreme Court , in said Scotts case, Shall also decide & conclude the case of the Said, Harriet his wife & that upon the filing of a duly certified copy of the decision & decree of the Supreme Court of the State of Missouri in Said Scotts cause, in the case of Harriet , of Color against Irene Emerson , the same shall have equal force & Effect as in Scotts Case—

David D .N. Hall, Attorney Atty . at Law, Garland & Norris Defendant's Dfts Attorneys Attys . Louis Circuit Court --------------------------- Harriet of Color— versus vs . Irene Emerson --------------------------- “Stipulation” Filed Feb 12. 1850 M.. S. Cerrȳ clerk Verdict ca. 11 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

Second Appeal to the Supreme Court of the State of Missouri, 1850-1852 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Verdict rendered: stipulation will apply The original document is part of the Missouri State Archives St Louis Circuit Court collection. Verdict 1 page. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

February 12, 1850

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Judgment Saint Louis Circuit Court Scott versus v verdict & by Court judgement judgt for Defendant D Emerson No 2 Nov T. 1846 Harriet versus v Emerson

In accordance with By stipulation ~~filed~~ filed Feb 12. 1850, ^ that the judgment in this case was to abide the decision of the case of Scott versus v Emerson , the judgment in this case is set aside, & verdict & judgment for defendant, to

Bill of Exceptions ca. 15 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

Second Appeal to the Supreme Court of the State of Missouri, 1850-1852 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Defendant's (Emerson) bill of exceptions (in Dred Scott case); signed by Alexander Hamilton, filed February 13, 1850 The original document is part of the Missouri State Archives St Louis Circuit Court collection. Bill of Exceptions 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

February 13, 1850

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Bill of Exceptions Garland, Hugh Norris, Lyman Hamilton, Alexander Cerre, Michael S. Saint Louis Circuit Court State of ) . Louis Circuit Court County of Saint St . Louis ) of the November Term A D 1849 ------------------------ Dred Scott ^ (a man of color) ~~a slave~~ ) versus ads . ) Bill of Exceptions Irene Emerson ) ------------------------

Be it remembered that on the trial of this Cause at the November Term of this Court Anno Domini AD 1849— That the entire evidence offered by the Plaintiff Dred Scott was contained in the following Depositions (here insert the Depositions of , & Catharine A Anderson) & the testimony of who testified that he hired the Plaintiff Scott of Mrs. Emerson ^ the widow of Doctor Dr . John Emerson who was a surgeon in the United States U.S. army at and & paid the wages due, sometimes to her & sometimes to her agent, that such hiring was previous to the commencement of this suit & was in the City & County of Saint St . Louis ^ she claimed the Plaintiff Pltff as her Slave — That the Defendant Emerson offered no testimony illegible on said trial, but asked of the Court the following instructions (here set out instructions marked “A”) which the Court refused to give, to which refusal the Defendant, by Counsel, then & there excepted— That thereupon the Plaintiff Scott , by Counsel, asked the following instructions (here set out instructions marked “B”) which were given by the Court & to the giving of which the Defendant by her Counsel there & then Excepted — That under Said Depositions Testimony & Instructions the Jury on the trial aforesaid, “found ~~for the plaintiff”~~ ^ the following verdict. (here insert the verdict) Whereupon Defendant filed by her Attorney at the Same Term & within four days after trial & verdict the following motion, with the accompanying reasons for a New trial ( here insert the motion etc. filed January Jany 12th 1850 ’50 ) that said Motion afterwards coming on to be heard at Said Term in its regular place upon the Law Docket, after hearing was by the Court refused, to which refusal to grant a new trial, Defendant by Counsel then & there duly Excepted & now Excepts & to preserve the Evidence of all of which, the Counsel for the Defendant asks that this her Bill of Exceptions may be signed & made part of the Record all which is done accordingly A. Hamilton Judge. [illegible]

. Louis Circuit Court ------------------------- Dred Scott ) against ags ) Irene Emerson ) Bill of Exceptions Garland G & Norris N Defendant's Dfts Attorneys Attys Filed Feb 13 1850 M. S. Cerrȳ clerk Judgement ca. 13 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

Second Appeal to the Supreme Court of the State of Missouri, 1850-1852 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Mandate and opinion of the Supreme Court of Missouri; handed down March 22, 1852; certified April 10, 1852, filed May 28, 1852 The original document is part of the Missouri State Archives St Louis Circuit Court collection. Judgement 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

March 22, 1852 April 10, 1852 May 28, 1852

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Judgement of the Supreme Court of Missouri Carrville, William S. G. Cerre, Michael S. Supreme Court of Missouri In Supreme Court , Missouri , at S Louis , March Term 1852. Dred Scott ) versus vs . ) Error to St Louis Circuit Court . )

Now come again the parties herein by their respective attorneys, and the Court here being now sufficiently advised of and concerning the premises, do consider and adjudge that the Judgment aforesaid, in fore aforesaid by the said Circuit Court rendered, be reversed, annulled, and for nought held and esteemed, and that said appellant be restored to all things which he has lost by reason of said judgment; and the Court further consider, that said cause be remanded to said Circuit Court for further proceedings, according to the opinion of this Court herein delivered, and that said plaintiff recover against said Defendant his costs and charges herein expended and have thereof execution

The State of Missouri .

I , Clerk of the Supreme Court of the State of Missouri , at Saint St Louis , certify that the foregoing is a full and true transcript of the judgment of said Court in the case of Dred Scott against Irene Emerson , decided at the aforesaid term of said Court. Witness my hand and the Seal of said Court at Office in S Louis this Tenth day of April Anno Domini Eighteen hundred and fifty two.

Wm. S. G. Carrville Clerk Cir. Court . Scott versus vs. Emerson ----------------- Judgement Judgt. . Court. filed May 28th 1852 M. S. Cerrȳ Clerk Clk