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The said defendant files a Bill of Exceptions herein
The motion of said plaintiff to set aside the nonsuit herein being
heard it is ordered that the same be sustained
Louis T. Labeaurne Esquire Sheriff of St Louis county comes into Court and acknowledges the
execution of a deed by him as Sheriff as aforesaid in favor of Robert B. Catherwood
for all the right title interest claim estate and property of Gabriel S. Chouteau and
others of in and to the following described real estate to wit: "the middle lot of said
subdivision marked B. on said plat of said
on second street and bounded on the south by the southern portion of said lot no 14
marked A and purchased at said sale by George R. Taylor on the east by an alley
on the north by the northern portion of said lot no 14 marked C. and purchased at said
sale by John Nicholas Temple and west by second street " sold under and by virtue of
an order of sale made by the St Louis Circuit Court, in a certain proceeding wherein
said Gabriel S. Chouteau and others were petitioners, on the
Eighteen hundred and fifty
The motion of said plaintiff to strike out said defenants answer
being heard and the Court being fully advised of and concern-
-ing the premises it is ordered that said motion be overruled
The motions of said defendant
that said plaintiffs give security
for costs being heard and the
Court being fully advised of and concerning the premises it is ordered that said
motion be overruled
Appeal
Now at this day comes said plaintiff by attorney, and thereupon
his motion to
Court being fully advised of and concerning the premises it is
considered by the Court that said motion be sustained and that said plaintiff do
recover of said defendant and J. Foley the security in the appeal bond his costs
and charges herein expended and that execution
The motion of said defendant for a new trial herein
being heard and the Court being fully advised of and
concerning the premises it is ordered that said motion
be and the same is overruled
The said plaintiff by attorney files a Bill of Exceptions
herein
doth appoint the
creditors of said Steam Boat Monongahela who have a lien on the same shall
appear in Court and exhibit their demands against said boat.
Court adjourned until tomorrow morning at Ten o'clock.
A. Hamilton
Court met pursuant to adjournment, Present Hon A Hamilton Judge
On motion it is ordered that the names of Lyttleton Cooke and A.M. Thompson be
enrolled as attorneys of this Court and the same is done
On motion of said defendant Barton Bates time until
the last day of this term is given him to file his answer
It is suggested to the Court that since the commencement
of this suit the said defendant has departed this life and
the same is not denied, and on motion of said plaintiff
it is ordered that a scire facias
him party to this action
On motion of said defendant by attorney a dedimus is
awarded him to take deposition in the state of Illinois
It is suggested to the
Court that John F Darby
has resigned his letters
of administration upon the estate of said Milton Duty and that Thomas Harney has
been appointed in his stead, therefore on motion of said Harney his apperance as
party defendant is entered to above cause
The Court appoint William S. Allen Reporter of Testimony of this Court, and
he being present in Court accepts such appointment and takes the oath
prescribed by law
and being in Block no 609 of the City St. Louis in the state of Missouri Containing
in breadth forty five and a half feet fronting on Eighth street and in depth on
hundred and twenty feet more or
land of Arm Biddle on the east by Eighth street on the south by land of Catherine
Graham and on the west by an alley in said block" sold under and by virtue of
an Execution
Christopher Laniden against John Sexton
Defendant files a motions for a new trial and a motion
in arrest of judgment herein
On motion of said plaintiff by attorney a dedimus is awarded
them to take depositions in New York.
On pleas in abatement.
Now at this day comes said plaintiff by his attorney
and thereupon com also a In
Dewey I.C. Brand, M.Hefferman. E. Chamberlain
William M. Bacon, John Joblin. R. Hubbard
P.Smith, M. Farly Samual Ingrain. Edmund D. Taylor and I. J. Green T
good and lawful men who being duly elected tried and sworn well and truly to
try the
=said upon their oaths aforesaid find that at the Time of the
of attachment in this behalf the said defendant had fraudulently conveyed
concealed or disposed of and was then about to convey
of his property or effects so as to defraud hinder or delay his creditor in manner
and form as said plaintiff hath alledged.
Afsum
Now at this day come said plaintiff by his
attorney and withdrawn the Common C
of his declaratioon but said defendant although
called comes not but makes default, where=
fore the Court doth
nonperformance of the promises and undertakings in his declaration mentioned
from the instrument of writing on which this action is founded at the sum of
One thousand and ninety two dollars and
by the Court that said plaintiff recover of said defendant the damages aforesaid
in form aforesaid as
have thereof Execution
Henry B. Belt Esquire Sheriff of St Louis County in open Court acknowledge the Execution
of a deed by him as Sheriff as aforesaid in favor of Francis H. Manter and Charles
C. Whittebey for all the right title interest claim Estate and property of Owen V. Timon
of in and to the following described real Estate to wite: a certain lot of ground and
the improvements thereon situated in the city and county of St.Louis State of Missouri
Containing fifty feet front on Ninth street of said city and Extending back one
hundred and twenty seven feet and bounded as follows to wit: On the north
bu Walnut street, on the East by an alley south by property claimed by one Masick
Kavanaugh and against said Owen V. Timon
Defendant files an additional reason for a new Trial and an
affidavit in ssupport thereof.
Defendant files for a motion for a new trial herein
affidavit in ssupport thereof.
On motion ordered that Henry March be enrolled as an attorney of this Court and the
same is done.
By consent of parties leave is given the plaingiff to file an amend=
=ment to his
On motion of said plaintiff by attorney a dedimus is awarded him
to talke depositions in Illinois
On motion of said plaintiff leave is given him to amend his
petition, Wade + Oeborne file a motion to be made defendants
The motion of said defendant for security for costs herein being
heard it is ordered that the same be sustained, and thereupon
plaintiff files a bond for costs which is approved by the Court.
Now at this day come the parties by their attorneys and thereupon
the motion of said defendant to set aside the judgment herin
ordered and to quash the execution theron
and the Court being fully advised of and concerning the premises it is ordered that
said motion be sustained
The motion of said defendant for security for costs being heard
it is ordered that the same be overruled.
The motion of said defendant for security for costs beiing heard and
the Court being fully advised of and concerning the premises it is
ordered that said plaintiff file a bond for costs on or before the day of trial
On motion of the Clerk of this court it is ordered that said plaintiff files a
good and sufficient bond for costs within twenty days from this day
Court met pursuant to adjournment, Present Hon A Hamilton Judge.
The motion of said defendant to suppress the deposition herein filed
by said plaintiff on the
the Court being fully advised of and concerning the premises it
ordered that said motion be overruled
On motion of said plaintiffs by attorney leave is given them to
withdraw the note sued on herein
Plaintiff files a replication to the offset pleaded in said
defendants answer
Plaintiff files a replication to the offset pleaded in the answer
of said defendant
Ordered by the Court that upon the plaintiff giving bond to
the defendant in the penalty of One thousand dollars with
one or more sureties to be approved by the Court conditioned
to abide by and perform such final order-decree and judgment as the Court may
make in this Cause, the defendant be enjoined and restrained from advertising
demanding or seeking to collect from the plaintiff or City taxes for the year
1850 on the property first mentioned in said petition any greater or further
sum than two hundred and forty three 92/100 dollars until the further order
and judgment of this Court.
Ejectment
Now at this day come again the parties by their
attorneys and the jury empannelled and
sworn hereing also come and the trial of this
cause progressed but the same not being finished is laid over until tomorrow
Court adjourned until tomorrow morning at Ten oclock
of Lemere, thence westwardly with said branch to Alexander Stuart's line, thence northwardly
with said Stuart's line to the line of Joseph Gravelines, and thence with the line of said
Gravelines
lines of said Mullanphy and Lemere to the beginning"
sold by John F. Darby admr with the will annexed. Of the said
folows "begin at the north west corner of said tract, thence along the south eastern line of
said tract so far that a line running at right angles with said south eastern line &
extending to the said south eastern line of said survey shall include fifteen acres & no more",
and that
the City of St Louis on the third Monday of November next, and on or before the third day
thereof answer said petition the same will be taken against them as
ordered that a copy hereof be published in the St Louis Intelligencer Newspaper accord-
ing to law.
Court adjourned until tomorrow morning at ten O'Clock
A. Hamilton.
Court met pursuant to adjournment Present Hon A. Hamilton Judge.
By consent of parties is ordered
that these causes be continued until
the next term of this Court.
It is ordered that these
causes be continued until the
next term of this court.
It is suggested to the Court that since the commencement of this
suit said defendant has departed this life, and the same is not denied,
and it is therefore ordered that this cause be continued until the next term of
this Court.
On Interplea
Tm motions filed herein to
Garnishment.
Now at this day come again the parties by
their attorneys and the jury empannelled and sworn
herein also come, and being agreed upon their ver-
dict upon their oaths aforesaid say that at the
time said garnishees were summoned herein
as such they were indebted to said defendants
Julius B.
and ninety fice dollars and Fifty nine cents.
Garnishment.
Now at this day come said plaintiffs
by their attorneys, and on their motion the said gar-
nishees Hiram H. Cohen and William Palmer are
discharged, and the said garnishees John J. Mur-
dock and Charles K. Dickson by their attorneys
also come, and thereupon come also a jury to wit. John C Blakey, George Weaver,
Francis Revier, Eugene Bonfil, George Ruthburn, George Parsons, F.M. Souard, James
Hutton, Alexander Finkler, Benjamin Sheets, John Martin, and Nimrod Murphy, twelve
good & lawful men who being duly elected, tried, and sworn well and truly to
try the
their verdict upon their oaths aforesaid say that at the time said garnishees were
summoned herein as such, they were indebted to said defendants Julius B.
and Julius Daniels in the sum of Four Thousand, Nine Hundred and ninety five
dollars and fifty nine cents.
Garnishment.
Now at this day comes said plaintiff by
his attorney, and on his motion it is ordered
that said garnishee be discharged at the costs
of said plaintiff and that exectuion
James McMartin attorney of said plain-
tiff acknowledges to have received full and entire
satisfaction of the judgment herein against said
defendant.
Now at this day come said parties by their attorneys, and thereupon come
also a jury to wit, George Weaver, Francis Revier, Eugene Bonfil, William
Jones, Henry Vaughn, James McKiblen, Thomas Katskill, Francis J.
,
Luther Elliott, H.M. Moore, F.M. Souard, and Benjamin Sheets, twelve good
& lawful men, who being duly elected, tried & sworn, well and truly to try the
parties aforesaid, the trial of this cause
of their verdict
Divorce.
Now at this day comes said plaintiff by her attorney, but said defendant although
called comes not, wherefore upon motion of said plaintiff this cause is submitted to the
Court upon the petition, answer and proofs, which proofs being heard, and the court being
satisfied thereupon that said plaintiff is an innocent and injured party, therefore it is considered and
adjudged that she be absolutely and forever divorced from the bonds of matrimony by her contracted with
said defendant, and restored to all the rights & privileges of an unmarried woman, And it is further
considered that the said plaintiff pay the costs of this proceeding and
that execution
Court adjourned to meet tomorrow morning at Ten O'Clock
Court met pursuant to adjournment. Present Hon A. Hamilton, Judge
Now at this day come again the parties by their attorneys and
the jury empannelled and sworn herein also come, and being agreed
upon their verdict upon their oaths aforesaid find the
tween the parties aforesaid in favor of the plaintiff. It is therefore considered by the Court that
said plaintiff be set free and liberated from servitude to said defendant and all persons claim-
under him by title derived since the commencement of this suit, and that said plaintiff recover
of said defendant the costs of this suit and that execution
George. G. Presbury
files an interplea in
these causes.
Divorce
On motion of said plaintiff by his attorney it is ordered
that this cause be
therefor.
It is ordered that this cause be continued at the costs
of said defendant, until the next term of this Court.
The defendant files an amended answer herein.
By consent of parties it is ordered that this cause
be continued until the next term of this Court.
James Mackey files and interplea herein.
Court met pursuant to adjournment. Present Hon A Hamilton Judge
By consent of said parties, it is ordered that these causes be con-
tinued until the next term of this Court.
On motion of said plaintiff by his attorney, it is ordered
that the defendants herein file answers to the petition & amended petition
of said plaintiff on or before the first day of next term of this Court.
Judgment herein having been satisfied by said defendant, it is
ordered by the Court that John cNeill be allowed to receive the note,
on which this action was founded, from Henry B. Belt, Sheriff of St
Louis County.
The motion of said plaintiff for Judgment against said Sheriff,
for the amount of the execution specified in said motion, and inter-
est thereon & damages, being heard and the Court being fully advised
of and conerning the premises, it is ordered that said motion be
overruled,
The motion of said W.W. Broomfield for an order upon Henry
B. Belt Esq, Sheriff of St Louis County, directing him to pay over to said
plaintiff, in satisfaction of an execution in his favor, against said Maison,
the moneys in the hands of said Sheriff, collected on an execution in favor of
said Maison, being heard, and the Court being fully advised of and concerning the premises,
it is ordered that said motion be sustained.
Plaintiff by his attorney files a motion for an order upon H.B. Belt
Sheriff of St Louis County, directing him to pay over to said plaintiff, the
moneys in his hands belonging to said Hallan, sufficient to satisfy the ex-
ecution in favor of said plaintiff, against said defendant, and
the same being heard and the Court being fully advised of and con-
cerning the premises, it is ordered by the Court that said motion be,
and the same is sustained.
On motion of said defendants by their attorneys leave
is given them to withdraw four Bills of Exchange filed here-
-in, by filing two copies thereof, and a receipt for the same, and
it is done.
Petition for Libel.
On motion, and by agreement of said parties, it is ordered
that this cause be
that execution