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In Partition
Now at this day come the petitioners by their At-
torney, and upon their motion it is ordered that
the Sheriff of St Louis County pay over to the said petitioners the funds in his hands
arising from the sale herein, according to their respective rights and interests as
heretofore ascertained and stated by the Court.
Debt and Bond
Now at this day come the defendants
by their Attorney, and file their affidavit
and on their motion it is ordered that
an appeal be granted them from the
judgment herein rendered to the Supreme Court
Court adjourned until tomorrow morning at ten o'clock
John M Krum
Court met pursuant to adjournment
present The Honorable John M Krum Judge;
William Milburn Esquire Sheriff, and John Ruland Clerk
Trespass.
The defendant by his Attorney this day files a
motion to set aside the judgment by default rendered
herein and an affidavit in support of said motion
Trover.
Now at this day come the parties by their Attorneys, and
thereupon the motion of the plaintiff to set aside the judgment
herein, and for a new trial is submitted to the Court which being
seen heard and fully understood, it is ordered by the Court that said motion be
sustained, and that a new trial be awarded the plaintiff herein.
Now at this day comes the plaintiff by his Attorney
and on his motion it is ordered that the defen-
dant in this cause produce in Court, on Monday
next at ten o'clock A.M. the papers in said affi-
davit mentioned or show cause to the contrary thereof
Now at this day come the parties by their respective
Attornies, and thereupon the motion of the defendant
George Greb to strike out the amendment to the petition
out day, and record of said plaintiff their costs and charges in this behalf expended
and have thereof execution.
Bill of Exceptions filed
Demand under the Statute
Now at this day comes the plaintiff by his Attorney
and the defendant by her Attorney also comes
and says that she cannot deny the actions of him
the said plaintiff nor but that she is indebted unto the said plaintiff in the sum of One
hundred and forty seven Dollars and seventy cents for which sum she confesses judgment
It is therefore considered by the Court that the said plaintiff recover of the said defen-
dant this debt aforesaid in form aforesaid confessed together with his costs and
charges in this behalf expended and have thereof execution against the said Steam
Boat Maid of Iowa her tackle apparel and furniture and also against Charles
Ross
Petition for Dower
Charles Mullikin, J.R. Stanford and George Morton
herein this day file a report of their
proceedings, and acknowledge the
same to be their true report in the premises, which being seen heard and fully un-
derstood it is ordered that the same be confirmed as firm and effectual forever, and
the
as such
Petition for Mandamus.
Now at this day comes the petitioner by his Attorney, and
ordered that a mandamus issue to the said Philip Mc
Donald commanding him to set aside and vacate a certain judgment rendered
by him in favor of Conrad and Frederick Ething against the said Peter Weyman.
On motion of the Plaintiff by his Attorney it is
ordered that the defendants file their pleas herein
on or before the
On motion of the Plaintiff by his Attorney it
is ordered that the defendants file their pleas
herein on or before the
Court adjourned until tomorrow morning at twelve o'clock M.
John M Krum
The plaintiff by her Attorney this day files a mo-
tion for the rehearing of the motion to set aside
the nonsuit granted in this case.
The plaintiffs by their Attorney this day file an
affidavit of partnership herein
The plaintiff by his Attorney this day files exceptions
to the depositions of the defendant taken herein
The defendant Peter Weyman by his
Attorney this day files a Motion to quash
the writ of Fieri Facias issued in this cause
Replevin.
Now at this day come the parties aforesaid by their re-
spective Attornies, and thereupon neither party requiring a Jury
all and singular the premises are by them submitted to the
Court, which being seen heard and fully understood, the Court doth find as to the issue
within joined between the parties aforesaid that the said defendant is guilty of the prem-
ises charged against him in the plaintiffs declaration in manner and form as in said
declaration is alleged and doth assess the damages of said plaintiff by him sustained
by reason of the premises in his declaration mentioned at the sum of one cent. It is there-
fore considered by the Court that the said plaintiff recover of the said defendant his
damages aforesaid in form aforesaid by the Court found and assessed, and have thereof
execution, and it is further considered by the Court that said defendant recover of said
plaintiff his costs and charges in this behalf expended and have thereof execution
On motion of the Petitioners by their Attorney leave
is given them to withdraw from the files of this
Court the plats and surveys made and filed herein
on leaving receipts for the same with the Clerk of this
Court
Court adjourned until
Court met pursuant to adjournment,
present The Honorable John M Krum Judge, William
Milburn Esquire Sheriff, and John Ruland Clerk.
Trespass
Now at this day come the parties aforesaid by their respec-
tive Attornies, and thereupon comes also a Jury to wit
William H Stocker, Frencis Sweeny, C.H. Weissenfells
J.W. Clark, William Moore, J. Clark, John H Ferguson, Alpheus Smith, Thomas
G Settle, Thomas Hart, George R.H. Clark and HH Strohbeck, twelve good and
lawful men who being duly elected tried and sworn the issue within joined between
the parties aforesaid well and truly to try, upon their oaths aforesaid do find that the
defendant is not guilty of the several trespasses in said plaintiffs declaration mentioned
or any or either of them in manner and form, as the same are above thereof complained
against him. It is therefore considered by the Court that the said plaintiff take
nothing by his said suit, but that the defendant go thereof without day.
The plaintiff by his Attorney this day files a motion for a new trial herein and
reasons therefor.
Cause Continued on affidavit at costs of defendant
on account of absence of Attorney for Defendant
Petition on Note
Now at this day come the parties aforesaid by their respective
Attorneys, and thereupon neither party requiring a Jury
all and singular the premises are by them submitted to the
Court, which being seen heard and fully understood the Court doth find as to the is-
sue within joined between said parties that the said defendant does owe the said
sum of money and interest thereon in manner and form as in said petition alleged
and it appearing to the Court from the instrument in writing on which this action is
founded that the said defendant is indebted unto the said plaintiff in the sum of Five
hundred Dollars, and that said plaintiff hath sustained damages by reason of the
detention of said debt to the amount of Forty two Dollars. It is therefore considered
by the Court that the said plaintiff recover of the said defendant his debt and damages
aforesaid in form aforesaid by the Court found and assessed together with his costs and
charges in this behalf expended and have thereof execution. this judgment to bear interest
at the rate of ten per centum per annum.
On motion of the plaintiff by his Attorney it is ordered
that a Dedimus issue to the State of Illinois to take the
depositions of witnesses to be made on behalf of said plaintiff
The said plaintiff by his Attorney this day files ex-
ceptions to the report of the Commissioners filed herein
and a motion to set the same aside.
Petition to foreclose Mortgage.
Now at this day come the parties by their Attorneys
and thereupon neither party requiring a Jury all
and singular the premises are by them submitted
being seen heard and fully understood and it appearing to the Court from the answer of
said garnishee herein filed that at the time he was summoned as such he was indebted
unto the said defendant in the sum of One hundread and seventy two Dollars and forty eight
cents It is therefore considered by the Court that the said plaintiff recover of the said garnish-
ee the sum so as aforesaid found to be due and owing from him to said plaintiff out of which
the costs and charges in this behalf expended are to be deducted, and that execution
issue therefor
Assumpsit.
Now at this day come the parties aforesaid
by their respective Attorneys, and thereupon
the motion of the defendants to dismiss this suit for want of security for the costs herein is
submitted to the Court which being seen heard
and fully understood, it is ordered that said motion be sustained unless the said plain-
tiff within twenty days from the entry of this order file such security for said costs.
Trespass
Now at this day come the parties aforesaid by their respective
Attorneys and thereupon the motion of the plaintiff to set
aside the verdict rendered in this cause and for a new trial
is submitted to the Court which being seen heard and fully understood, it is ordere that
said motion be overruled.
Now at this day come the parties aforesaid by their respec-
tive Attorneys and thereupon all and singular the prem-
ises pertaining to the exceptions taken by the plaintiff to the
Commissioners Report of Partition filed herein are submitted
to the Court, which being seen heard and fully understood and for that it appears to the
Court that said Reports unequal and unjust It is therefore considered by the Court that
said exceptions be sustained, and that said Report be referred back to said Commissioners
and that said Commissioner make report of their further proceedings to this Court without
delay.
In Partition
Now at this day comes George R Taylor Esquire and
suggests to the Court here that since the last proceedings
had in this cause, there has been a change of certain
interests of said parties to said suit, and thereupon it is ordered by the Court that all parties
interested, and who are not parties to this suit, be brought in and made parties litigant herein
Court adjourned until Monday th
plaintiffs damages by him sustained by reason of the nonperformance of the promises
and undertakings in his declaration mentioned at the sum of Three hundred and
seventy six Dollars and fifteen cents. It is therefore considered by the Court that the
said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the
Court found and assessed together with his costs and charges in this behalf expended and
have thereof execution
The plaintiff by his Attorney this day files his affida-
vit for an appeal herein.
The appraisers appointed by the Court to
appraise the property and effects assigned
herein this day file their appraisement
thereof, and John F Darly and Pierre A Berthold assignees this day file their
bond conditioned according which bond is approved by the Court.
The Sheriff having returned the writ issued in this
cause with the endorsement that the defendant was
not found in his County on motion of the Plaintiff
by his Attorney it is ordered that an alias summons
issue directed to the said defendant returnable to the next term of this Court, until
which time the Cause is Continued
Court adjourned until
Court met pursuant to adjournment, present
The Honorable John M Krum Judge, William Milburn
Esquire Sheriff and John Ruland Clerk.
Attachment
Now at this day comes the plaintiff by his Attorney and says
that he will not further prosecute his suit in this behalf, but volun-
tarily suffers the same to be dismissed at his costs It is therefore
considered by the Court that the said plaintiff take nothing by his said suit, but that
the defendant go thereof without day, and recover of said plaintiff his costs and charges
in this behalf expended and have thereof execution.
Cause Continued.
Trespass on the case on promises.
Now at this day comes the plaintiff by his Attorney, and says
that he will not further prosecute his suit in this behalf, but
voluntarily suffers the same to be dismissed at his costs.
It is therefore considered by the Court, that the said plaintiff take nothing by his said
suit, but that the defendant go thereof without day, and recover of said plaintiff his costs
and charges in this behalf expended, and have thereof execution.
Debt.
The Sheriff having returned the writ issued in this
cause with his endorsement therein that the defendant
was not found in his County It is therefore ordered by
the Court that this suit be abated at the costs of the
plaintiff, and that execution issue therefor.
Petition in Debt
Now at this day comes the parties aforesaid by their respec-
tive Attorneys and neither party requiring a Jury, all and
singular the premises are by them submitted to the Court
which being seen heard and fully understood the Court doth find as to the issue within
joined between the parties aforesaid that the said defendant is indebted unto the said
plaintiff in the said sum of money in manner and form as the said plaintiff hath
above alleged in the said petition, and it appearing to the Court from the instruments
in writing on which this action is founded that the said defendant is indebted unto the
said plaintiff in the sum of four hundred and fifty Dollars, and that said plaintiff has
sustained damage by reason of the detention of said debt to the amount of forty eight dollars
and thirteen cents. It is therefore considered by the Court that the said plaintiff recover
of the said defendant his debt and damages aforesaid in form aforesaid found and as-
sessed together with his costs and charges in this behalf expended and have thereof execution
. . . .Cause Continued.
Suit for freedom.
Now at this day comes the defendant by his Attorney, and the
plaintiff although demanded comes not but makes default, nor
doth he prosecute his suit in this behalf with effect, wherefore
said defendant ought to recover against him. It is therefore considered by the Court
that the said plaintiff take nothing by his said suit, but that the defendant go thereof
without day.
The plaintiff by his Attorney this day files a bill
of particulars of his demand on which this
action is founded.
Scire facias to revive judgment
Now at this day come the parties aforesaid by their respective
Attorneys and thereupon all and singular the premises are by
them submitted to the Court which being seen heard and fully
understood the Court doth find as to the issue within joined between said parties that
there is such a record against him said Nelson Pepper at the suit of the plaintiff, in
manner and form as the plaintiff hath above declared against him. It is therefore
considered by the Court that the Judgment aforesaid in form aforesaid recovered as well for
The defendant by his Attorney this day files a
motion to affirm the judgment of the Court below.
The plaintiff by his Attorney this day files a motion
for an appeal herein
It being suggested to the Court that Elijah Hayden Esquire
one of the Commissioners appointed to make partition of the prem-
ises herein, has since his said appointment become interested
therein, and that Thomas Andrews and Elkanah English
the other of said Commissioners have declined acting as such It is ordered by the Court that
Joshua R. Stanford, John Cavender, and Elliott Lee three respectable freeholders resi-
dent of the County of St Louis, in which the property to be divided is situated, be appointed
Commissioners to make such partition, and that they make their report thereof to this Court
without delay.
Appeal
On motion of the parties by their Attorneys,
and it appearing to the Court that this case
was improperly docketed in this Court, it
is ordered that the case with the papers thereof, be transferred to the St Louis Court of
Common Pleas where it by law belongs.
The Sheriff of the County of Marion having returned
the execution issued in this cause with his endorsement
therein that the writ was returned agreeably to an
order of this Court not executed it is therefore ordered
by the Court that a Venditioni exponas issue to said
Sheriff commanding him to sell said property according to Law.
Bels Henrick Brinker a native of Hanover who applies to be admitted a Citizen of
the United States, comes and proves to the satisfaction of the Court that he has resided in
the United States for at least five years, and in the State of Missouri at least one year
immediately preceding this application during which time he has conducted him-
self as a man of good moral character attached to the principles of the Constitution
of the United States, and well disposed to the good order and happiness of the same
and the Court moreover being satisfied that said applicant has taken the preparatory
steps required by the laws of the United States concerning the naturalization of
foreigners, and he declaring here in open Court,
tution of the United States, and that he doth entirely and absolutely renounce
and abjure forever all allegiance and fidelity to every foreign power prince, state
and Sovereignty whatsoever and particularly to the King of Hanover of whom
he was heretofor a subject, therefore the said Bels Henrick Brinker is admitted
a Citizen of the United States of America
Court adjourned until
ordered, that a copy hereof be published for four weeks successively, in some newspaper prin-
ted in the City of St Louis the last insertion to be at least twenty days before the said
next term. Cause Continued.
Now at this day come the parties aforesaid by their respec-
tive Attorneys, and thereupon the motion of the plaintiff
for an appeal herein is by them submitted to the Court,
which being seen heard and fully understood it is ordered
that said motion be and the same is hereby overruled, and on motion of the said de-
fendant by his Attorney it is ordered that the Sheriff of St Louis County deliver over
to him the said slave Samuel.
Scire facias to revive judgment.
Now at this day come the parties aforesaid by
their respective Attorneys, and thereupon neither
party requiring a Jury all and singular the
premises are by them submitted to the Court,
which being seen heard and fully understood,
the Court doth find as to the issue first within joined between said parties that there is
remaining in the Circuit Court of the County of St Louis, a recovery of judgment in
favor of the said Clement March against him the said Elias Barcroft in manner and
form as in the write of scire facias is alleged, and as to the second issue within joined
between said parties the Court doth find that the said Elias Barcroft did not after the
rendition of said judgment pay to the said Clement March in his life time the full
amount of the said judgment debt damages interest and costs in manner and form as
the said defendant has in his said second plea alleged. It is therefore considered by
the Court that the judgment aforesaid in form aforesaid by the said plaintiff recovered, as well
for the sum of Three hundred and eighty dollars and forty eight cents debt as also for the fur-
ther sum of Five hundred and sixty five Dollars and thirty six cents damages as for his
costs in said scire facias mentioned, be revived and stand in full force, and that said plain-
tiff have thereof execution as well for his costs and charges by him about the prosecution
of his said scire facias expended.
Appeal from St Louis Probate Court.
Now at this day come the parties aforesaid
by their respective Attorneys, and there-
upon all and singular the premises
being by them submitted to the Court
and by the Court here seen heard and fully understood, and the Court being suf-
ficiently advised of and concerning the premises, doth consider and adjudge that the
judgment aforesaid in form aforesaid by the said Probate court rendered be reversed
and set aside and for naught held and esteemed, and that a new trial of this case
be had in this Court according to Law, and that said plaintiff recover of the said de-
fendant the costs and charges herein expended, and have thereof execution.
On motion of the defendant by his Attorney
it is ordered that the Recorder of St Louis County
record in his office the deposition taken under
the dedimus issued in this cause for the pur-
pose of perpetuatin certain testimony herein
to wit, the testimony of Rene Paul, and which dedimus issued on the
of June eighteen hundred and forty four
Now at this day come the parties aforesaid by their respective At-
tornies, and thereupon the motion of the plaintiff to strike out the
second and third pleas filed by the defendants herein is submitted
to the Court, which being seen heard and fully understood it
is ordered that said motion be overruled, and on motion of the plaintiff leave is given her to file
a replication to the third plea of the defendant. Replication filed
The plaintiffs by their Attorney this day withdraw the motion
heretofore filed by them herein for the stay of proceedings in this
cause.
The defendant by his Attorney this day files a motion to
set aside the judgment rendered in this cause for irregular-
ity, and an affidavit in support of said motion.
Now at this day come the parties aforesaid by their respective
Attorneys, and thereupon the motion of the plaintiff to
strike from the record the secondly amended first and second
pleas filed by the defendants herein is submitted to the
Court, which being seen heard and fully understood it is
ordered that said motion be overruled
Now at this day come the parties aforesaid by their respective
Attorneys, and thereupon the motion of the defendant to
set aside the judgment by default heretofore rendered in
this cause is by them submitted to the Court, which being
seen heard and fully understood, is ordered by the Court that said motion be and the
same is hereby overruled
Now at this day come the parties aforesaid
by their respective Attorneys, and thereupon
the motion of the plaintiff to set aside the
order of dismissal entered in this cause, and
proceedings consequent thereon, and to rein-
state the cause for trial, is submitted to the Court which being seen heard and
fully understood it is ordered that said motion be sustained, at the costs of the de-
fendant.
Now at this day come the parties aforesaid
by their respective Attorneys, and thereupon
by leave of Court the plaintiffs withdraw the
second count of their declaration filed herein
and thereupon all and singular the premises
pertaining to the demurrer of the defendant William E Fitch to the declaration
of the said plaintiffs, is by them submitted to the Court which being seen heard
and fully understood, and it appearing to the Court that said declaration and
the matters therein contained are sufficient in the law for the said plaintiffs to
have and maintain their aforesaid action thereof against him the said defendants
it is ordered that said demurrer be, and the same is hereby overruled and on mo-
tion of the said defendant leave is given him to plead to said action instanter.
The plaintiff by their attorney this day file a bond
for security for costs in this cause
The plaintiffs by their attorney this day file a bond
for security for costs in this cause
Cause continued on affidavit on application and at costs of plaintiff
on account of absence of Charles Smith a material witness
Cause Continued
Trespass
The Sheriff having made return upon the unit issued in this
cause, that the defendant was not found in his County it is
ordered that this suit abate at the costs of the said plaintiff
and that execution issue therefor.
Debt 346.25
D 52.24
Petition on Note
Now at this day come the parties afore-
said by their respective attorneys and
thereupon neither party requiring a
Jury all and singular the premises are by them submitted to the Court which being
seen heard and fully understood the Court doth find as to the issue within joined
between said parties that the said defendants do owe the said sum of money in the said
petition mentioned in manner and form as they the said plaintiffs have above thereof
in their said petition alleged and it appearing to the Court from the
writing on which this action is founded that the said defendants are indebted unto
the said plaintiffs in the sum of Three hundred and forty six dDollars and twenty five
cents, and that said plaintiffs have sustained damage by reason of the detention of
said debt to the amount of fifty two Dollars, and twenty four cents. It is therefore con-
sidered by the Court that the said plaintiffs recover of the said defendants their debt
and damages aforesaid in form aforesaid by the Court found and assessed together with
their costs and charges in this behalf expended and have thereof execution.
As attorney for the plaintiff. I acknowledge to have read
satisfaction of this judgment - April 4th 1845
Attest John Roland
by Walter W Blair Deputy
Debt $550.66
Assumpsit
Now at this day come the parties aforesaid by their
respective attorneys and therefore neither party re-
quiring a Jury all and singular the premeses are
by them submitted to the Court which being seen
heard and fully understood the Court doth find as to the issue within joined be-
tween said parties that the said defendants did undertake and promise in man-
ner and form as the said plaintiff has above thereof complained against them and
it appearing to the Court from the
ded that the said plaintiff has sustained damage by reason of the nonperformance of
the premises and undertakings in his declaration mentioned to the amount of Five
hundred and fifty Dollars and sixty six and five third cents. It is therefore considered
by the Court that the said plaintiff recover of the said defendants his damages afore-
said in form aforesaid by the Court found and assessed, together with his costs and
charges in this behalf expended and have thereof execution.
On motion of the plaintiff by his attorney it is or
dered that a dedimus issue to the State of Illinois
to take the depositions of witnesses to be read in the
trial of said cause on behalf of said plaintiff
Surveyors Report filed
The defendants by their attorney this day file exceptions to the
Report of the Surveyor filed herein
Court adjourned until to morrow morning at ten oclock
Friday March 7th 1845
Court met pursuant to adjournment present the
Honorable John M Krum Judge, William Millburn Esquire
Sheriff and John Ruland Clerk
Petition on Note
Now at this day comes the plaintiff by his attorney
and files his petition herein and the defendant in his
own proper person also comes and says that he cannot de
ny the action aforesaid of him the said plaintiff nor but that he is indebted unto said pla
intiff in the sum of One hundred and twenty five Dollars for which sum he confesses judg
ment. It is therefore considered by the court that the said plaintiff recover of the said
defendant his debt aforesaid in form aforesaid confessed together with his costs and
charges in this behalf expended and have thereof execution. This judgment to bear
The defendant by his attorney this day files a motion to dis
miss this suit for reasons filed
Now at this day come the parties afore-
said by their respective attorneys and
thereupon the motion of the plaintiff to
set aside the judgment of nonsuit ren
dered herein is by them submitted to the
Court which being seen heard and fully understood it is ordered that said motion be overruled.
Now at this day come the parties aforesaid by their respective
attorneys and thereupon the motion of the plaintiff to set
aside the judgment of nonsuit rendered herein is by them
submitted to the Court which being seen heard and fully
Clark, a deed from said Truman Clark to Elhidge G Clark and a deed from the said Elhidge G Clark to said Rudolph Bircher according to the prayer of said petition
the defendant by his attorney this day files exceptions to the depositions taken by the plaintiff herein.
Appeal from Justice
Now at this day come the parties aforesaid by their respective
attorneys and thereupon by consent of parties it is ordered that
this suit is dismissed at the costs of the said defendant. It is
therefore considered by the Court that the said plaintiff recover of the said defendant his
costs and charges in this behalf expended and have thereof execution.
Appeal from Justice.
Now at this day come the parties aforesaid by
their respective attorneys and thereupon the
defendants by their attorney move the Court to
dismiss the said suit, which motion being seen heard and fully understood, it is
ordered the same be sustained. It is therefore considered by the Court that the said
plaintiff take nothing by his said suit, but that the defendants go thereof without day
and recover of said plaintiff their costs and charges in this behalf expended and have
thereof execution.
On motion of the defendants by their attorney
it is ordered that the Sheriff of St Louis Jointly
pay into Court the money made on the execu-
tion in this cause over and above the judgment
to abode the further order of this Court.
Appeal from Justice
Now at this day comes the plaintiff by his attorney
and says that he will not further prosecute his suit
in this behalf but voluntarily suffers the same to be
dismissed at his costs. It is therefore considered by the Court that the said plaintiff
take nothing by his said suit, but that the defendant go thereof without day and
recover of said plaintiff her costs and charges in this behalf expended and have thereof
execution
It appearing to the Court that William C Jamison has been regularly
licensed to practice Law in the several courts of this State. It is ordered that
he be admitted to and enrolled as a Member of this Bar.
On motion of the plaintiff by his attorney it is ordered
that the judgment of dismissal heretofore be ordered in this cause be and the same is hereby set aside and the cause
reinstated for trial. Cause Continued
Claim certified by assignee
Now at this day come the parties aforesaid by their
respective attorneys and forasmuch as the said
parties consent that the claim of the said Billings
is just, and that the same be allowed at the
Dollars it is therefore considered by the Court that the same be allowed at the
sum aforesaid.
depositions of witnesses to be read in the trial of said cause in behalf of said plaintiff
Garnishment on Execution
On motion of said garnishees by their
Attorney it is ordered that they be
and they are hereby discharged from
all liability and demand under and
by virtue of such garnishment at the
costs of the said plaintiff and that
execution issue therefor.
Assumpsit.
Now at this day come the parties aforesaid
by their respective Attorneys, and thereupon
neither party requiring a Jury all and
singular the premises are by them submitted
to the Court which being seen heard and fully understood the Court doth find as to the
issue within joined between the said parties that the said defendants did undertake and
promise in manner and form as the plaintiff in their said declaration have alleged, and
doth assess the plaintiffs damages by them sustained by reason of the nonperformance of the
promises and undertakings in said declaration mentioned to the amount of Nine hun-
dred and thirty four Dollars and sixty seven cents. It is therefore considered by the Court
that the said plaintiffs recover of the said defendants their damages aforesaid in form
aforesaid by the Court assessed together with their costs and charges in this behalf expen-
ded and have thereof execution
On motion of the defendant by his Attorney it is ordered
that the Sheriff of St Louis County deliver the slave Andrean
Paschall plaintiff in this
said plaintiff._
Petition for Mandamus.
Now at this day comes the said petitioner by
his Attorney and files his affidavit herein
and thereupon on his motion it is ordered
that a Mandamus issue commanding said
defendant to grant the writ of possession in said petition mentioned & in default thereof
to appear on this Court on the
cause if any there be to the contrary.
Petition for Dower.
Now at this day come the parties aforesaid
by their respective Attorneys, and the having heretofore filed their Report
of the assignment of Dower herein, which report
being seen heard and fully understood, and for that it appears to the Court that
the assignment of Dower made and reported by said
true, the Court doth confirm and establish said report and the matters and things
therein contained as firm and effectual forever.
Court adjourned until tomorrow morning at ten o'clock AM
John M Krum
In Partition.
Now at this day come the parties aforesaid
by the Attorneys, and the Sheriff also returns
here into Court and files his report herein
stating therein that in pursuance of the order of sale made herein he had proceeded to sell
the property in said petition mentioned and described and having
of sale given notice as required by law of the time terms and place of sale and in his said
report he describes the property sold the amount big therefor and the name of pur-
chaser thereof which report and the matters and things therein contained are approved
by the Court and confirmed as valid and effectual forever, and the said Sheriff is directed to
execute and deliver to the purchaser of said property a good and sufficient deed therefor.
Garnishment on Fi Fa
There having been no allegations and Innterogatories
to the garnishee
said garnishee be discharged from all liability
and demand under and by virtue of such gar-
nishment at the costs of the plaintiffs and that execution issue therefor.
Garnishment on Fi Fa
There having been no allegations and Interrogatories
to the garnishee filed in this cause it is ordered that
said garnishee be discharged from all liability and de-
mand under and by virtue of such garnishment at
the costs of the plaintiff and that execution issue therefor.
Garnishment on Fi Fa
There having been no allegations and Interragatories
to the garnishee filed in this cause it is ordered that
said garnishee be discharged from all liability and
demand under and by virtue of such garnishment
at the costs of the plaintiff and that execution issue therefor.
Assumpsit
Now at this day come the said plaintiffs
by their Attorney, and not requiring a Jury
to assess their damages herein all and singu-
lar the premises are submitted to the Court
which being seen heard and fully understood the Cout doth find that said plaintiffs have
sustained damage by reason of the unperformance of the promises and undertakings
in their declaration mentioned to the amount of four hundred and thirty five Dollars and eighty seven cents.
It is therefore considered by the Court that the said plaintiffs recover of the said defendant
their damages aforesaid in form aforesaid by the Court
cution out of the property attached at the commencement of this suit.
Assumpsit
Now at this day come the said
plaintiffs by their Attorney, and
not requiring a Jury to asses
their damages all and singular
the premises are by them sub-
mitted to the Court which being seen heard and fully understood, the Court doth find
Appeal to Supreme Court
Now at this day comes the said Peter Powell and prays
an appeal to the Supreme Court from the judgment
rendered herein against the said plaintiff and files his
affidavit therefor as required by law where from the appeal is granted and the said
Peter Powell as principal acknowledges himself to owe the said defendant the sum
of Two hundred Dollars and John F Darby and Charles C Carroll as securities
acknowledge themselves each to one the said defendant the sum of Two hundred
upon condition that if said Peter Powell shall prosecute his appeal now taken with
due diligence to a decision in the Supreme Court and if his appeal shall be dismissed
or the judgment of this Court be affirmed he shall pay whatever of debt damages and
costs have been recovered against him by the judgment of this Court together with the
interest that may grow due thereon and shall otherwise perform the judgment of
this Court and shall pay the damages and costs that may be adjudged against him
in the Supreme Court upon his appeal then this recognisance to be good otherwise of
full force.
The defendants by their attorney this day withdraw the
exceptions to the depositions heretofore filed by their
herein
Now at this day come the parties aforesaid by
their respective attorneys, and thereupon the
motion of the defendant to set aside the verdict
rendered in this cause and for a new trial is
by them submitted to the Court which being seen heard and fully understood it is on
deed that said motion be overruled.
Bill of Exceptions filed.
Now at this day come the parties aforesaid by their re-
spective attorneys, and thereupon the motion of the
plaintiff to set aside the verdict rendered in this cause
and for a new trial is by them submitted to the Court
which being seen heard and fully understood it is ordered that the same be overruled
On motion of the plaintiffs by their attorney leave
is given them to withdraw the affidavit and
proof of partnership filed by them herein.
Now at this day come the parties aforesaid by their respective
attorneys and thereupon the motion of the defendant
to dismiss the said suit is by them submitted to the Court
which being seen heard and fully understood it is ordered
that said motion be overruled
Now at this day come the parties aforesaid and by their respective
attorneys and thereupon the motion of the plaintiff to quash
the execution issued in this cause is by them submitted
to the Court which motion being seen heard and fully
understood it is ordered that the same be overruled
submitted to the Court which being seen heard and fully understood it is ordered that
said motions be and the same are hereby overruled.
Now at this day comes the defendant by his Attorney and thereupon
the motion of the said defendant to quash and recall the execution
in this case is submitted to the Court which motion being seen
heard and fully understood it is ordered that said motion be sus-
tained and said writ recalled and quashed.
Now at this day come the parties aforesaid by their respective Attorneys
and thereupon the motion of the plaintiff to set aside and vacate
the order of dismissal made in this cause and to reinstate the
cause on the docket is by them submitted to the Court which motion
being seen heard and fully understood it is ordered that said motion
be overruled.
Petition for Mandamus.
Now at this day comes the parties aforesaid by their respective
Attorneys, and by consent of parties it is ordered that the
petition in this cause be
petitioner and that execution
Now at this day come the parties aforesaid by their
respective Attorneys, and thereupon all and singular
the premises pertaining to the demurrer of the de-
fendant to the fourth replication of the plaintiff
to the answer of the said defendant is submitted
to the Court which being seen heard and fully un-
derstood and it appearing to the Court that said replication and the matters and things
therein contained in manner and form as the same are therein set forth are not sufficient
in law for the said plaintiff to have or maintain his aforesaid action thereof against the said
defendant it is ordered that said demurrer be sustained.
Now at this day come the parties aforesaid by their re-
spective Attorneys and thereupon the motion of the
petitioner for a rehearing of the petition for prohibition
in this cause is submitted to the Court which being seen
heard and fully understood it is ordered that said motion be overruled.
Assumpsit
Now at this day comes the plaintiff and files his declaration
herein and the defendant in his own proper person also comes
and says that he cannot deny the action aforesaid of him the
said plaintiff nor but that he hath sustained damage by reason of the nonperformance
of the promises and undertakings in his declaration mentioned to the amount of
Five hundred and seventy nine Dollars and fifty cents for which sum he confesses
judgment. It is therefore considered by the Court that the said plaintiff recover of
the said defendant his damages aforesaid in form aforesaid confessed together with his
costs and charges in this behalf expended and have thereof execution.
Bill of Exceptions filed.
are not sufficient in law to bar or preclude him from having or maintaining his aforesaid
action thereof against them the said defendant it is ordered that said demurrer be sus-
tained.
On Interpleader
Now at this day come the parties aforesaid by their re-
spective Attorneys, and thereupon neither party requi-
ring a Jury all and singular the premises are by them
submitted to the Court which being seen heard and fully
understood the Court doth find as to the issue within joined between said parties that
the funds attached in the hands of Robert Campbell a garnishee in this cause is the
property of the said Ira D Blanchard and was so at the time of the institution of this suit
and of the service of said garnishment and is not and at the time of the institution of this
suit and when said Campbell was summoned as garnishee in this cause was not the property
of said defendant in manner and form as the said Ira D Blanchard hath above in his plea
of interpleader alleged it is therefore considered by the Court that the said plaintiff take nothing
by his said attachment but that said Interpleader go thereof without day and recover of said
plaintiff his costs and charges in this behalf expended and have thereof execution.
Lewis Walsh a native of Ireland who applies to be
the United States comes and proves to the satisfaction of the Court that he has resided in
the United States for at least five years and in the State of Missouri at least one year im-
mediately preceding in this application during which time he has conducted himself as
a man of good moral character attached to the principles of the Constitution of the United
States, and well disposed to the good order and happiness of the same: and the Court more-
over being satisfied that said applicant has taken the preparatory steps required by the laws
of the United States concerning the naturalization of foreigners, and he declaring here in
open Court upon oath that he will support the Constitution of the United States, and that he
doth entirely and absolutely renounce and abjure forever all allegiance and fidelity to every
foreign power Prince State and Sovereignty whatsoever and particularly to Victoria Queen
of Great Britain and Ireland of whom he was heretofore a subject therefore the said Lewis
Walsh is admitted a Citizen of the United States of America
John C Slatery a native of Ireland who applies to be admitted a Citizen of the United
States comes and proves to the satisfaction of the Court that he has resided in the United States
for at least five years and in the State of Missouri at least one year immediately preceding
this application during which time he has conducted himself as a man of good moral
character attached to the principles of the Constitution of the United States and well disposed
to the good order and happiness of the same: and the Court moreover being satisfied that said
applicant has taken the preparatory steps required by the laws of the United States concerning
the naturalization of foreigners and he declaring here in open Court upon oath that he will
support the Constitution of the United States, and that he doth entirely and absolutely re-
nounce and abjure forever all allegiance and fidelity to every foreign power prince State
and Sovereignty whatsoever and particularly to Victoria Queen of Great Britain and Ireland
of whom he was heretofore a subject therefore the said John C Slatery is admitted a Citizen
of the United States of America
Trespass.
Now at this day comes the plaintiff by his Attorney and the defen-
dant although demanded comes not but makes default nor hath
he pleaded to the action aforesaid of him the said plaintiff wherefore
said plaintiff ought to recover against him. It is therefore con
The said Marim this day files a motion for an order
on the Sheriff of St Louis County to pay over to him or
to his Attorney of record the money collected by said
Sheriff on execution in the above cause
Oyer of Mortgagae given
Allegations and interrogatories to William
S McKnight and Samuel H Saunders
and William R Dempsey garnishees
filed._
Court adjourned until tomorrow morning at Nine oclock._
Court met pursuant to adjournment pres-
ent The Honorable John M Krum Judge, William Mil-
burn Esquire Sheriff and John Ruland Clerk.
Plea filed
Plea filed
Plea filed
Plea filed
Plea filed
Plea filed
Allegations & interrog-
atories to garnishee filed
Plea by defendant
Prinnu filed.
Plea filed
in abatement
Plea in abatement filed.
Petition for Partition.
M.S. Cerre and J.L. Papin a majority
of the
a report of their proceedings herein, and
acknowledge the same to be their true report in the premises.
Petition for Mandamus
Now at this day comes the petitioner by his Attorney, and files
his petition for a Mandamus, and thereupon no cause being
shown to the contrary, and the said defendant waiving the
process of an alternative Mandamus, it is ordered that a peremptory mandamus issue
to the said Alphonse Witmore commanding him to grant a writ of restitution for the pos-
session of the premises therein mentioned against J.C.F. Randolph._
Court adjourned until Monday th
Court met pursuant to adjournment, present
The Honorable John M Krum Judge, William Mil-
burn Esquire Sheriff and John Ruland Clerk
Answer of plaintiff to petition for discovery filed
Plea filed
Demurrer to declaration filed
Plea by defendant Watson filed
Plea by defendants Miller and Wood filed
Plea filed
Plea filed
Alexander P Field and William Hubbard two credible witnesses come into Court and
being seen prove the execution of a deed of emancipation from Haskin Randall a free
man of color in favor of Betsey a negro slave aged about forty years, and the Court being
satisfied that the said Betsey is a person of sound mind and capable of supporting
himself. It is ordered that said Hoskin Randall be discharged from all liability for her
support
Now at this day comes the plaintiff by his attorney and
files his petition herein and it appearing to the Court
that said petition contains sufficient matter to authorise
the commencement of a suit the Court doth order that
said Thomas Jefferson be allowed to sue as a poor person
to establish his right to freedom, and doth assign Andrew H H Danson as his counsel
That said plaintiff have reasonable liberty to attend his counsel and the Court as occa-
sion may require that he be not removed out of the jurisdiction of the Court and that
he be not subject to any severity on account of his application for freedom and the said
plaintiff by his attorney stating that he has good reason to suspect and believe that the
defendants will unless prevented deed said plaintiff away in order to prevent the success
ful prosecution of his suit it is ordered that a warrant use to the Sheriff of St Louis
County commanding him to bring the said plaintiff into Court and demmands the said
defendants also to appear on the thirteenth day of April instant to abide the order of the
Court in the premises
Assumpsit
On motion of the plaintiffs by their attorney
it is ordered that an alias attachment issue
in this cause returnable to the next term of
this Court
Attachment
On motion of the attorney for the plaintiff
it is ordered that said defendant be noti-
fied that an action of assumpsit for the sum
of five hundred Dollars has been commenced against him, 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 on the third Monday of November next, and nor before
the third day thereof plead to said action, according to law a judgement will be
rendered against him, and his property sold to satisfy the same. And it is further
ordered that a copy hereof be published for four weeks successively in same
printed in the City of St Louis the last insertion to be at least twenty days before
the said next term
On motion of the defendant by his attorney it is ordered
that a dedimus issue to the State of Ohio to take the
depositions of witnesses to be read on the trial of said cause
on behalf of said defendant.
Court adjourned until to morrow morning at Nine oclock
of said plaintiff his costs and charges in this behalf expended and have thereof execution
Ejectment
Now at this day come the parties aforesaid by
their respective attorneys and on their motion
it is ordered that this suit be dismissed at
the costs of the defendant. It is therefore con
-sidered by the Court that the said plaintiffs recover of the said defendants their costs and
charges in this behalf expended and have thereof execution.
Cause Continued as on affidavit at costs of plaintiff by a bond
of Mr Ceule a witness
The plaintiffs by their attorney this day file
a motion to dismiss the appeal herein
On motion of the plaintiff by her attorney it is ordered that a Ded-
imus issue to the State of Illinois to take the depositions of witnesses
to be read on the trial of said cause on behalf of said plaintiff.
In Partition
On motion of the petitioners by their attorney
it is ordered that they have leave to amend
their petition herein which is due by inserted therein and by amending the same so
as to read that said Samuel Abbott is entered to twenty one hundred and tenth parts
and said Hyacuth St Cyr is entitled to one hundred and tenth parts of the premises
in said petition described
Court adjourned until to morrow morning at nine o'clock
Saturday May 3rd 1845
Court met pursuant to adjournment
present The Honorable John M Krum Judge Wil-
lian Milburn Esquire Sheriff and John Ruland Clerk
Ejectment
On motion of Trusien Polk attorney of record for
the plaintiff in this cause it is ordered that he have
leave to withdraw his name from the record as Attorney herein.
Case
Now at this day come the plaintiff by their attorney
and say that they will not further prosecute their
suit in this behalf, but voluntarily suffer the same
to be dismissed at their costs. It is therefore consid-
ered by the Court that the said plaintiffs take nothing by their said suit but that the
defendant go thereof without day and recover of said plaintiff his costs and charges
in this behalf expended and have thereof execution.
Cause Continued
The defendant by his attorney this day files a demurrer
to the third fourth and sixth amended counts of plain-
tiffs declaration.
The defendant by his attorney this day files a demurrer
to the first fifth and seventh amended counts of plaintiffs
declaration.
The defendant Henry Prosser by his attorney
this day files a motion to set aside the judg-
ment by default and order of enquiry thereupon
rendered against him and reasons in support thereof.
On motion of the defendant by his attorney it is ordered
that a dedimus issue to the Law Commissioner of St Louis
County to take the depositions of witnesses to be read on the
trial of said cause on behalf of said defendant
Augustus H Evans vs Mary Harris and Parsons Rose. Cause Continued
The State of M to use of Hannah Ingram vs Robert Raukin and others. Cause Continued
The State of M to use of Eliza Ingram vs Robert Raukin and others. Cause Continued
The State of M to use of Edward Ingram vs Robert Raukin and others. Cause Continued
The State of M to use of Henry Ingram vs Robert Raukin and others. Cause Continued
The State of M to use of Nathaniel Ingram vs Robert Raukin and others. Cause Continued
The State of M to use of Richard Hughes vs Robert Raukin and others. Cause Continued
The State of M to use of Thomas Hameltan et al vs Robert Raukin and others. Cause Continued
The State of M to use of James Ingram vs Robert Raukin and others. Cause Continued
It appearing to the Court that certain pro-
deedings had in this cause on the twenty eight
day of April last were not entered of record it
is ordered that they be now entered as of that day in the words and figures following to wit
defendant did understake and promise in manner and form as the said plaintiff has
in his declaration alleged and doth assess the plaintiffs damages sustained by rea-
son of the unperformance of the promises and undertakings in this declaration mentioned
to the sum of One hundred Dollars. It is therefore considered by the Court that the said
plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the
Court found and assessed together with his costs and charges in this behalf expended
and have thereof execution._
Trespass
Now at this day come the parties aforesaid by their respective
Attorneys, and in their motion it is ordered that this suit be
dismissed at the costs of defendant. It is therefore con-
sidered by the Court that the said plaintiff recover of the said defendant his costs and
charges in this behalf expended and have thereof execution.
Detinue
Now at this day comes the defendant by his Attorney, and the plain-
tiff although demanded comes not but makes default, nor doth
he prosecute his suit in this behalf with effect, wherefore said defen-
dant ought to recover against him. It is therefore considered by the Court that the said
plaintiff take nothing by his said suit but that the defendant go thereof without day
and recover of said plaintiff his costs and charges in this behalf expended, and have
thereof execution.
Replevin
Now at this day comes the defendant by his Attorney, and the
plaintiff although demanded comes not but makes default, nor
doth he prosecute his suit in this behalf with effect, wherefore
said defendant ought to recover against him. It is therefore considered by the Court that
the said plaintiff take nothing by his said suit, but that the defendant go thereof without
day and recover of said plaintiff his costs and charges in this behalf expended, and have
thereof execution._
Trespass
Now at this day comes the defendant by his Attorney, and the
plaintiff although demanded comes not but makes default
nor doth he prosecute his suit in this behalf with effect, where-
fore said defendant ought to recover against him. It is therefore considered by the Court
that the said plaintiff take nothing by his said suit but that the defendant go thereof
without day and recover of said plaintiff his costs and charges in this behalf expended and
have thereof execution.
Ejectment
Now at this day comes the defendant by his Attorney, and the
plaintiff although demanded comes not but makes default
nor doth he prosecute his suit in this behalf with effect where-
fore said defendant ought to recover against him. It is therefore considered by the Court
that the said plaintiff take nothing by his said suit, but that the defendant go thereof
without day and recover of said plaintiff his costs and charges in this behalf expen-
ded and have thereof execution._
Cause Continued.
and pateuted to Lafreuier J Chaumi containing eighty acres and the east half of the
north east quarter of section twenty two in township forty six north of range five east in
the district of St Louis and State of Missouri containing eighty acres and pateuted to
Samuel Harris, with the exception of twenty acres that is to be off the southeast corner
of said land as follows beguining at the southeast corner of the half quarter parteuted
to Chauvin as above described and running west eighty two poles, theuce worth thirty
nine poles, theuce east eighty two poles, theuce South to the beguining as to make
acres or to new further west, if necessary so as to include a house built on said tract
by J.G. Walton, which is excepted leaving the said tract of land containing one hundred
and forty acres and being the same purchased by the said Mary Walton in her life time
from Jacob Walton and Jane his wife by deed leaning date the forth day of July
eighteen hundred and thirty three sold under and by virtue of an order of the St Louis
Circuit Court in a certain suit of petition for partition wherein the above named parties
were plaintiffs and defend and made on the thirteenth day of December 18th.
William Milburn Esquire Sheriff of the County of St Louis in open Court
acknowledged the execution of a deed by him as Sheriff as aforesaid in favor of
Robert Parkin of all the right title interest claim estate and property of Michael
Powers of in and to the following described real estate to wit. A lot of ground situate
lying and being in the County of St Louis state of Missouri being part of block No 11
in the first series of the City of St Louis bounded and described as follows to wit come
encing at the northwest corner of the intersection of Fourteenth and Market streets
theuce eastwardly thirty feet on Market street, theuce southwardly in a parallel line
with fourteenth street or Sarpy avenue one hundred feet theuce westwardly thirty
feet parallel to Market street theuce northwardly on fourteenth street one hundred
feet to the place of beguining being the lot of ground conveyed to said Michael
Powers by deed dated April 11th 1842 made by George M Moore and wife recorded
in the proper office April 24th 1842 in Book V. No 2 pages 430 and 431 upon
which are several valuable buildings and other improvements sold in virtue and by
authority of two several exceptions
Court in favor of George Ethug against the said Michael Powers.
Thomas Hundley vs Pascal David Larael R Craddock. Cause Continued
Plea filed
The said garnishee by his attorney this day files
a motion to be discharged herein.
The defendant by his attorney this say files exceptions
the depositions taken on behalf of the plaintiff herein.
The defendants by their attorney this day file
a motion in arrest of judgment herein and
a motion to set aside the verdict rendered
within cause for reasons filed.
said plat as Lynch street, on the north by a street laid down on said plat as Sidney
street, on the east by a street laid down on said plat as Seventh street, and on the west
by lot No two of said plat said lot containing the quantity of two acres and forty three
hundredths of acres sold in virtue and by authority of five executions
the Clerks offices of the St Louis Court of Common Pleas and Circuit Court against
the said John D Daggett.
The defendant by his Attorney this day files a motion
to dismiss this action and reasons in support of
said motion.
The defendant by his Attorney this day files a motion
to dismiss this action, and reasons in support of said
motion.
The defendant by his Attorney this day files a motion
to dismiss this action, and reasons in support of
said motion.
Covenant
Now at this day comes the plaintiff by his Attorney
and says that he will not further prosecute his suit
in this behalf but voluntarily suffers the same to be
plaintiff take nothing by his said suit but that the defendant go thereof without
day and recover of said plaintiff his costs and charges in this behalf expended, and
have thereof execution.
It appearing to the Court that certain
proceedings had in this cause on the
dred and forty four
tered of record It is ordered that they be
now entered as of that day in the words and
figures following to wit.
The plaintiffs by their Attorney come and
say that they remit to the said defendant
the sum of ten thousand one hundred and
twenty nine Dollars and fifty three cents
part and parcel of the judgment rendered
in this case. Therefore it is considered
that the said defendant be discharged from the said sum above remitted.
It appearing to the court that certain
proceedings had in this cause on the
eight hundred and forty four
to be entered of record it is ordered that the
same be now entered as of that day in
the words and figures following to wit.
Petition on Note
Now at this day comes the plaintiff by his Attorney
and files his petition herein, and the defendant by his
Attorney in fact, Trusten Polk, who produces to the
Court here and files a power of Attorney to that effect duly proven also comes, and says
that he cannot deny the action aforesaid of him the said plaintiff, nor but that he is in-
debted unto said plaintiff in the sum of Six hundred and fifty six Dollars and ten
cents, and that said plaintiff has sustained damage by reason of the detention of said
debt to the amount of eight dollars and seventy four cents. It is therefore considered
by the Court that the said plaintiff recover of the said defendant his debt and damages
aforesaid in form aforesaid confessed together with his costs and charges in this behalf
expended and have thereof execution.
Replevin.
The Sheriff having returned the writ
cause not executed for want of bond it is ordered
that this suit be
plaintiff, and that execution issue therefor
Detinue
Now at this day comes the plaintiff by his Attorney, and says
that he will not further prosecute his suit in this behalf but
voluntarily suffers the same to be
It is therefore considered by the Court that the said plaintiff take nothing by his said suit
but that the defendant go thereof without day and recover of said plaintiff his costs and
charges in this behalf expended and have thereof execution
Patrick Conway a native of Ireland who applies to be admitted a Citizen of
the United States, comes and proves to the satisfaction of the Court that he has resided
in the United States for at least five years, and in the State of Missour at least one
year immediately preceding this application during which time he has conducted
himself as a man of good moral character, attached to the principles of the Contitu-
tion of the United States, and well disposed to the good order and happiness of the same
and the Court moreover being satisfied that said applicant has taken the preparatory
steps required by the laws of the United States concerning the naturalization of foreigners
and he declaring here in open Court upon oath, that he will support the Constitution
of the United States and that he doth entirely and absolutely renounce and abjure
forever all allegiance and fidelity to every foreign power Prince State and Sovereignty
whatsoever and particularly to Victoria Queen of Great Britain and Ireland
of whom he was heretofore a subject therefore the said Patrick Conway is admitted
a citizen of the United States of America
Cause Continued by consent.
The plaintiff by his Attorney this day files a motion
to set aside the verdict rendered in this cause, and
to grant a new trial therein.
Affidavit of Partnership filed
said do say that at the time when said several supposed trespasses were committed
the said plaintiff was a slave in manner and form as the said defendant has in
said second plea alleged. It is therefore considered by the Court that the said
plaintiff take nothing by her said suit, but that the defendant go thereof without day
Trespass.
Now at this day come the parties aforesaid by their re-
spective Attorneys, and thereupon the motion of the
said defendants to set aside the verdict rendered in
this cause, and to award a new trial is by them submitted to the Court, which being
seen heard and fully understood it is ordered that said motion be overruled, and
thereupon the defendants by their Attorney file a bill of exceptions herein.
On motion of the plaintiff by his Attorney it is ordered that a
dedimus issue to the State of Illinois to take the depositions of
witnesses to be read in the trial of this cause on behalf of said plaintiff
Replevin
The Sheriff having returned the writ issue in this cause not
executed for want of the bond required by law, it is ordered
that this suit be dismissed at the costs of the said plaintiff
and that execution issue therefor.
Louis Wilkenmaier a native of Germany who applies to be admitted a Citizen of the United
States, comes and proves to the satisfaction of the Court that he has resided in the United States
for at least five years, and in the State of Missouri at least one year immediately prece-
ding this application during which time he has conducted himself as a man of good moral
character, attached to the principles of the Constitution of the United States and well disposed
to the good order and happiness of the same, and the Court moreover being satisfied that said
applicant has taken the preparatory steps required by the laws of the United States concerning
the naturalization of foreigners, and he declaring here in open Court upon oath, that he will
support the Constitution of the United States, and that he doth entirely and absolutely re-
nounce and abjure forever all allegiance and fidelity to every foreign power prince State and
Sovereignty whatsoever and particularly to The King of Wurtemburg of whom he was heretofore
a subject, thereupon the said Louis Wilkenmaier is admitted a Citizen of the United States
of America
Trespass &c
Now at this day come the parties aforesaid by their respective
Attorneys, and thereupon the motion of the said defendant to
dismiss this suit is by them submitted to the Court, which
being seen heard and fully understood it is ordered that said motion be overruled.
Trespass &c
Now at this day come the parties aforesaid by their respective
Attorneys, and thereupon the motion of the said defendant
to dismiss this suit is by them submitted to the Court, which
being seen heard and fully understood it is ordered that said motion be overruled.
Suit for freedom
Now at this day come the parties aforesaid by their respec-
tive Attorneys, and thereupon the motion of the said defendant
by his said suit but that the defendant go thereof without day and recover of said plaintiff
his costs and charges in this behalf expended and have thereof execution._
Cause Continued.
Cause Continued.
Cause Continued.
Debt on Bond.
Now at this day comes the defendant by his At-
torney, and the plaintiff although demanded
comes not but makes default, nor doth he prose-
cute his suit in this behalf with effect, wherefore
said defendant ought to recover against her. It is therefore considered by the Court that the
said plaintiff take nothing by her suit, but that the defendant go thereof without day, and
recover of said plaintiff his costs and charges in this behalf expended, and have thereof execution
The plaintiff by her Attorney this day files a motion to set aside
the verdict rendered in this cause and to grant a new trial for
reasons filed._
William Milburn Esquire Sheriff of the County of St Louis acknowledges the execu-
tion of a deed by him as Sheriff as aforesaid in favor of P. Dexter Tiffany of all the right
title interest and claim of Herman L Hoffman of in and to the following described real
estate to wit: lots numbers one, two, three, four, five, six, seven according to a plat attached to
the deed of said Sheriff, and therein described as follows, lot number one containing twenty
eight feet front by one hundred and sixteen feet deep to a twelve foot alley bounded South by
Plum street, west by Fourth street, nor by lot number two and east by a twelve feet alley
lot number two, containing twenty eight feet front on fourth street by one hundred and sixteen
feet deep to an alley twelve feet wide, bounded South by said lot number one, West by fourt
street, north by a lot number eight and east by said twelve feet alley. Lots numbers three four
five and six and seven containing each nineteen feet front on Plum street and running
back northwardly to an alley, a portion of which said alley is ten feet wide and a portion fifteen
feet wide, said lots are bounded South by Plum street, north by said alley partly ten feet and
partly fifteen feet wide, west by an alley twelve feet wide and east by property of Madame
La Lumiere sold in virtue and by authority of an execution issued from the offive of the Clerk
of the St Louis Circuit Court of Common Pleas returnable to the September Term 1845
of said Court in favor of Evans Rodgers against said Herman L Hoffman._
Ejectment
Now at this day come the parties aforesaid by their
respective Attorneys, and thereupon comes also
a Jury to wit, Andrew Link, Jacob Kneedler
Conrad Hatz, J.H. Hall, Leroy Kingsland,
A.P. Laden, Eugene Kelly, John Redman, Isaac
J Price, William Ermis, Henry Duncan and John McClung twelve good and lawful men
who being duly elected tried and sworn the issue within joined between the parties afore-
said well and truly to try upon their oaths aforesaid say that the said defendants are
guilty of unlawfully withholding the premises from the plaintiffs as alleged against them
in the said declaration, and they do further find that the said plaintiffs have sustained
damage by reason of the premises in their declaration mentioned to the sum of
3rd. Because it doth not appear from said returns of said Sheriff that the warrant under which
the said Sheriff holds the said petitioner was issued by the Governer of the State of Missouri
in a case provided for by the Constitution and laws of the United States or of this State.
4th. Because the said warrant was issued by the Governor of Missouri without any au-
thority of law and because the said return is in other respects informal and insufficient
in law to authorise the said Sheriff to hold said petitioner in custody.
And after hearing the arguments of counsel and the premises being seen and fully understood
by the Court It is ordered that the said motion be sustained and that the said return
of the said Sheriff be quashed and for naught esteemed and that said petitioner be and he
is hereby discharged from the custody of the said Sheriff and it is further ordered that the said
Petitioner recover his proper costs and charges herein expended and that he have thereof execution.
Petition for Mandamus
Now at this day come the parties aforesaid by their respec-
tive attorneys and thereupon all and singular the premises
pertaining to the petition of the said plaintiff for a preporatory
mandamus and the answer of the said defendant to said petition are submitted to the
Court which being seen heard and fully understood it is ordered that said petition
be granted and that a peremptory mandamus issue to said defendant commanding
him to grant an appeal from a judgment rendered by him in favor of David B Hill
against the said petitioner and that the said defendant pay the costs and charges
herein expended and that execution issue therefor
The defendant by his attorney this day files a motion to dis-
miss this suit for reasons filed
The said garnishees by their attorney
this day file a motion to set aside
all proceedings against them respec-
tively on the execution in this cause
The said garnishees by their attorney
this day file a motion to set aside
all proceedings against them respec-
tively on the execution in this cause.
The defendants by their attorney this day file
a motion to set aside the verdict rendered in
this cause and grant a new trial for reasons filed
Assumpsit
Now at this day come the parties aforesaid
by their respective attorneys and thereupon
by consent of parties it is ordered that this
suit be dismissed upon the following terms to wit that each pay the costs accrued
by them herein and that execution issue therefor.
Assumpsit
Now at this day come the parties aforesaid
by their respective attorneys and thereupon
by consent of parties it is ordered that
that this suit be dismissed upon the following terms to wit that each party pay the
costs accrued by them herein, and that execution issue therefor.
Replevin.
Now at this day come the parties aforesaid by their respec-
tive Attorneys, and thereupon comes also a Jury to wit
Samuel McClung, George K Ney, Jesse S Douglass, R
C McAlister, J.C. Miller, J.G. Maxwell, John Maeder, R.W. Thompson, Charles G Martin
George Patton, William Tighe and John Kean twelve good and lawful men who are duly
elected tried and sworng the issue within joined between the parties aforesaid well and truly
to try and after hearing the evidence and arguments of Counsel are unable to agree upon
a verdict and are thereupon discharged.
Additional plea filed by leave of Court.
The defendant by his Attorney this day files an affidavit
in support of his motion to set aside the judgment
by default rendered herein.
Assumpsit
Now at this day come the parties aforesaid
by their respective Attorneys, and thereupon
by consent of parties it is ordered that this
suit be dismissed upon the following term to wit that each party pay the costs accrued
by him herein and that execution issue therefor.
Court adjourned until Monday morning at Nine oclock
Court met pursuant to adjournment present The
Honorable John M Krum Judge, William Milburn Esquire
Sheriff and John Ruland Clerk.
Assumpsit.
Now at this day comes the plaintiff by his
Attorney and files his declaration, and
the defendants in their own proper person
also come and say that they cannot deny
the action aforesaid of him the said
Now at this day come the parties aforesaid by their respective
attorneys and thereupon all and singular the premises
pertaining to the exceptions of the defendants to the depositions
takes on behalf of the plaintiff herein is by them submitted
to the Court which being seen heard and fully understood it is ordered that said exceptions be
overruled.
Now at this day come the parties aforesaid by their respective
attorneys and thereupon the motion of the said defendant to
dismiss this suit is by them submitted to the Court which
being seen heard and fully understood it is ordered that
said motion be overruled
The plaintiff by her attorney this day files a bill
of the particulars of the demand on which this ac-
tion is founded and a motion to strike out the
second, third, fourth, fifth, sixth and seventh
pleas filed by the defendants herein.
Now at this day come the parties aforesaid by their respective attor-
neys and thereupon all and singular the premises pertaining
to the demurrer of the defendant to the plaintiffs declaration herein
is by them submitted to the Bank which being seen and heard
and the Court being sufficiently advised thereof doth order that said demurrer be sustained
as to the first count of the plaintiffs declaration and overruled as to the second count
the said defendant files a plea to the declaration
Now at this day come the parties aforesaid by their respective
attorneys and thereupon all and singular the premises per
taining to the demurrer of the plaintiffs to the plea in abate
ment filed herein are submitted to the Court which being
seen and heard and the Court being sufficiently advised
thereof doth order that said demurrer be overruled
Now at this day come the parties aforesaid by their respective at
torneys and thereupon the motion of the said defendant to set aside
the execution of special fieri facias issued in this case and
also the award of the same is by them submitted to the Court
which being seen heard and fully understood it is ordered that said motion be sustained
and that the execution of special fieri facias be recalled and quashed and that the award
of the same be and the same is hereby set aside.
The Sheriff of St Louis County this day files a motion for leave
to amend his return made by him at the execution
in this cause.
On motion it is ordered by the Court that Desk No 43 which was heretofore
assigned to John Bent and which by the permission of the said Bent has been
occupied by Bryan Mullanphy be and the same is hereby confirmed to the said
Bryan Mullanphy the said Bent having deceased
Court adjourned until tomorrow morning at Nine oclock
Ryan is by them submitted to the Court which being seen heard and fully understood
it is ordered that said petition be overruled and that said execution be enforced
and it is further ordered by the Court that the said plaintiff pay the costs and charges
in this behalf expended and that execution issue therefor
The plaintiff by his Attorney this day files a motion for a rehearing of said petition.
On motion, it is ordered that the motion filed by the defendants
herein for relief against the costs of this suit, be and the same
is hereby sticken from the Docket._
Court adjourned until tomorrow morning at Nine oclock.
Court met pursuant to adjournment,
present The Honorable John M Krum Judge; William
Milburn Esquire Sheriff and John Ruland Clerk.
Now at this day come the parties aforesaid by their respec-
tive Attorneys and thereupon the motion of the plaintiff to
set aside the verdict rendered herein and to grant a
new trial is by them submitted to the Court which being
seen & heard and the Court being sufficiently advised thereof doth order that said
motion be overruled.
Now at this day come the parties
aforesaid by their respective Attorneys
and thereupon all and singular
the premises pertaining to the demur-
rer of the defendants to the plaintiffs declaration herein is by them submitted to
the Court which being seen heard and fully understood, and it appearing to the
Court that said declaration and the matters therein contained in manner and
form as the same are therein set forth are sufficient in law to enable the plaintiff
to have and maintain his aforesaid action thereof against the said defendants it
is therefore ordered that said demurrer be overruled.
Now at this day come the said plaintiffs
and move the Court for leave to withdraw
their said exceptions to the defendants sev-
eral answers heretofore filed and reply to
the same which motion is granted and thereupon the said plaintiffs file a replication herein
Petition for Mandamus.
Now at this day come the parties aforesaid by their respective
Attorneys and thereupon all and singular the premises
pertaining to the petitioner of said plaintiff, the answer of
said defendant and the traverse to said answer are submitted to the Court which being
seen heard and fully understood it is ordered that the prayer of said petition be gran-
ted and that a peremptory mandamus issue commanding said defendant to grant to
the said plaintiff an execution on the judgment rendered before him on the
of January 1845cDonough against Andrew Cassady,
and it is further ordered that the said Patrick McDonough pay the costs and charges
herein expended and that execution issue therefor.
On motion of the plaintiff by his Attorney it is ordered
that a dedimus issue to the City of Montreal in the
province of Lower Canada to take the depositions of
witnesses to be read on the trial of this cause on behalf
of said plaintiff
Court adjourned until tomorrow morning at nine oclock.
Court met pursuant to adjournment, present
The Honorable John M Krum Judge, William Milburn
Esquire Sheriff and John Ruland Clerk.
William Milburn Esquire Sheriff of the County of St Louis acknowledges the
execution of a deed by him as Sheriff as aforesaid in favour of Cornelius D Sullivan
and Joseph L Papin of all the right title interest claim estate and property of
Felicite Motier of in and to the following described real estate to wit. A lot of ground
in the town of Carondelet one hundred and fifty feet front on Fourth street, by one
hundred and fifty feet deep more or less bounded north by lot of MS Cerre, and West
by common fields of the town of Carondelet, South by a street or alley and east by Fourth
street sold in virtue and by authority of an execution issued from the office of the Clerk
of the St Louis Circuit Court in favor of John Cromwell against the said Felicite
Motier
William Milburn Esquire Sheriff of the County of St Louis acknowledges the execu
tion of a deed by him as Sheriff as aforesaid in favor of Alexander Hamilton of
all the right title interest claim estate and property of Levi Jones of in and to the
following described real estate "A two story brick house situate and fronting on the
north side of Pine street between third and fourth streets, in block number eighty seven
The said Patrick Ryan this day files a bill of Exceptions herein.
The said Patrick Ryan this day files a bill of Exceptions herein.
The said plaintiff by her Attorney this day files a bill of ex-
ceptions herein.
On motion of the defendant by his Attorney it is or-
dered that a dedimus issue to the State of Pennsylva-
nia to take the depositions to be read on the trial of this
cause on behalf of said defendant.
The said defendant by his Attorney this day files a
bill of Exceptions herein.
Now at this day comes the plaintiff by his Attorney and files his
motion to set aside the judgment of nonsuit rendered in this
cause and affidavits in support of said motion and the same
is thereupon submitted to the Court which being seen heard
and fully understood it is ordered that said motion be sustained, and that the nonsuit
rendered in this cause be set aside on payment by the said plaintiff of the costs of the
term at which said nonsuit was taken.
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon the motion of
the said plaintiff to set aside the order of the Court
sustaining the demurrer of the defendant to the
first and second count of plaintiffs declaration herein
is submitted to the Court which motion being seen heard and fully understood it is ordered
that said motion be overruled and leave given to the said plaintiff to file an amended declaration herein.
The said garnishee by his Attorney this day
files an answer herein.
Now at this day comes the plaintiff by his Attorney, and
freely here in Court remits to the said defendants the sum of
Forty eight dollars and ten cents parcel of the damages
aforesaid by the jurors aforesaid in form aforesaid assessed
and prays judgment for the residue of those damages. Therefore
it is considered by the Court that the said sum be remitted to the said defendant, and
that the said plaintiff have execution for the sum of One hundred and forty six dollars
and fifty six cents being the balance of said judgment and for his costs and charges
by him about his suit in this behalf expended
larly to Victoria Queen of Great Britain and Ireland of whom he was heretofore a subject
therefore the said Patrick Loughlin is admitted a Citizen of the United States of America.
Assumpsit.
Now at this day comes the plaintiff by his Attorney, and the de-
fendant although demanded comes not but makes default
nor hath he pleaded to the action aforesaid, wherefore said
plaintiff ought to recover against him, but it being unknown to the Court what damage the
plaintiff has sustained by reason of the nonperformance of the premises and undertakings in
his declaration mentioned it is ordered that enquiry thereof be made at the next term of
this Court.
Assumpsit.
On motion of the defendant by his Attorney it is ordered
that a dedimus issue to the State of Massachusetts to take
the testimoney of witnesses to be read in the trial of this cause
on behalf of said defendant.
The said plaintiff by his Attorney this day files a replica-
tion to the plea of the defendant herein.
The said plaintiff by his Attorney this day files
by the defendants herein.
The said plaintiff by her Attorney this day files a motion
for an appeal herein to the Supreme Court, and an
affidavit in support of said motion.
Now at this day comes the plaintiff by her Attorney
and says that she will not further prosecute
her suit against the said defendants Augus-
tus H Evans, John O'Fallon, John Walsh
JB Brant, S. Willi, J.B Sarpy and Edward
Walsh, but voluntarily suffers the same to be dismissed as the them. It is therefore
considered by the Court that said plaintiff take nothing by her said suit as against
said defendants, but that they go thereof without day and recover of said plaintiff
their costs and charges in this behalf expended and have thereof execution, and
thereupon the said plaintiff by leave of Court files fourth and fifth additional counts
herein
Now at this day come the parties aforesaid by their
respective Attorneys and thereupon the motion made
herein on behalf of Edward Walsh to set aside the judg-
ment rendered in this cause for irregularity and to
quash the execution issued in said judgment is by them submitted to the Court which
being seen heard and fully understood it is ordered that said motion be overruled.
William Milburn Esquire Sheriff of the County of St Louis acknowledges the execution of a deed
by him as Sheriff as aforesaid to Henry M Juyder of the following described real estate to wit. A two
story pause building situated between the Belefontaie road and Broadway street on the west side
of Rocky Brauck, bounded on the north by property of Aydelott, west by property of Habb east by Rocky
brauch, and south by Habb and Law. "sold by authority of a special wit of fieri facias on Lieu issued
from the office of the Clerk of the St Louis Circuit Court to the November Ten 1845 of said Court in favor
of Charles P Ford against Singleton W Wilson.
The defendants by their attorney this day file a plea herein
The defendant by his attorney this day files form pleas herein.
The garnishee by his attorney this day files an
answer to the alligations and interogatories ex-
hibited against him
The defendant by his attorney this day files a motion for a bill of the
particulars of the demand on which this action is founded.
The defendant by his attorney this day files a plea herein
On motion of the defendant by its attorney leave is given it to
file a joinder in error herein, which is thereupon done.
The defendants by their attorney this day file for pleas
herein
The defendants by their attorney this day file five pleas
herein
The defendant and appellant by his attorney this day files a motion to
dismissed this cause for reasons filed.
The defendant by his attorney this day files a plea herein
The defendant by his attorney this day files five pleas herein.
Court met pursuant to adjournment present
The Honorable John M Krum Judge William Milburn
Esquire Sheriff and John Ruland Clerk.
Cause Continued on application of plaintiff as on affidavit
Agreement of Counsel filed.
Suit for freedom.
Now at this day come the parties aforesaid by their respective
Attorneys, and thereupon comes also a Jury to wit. Adam
S Kennedy, Frederick Latresse, Edward Latresse,
Charles Klunk, John Kendler, Patrick Keating, J.B. Lebeau, Joseph Labarge, Lenas Leinhard, Joseph Klein, Joseph Sullivan, and William
Soop twelve good and lawful men who being duly elected tried and sworn the issue within joined
between the parties aforesaid well and truly up to try, upon their oaths aforesaid say that the said
defendants are not guilty of the supposed trespasses above laid to their charge, or any part thereof
in manner and form as the said plaintiff hath above thereof complained against them. It is there-
fore considered by the Court that the said plaintiff take nothing by her said suit but that the defen-
dants go thereof without day.
Case.
Now at this day comes the plaintiff by his Attorney
and says that he will not further prosecute his
suit in this behalf but voluntarily suffers the
same to be dismissed at his costs, but It is therefore considered by the Court that the said plain-
tiff take nothing by his said suit, but that the defendant go thereof without day, and recover of
said plaintiff their costs and charges in this behalf expended and have thereof execution.
Cause Continued to the next term of the Court
to abide the decision of the suit of Thomas J Homer
against the same defendants.
Cause Continued.
Interpleader
Now at this day come
aforesaid also return into Court here, and upon their
oaths aforesaid do say as to the issue within joined
between said parties, that the said property claimed
by the interpleader, and attached in this cause, and
every parcel thereof, was the property of the said interpleader, at the time the same was levied
upon under the attachment sued out, by the said plaintiff, and that the same still is the
property of the said interpleader in manner and form as he has in interpleading alleged
It is therefore considered by the Court that the said plaintiff take nothing by his attach-
Appeal from Justice
Now at this day come the parties aforesaid by their respective attornies,
and thereupon by agreement this care is dismissed at the costs of the defendant. It is there=
fore considered by the Court that the plaintiff go thereof without day, and recover against
the defendant his costs and charges in this behalf expended, and have thereof execution.
John F Bosercker a native of Saxony who applies to be admitted a Citizen of the
United States comes and proves to the satisfaction of the Court that he has resided in
the United States at least five years, and in the State of Missouri at least one year
immediately preceding this application, during which time he has conducted him
self as a man of good moral character, attached to the principles of the Constitution
of the United States and well disposed to the good order and happiness of the same
and the Court moreover being satisfied that said applicant has taken the preparatory
steps required by the laws of the United States, concerning the naturalization of foreign=
ers, and the declaring here in open Court upon oath that he will support the Constitu=
tion of the United Sates, and that he doeth entirely and absolutely renounce and abjure
forever all allegiance and fidelity to every foreign power prince State and Sovereignty what=
soever and particularly to the King of Saxony of whom he was heretofore a subject, therefore
the said John F Borsercker is admitted a Citizen of the United States of America.
The plaintiff by his Attorney this day files a simititer to the
first plea and a replication to the second plea filed by the defendant herein.
On Petition for
Now at this day comes John M Jamison Jailor of the county of St. Louis, and returns into Court here the body
of the said petitioner
thereupon the said petitioner by his attorney moves the Court to be discharged from
his custody under said return and thereuopon all and singular the premises are sub=
mitted to the Court which being seen heard and fully understood the Court doth
order that said petitioner be released from the custody of said Jailor and recover his costs and charges in this behalf expended and have thereof execution.
The plaintiff by his attorney this day files a motion to
reconsider the allowance of fee made to John F Daily
as Counsel herein and Thomas P Green attorney for the
said plaintiff files a motion for allowance of counsel fee
for services rendered by him herein.
Now at this day come the petitioners by their
attorney and file their petition herein pray=
ing for the appointment of Joseph S Wilkinson
as their next friend for the purpose of perpetuating
certain testimony and also the consent of said
Joseph S Wilkinson to act as such next friend and thereupon the premises being sub=
mitted to the Court, the Court doth order that said Wilkinson be appointed guardian for said infants for the purposes aforesaid.
Court adjourned until the 4th monday of October next at ten oclock.
The plaintiff by her Attorney this day files a motion to
set aside the verdict rendered by the Jury in this cause
and to grant a new trial for reasons filed.
The defendants by their Attorney this day file a plea herein.
Cuase Continued by consent.
The siad garnishee Franklin Raborg by his Attorney
this day files his answer to the allegation and in-
terrogatives exhibited against him.
On plea in abatement.
Now at this day come again the parties aforesaid by their respective
Attorneys, and the Jurors aforesaid also return into Court here
and upon their oaths aforesaid do say that the said defendant at the
time of the filing of the said affidavit was about to remove his property and effects out of the State so
as to delay hinder and defraud his creditors, and that he had at the time of the filing of the said affi-
davit fraudulently conveyed assigned removed concealed and disposed of his property and effects
so as to hinder and delay his creditors.
dant take nothing by his said plea in abatement, but that the said plaintiff recover of the said
defendant his said damages in his said declaration mentioned, but because the said damages
of the said plaintiff in his declaration mentioned are unknown to the Court, it is ordered that enquiry
thereof be made at the present term of the Court.
The defendant by his Attorney this day files a motion for a new trial herein.
Charles D Drake Attorney of records for the above named William
O Marvin this day files a motion for an order on the Sheriff tof
St Louis County to pay him out of the money collected by him on exe-
cution in said cause, the sum of Three hundred Dollars being the
amount due to said Drake for his services as Attorney in this cause
On motion of Attorney for the plaintiff, the
Sheriff of Marion County having the writ
issued in this cause not executed, for the
reason of no session of the Circuit Court
of that County, it is ordered that a venditioni exponas issue to said Sherrif commanding
him to sell the property levied upon by him according to law.
Inventory of Estate filed.
Now at this day comes the Petitioner by his Attorney, and
files his petition herein, and on motion it is ordered that a
writ of Habeas Corpus issue to James S Daugherty and Louis DuBreuil commanding them to have the body of the said pe-
tioner before this Court forthwith together with their authority for detaining the same in their custody
to abide the order of the Court in the premises.