Order of Publication. The Sheriff having made that the said defendant, against whom process issued in this cause, cannot be found, and the Court, being satisfied that process cannot be served upon said defendant, It is ordered by the Court, on motion of said plaintiff by his attorney, that said defendant be notified by publication of this order according to law, that said plaintiff has instituted suit in Saint Louis Circuit Court, the object of which is to obtain Judgment for the sum of six hundred and fifty dollars, and that unless he be and appear at the next term of this Court, to be begun and held at the City of Saint Louis, on the fourth Monday of October next on or before the sixth day of said term answer the petition of said plaintiff, the same will be taken against said defendant as confessed.

Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendant although duly summoned and called comes not but makes default, Wherefore on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant, as confessed: and the said plaintiff, waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing, upon which this action is founded, that said defendant is indebted to said plaintiff in the sum of Three hundred and fifty eight dollarsand sixty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as found and his costs and charges herein expended, and that execution issue therefor.

Dismissal. On motion of said plaintiff by his attorney, it is ordered by the Court, that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.

Answer filed.

Agreement for time to plead filed.

Interpleas filed

Answer and exhibit filed.

Demurer filed

Answer filed.

Demurer filed.

Motion to strike out parts of petition filed.

Answer filed.

Continued by consent.

Motion for review, re-hearing and new trial filed

Demurer filed.

Stipulations filed

Stipulations filed.

Stipulations filed

Allegations and interrogatories filed.

Demurer filed.

Default. Judgment. Now at this day comes the said plaintiff, by its attorney, but the said defendants although duly called and summoned come not but make default; wherefore on motion of said plaintiff by its attorney, it is ordered by the Court that the petition of the said plaintiff be taken against said defendants as confessed; and the said plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendants are indebted to said plaintiff in the sum of Two hundred and ninteen dollars and forty five cents. It is therefore considered and adjudged by the court, that said plaintiff recover of said defendant, the sum aforesaid in form aforesaid as found and his costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant although duly summoned and called come not but make default, Wherefor on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of the said plaintiff be taken against said defendant as confessed; and the said plaintiffs waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendant is indebted to said plaintiff in the sum of Four hundred forty eight dollars and forty one cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid, as found, and their costs and charges herein expended and that execution issue therefor.

Default. Now at this day comes the said plaintiff by his attorney, and the said defendant, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed, and the cause is set for the forth week of this term, forth assessment of damages.

Now at this day come the said plaintiff by his attorney, and on motion of said plaintiff, it is ordered by the Court that the continuance heretofore granted herein be set aside, and that this cause be set for the fourth week of this term.

Default. Now at this day comes the said plaintiff by her attorney, and the said defendant, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by her attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed.

Default. Now at this day come the said plaintiffs by their attorney but the said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed, and his cause is set for the fourth week of this term, for the assessment of damages.

Default. Judgment. Now at this day come the said plaintiffs by their attorney and dismiss this cause as to David Beakey, but the said John Beakey and William Haslett, although duly summoned and called come not but make default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendants as confessed; and the said plaintiffs by their attorney waiving a jury submits his cause to the Court, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted, to said plaintiff in the sum of Three hundred and fifteen dollars and thirty five cents. It is therefore, considered and adjudged by the Court, that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found, and their costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendants, although duly summoned and called come not but makes default, wherefore on motion of said plaintiffs by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against the said defendant as confessed; and the said plaintiff by his attorney, waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendants are indebted to said plaintiff in the sum of six hundred and twenty one dollars and twenty one cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendants the sum aforesaid, in form aforesaid as found, and their costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against the said defendant as confessed; and the said plaintiff, by his attorney, waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants is indebted to said plaintiff in the sum of One hundred and ninety dollars and thirty three cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendants the sum aforesaid, in form aforesaid, as found and their costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day comes the said plaintiff by his attorney, and the said defendants although duly summoned and called comes not but makes default wherefore, on motion of said plaintiff, by his attorney it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed: and the said plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendants are indebted to said plaintiff in the sum of seven hundred and thirty six dollars and thirty six cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day come the said plaintiff, by their attorney, but the said defendants although duly summoned and called come not but make default, wherefore, on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendants as confessed; and the said plaintiffs waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendants are indebted to said plaintiffs in the sum of One hundred and eighty six dollars and ten cents. It is therefore considered and adjudged by the Court that the said plaintiffs recover of said defendants the own aforesaid in form aforesaid, as found and its costs and charges herein expended and that execution issue therefor.

Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendants as confessed; and the said plaintiffs waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that the said defendant is indebted to said plaintiff in the sum of Seven hundred and ninety six dollars. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.

Motion to strike out answer and for Judgment filed.

Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendant, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by its attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendants as confessed and the said plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that the said defendants is indebted to said plaintiff in the sum of three hundred and ninety-five dollars and seventeen cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day comes the said plaintiff by his attorney and dismisses as to George Bauman but the said defendant Nathaniel Childs jr although duly notified and called comes not but makes default, wherefore on motion of said plaintiff it is ordered by the Court, that the petition of the said plaintiff be taken against said defendants as confessed; and the said plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendants are indebted to said plaintiff in the sum of Two hundred and nine dollars and five cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and his costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day comes the said plaintiff by his attorney, by the said defendant although duly notified and called comes not but makes default, wherefore on motion of said plaintiff, it is ordered by the Court, that the petition of the said plaintiff, be taken against said defendant as confessed, and the said plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendant is indebted to said plaintiff in the sum of Fifteen hundred and sixty one dollars and fifteen cents. It is therefore considered by the Court, that the said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day comes the said plaintiff by his attorney, by the said defendant although duly summoned and called comes not, but makes default, wherefore on motion of said plaintiff by his attorney it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed, and the said plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Two hundred and Twenty one dollars and fifty one cents. It is therefore considered and adjudged by the Court, that the said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.

Dismissal. On motion of said plaintiffs by their attorney it is ordered by the Court that this cause be dismissed at the costs of the plaintiffs and that execution issue therefor.

Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendant, although duly summoned and called comes not but makes default, wherefore, on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed: and the said plaintiff waiving a Jury, submits this cause to the court, and the court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that the said defendant is indebted to said plaintiff in the sum of Five hundred and fifty seven dollars and seventy cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant, the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of said plaintiffs be taken against said defendant as confessed: and the said plaintiffs waiving a Jury submit this cause to the court, and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded, that said defendant is indebted to said plaintiff in the sum of One hundred and ninety two dollars and thirty five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the said plaintiffs waiving a Jury submit this cause to the court, and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded, that he said defendant is indebted to said plaintiffs in the sum of Two hundred and twenty five dollars and thirty three cents. It is therefore ordered by the Court, that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid as found, and their costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day comes the said plaintiffs by his attorney but the said defendant, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed, and the said plaintiff waiving a Jury, submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiff in the sum of Two thousand Two hundred and sixty eight dollars. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day comes the said plaintiff, by his attorney, but the said defendant, although duly summoned and called comes not but makes default, wherefore, on motion of said plaintiff by his attorney. It is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed: and the said plaintiff waiving a Jury submits this cause to the court, and the court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiff in the sum of One hundred and seventy-five dollars and twenty cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.

Rule to Show Cause. Upon reading the affidavit of the said Henry Brown, and upon hearing the attorneys of the said parties, It is ordered that he said Nelson do show cause to this Court, on Saturday next, the twenty-eight instant, why the sale and conveyance to him by John M. Wimce late Sheriff of the County of Saint Louis, of the lands in the said affidavit mentioned, shall not be set aside and annulled.

Default. Now at this day comes the said plaintiff, by her attorney, but the said defendant, although duly notified and called comes not but makes default, wherefore on motion of said plaintiff by her attorney it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed.

Default. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of said plaintiffs be taken against said defendant as confessed, and that this cause be set for the fourth week, for the assessment of damages.

On motion of said defendant, by its attorney, leave is given said defendant, to file an answer herein within ten days.

Continued as on affidavit at the costs of the said plaintiffs.

Answer filed.

Stricken from the Docket.

Stricken from the Docket.

Stricken from the Docket.

The Court having duly heard and considered the motion of the said plaintiffs, to appoint a guardian ad litem, and being thereof fully advised doth ordered that motion be overruled, for want of Jurisdiction, this cause is dismissed.

Answer and off-set filed. Application to set aside default, with affidavit. filed.

On motion of plaintiff, by its attorney, leave was given to withdraw the note on which this action is founded.

Default. Now at this day comes the said plaintiffs by his attorney, but the defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendant as confessed.

The Court having duly heard and considered the motion of said defendant, to set aside Judgment, and grant a new trial, and being thereof fully advised, doth order that said motion be overruled.

The Court having duly heard and considered the Demurrer of the said defendant and being thereof fully advise, doth order that said Demurrer be overruled. Leave to file answer in two days. Answer filed.

On motion of plaintiff by his attorney, it is ordered by the Court, that the alias summoned heretofore ordered herein, be set aside and an order of publication be made.

Order of Publication. The Sheriff having made return that the said defendants, against whom process issued in this cause, cannot be found, and the Court, being satisfied that process cannot be served upon then, on motion of said plaintiff by his attorney it is ordered by the Court, that said defendants be notified, by publication, of this order according to law, that said plaintiff has instituted, an action, on attachment in the Saint Louis Circuit Court, the object of which is to obtain a Judgment for the sum of Three hundred and forty-five dollars, against them, and that the goods or effects of the said defendants have been garnished in the hands of H. S. Hamilton, and that unless they be and appear at the next term of this Court, to be begun and held in the City of Saint Louis, on the fourth Monday of October next, on or before the sixth day of said term. Answer the action of said plaintiff, the same will be taken against the said defendants as confessed.

The Court having duly heard and considered the motion of said plaintiff, by his attorney, for Judgment on answer, and being thereof fully advised, doth order that, motion be overruled.

The Court having duly heard and considered the Demurrer of said defendant, and being thereof fully advised doth order that said Demurrer be overruled. Leave to plaintiff to amend in ten days, thereupon the said plaintiff, by his attorney, amends instanter, by interlining the words," the interest payable in store goods," after the words "per cent per annum," in the fifth line of plaintiff's petition. Six days time given defendant to answer.

The Court having duly heard and considered the motion of said defendants to set aside non-suit, and being thereof fully advised doth order that said motion be overruled.

The Court having duly heard and considered the Demurrer of the said defendant, by her attorney, and being thereof fully advised doth order that said motion be overruled. Leave to defendant to file her answer within ten days.

Judgment. Now at this day come the parties aforesaid by their respective attorneys, and thereupon come a jury, to-wit: J. S. Bailey, William Blackmore, William Bacon, Thomas Gardner, Z. J. Simmons, John Gallaher, John Vaughn, David Shepperd, D. Cordes, Mark Samuel, A. Cook and Elijah Corbit, who being duly elected, tried and sworn the matters in controversy will and truly to try, the trial of the cause, having been concluded, the Jurors aforesaid upon their oaths aforesaid do find for the plaintiffs in the sum of Four hundred and twelve dollars and sixty seven cents. It is therefore considered by the Court, that the said plaintiffs recover of said defendant, and Francis Watkins, principal, and Richard H. Cole security on the bond for the release of said defendant, the sum aforesaid, in form aforesaid as found, and their costs and charges herein expended, and that execution issue therefor.

Judgment. The Court having duly heard and considered the motion of said plaintiff, by his attorney, for Judgment on answer, and being thereof fully advised, doth order that said motion be sustained, and the said plaintiff, waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiff in the sum of Five hundred and sixty seven dollars and eighty five cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor.

The Court having duly heard and considered the Demurrer of the said defendant, by his attorney, and being thereof fully advised, doth order that said Demurrer, as to the fifth specification, be sustained, and as to all other specifications, doth order that said Demurrer be overruled. Ten days time given to amend plaintiff's petition.

The Court having duly heard and considered the Demurrer of the said defendants, by their attorney, and being thereof fully advised, doth order that said Demurrer be sustained. Leave to plaintiff to amend petition in ten days, and it is ordered that a copy of the amended petition be served on the defendants.

Default. Now at this day come the said plaintiff, by her attorney, but the said defendant, although duly notified by publication, the proof of which is this day filed, and called comes not but makes default, wherefore on motion of said plaintiff by her attorney, it is ordered by the Court that the petition of the said plaintiffs be taken against said defendant as confessed, and cause continued.

On motion of plaintiff, by his attorney, leave is given said plaintiff, to file replication to offset within ten days.

Order of Publication. The Sheriff having made return that the said defendant against whom process issued in this cause, cannot be found, and the Court being satisfied that process cannot be served. It is, on motion of said plaintiffs ordered by the Court, that said defendant be notified, by the publication of this order, according to law, that said plaintiffs has instituted an action on attachment, in the Saint Louis Circuit Court, the object of which is to obtain a Judgment against the said defendant for the sum of Three hundred and forty five dollars and eighty cents, and that his property has been attached to satisfy the demand of the plaintiffs and that unless he be and appear, at the next term of this Court, to be begun and held in the City of Saint Louis, on the fourth Monday of October next, and on or before the sixth day of said term, answer the action of said plaintiff the same will be taken against said defendant as confessed.

On motion of plaintiff by his attorney, it is ordered by the Court, that an alias writ of summons issue herein, returnable to the next term of this Court.

On motion of said plaintiff by his attorney, it is ordered by the Court, that an alias writ of summons issue herein, returnable to the next term of this Court.

Demurrer filed, and motion for security for costs filed.

Continued on affidavit of plaintiffs, on account of the absence of Duncan Fleak at their costs.

Motion to strike out answer and for Judgment filed.

Replication to offset filed.

Bill of Exceptions filed.

Answer filed.

Answer filed.

The Court having duly heard and considered the demurrer of the said defendants by their attorney, and being thereof fully advised, doth order that said Demurrer be sustained. Leave given to amend plaintiff's petition within ten days so as to set forth and put in issue the character of the trust, mentioned in the petition.

Default. Judgment. Now at this day comes the said plaintiff, by his attorney, but the said defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against the said defendant as confessed; and the said plaintiff waiving a Jury, submits this cause to the court, and the court having duly heard and considered the same, and being thereof advised, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiff in the sum of One hundred and eighty dollars and sixty cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said Edwin A. Sheble and Charles K. Dickson, sureties on a bond for the release of the defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.

It is ordered by the Court, that Judgment by default, entered herein on this day be and the same is hereby set aside.

Proof of publication filed, and it is ordered by the Court, that Judgment by default entered herein on this day, be and the same is hereby set aside, Demurrer to plaintiff's petition having been filed.

Judgment. Now at this day come the said parties, by their respective attorneys, and waiving a Jury submit, this cause to the Court, upon the pleadings, exhibits and proofs. And the Court having duly heard and considered the same, doth find from such proofs that said defendant is indebted to said plaintiff in the sum of Three hundred and ninety-two dollars and sixty-three cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor. Finding of the Court filed.

Judgment. Now at this day comes the said plaintiff by his attorneys, but defendant not appearing, and thereupon come a Jury to-wit: David Shepperd, John Warren, William M. Martin, J. S. Bailey, William Bacon, Thomas Gardner, Z. J. Simmons, John Gallaher, John Vaughn, Elijah Grant, D. Cordes and John Regan, twelve good and lawful men who being duly elected tried and sworn the matters in controversy will and truly to try, the trial of the cause having been concluded, the Jurors aforesaid, upon their oaths aforesaid, find for the plaintiff, and assess his damages at the sum of Eleven hundred dollars. It is therefore considered and adjudged by the Court, that the said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as found, and his costs and charges herein expended and that execution issue therefor.

Dismissal. On motion of plaintiff, by his attorney, it is ordered by the Court, that this cause be dismissed at the costs of the plaintiff, and that execution be issued therefor.

Motion for Judgment against Couran filed.

Motion to strike out certain portions of defendant's answer.

The assignee files his bond herein, which is approved by the Court.

Traverse of garnishee's answer filed.

Continued as on affidavit, at the costs of the plaintiff.

Default. Now at this day come the said plaintiff, by her attorney, but the defendant, although duly notified by publication, the proof of which is this day filed, comes not but makes default, wherefore on motion of said plaintiff, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed, and this cause is continued until the next term for final hearing.

Continued as on affidavit at plaintiffs costs.

Continued as on affidavit at defendants costs.

Continued as on affidavit at defendants costs.

Answer and denial of interplead of Franklin A. Hunt, filed

Answer and denial of interplea of Franklin A. Hunt filed.

Now at this day comes, the said interpleaders by their attorney, and enters full and entire satisfaction of the Judgment rendered herein.

Default. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called come not but makes default wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of said plaintiffs be taken against said defendant as confessed, and that this cause be set for the fourth week of this term, for the assessment of damages.

Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called, comes not but make default, wherefore on motion of said plaintiffs, by their attorney it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendant as confesses, and the said plaintiffs waiving a Jury submit this cause to the Court, and the Court, having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiffs in the sum of Thirteen hundred and seventy three dollars and twenty-two cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called, comes not but make default, wherefore on motion of said plaintiffs, by their attorney, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendant as confesses: and the said plaintiffs waiving a Jury submit this cause to the Court, and the Court, having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiffs in the sum of Two hundred and eighty dollars and fifty cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.

Plaintiff having failed to amend his petition, within the time hereof ore allowed for that purpose, and still declining further to amend, It is on motion of the defendant by his attorney, ordered by the Court that said plaintiff take nothing by his said suit in this behalf, and that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended and that execution issue therefore.

The Court having duly heard and considered the demurrer of the said defendant by his attorney, and being thereof fully advised, doth order that the said demurrer as to the second and third specification be sustained, and as to the first specification, doth order that the same be overruled, and that ten days time be given to amend the plaintiff's petition.

The Court having duly heard and considered the motion of said defendant, by his attorney, and being thereof fully advised, doth order that said motion be sustained.

The Court having duly heard and considered, the motion of the said defendant, by his attorney, for security for costs, and being thereof fully advised doth order that said motion be sustained, and that the said plaintiff have thirty days in which to file the same, and that unless filed within said time, this cause do stand dismissed.

The Court having duly heard and considered the motion of the said plaintiff, by his attorney to strike out certain portions of defendant's answer, and being thereof fully advised, doth order that said motion be overruled.

The Court having duly heard and considered the motion of the said defendants by their attorney to set aside Judgment and for new trial, and being thereof fully advised, doth order, that said motion be overruled.

No service having been made in this cause, it is stricken from the Docket.

Motion to set aside Judgment and affidavits filed.

Amended answer filed.

Demurrer to plaintiff's petition withdrawn.

Plaintiff, having failed to amend his petition, within the time heretofore allowed, for that purpose, and still delining further to amend, The Court, on motion of the defendant doth proceed to enter final Judgment on the Demurrer to plaintiff's petition; and it appearing to the Court, that the plaintiff's petition, and the matters therein contained are not sufficient in law for the said plaintiff to have and maintain his aforesaid action, against the said defendant ; It is therefore considered by the Court, that said plaintiff take nothing by his said suit in this behalf, and that said defendant go hence without day arid recover of said plaintiff his costs and charges herein expended and that execution issue therefor.

The Court having duly heard and considered the motion of the said defendants, by their attorney, to set aside Judgment and for a new trial, and being thereof fully advised doth order that said motion be sustained, upon the following terms, the said plaintiff is to pay the costs of his term, on or before the day of trial and the cause to be tried at the present term, and set for trial at the foot of the Docket for Wednesday May second, eighteen hundred and fifty-five.

The Court having duly heard and considered the Demurrer of said defendant, by his attorney, and being thereof fully advised doth order that said Demurrer, as to the first and second specification, be sustained, and as to the third specification, be overruled, and that the said plaintiff have ten day's time to amend his petition.

The Court having duly heard and considered the Demurrer of said defendant, by his attorney and being thereof fully advised, doth order that said Demurrer to sustained, and that the said plaintiff have ten day's time to amend his petition.

The Court having duly heard and considered the motion of said defendants, by security for costs, and being thereof fully advised, doth order that said motion be sustained, and that the said plaintiffs have thirty day's time to file the same. Security filed.

Default. Now at this day comes the said plaintiff, by his attorney, but the said defendant, although duly notified by publication, the proof which is this day filed comes not but makes default, wherefore on motion of said plaintiff, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed, and that this cause be continued until the next term of this Court for find hearing.

The Court having duly heard and considered the motion of said plaintiff, by his attorney, for leave to issue execution, and being thereof fully advised, doth order that said motion be sustained.

The Court having duly heard and considered the motion of said defendants, for a review re-hearing, and new trial and being thereof fully advised doth order that said motion be overruled.

The Court having duly heard and considered the motion of said plaintiffs, to strike out answer, and for Judgment, and being thereof fully advised, doth order that said motion be sustained.

Motion to strike out parts of defendant's answer filed.

Motion to strike out answer filed.

Motion to strike out answer filed.

Motion to strike out parts of defendant's answer filed.

Answer filed.

Answer filed.

The Plaintiff, by his attorney, asking leave to amend petition, it is granted by the Court, and amendment accordingly made, and thereupon, The Court having duly heard and considered the motion of said defendants, by their attorney, to strike out parts of petition, and being thereof fully advised, doth order that the same to overruled.

The Court having duly heard and considered the motion of said defendant, by its attorney to quash the return of the Sheriff, and being thereof fully advised, doth order that said motion be sustained.

The Court having duly heard and considered the Demurrer of said defendant by his attorney, and being thereof fully satisfied doth order that said Demurrer be overruled, and that said defendant have two days in which to file an answer.

On motion of plaintiffs by their attorney, leave having is given to withdrawn the Bill of Exchange and protest herein, it is ordered by the Court, that a Dedimus issue herein to the state of New York on the part of the Plaintiffs.

On motion of plaintiff by her attorney, it is ordered by the Court, that an alias writ of summons issue herein returnable to the next term of their Court.

On motion of said defendant by his attorney, it is ordered by the Court, that a Dedimus issue herein to the state of Iowa, on the part of the said defendant.

Answer and offset filed. Replication filed.

Answer to amended petition filed.

The Court having duly heard and considered the Demurrer of said defendants, by their attorneys, It is ordered by the Court, that said Demurrer be sustained.

Divorce. Judgment. Now at this day come the said parties by their respective attorneys and thereupon come a Jurry to-wit: J. S. Sally, William S. Jackson, Benjamin Sebaline, R. B. Davis, Edward Wallace, Benjamin F. Buchaman, George Gosnell, J. S. Kohler, Samuel Johnson, J. W. Pate, J. M. M'Henry and Elijah Corbett, twelve good and lawful men, who being duly elected tried and sworn the matters in controversy will and truly to try, the trial of the cause having been concluded, the Jurors aforesaid, upon their oaths aforesaid, do find for the plaintiff is an innocent and in-jured party. It is therefore, ordered, adjudged and decreed, by the Court, that the said plaintiff be absolutely and forever divorced from the bonds of matrimony by him contracted with the said defendant and that he be restored to all the nights and privileges of an unmarried person. It is further ordered by the Court that the said plaintiff, pay the costs of this proceeding, and execution issue therefor.

Default. Judgment. Now at this day comes the said plaintiffs by his attorney and dismisses this cause as to Jonathan R. Stewart and Thomas Stewart, but the said Thomas G. Stewart, although duly summoned and called comes not but makes default, wherefore, on motion of said plaintiffs by his attorney, it is ordered by the Court, that the petition of the said plaintiff, be taken against said defendants as confessed: and the said plaintiffs waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find the instrument of writing, on which this action is founded, that the said defendant is indebted to said plaintiffs in the sum of One hundred and forty one dollars and eighty seven cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendants the sum aforesaid in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day come the said plaintiffs, by their attorney and dismiss as to the said Narcissa Pensenean, but the said Edward Pensenean, although, duly summoned and called comes not but makes default, Wherefore on motion of said plaintiffs, by their attorney It is ordered by the Court, that the petition of the said plaintiffs, be taken against said defendant's as confessed: and the said plaintiffs waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendants are indebted to said plaintiffs in the sum of Six hundred and fifty one dollars and Sixty two cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid in form aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day come the said plaintiffs by their attorney and but the said defendant, duly summoned and called comes not but makes default, wherefore, on motion of said plaintiffs by their attorney it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendants as confessed, and the said plaintiffs waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same doth find from the petition, exhibits and proofs, for the plaintiffs and assess the damages by them sustained reason of the non-performance of the promises by the said defendant made, at the sum of Three thousand three hundred and forty-nine dollars and fifty cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid in form aforesaid, as found and their costs and charges herein expended, and that execution issue therefor.

Default. Now at this day come the said plaintiffs by their attorney but the said defendant William Haslett, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney It is ordered by the Court, that the petition of the said plaintiffs be taken against said defendant as confessed and this cause is ordered to be placed in the fourth week for the assessment of damages.

Default. Now at this day come the said plaintiffs by their attorney but the said defendant William Haslett, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, It is ordered by the Court, that the petition of the said plaintiffs be taken against said defendant as confessed and state this cause is ordered to be placed in the fourth week for the assessment of damages.

On motion of said defendant, by his attorney, twenty days is given him in which to file an answer.

Dismissal. On motion of said plaintiff, by his attorney it is ordered by the Court this cause be dismissed at the costs of the plaintiff.

On motion of plaintiff, by his attorney, it is ordered by the Court that an alias writ of summons issue herein, returnable to the next term of this Court.

Motion to strike out answer and for Judgment filed.

On motion of said defendant, by his attorney, four day's additional time is given him, in which to file an answer.

Reply to defendant's offset and answer to plaintiff's amended petition filed.

No service having been made, this cause is stricken from the docket.

Answer to rule filed.

Answer filed.

Amend petition filed.

Continued by consent.

Continued as on affidavit, at defendant's costs.

Judgment. Now at this day come the said plaintiffs by their attorney, defendant not appearing, and thereupon come as Jury, to wit:- J. S. Sally, William S. Jackson, Benjamin Sebalin, R. B. Davis, Edwards Wallace, J. W. Granger, Coollman Nutt J. W. Frakes, A. Jeenhour, S. F. Hastings, Robert Gibson and Jere. Dailey, twelve good and lawful men who being duly elected tried and sworn, the matters in controversy will and truly to try, the trial of the cause having been concluded, the Jurors aforesaid upon their oaths aforesaid, defind for the plaintiffs, and assess the damages by them sustained by reason of the premises in their petition mentioned, at the sum of Thirty seven hundred and nine dollars and twenty eight cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendants, the sum aforesaid, in form, aforesaid as found, and their costs and charges herein expended, and that executive issue therefor.

Now suit. Not at this day come the parties aforesaid, by their respective attorneys, and thereupon come a Jury, to wit: J. S. Sally, William S. Jackson, Benjamin Labelin, R. B. Davis, Edward Wallace, J. W. Granger, Collman Nutt, J. W. Frakes, A. Jeenhow S. J. Hastings, Robert Gibson and Jere. Dailey, twelve good and lawful men who being duly elected tried and sworn, the matters in controversy will and truly to try, the trial of the cause having been concluded the plaintiff by his attorney, says he will not further prosecute his said suit, but suffer a voluntary nonsuit, and mores the Court for leave to move to set the same aside, which is granted. It is therefore considered by the Court, that said plaintiff take nothing by his said suit in this behalf, and that said defendants go hence without day, and recover of said plaintiff their costs and charges herein expended, and have execution therefor.

Now Suit. Now at this day this day this cause being called for trial, and neither party appearing, it is ordered by the Court, that the said plaintiff be non suited. It is therefore considered by the Court, that said plaintiff take nothing by its said suit in this behalf, and that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended, and that execution issue therefor.

Now Suit. Now at this day, this cause coming on for trial and neither party appearing it is ordered by the Court, that the said plaintiff be non-suited. It is therefore considered by the Court, that said plaintiff take nothing by his said suit in this behalf, and that said defendants go hence without day and recover of said plaintiff his costs and charges herein expended, and that execution issue therefor.

Default. Now at this day come the said plaintiffs by their attorney, but the said defendant William P. Fisher although duly summoned and called comes not but makes default, Wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendants as confessed: and on motion of said plaintiffs by their attorneys, it is ordered by the Court, but an alias Summons issue herein, for George T. Bacon, returnable to the next of this Court.

Dismissal. Now at this day this cause being called for hearing and neither party appearing, it is ordered by the Court that said Garnishees be discharged at the costs of the said plaintiffs, and that execution issue therefor.

The Court having duly heard the demurrer of the said defendant to the said plaintiff's petition, and being thereof fully advised, doth order that said Demurrer, be overruled, and that said defendant have ten days in which to file his answer.

The Court having duly heard and considered the objections to the Report of the Commissioner, and motion to refer the same back, and being thereof fully advised, doth order that said objections and motion be overruled.

The Court having duly heard and considered the motion of said plaintiff, by his attorney, to strike out answer and parts of answer, and being thereof fully advised, doth order that said motion be overruled, and that the said plaintiff have leave to amend his petition during the present term.

The Court having duly heard and considered the motion of said plaintiff buys attorney, to strike out answer of Couran and for Judgment, and being thereof fully advised, doth order that said answer be stricken out, and that the said Couran have leave to file answer within two days, and that the said plaintiff have leave to amend his petition, in the Christian name of the defendant La Beaume.

The Court having duly heard and considered the demurrer of the said defendants, to the petition of the said plaintiff, and being, thereof fully advised, doth order that said demurrer be sustained and that said plaintiff have leave to file an amended petition during the present term.

No service having been made, it is ordered by the Court, that this cause be stricken from the Docket.

The Court having duly heard and considered the motion of said defendant to set aside Judgment, and being thereof fully advised doth order that said motion be overruled. Motion in arrest filed.

The defendant in this cause, enters his appearance in this action.

On motion of the said plaintiffs by their attorney, it is ordered by the Court, that an alias writ of Summons issue herein, returnable to the next term of this Court.

On motion of the said plaintiff, by its attorney, it is ordered by the Court that an alias writ of Summons issue herein, returnable to the next term of this Court, to bring in the said defendant George Trowbridge, and cause continued.

Motion to strike out answer and for Judgment filed.

Answer filed.

Answer filed.

Continued by consent.

Default. Now at this day comes the said plaintiff, but his attorney but the said defendant Joseph McEntire, although duly summoned and called comes not but makes default, Wherefore on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against the said defendant Joseph McEntire as confessed; and on motion of said plaintiff, it is ordered by the Court, that an alias suit of summons issue as to the said defendant Alhambra Reeder, returnable to the next term of this Court.

Default. Now at this day comes the said plaintiff by his attorney, but the said defendant, although duly summoned and called comes not, but makes default, Wherefore on motion of said plaintiff, by his attorney it is ordered by the Court that the petition of the said plaintiff be taken against said defendant as confessed; and that this cause be placed on the fourth week docket for assessment of damages.

Default. Now at this day comes the said plaintiff by her attorney, but the said defendant, although duly notified and called comes not but makes default, Wherefore on motion of said plaintiff, by at her attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against him as confessed and that this cause be placed on the fourth week docket for hearing.

Motion for Judgment on answer filed.

On motion of said plaintiff by their attorney, ten days time is given in which to file an amended petition.

On motion of said defendant by her attorney, leave is given to file an answer during the present term.

Motion to strike out answer and for Judgment filed.

Motion to strike from the records, defendants motion in arrest of Judgment, filed

Answer filed.

Answer and offset filed.

Answer filed.

Answer of John J. Roe, filed.

Continued.

Continued.

Now at this day come the parties aforesaid, by their respective attorneys, and thereupon come a Jury to wit: J. L. Sally, William S. Jackson, Benjamin Lebaline, R. B. Davis, Edward Wallace, B. F. Buchanan, George Gosnell, I. S. Kohler, Samuel Johnson, J. W. Pate, J. M. McHenry and I. B. Ganter, twelve good and lawful men, who being duly elected tried and sworn, the matters in controversy well and truly to try the trial of the cause having progressed, but not being finished is laid till to-morrow morning at nine o'clock.

And now come the plaintiffs into Court and remit the sum of Thirty six dollars and eighty eight cents, from the Judgment obtained by them against defendant, and consent that Judgment stand upon the verdict for sum of thirty six hundred and seventy-two dollars.

Dismissal. On motion of said plaintiff by his attorney, it is ordered by the Court the discourse be dismissed at the costs of the said plaintiff, and that execution issue therefor. Leave is given said plaintiff to withdraw the note upon which this action is founded.

The Court having duly heard and considered the Demurrer of said defendant to said plaintiffs' petition, and being there of fully advised, doth order that said Demurrer be overruled. Leave is given said defendant to file his answer herein, on or before the first day of the next term of this Court.

Motion to set aside non-suit and grant a new trial filed.

Now at this day come the parties aforesaid, by their respective attorneys, and the Jury duly empannelled and sworn herein also come, and this cause having been concluded, the Jurors aforesaid upon their oaths aforesaid, "fine for the plaintiff in the sum of two hundred and sixty two 50/100 Dollars, less thirty-five dollars, usury".

And thereupon comes the said plaintiff by his attorney, and remitting the sum of twenty-seven dollars and fifty cents, interest awarded him by the Jury, upon the sum of five hundred dollars, and the Jury having found that the amount of interest upon the said principal sum of five hundred dollars, over and above the legal ratio of six per cent per annum, is thirty-five dollars; It is therefore ordered and adjudged by the Court, that the said plaintiff do recover of the said Defendants, the sum of four hundred and sixty five dollars (being the amount of the said principal sum of five hundred dollars, after deducting as well the amount of interest remitted as aforesaid; as the illegal interest as found by the Jury. And that the said plaintiff and execution therefor. And it is further ordered and adjudged by the Court, that the sum of sixty five dollars and seventy eight cents,(being the whole amount aggregate of the interest upon the said principal sum of five hundred dollars, after the deductions aforesaid, at the rate there on of six per cent. per annum, and the said usurious interest be and the same is accordingly here by set apart for the use of the County of Saint Louis for the benefit and use of Common Schools; and the Sheriff of Saint Louis County is hereby ordered to collect the said sum of sixty-five dollars and seventy eight cents, of the said defendants, and when so collected, to pay the same over to the said County, to go and form a part of the Common-School fund of said County, according to the statute: in such case made in provided. And it is further ordered and adjudged that the said defendants do recover of the said plaintiff, Their costs herein.

Sheriff's Report of Sale filed and confirmed. Turner Maddox, Sheriff of the County of Saint Louis, files his Report of Sale herein and it appearing to the Court, that said sale has been in all respects legally conducted. It is ordered by the Court, that said Sheriff execute deeds to the purchaser thereof and that after paying the costs of this proceeding, he pay over the balance of the proceeds of said sale to the parties entitled thereto.

Default. Judgment. Now at this day come the said plaintiff by his attorney, but the said defendant although duly summoned and called comes not but makes default, Wherefore on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed; and the said plaintiff waiving a Jury, submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendant is indebted to said plaintiffs in the sum of Sixteen hundred and eighty dollars. It is there fore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.

Dismissal. On Motion of said plaintiff, by its attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.

Motions to set aside Judgment and for new trial filed.

By consent of said parties, by their attorneys, it is ordered by the Court that the Non-suit rendered herein, on the Eighteenth of April Eighteen hundred and fifty-five, be set aside, and that costs abide the event of this suit, and cause continued.

Default. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called comes not but makes default Wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendant as confessed and that the cause be placed on the fourth week Docket for the assessment of damages.

Motion to strike out portions of petition, filed.

Amended answer filed by leave of Court, with leave to plaintiffs, within five days, to elect whether or not to proceed to trial this term.

Separate answer of Wimer filed.

Proof of publication filed.

Demurrer to off-set filed

Allegations and interrogatories filed

Amended petition filed.

Answer filed

Divorce. Judgment. Now at this day comes the said plaintiff, by her attorney, and waving a Jury, submits this cause to the Court, upon the pleadings, exhibits and proofs and the Court having duly heard and considered the same doth finder from such proofs that the said plaintiff is an innocent and injured party. It is therefore ordered, adjudged and decreed, by the Court that the said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant, and that she be restored to all the rights and privileges of an unmarried person. It is further ordered by the Court, that said defendant pay the costs of this proceeding and that execution issue therefor.

Motion to compel plaintiff to elect upon which grounds he will rely to sustain attachment filed; and on motion of said defendants by their attorney, it is ordered that a decliner issue herein and to the State of Iowa, to take depositions on the part of noble Newport, who interpleads herein.

On motion of the said plaintiff by his attorney, it is ordered by the Court, that a decliner issue herein, to the State of Virginia on the part of the plaintiff.

Continued as on affidavit, of said defendants.

Continued by consent.

Answer filed.

Judgement. Now at this day comes said plaintiff as well as said defendant John D. McMurray by their respective attorneys but the said defendant Morris Pawley although duly warned and solemnly called comes not, but makes default, Wherefore the Court doth find from the instrument of writing upon which this action is founded that said defendant is indebted to the plaintiff in the sum of three hundred and twenty two dollars and seventy seven cents, and thereupon the issue joined between plaintiff and defendant McMurray are by consent submitted to the Court, and the trial progressed and being finished the Court doth find that said defendant is indebted to said plaintiff in the Sum of three hundred and twenty two dollars and seventy seven cents. It is therefore considered by the Court that said plaintiff recover of said defendants, the debt aforesaid in form as found, and also his cost and charges herein expended, and that execution issue therefor. Finding of the Court filed.

Judgement. Now at this day comes as well the said plaintiff as said defendant John D. McMurray by their attorney but the said defendant Morris Pawley although duly warned and solemnly called comes not but makes default, wherefore the Court doth find from the instrument of writing, upon which this action is founded that said defendant is indebted to said plaintiff in the sum of Four hundred and Twenty dollars and Twenty five cents, and thereupon the issue joined between the said plaintiff and the said defendant McMurray, are by consent, submitted to the Court, and the trial trial progressed and being concluded the Court doth find that said defendant is indebted to said plaintiff in the Sum of Four hundred and Twenty dollars and Twenty five cents. It is therefore considered by the Court that said plaintiff recover of said defendants, the sum aforesaid, in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor. Finding of the Court filed.

Judgment. Now at this day come the parties aforesaid by their respective attorneys, and waiving a Jury submit this cause to the Court, upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that said defendants are indebted to said plaintiffs in the sum of Six hundred and ten dollars and fifty cents. It is therefore considered by the Court, that said plaintiffs recover of said defendants the sum aforesaid, in form aforesaid as found, and their costs and charges herein expended and that execution issue therefor. Finding of the Court filed.

Judgment. Now at this day come the parties aforesaid by their respective attorneys and consent that Judgement may be rendered herein for the sum of Five hundred and thirty four dollars and five cents. It is therefore considered and adjudged by the Court, that the said plaintiff recover of said defendant the sum aforesaid in form aforesaid, as found and his costs and charges herein expended, and that execution issue therefor. And, by consent of parties, it is ordered by the Court that execution herein be stayed until the first day of July, Eighteen Hundred and fifty five.

Continued by consent.

Continued.

Judgment. Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury submit this cause to the Court, upon the pleadings, exhibits and proofs and the Court having duly heard and considered the same, and being thereof fully advised, doth find from such proofs, that said defendant is indebted to said plaintiff in the sum of one Hundred and eighty seven dollars. It is therefore considered and adjudged by the Court, that said plaintiff recover of Edwin A. Sheble and James B. Eads, sureties on the bond for the release of the said defendant, the sum aforesaid, in form aforesaid, as found and their costs and charges herein expended and that execution issue therefor.

Judgment. Now at this day come the parties aforesaid, by their respective attorneys, and waiving a Jury, submit the cause to the Court, upon the pleadings, exhibits and proofs, and the Court, having duly heard and considered the same doth find from such proofs, that said defendant is indebted to said plaintiff in the sum of One hundred and seventy one dollars and seventy cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid, in form of aforesaid, as found, and their costs and charges herein expended and that execution issue therefor.

Judgment. Now at this day come the parties aforesaid, by their respective attorneys and waiving a Jury, submit this cause to the Court, upon the pleadings exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that said defendant is indebted to said plaintiff, in the sum of One hunded and seventeen dollars and eighty cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor.

Judgment. Now at this day come the parties aforesaid, by their respective attorneys, and waiving a Jury, submits this cause to the Court, upon the pleadings exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that said defendant is indebted to said plaintiff in the sum of Four hundred and one dollars and sixteen cents. It is therefore considered an adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid, in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.

Judgment. Now at this day, come the parties aforesaid, by their respective attorneys and waiving a Jury, submit this cause of the Court, upon the pleadings, exhibits and proofs and the Court having duly heard and considered the same, doth find from such proofs, that said defendant is indebted to said plaintiff, in the sum of Six hundred and fifty-five dollars and sixty one cents. It is therefore considered an adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.

Default. Judgment. Now at this day comes the said plaintiff, by his attorney, and dismisses his said suit as to C. Edmund Sabeaume, but the said defendant, James Conran, failing to file answer, within the time allowed by the Court, being duly summoned and called comes not but makes default, Wherefore on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed; and the said plaintiff waving a Jury submits this cause to the Court, the Court having duly heard and considered the same, doth find from the instrumentof writing on which this action is founded, that said defendant is indebted to said plaintiff in the sum of One thousand and seventy two dollars and fifty cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid as found, and his costs and charges here in expended, and that execution issue therefor.

Judgment. The Court having duly heard and considered the motion of the said plaintiff, to strike out answer and for Judgement and being there of fully advised, doth order that said motion be sustained; Wherefor, on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of the said plaintiff, be taken against said defendant as confessed, and the said plaintiff waving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Five hundred and twenty eight dollars and forty five cents. It is therefore considered by the Court, that said plaintiff recovered of said defendant the sum aforesaid, in form aforesaid, as found, and his costs and charges here in expended, and that execution issue therefor. Motion for new trial filed.

Continued as on affidavit of plaintiffs.

Divorce. Judgment. Now at this day, comes the said plaintiff by her attorney, but the said defendant, although duly notified and called comes not what makes default Wherefore on motion of said plaintiff, by her attorney, it is ordered by the Court, that this petition of the said plaintiff be taken against said defendant as confessed; and the said plaintiff waiving a Jury submits this cause to the Court upon the pleadings exhibits and proofs, and the Court having fully considered the same doth Finder from said proofs, that said plaintiff is an innocent and in injured party. It is Therefore considered adjudged and Decreed that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant, and be restored to all the rights and privileges of an unmarried person. It is further ordered by the Court, that the said defendant pay all the costs in in this proceeding and that execution issue therefor.

The Court having duly heard and considered the motion of said plaintiff, to strike out answer, and being thereof fully advised, doth order that said motion be sustained, unless defendant, within five days costs down is adhering to be signed according to the statuete and leave to plaintiff to amend petition in ten days.

The Court having duly heard and considered the motion of said plaintiff to set aside non-suit and grant a new trial ans being thereof fully advised doth order that said motion be overruled.

The Court having duly heard and considered the motion of said plaintiff to strike out parts of defendant's answer, and being thereof fully advised, doth order that said motion be sustained, and leave to defendant to file an amended answer within ten days.

The Court having duly heard and considered the motion of said plaintiff, to strike out answer, and being thereof fully advised, doth order that said answer be stricken out, and that said defendant, have twenty days in which to file her amended answer.

The Court having duly heard and considered the motion of said plaintiffs to strike out answer and for Judgement, and being thereof fully advised doth order that, said motion be overruled.

The Court having duly heard and considered the motion of said plaintiff to strikeout answer, and being thereof fully advised doth order that said motion be sustained and that said defendant have twenty days in which to file an amended answer.

The Court having duly heard and considered the motion of said plaintiff, to strike out answer and for Judgement and being thereof fully advised, doth order that said motion be overruled.

Answer filed.

Demurer to additional replications filed.

Judgment. Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury, submit this cause to the Court, upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that said defendant is indebted to said plaintiff in the sum of nine hundred and seventy four dollars and seventy five cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor. Finding of the Court filed.

On Rule to show Cause. And now at this day come the said Thomas S. Nelson, as well as the said Henry Brown and submit the pleadings and proofs to the Court, and the Court having fully advised upon the same, does consider that the said Brown is not entitled to have said rule upon said Nelson made absolute and refuses the same, therefore it is considered by the Court that the said Nelson be discharged from the said rule and the said Brown do pay the costs of this proceeding. It is therefore ordered and adjudged by the Court, that the said Thomas S. Nelson have and recover of and from the said Henry Brown, the costs in this behalf expended, and have thereof execution.

Divorce. Judgment. Now at this day comes said plaintiff by her attorney, the defendant not appearing and and the petition of the plaintiff having heretofore been taken against the said defendant as confessed, and the plaintiff attorney waiving a Jury submits this cause to the Court upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that the plaintiff is an innocent and injured party. It is therefore ordered adjudged and decreed, that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant, and that she be restored to all the rights and privileges of an unmarried person. It is further ordered by the Court that said defendant pay the costs of this proceeding and the education issue therefor.

Judgment. Now at this day come the said parties by their respective attorneys and the defendant Oliver G. Potts by his attorney comes and by leave of Court filed his motion to quash the attachment, for the reason that the affidavit is not sufficient, being in the disjunctive throughout, and all and singular the premises being heard and seen by the Court, it is ordered that, unless the said plaintiff shall forthwith file a good and sufficient affidavit under the statute said motion be sustained; there upon the said plaintiff having filed pursuant to the leave given, by the Court, another affidavit, the defendant Oliver G. Potts, by his attorney comes and moves the Court for judgement, upon the first motion to quash the attachment for the reason that the amended affidavit filed by leave of Court is not sufficient in this, that it states no cause for an attachment upon notes not yet due, which in the statute, and all and singular the premises being seen and heard by the Court; it is ordered and adjudged that the said motion last made be sustained, and that the attachment be dissolved. It is therefore considered by the Court that each plaintiff take nothing by his said suit in this behalf, and that said defendant Oliver G. Potts go hence without day and recover of said plaintiff, his costs and charges herein expended and that said defendant have thereof execution. Motion for the filed.

Judgment. Now at this day comes said plaintifs, by their attorney, and waiving a Jury submit this cause to the Court upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said defendant is indebted to said plaintiff in the sum of four hundred and three dollars and sixty nine cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said Edwin A Sheble and R. C. Mc Allister, sureties on the bond for the release of the said defendant, their costs and charges herein expended, and that execution issue therefor.

On motion of said defendants, by their attorney, Six days time is given in which to file an answer herein.

On motion of said defendants, by their attorney, Six days time is given in which to file an answer herein.

On motion of said defendants by their attorney, ten days time is given in which to file an answer herein.

Report of Commissioners filed.

Answer filed.

Continued.

Continued by Consent.

Continued by consent.

Continued by consent.

Continued as on affidavit at the plaintiff's costs.

Continued by consent.

Continued as on affidavit at the plaintiff's costs.

Continued as on affidavit at the plaintiff's costs.

On Motion of said plaintiff, but his attorney, leave is given by the Court, to amend in the first of the petition, by inserting in the first line the name of "James", instead of "John", and also as a further amendment, the words "for value received, negotiable and payable, without defaleation or discount, at the Bank of the State of Missouri", by interlineation, after the words "from date", and the fourth line of the petition. Leave given to defendant to file his answer herein within Ten days.

The Court having duly heard and considered the motion of said plaintiff for Judgement on answer, and being thereof fully advised doth order that said motion be overruled.

On Motion of said plaintiff, by his attorney, leave his given by the Court, to amend his petition by striking out the following words in the description of the tract number three, to wit: "and a half", "I. B. Tison, I. B. Lorins and", and inserting the words, "and A Lorins".

On motion of plaintiff, by his attorney, leave is given by the Court to file an amended petition, and ten days is given said defendant, in which to file an answer thereto.

Bill of execptions filed.

Demurer to amended petition filed.

Motion for new trial filed.

Replevin. And now at this day comes the said plaintiff by his attorney, and files herein his petition duly verified by affidavit and prays the Court for an order of replevin, on behalf of said plaintiff, against said defendant, for the possession of the property mentioned and described in plaintiff's of said petition, and the same being fully considered by the Court, It is ordered that said defendant be required to deliver to the Sheriff the property mentioned and described in plaintiff's said petition, and if the same be not delivered to the Sheriff, that he be required to take the same from the defendant, and deliver the same to the plaintiff.

It is suggested, to the Court, that since the last continuance of this cause, Julia N. Hall, wife of D. C. Hall, has departed his life, and Julia Elouisa Hall, by her guardian, David C. Hall, enters her appearances, as party defendant herein, and files her answer.

Dedimus, On motion of said defendant, by his attorney, it is ordered by the Court, that a Dedimus issue herein, to the State of New York, on the part of said defendant.

Motion for review filed.

Motion to set aside nonsuit filed.

Stipulations filed.

Stipulations filed.

Judgment. Now at this day, comes the said defendant, by his attorney, and no exceptions being filed to the Report of the Commissioners filed herein on the nineteenth day of October, Eighteen hundred and fifty-four, and no cause being shown to the contrary, It is on motion of said defendant, ordered by the Court, that said Report be notified and confirmed.

It is therefore considered and adjudged by the Court, that said defendant recover of said plaintiff the sum of nine hundred and five dollars, for damages by him sustained by reason of the premises in said petition mentioned. And the Court doth further order and decree, that upon the payment of the same, that his title to the land prayed to be condemned, in the petition of the said plaintiff, for the use of the said Rail Road and described as follows, to wit: "Situated and being in the county of Saint Louis and bounded as follows, beginning at a point in the southern boundary line of the Land of said SeRoy Kingsland, on the west side of the centre line of the track of said Rail Road, now being constructed at a distance of fifty-feet, perpendicular from said centre line-thence in a line parallel with the said centre line to the northern boundary line of said land-thence with said northern boundary line crossing the rail-road track aforesaid at station number 13.78 1/2 to a point in said northern boundary line, at a perpendicular distance of fifty-feet from said centre line of the track and on the east side thereof thence in a line parallel with said centre line to the southern boundary line of said land thence, with said southern boundary line crossing said rail-road track at station number 12.88 to the beginning - the same being part of a larger track owned by said SeyRoy Kingsland, containing Three arpents more or less lying on the Bellefontaine road and bounded on the north by Erastus Wells on the south by Adolphus Meier," be rested in said rail road forever. And it further ordered by the Court, that the costs of this proceeding be paid by said plaintiff, and that execution issue therefor.

Dismissal. On motion of said plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff, and that execution issue therefor.

Now at this day comes the said defendant Joseph Shinkle, and enters his appearance as party defendant herein, and on motion of said plaintiffs by their attorney, it is ordered by the Court, that a writ of summons issue to bring in the said defendant, returnable at the next term of this Court.

Dismissal. On motion of said defendant, it is ordered by the Court, that a Dedimus issue herein to the State of Arkansas, on the part of said defendant.

Motion to set aside rule of ninth of May, Eighteen hundred and fifty five, filed and the Court having duly heard and considered the same, and being thereof fully advised doth order that said motion be overruled.

The Court having duly heard and considered the motion of said defendant, for a new trial and being thereof fully advised doth order that said motion be overruled.

The Court having duly heard and considered the motion of said defendant for a review of the law, and being thereof fully advised, doth order that said motion be overruled.

The Court having duly heard and considered the motion of said plaintiff, to set aside a non-suit herein and being thereof fully advised doth order that said motion be sustained, at the costs of the said plaintiff.

Claim of Henry Hitchcock filed.

Claim of Henry Hitchcock filed.

Motion for security for costs filed.

Default. Judgment. Now at this day come the said plaintiffs by their attorney, duly notified and called comes not but makes default; wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of the said plaintiffs, be taken against said defendant as confessed; and the said plaintiffs waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the he said defendant is indebted to said plaintiffs in the sum of One thousand and seventy four dollars and seventy three cents. It is therefore, considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.

Dedimus. On motion of said defendant, by his attorney, it is ordered by the Court, that a Dedimus issue herein, to the State of New York, on the part of the said defendant.

Answer of Henry Ames and Edgar Ames filed.

Judgment. Now at this day come the parties aforesaid by their respective attorneys, and by agreement, the said plaintiffs dismiss their attachment clause, in their process, and take Judgment for the amount sued for, as if they had commenced their suit by

Judgment. Now at this day come the parties aforesaid by their respective attorneys, and by agreement, the said plaintiffs dismiss their attachment, clause in their process, and take Judgment for the amount sued for, as if they had commenced their suit by the ordinary process of summons, to wit: for the sum of Seven hundred and seventy eight dollars and fifty four cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid, as confessed, and their costs and charges herein expended, and that execution issue therefor.

Judgment. Now at this day comes the said plaintiff by her attorney, but the said defendant failing to answer, according to the order of the Court made herein, on motion of said plaintiff, by her attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed, and the said plaintiff, waiving a Jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find that said plaintiff is entitled to the possession of the slaves mentioned in said petition, to-wit Margaret Harris (formerly Margaret Pogue,) a dark mulatto women, aged about thirty eight years, also Emma Jame Pogue a mulatto girl, child of said Margaret, aged about five years, and doth further find for the plaintiff and assess her damages at the sum of one cent. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid, in form aforesaid as found, together with the possession of the slaves in said petion mentioned, and her costs and charges herein expended, and that execution issue therefor.

Judgment. Now at this day come the parties aforesaid, by their respective attorneys and the Court having duly heard and considered the Demurrer of the said defendant to said plaintiff's petition, and being thereof fully advised, doth order that said Demurrer be sustained. It is therefore considered and adjudged by the Court, that the said plaintiff take nothing by his said suit in this behalf, and that said defendant go hence without day, and recover of said plaintiff, his costs and charges herein expended, and that execution issue therefor.

The Court having duly heard and considered the motion of said defendants to set aside Judgment quashing attachment, and being thereof fully advised doth order that said motion be sustained, on condition that plaintiff file a good and sufficient affidavit, and pay the costs of the present term of this Court, within two days.

The Court having duly heard and considered the motion of said defendants to set aside Judgment and for new trial, and being thereof fully advised doth order that said motion be overruled.

The Court having duly heard and considered the motion of said plaintiffs to strike from the files defendant's motion in arrest of Judgment, and being thereof fully advised, doth order that said motion be sustained.

Amended answer filed.

Motion for the production of books and papers and affidavit filed.

Motion to suppress depositions filed.

Leave to plaintiff to file a new affidavit within ten days.

Answer to amended petition filed.

Answer of William S. Ewing, Albert G. Edwards, F. Berthold, Nathan Cole, and P. W. Herman filed.

On change of venue from Franklin County Circuit Court.

Judgment. And now at this day come the said plaintiff and the said defendant William Polk, by their respective attorneys- the defendants Jacob D. Kurlbaum and Julius W. J. Kurlbaum not appearing, and the said defendant William Polk, by his Attorney with drawing his answer, and consenting by his writing, filed herein for that purpose, that Judgment be rendered for the plaintiff, according to the prayer of his petition, and this cause, on motion of plaintiff's attorney is submitted to the Court, upon the pleadings exhibits and proofs, and the Court having duly heard and considered the same is of opinion, that the plaintiff is entitled to the Judgment asked for in his petition and proceeding to ascertain the amount due and payable to plaintiff by the said Jacob D. Kurlbaum and Julius W. J. Kurlbaum, defendants for the mortgage debt and damages thereon finds the same to be eight thousand and seventy five hundred and seventy three dollars and seventy-five cents, with interest on the same from the first day of June Eighteen hundred and fifty-two amounting in all to Ten Thousand three hundred and thirty one dollars and nine cents. The Court, therefore, doth now order, adjudge and decree that the said plaintiff do recover the debt and damages, so as aforesaid, found to be due, together with costs to be levied of the following premises contained and described in the said mortgage as follows, "Certain track or parcels of land lying and bring situated in Franklin County, State of Missouri, and described as follows, and originally claimed and confirmed unto John Ridenhours widow and children, to-wit: beginning at the south east corner, a post from which a lynn, eighteen inches in diameter bears north Eighty-two, west thirty-five links, and a lynn nine inches diameter bears south forty-five, east fifty links-thence north fifty-three, west forty-seven chains, cluffs forty eight chains fifty seven, a cotton wood, thirty inches in diameter fifty chains, a post, the lower corner on the Missouri river from which an ehn, ten inches in diameter, bears south seventy six, east six links, and a box elder, eight inches in diameter, south twenty seven west twenty-two links-thence up the river with its meanders, south seventy-two west eight chains, the mouth of a Geek, twenty two chains in all this course, thence south sixty-five west one chain south Eighty chains south sixty west five chains south forty west fourteen chains south fifty-five west seven chains, south fifty six, ten chains, south sixty four chains, the upper corner a post from which an ask nine inches in diameter bears south eight three east forty one links, an ebn nine inches in diameter, south fifteen west fifteen links-thence south fifty-three east, forty-four chains sixty two links a black oak twelve inches in diameter, fifty eight chains fifty three links, a branch four links bears north east seventy three chains, twenty links, intersects the line between sections twenty-one and twenty-two, Township forty-four, Range two twenty-one chains eight links, north of the quarter section post, eighty-two chains, twenty links a post from which a red oak eighteen inches in diameter bears south eighteen west fifty four links, and a white oak twenty inches in diameter, bears north three, East ninety-two links-thence north thirty seven east seventy six links, a Geek one hundred links bears north west forty nine chains seventy- three a white oak eight inches in diameter, sixty three chains fifty links to the beginning, being in Township forty four north of the base line of range number two east of the fifth principal meridian, containing five hundred arpens, equal to four hundred and twenty-five 95/100 acres, and also the south west fractional quarter of section number fifteen in township number forty-four of range number two east, containing twenty one acres and 18/100 of an acre. And also the south west quarter of the south east quarter of section number fifteen, of Township forty-four, range two east, containing forty acres, and also the north west quarter of north east quarter of section number twenty-two, in township forty-four, north of range two east, containing forty acres, and also the south east quarter of fractional quarter and south west fractional (North east survey number one hundred and sixty -one) quarter of section number fifteen in township number forty-four of Range number two east, containing forty one acres and, 22/100 of an acre. Excepting and reserving from the operation of this decree, the following described part and portion of said real estate above mentioned to wit: beginning on the Missouri river, where a sycamore stands, the upper one of three sycamores standing close together, thence south eastwards in a straight line making a forty red oak, a line tree to where it intersects the first dry branch, then down this branch to its and the spring branches mouth into the Ridenhour Creek.

Order of publication. It appearing to the Court from the affidavit of said plaintiff, that said defendant is a non-resident of the State of Missouri, and cannot be served with process. It is, on motion of said plaintiff, ordered by the Court, that said defendant be notified by publication, according to law, of this order, that said plaintiff has instituted suit in the Saint Louis circuit Court, the object of which is to obtain a divorce from him, on the ground of willful desertion, and that unless he be and appear at the next term of this Court, to be begun and held in the city of Saint Louis, on the fourth Monday of October next, and on or before the sixth day thereof, answer the petition of said plaintiff the same will be taken against him as confessed.

Answer to offset filed: and motion to strike out amended answer filed.

Demurrer filed.

Demurrer filed.

Answer of Emely Stine filed.

The Court having duly heard and considered the Demurrer of said plaintiff, to the offset of said defendant and being thereof fully advised doth order that said Demurrer be sustained. Leave to said, defendant to amend within ten days.

Confession of Judgment. Now at this day come the said defendant by its attorney, and files its statement in writing, duly verified by the affidavit of the agent of said defendant, whereby he confesses Judgment in favor of said plaintiffs in the sum of two thousand two hundred and fifty nine dollars, and authorizes the same to be entered up against him as agent of said defendant. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as confessed, and their costs and charge is herein expended and that execution issue therefor.

Now Suit. Now at this day come said defendants by their attorney, said plaintiffs not appearing, wherefore on motion of said defendants, it is ordered by the Court, that said plaintiffs be non-suited, and take nothing by their said suit in this behalf, but that said defendants recover of said plaintiffs their costs and charges herein expended, and that execution issue therefor.

Motion for alimony filed.

Appeal. Now at this day comes the said defendant, by his attorney, and prays an appeal to the Supreme Court, which is granted, thereupon he files an appeal bond herein which is approved by the Court.

Answer filed by leave of Court, subject to all legal exceptions.

Continued as on affidavit at the costs of said plaintiff.

Continued.

Continued.

Continued as on affidavit at the costs of said plaintiffs.

Continued on affidavit, at the costs of said defendant.

Motion for provisional Alimony filed.

Non Suit. Now at this day come the parties aforesaid by their respective attorneys and the said plaintiff by his attorney, says he will not further prosecute his said suit in this behalf, but suffers a voluntary non-suit. It is therefore ordered by the Court that said plaintiff be non-suited, and that he take nothing by his said suit and that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended and that execution issue therefor.

On motion of plaintiff by his attorney, defendants attorney consenting, leave is given said plaintiff to withdraw, the instrument of writing on which this action is founded.

Motion to set aside non-suit and grant a new trial filed.

Continued.

Continued.

Amended affidavit filed.

Motion for review filed.

Dismissal. On motion of said plaintiff. by her attorney, it is ordered by the Court, that this cause be dismissed at the Costs of the defendant, and that execution issue therefor.

Non Suit. Now at this day, comes the said defendant, by his attorney, the said plaintiff not appearing, it is, on motion of said defendant, ordered by the Court, that said plaintiff be non-suited. It is therefore considered and adjudged by the Court, that said plaintiff take nothing by his said suit, in this behalf; but that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended, and that execution issue therefor.

Default. Now at this day comes the said plaintiff by her attorney, but the said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by her attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed.

The Court having duly heard and considered the motion of said defendant for security for costs, and being thereof fully advised, doth order that said motion be be sustained, and that unless plaintiff file such security on or before the day of trial, it is ordered by the Court, this cause do stand dismissed.

Dedimuses. On motion of said defendant, by his attorney, it is ordered by the Court that two Dedimuses, issue herein to the State of Tennessee on the part of said defendant.

Continued at plaintiff's costs.

Continued at defendant's costs.

Continued by consent.

Continued.

Continued by consent.

Motion to strike out parts of affidavit filed.

On motion of plaintiff, by his attorney, leave is given said plaintiff to withdraw, the depositions filed herein on the first day of May Eighteen hundred and forty-nine.

On motion of said defendants, by their attorney, it is ordered by the Court, that the following, entry be made as of the Eighteenth of May, Eighteen hundred and fifty five, nunc pro trunk. By consent of parties, the Court appoints John Wickham guardian ad litem for Eliza Harney and John Harney, infant defend auto, in the above cause, who files his acceptance and answer herein.

Recognizances. William Burke as principal and George Brown, as surety, acknowledge themselves to owe the State of Missouri, the sum of Two thousand dollars, (One thousand dollars in each of the returns to this term etumbered 172 & 171,) to be levied of their goods and chattels lands and tenements: yet upon condition, that if the said William Burke, shall personally appear before the Saint Louis Circuit Court, on the first day of the next term thereof, to be holden for the County of Saint Louis on the fourth Monday in October, eighteen hundred and fifty-five, and from day to day during said term, and on the first day of any future term, to which this cause may be continued, then and there to answer an indictment preferred by the Grand Jurors of said County against said William Burke, for Grand Larceny, and shall not depart the Court, without leave thereof, then this recognizance to be void else to remain in full force.

On motion of said plaintiff, by its attorney, leave is given to amend the petition of the said plaintiff, by interlining in the fifth line from the bottom, the words "or that said notes by surrendered up to plaintiff as its own property."

Now at this day come the parties aforesaid by their respective attorneys, and thereupon come a Jury to writ : Henz Wiseman, I. C. Robinson, D. S. Brown, Joseph Mallett, William H. Robinson, John B. Vein, I. R. Reel, Charles Primm, I. Caswill, Joseph Heineman, Michael Hoffner and J. S. Kohler, twelve good and lawful men who being duly elected tried and sworn, the matters in controversy will and truly to try, the trial of the cause having been finished, is submitted to the Jury, who retire to consider of their verdict.

Answer to amended petition filed.

Bill of Exceptions filed.

Motion for change of venue filed.

Now at this day come again the parties aforesaid, by their respective attorneys and thereupon come also the Jurors duly sworn and empanelled herein, and the trial of the cause having been concluded, the Jurors aforesaid, upon their oaths aforesaid find that said defendant is indebted to said plaintiff in the sum of Three Hundred and forty-four dollars and ninety seven cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid, in the form aforesaid as found, and his costs and charges herein expended and that execution issue therefor. Motion for a new trial filed.

Dismissal. On motion of said defendant, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs, the plaintiffs having failed to file security for costs, according to the order of this Court made at the last term.

Now at this day come the parties aforesaid by their respective attorneys and thereupon a Jury come to writ : W. H. Robinson, John B. Vein, I. R. Creel, I. L. Krohler, I. Casswell, Joseph Henneman, Joseph Mallett, E. A. Mattox, Alexander Mc. Curdy, John Martin, George Sutherland and Michael Heffner, twelve good and lawful men who being duly elected tried and sworn, the matters in controversy will and truly to try, the trial of the cause having progressed, but being concluded, is laid over until to-morrow morning at nine o'clock.

Now at this day, come again the parties aforesaid, by their respective attorneys, and thereupon come also the Jury duly empanelled and sworn herein also come, and the trial having progressed, but not being concluded, is laid on until to-morrow at nine o'clock.

Now at this day comes the said plaintiff by his attorney & acknowledges full and enter satisfaction of the Judgment heretofore herein rendered.

Receiver's report filed and cause continued.

Appeal bond filed and approved by the Court.

Answer to supplemental bill filed.

And now comes the said plaintiff, by her attorney, and the defendant not having answered the petition of the plaintiff, moves for a Judgment by default and for a final Judgment against the said defendant, upon proofs; and it being made to appear to the Court, from the evidence given that the said defendant at the time of the commencement of it in suit and the alleged service of the writ upon him was, and still is a convict and imprisoned in the Penitentiary of this State for felony, the Court doth order that this cause be stricken from the Docket.

On motion of said plaintiffs, by their attorney, it is ordered by the Court I. E. Elder, garnishee herein, be discharged, at the costs of the said plaintiffs.

Proof of publication filed.

Now at this day come again the parties aforesaid, by their respective attorneys, and thereupon, came also the Jury duly empanelled and sworn herein, and the trial of the cause having been concluded, the Jury retire to consider of their verdict.

Continued by consent.

Continued.

Continued.

Continued by consent.

Continued by consent.

Continued by consent.

Continued by consent.

Continued.

Continued.

Continued at defendants costs.

Continued.

Continued.

Continued.

Continued.

Continued.

Order of Sale. Turner Maddox, Esquire, Sheriff of the County of Saint Louis, comes and files his statement, from which it appears to the satisfaction of the Court, that the keeping of the property attached under the writs herein, will be attended with much expense before the probable termination of these suits, and that said property is likely to depreciate in value, it is therefore ordered, by the Court, that said Sheriff sell said property according to law, and that he make report of his proceedings, under this order, on or before the first day of the next term of this Court.

Dedimus. On motion of said plaintiff by his attorney, it is ordered by the Court that a Dedimus issue herein to each of the States of Ohio and Indiana, on the part of the said plaintiff.

Judgment. Now at this day come again the parties aforesaid by their respective attorneys, and the Jury empanelled and sworn herein also come the trial of the cause having been finished the Jurors aforesaid upon their oaths aforesaid, do find for the plaintiff and assess her damages by reason of the premises in said petition mentioned, at nine hundred dollars, and do further find that the monthly value of the rents and profits of the premises sued for is twenty five dollars. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the possession of the property, in said petition mentioned, and the sum aforesaid in form aforesaid, as found and their costs and charges herein expended, and that execution issue therefor. Motion for new trial filed.

Now at this day comes the said defendant, by his attorney, and files his petition and affidavit praying a change of venue, in this cause on the ground that the Judge of this court is prejudiced against him; and upon consideration of the premises, it is ordered by the Court, that the prayer of the said petition be granted, and that the venue of this cause be changed to the Saint Louis Court of Common Pleas. And it is further ordered that the said defendant pay all the costs of this term of the Court, and that execution issue therefor.

Non Suit. Thomas T. Garett, Esquire with draws his name as attorney for the said plaintiff, and on motion of said defendant by his attorney, it is ordered by the Court, that said plaintiff be non-suited. It is therefore considered by the Court that said plaintiff take nothing by this said suit in this behalf, and that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended, and that execution issue therefor.

Motion to strike out portions of amended petition: The Court strikes out the following portions of said amended petition. to wit: "That brother No.1, as contained in said article was meant John H. Baldwin", which words occur in said petition next after the word "states", and next before the word "that", and "that the rich brother as specified in the last mentioned article published in said paper as aforesaid meant the said John H.Baldwin", which-words occur in said petition, next after the words "plaintiff further states", and just before the words "and that his brother", and also the words "meaning John H. Baldwin, which occur in said petition, next after the words, "that nothing was said to the rich man" and next before the words "about making his last will", and as to the other portions of the said motion, the Court doth overrule the same, and grants leave to the said plaintiff to file an amended petition in two weeks.

Judgment. Now at this day come the parties aforesaid, by their respective attorneys and waiving a Jury submit this cause to the Court, upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that said garnishee, at the time of the service of the garnishment, was indebted to said defendant in the sum of twenty-seven dollars and ninteen cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said garnishee, the sum aforesaid in form aforesaid as found, and that execution issue therefor.

Non Suit. Now at this day this cause coming on to be heard, the said plaintiffs, by their attorney, come and say, that they will not further prosecute their said suit, in this behalf but suffer a voluntary Non-suit. It is therefore considered by the Court that said plaintiff, take nothing but his said suit suit in this behalf and that said defendant go hence without any day and recover of said plaintiffs costs and charges herein expanded and that execution issue therefor.

Non Suit. Now at this day, this cause coming on to be heard and neither party appearing it is ordered by the Court, that said plaintiff be non-suited. It is therefore considered by the Court, that said plaintiff, take nothing by his said suit in this behalf, and that said defendants go hence without day and recover of said plaintiff, their costs and charges herein expended, and that execution issue therefor.

Now at this day comes the said defendant and acknowledge full and entire satisfaction of a Judgment rendered against said plaintiff, on the twelfth instant.

On motion of said defendants by their attorney, it is ordered by the Court, that a Sci. for issue herein, to bring in the legal representatives of Howard F. Christy and Mary Ann Mitchell, to-wit: Mary S.Mitchell, Fanny W., Susan P., David D., Taylor B., Charles G. Mitchell and Susan P.Christy.

Judgment. Now at this day comes the parties aforesaid by their respective attorneys, and the said defendant, by consent of parties, withdraws his answer, and files a Demuner to the said plaintiffs petition, and the Court having duly heard and considered the same, and being thereof fully advised. It is therefore considered and adjudged by the Court that the said plaintiff take nothing but he said suit in this behalf, and that said defendant go hence without they and re cover of said plaintiff his costs and charges herein expended, and that execution issue therefor. Bill of Exceptions filed.

The Court having duly heard and considered the motions of said defendants for a new trial and being thereof fully advised doth order that said motion be sustained. On motion of Messrs. Carr and Rogers, by their attorney, leave is given said defendants, to file an amended answer and cause continued.

Now at this day come the parties aforesaid by their respective attorneys, and thereupon come a Jury to wit: Joseph Mallet, John B. Vien, J.R.Creel, Charles Primm, D. S. Brown, J.Casewell, Joseph Heineman, Michael Heffner, Alexander M Curdy, P. Beckham Jno Martin and George Sutherland, twelve good and lawful men who being duly elected, tried and sworn, the matters in controversy well and truly to try, the trial of the cause having progressed, but not being concluded, is laid over until Monday morning at nine o'clock.

On motion of said plaintiff, by his attorney, two days' additional time is given said plaintiff, in which to file security for costs.

Confession of Judgment. Now at this day comes the said defendant, and files his statement, in writing, duly verified by affidavit, in which he confesses Judgment in favor of said plaintiff, in the sum of four thousand five hundred dollars, and authorizes the same to be entered up against him. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as confessed, and his costs and charges herein expended, and that execution issue therefor.

Confession of Judgment. Now at this day comes the said defendant, and files his statement in writing, duly verified by affidavit, in which he confesses Judgment in favor of said plaintiff, in the sum of four hundred and thirty dollars, and authorizes the same to be entered up against him; It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as confessed, and their costs and charges herein expended, and that execution issue herein.

On motion of said plaintiffs, and by consent of parties, it is ordered by the Court, that that this cause be dismissed as to the said Andrew Mc Mehan, and that the costs of this proceeding, be paid by each party, respectively.

On motion of said plaintiffs, and by consent of parties, it is ordered by the Court, that this cause be dismissed as to the said Augustin Eastin, trustee of Judith Ballentine and that the costs of this proceeding, be paid by each party, respectively.

Answer of Isaac Rosenfeld filed.

Security for costs filed.

Amended petition filed.

Now at this day come the parties aforesaid, by their respective attorneys, and thereupon come a Jury duly empannelled and sworn herein, and the trial of the cause having progressed, but not being finished, is laid over till to-morning at nine o'clock.

Judgment. Now at this day come again the parties aforesaid, by their respective attorneys, and the Jury duly empannelled and sworn herein also come, and the trial of the cause having been concluded, the Jurors aforesaid upon their oaths aforesaid, do find for the plaintiff and assess his damages at the sum of Six hundred and seventy-eight dollars and fifty two cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor.

On motion of said plaintiff, by her attorney, it is ordered by the Court, that the order of publication heretofore made in this cause, be vacated, and that an alias writ of summons issue, to the next October term of this Court.

Amended petition filed.

Amended answer filed.

Bill of Exceptions filed.

Order for delivery.- The plaintiff comes and files a petition and affidavit according to law, claiming the possession of certain personal property, therein described; wherefore, it is ordered that the defendants deliver the property specified in said petition to the Sheriff of Saint Louis County, and and said Sheriff is hereby directed, if said property be not delivered to him, to take it from the defendants, and deliver it to the plaintiff.

Order of Delivery.- The plaintiff comes and files a petition and affidavit according to law, claiming the possession of certain personal property, therein described, wherefore, it is ordered that the defendants deliver the property specified in said petition to the Sheriff of Saint Louis County, and said Sheriff is hereby directed, if said property be not delivered to him, to take it from the defendants, and deliver it to the plaintiff.

Confession of Judgment: Now at this day comes the said defendant, and files a statement, in writing duly verified by affidavit, whereby he confesses Judgment, in favor of said plaintiff, in the sum of Seven hundred and four dollars, and authorizes the same to be entered up against him. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as confessed, and his costs and charges herein expended, and that execution issue therefor.

Now at this day come the parties aforesaid by their respective attorneys, and thereupon come a Jury, to-wit: James C. Havens, Peleg Peckham, Charles M. Lewis, James B. Mc Kown, T. W. Savant, Daniel T Lloyd, Henry Bennett, Charles F. Wood, Andrew Johnson George Patton, Robert Fowler and E. A. Owens, twelve good and lawful men who being duly elected tried and sworn the matters in controversy well and truly to try, the trial progressed, but not having been finished, is laid over until Friday morning.

On motion of said plaintiff, by his attorney, leave is given him to withdraw the agreement filed on the seventeenth of July 1852, for the purpose of attaching it to depositions.

Motion to set aside default filed.

Agreed case filed.

Order of Publication. The Sheriff having made return, that the said defendant, against whom process issued in this cause, cannot be found, and the court being satisfied that process cannot be served upon said defendant, It is therefore ordered by the Court, on motion of said plaintiffs by their attorney, that said defendant be notified by publication according to law of this order, that said plaintiffs have instituted Suit in the Saint Louis Circuit Court, upon a judgment rendered in the Cork County Court of Common Pleas, State of Illinois against said defendant and in the favor of plaintiffs the object of which is to obtain a Judgment against the said defendant for the sum of three hundred and thirty-seven dollars and forty seven cents, and that his property has been attached and that unless he be and appear at the next term of this Court, to be begun and held in the City of Saint Louis on the fourth Monday of October next and on or before the sixth day of the said term, answer the petition of said plaintiffs, the same will be taken against said defendant as confessed and his property sold to satisfy said debt & costs.

Default. Now at this day come the said plaintiffs by their attorney, but the said defendants William Haslett and John Beakey, although duly summoned and called come not but make default; Wherefore, on motion of said plaintiffs, it is ordered by the Court, that the petition of the said plaintiffs be taken against the said defendants William Haslett and John Beakey as confessed.

Now at this day come again the parties aforesaid by their respective attorneys, and the Jury duly empanelled and sworn herein also come, and the trial of this cause having progressed, but not being concluded is laid over until to-morrow morning.

Motion for allowance, for answering garnishment filed.

Agreed case filed.

Demurrer filed.

On motion of the defendant by his attorney an appeal is granted him from the Judgment herein to the Supreme Court. Whereupon said defendant files a bond for such appeal, conditioned according to law, in the sum of Two thousand dollars, which said bono is acknowledged by the obligors and approved by the Court.

This day comes the defendant by their attorney and file their Bill of Exceptions herein, and on motion of said defendants an appeal is granted them from the Judgment herein to the Supreme Court, said defendants having heretofore filed a bond for such appeal, conditioned according to law and which was at the time of filing approved by the Court.

On motion of the plaintiffs by their attorney, leave is given them to withdraw the note on which this action is founded, thereupon said note is withdrawn.

On motion of the plaintiffs by their attorneys, leave is given them to withdraw the note on which this action is founded, thereupon said note is withdrawn.

Now at this day come again the parties aforesaid by their respective attorneys and the Jury duly sworn and empanelled herein also come, and the trial of this cause progressed, but not being concluded at the hour of adjournment, is laid over until to-morrow morning.

This day come the plaintiffs by their attorney, and acknowledge to have received full and entire satisfaction of the Judgment heretofore entered herein.

This day comes the plaintiff by his attorney, and acknowledges to have received full and entire satisfaction of the Judgment heretofore entered herein.

Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empannelled herein also come, and thereupon the trial of this cause further progressed, but not being concluded at the hour of adjournment, the same is laid over until to-morrow morning.

This day come the plaintiff by its attorney, and acknowledged to have received full and entire satisfaction of the Judgment heretofore rendered herein.

Agreement filed, and by consent of parties leave is given the plaintiffs to file an amended Petition herein, at any time during the first week of the next October Term of this Court, on giving notice thereof to the attorney for the defendants.

Receipt for Damages filed.

Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause further progressed, but not being concluded at the hour of adjournment, the same is laid over.

Order of Distribution.

And now said cause coming on to be heard, and the decision and judgment of the Supreme Court of the State of Missouri being filed in said cause, it is ordered and adjudged that out of the funds paid into Court and now remaining undistributed amounting to Twelve hundred and eighty eight dollars and sixty five cents, there be first deducted and reserved the costs sustained in this Court in said cause amounting to Twenty four dollars and that then out of the remainder there be appropriated and paid the amount of the Judgment recovered on the fifteenth day of May, Eighteen hundred and fifty four, in the St. Louis Court of Common Pleas in favor of Daniel Morgan and R. Deming against Caleb Stone amounting with interest and costs of suit to Eight Hundred and nineteen dollars and ninety two cents - and the balance remaining be appropriated upon and applied in part payment to the Judgment of William Rice and Moses T. Rice against said Caleb Stone recovered on the eighteenth day of December Eighteen hundred and fifty four in the St. Louis Court of Common Pleas for the sum of thirty one hundred and seventy nine dollars and eighty five cents.

Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause further progressed, but not being concluded at the hour of adjournment, the same is laid over until.

Non Suit.

Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and thereupon the said plaintiff by his attorney, says that he will not further prosecute his said suit in this behalf, but voluntarily take a non-suit, with leave to move to set the same aside, it is therefore considered by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof Execution. Motion to set aside non suit filed.

Dismissal.

On motion of the plaintiffs by their attorney, it is ordered by the Court, that this suit be dismissed at the costs of said plaintiffs, and that Execution issue therefor.

Petition for renewed order of sale filed and on the application of the assignee, it is ordered that the said assignee of Lyman Mower shall proceed to sell all the property remaining in hand undisposed of, at Public vendue to the highest bidder or bidders on the twentieth day of June Eighteen hundred and fifty five, upon the terms and conditions prescribed in the former order made in this case.

Motion for an attachment against George D. Little assignee of S. B. Sherer, filed.

Continued by consent.

Charles R. Hall administrator of Joshua Tevis and William P. Scott Trustee of Harriet W. Tevis, come into Court and by their petition filed this day show to the Court here that the estate of Joshua Tevis and the said William P. Scott as Trustee of Harriet W. Tevis are the only persons interested in the assets of the late firms of Tevis, Scott & Tevis, & Tevis, Scott & Tevis No. 2. That of the first of these firms the said William P. Scott as Trustee of Harriet W. Tevis is entitled to two thirds of the assets and that of the second of said firms said Scott as Trustee as aforesaid is entitled to one half, and that the estate of said Joshua Tevis represented in this behalf by said Charles R. Hall admr. Is entitled to the remainder. That the estate of said Joshua Tevis is fully solvent and that all the debts of said firms of Tevis, Scott & Tevis, & Tevis, Scott & Tevis No. 2 have been paid and that the assets of said firms remaining to be divided, consists of debts & claims outstanding & owing to said firms by persons residing in Missouri, Illinois, Wisconsin & Iowa, and that of said claims the greater part are of such character as that the same cannot be collected in full, nor at all without management & compromise on the part of the persons controlling said claims. That so long as there are several persons holding & controlling said claims no such compromises can be effected, and that much loss has

Now at this day come the parties aforesaid by their respective attorneys, and the attorney for the plaintiffs suggests to the Court, that since the last proceedings were had in this cause, Ann Casey, one of said plaintiffs has departed this life, and said attorney for the plaintiffs presents to the Court the petition of Jane & Margaret Casey, praying the substitution of John R. Barrett as next friend of Plaintiffs in place of Charles Malay their guardian, the Court doth grant the prayer of said petition and appoints the said John R. Barrett next friend of said plaintiffs, and upon motion of said plaintiffs by their attorney, leave is given them to amend their petition herein, by striking out the word "Guardian" wherever the same may occur in said petition and inserting in lieu thereof the words "next friend", and said amendment was accordingly made, whereupon the defendants file a Bill of Exceptions; and thereupon come a Jury, to wit : Paul Dejerle, John Graham, J. B. Mc. Kown, D. T. Lloyd, George Patton, Charles Primm, C. M. Lewis, T. W. Lavant, Andrew Johnson, and Robert Fowler, (by consent) ten good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined herein, the trial of this cause progressed, but not being concluded at the hour of adjournment, the same is laid over until to-morrow morning. Bond for costs filed.

By leave of Court first had, the defendant files an amended answer herein.

Now at this day come again the parties aforesaid, by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause further progressed, but not being concluded at the hour of adjournment, the same is laid over until Monday morning.

Answer of George B. Michael, assignee, to citation, filed.

Now at this day come said plaintiffs by their attorney, and acknowledge to have received full and entire satisfaction of the Judgment heretofore rendered herein.

Confession of Judgment.

Now at this day comes said defendant, and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiffs in the sum of One hundred and twenty dollars, and consents that Judgment may be rendered against him said sum. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as confessed, and his costs and charges herein expended and have thereof Execution.

Edwin Ellis, and John Y. Page, to whom Alonzo Newell and Abner Hitchcock assigned all their property and effects, file and Inventory of such estate and effects, duly verified by affidavit, whereupon on motion of said assignees by their attorney, it is ordered by the Court that Francis Jones and Joseph Woodman, be appointed to appraise said property and effects, so as aforesaid assigned.

Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed and being finished the Jury aforesaid retire to consider of their verdict.

Injunction.

Now at this day comes the said plaintiff by his attorney and files his petition in the above entitled cause, which by the Court being duly considered, it is ordered that upon bond being given by the said plaintiff to the said defendants with good and sufficient security in the sum of five hundred dollars, conditioned according to law, the said city of St. Louis, its officers, and agents, and the said Francis Molair be restrained and enjoined from collecting the sum of one hundred and thirty three dollars, or from selling the property in said petition mentioned or any part thereof until the further order of this Court.

Injunction.

Now at this day comes the said plaintiff by his attorney and files his petition in the above entitled cause, which by the Court being duly considered, it is ordered that upon bond being given by the said plaintiff to the said defendant with good and sufficient security in the sum of five hundred dollars, conditioned according to law, the said City of St. Louis, its officers and agents, be restrained and enjoined from collecting the sum of one hundred and ninety two dollars, or from selling the property in said petition mentioned or any part thereof until the further order of this Court.

Injunction.

Now at this day comes the said plaintiff by his attorney and files his petition in the above entitled cause, which by the Court being duly considered, it is ordered that upon bond being given by the said plaintiff to the said defendant with good and sufficient security in the sum of Three thousand dollars, conditioned according to law, the said City of St. Louis, its officers and agents be restrained and enjoined from collecting the sum of twelve hundred and eighty three dollars and sixty three cents, or from selling the property in said petition mentioned or any part thereof until the further order of this Court.

Continued by consent.

Continued.

Continued by consent.

Continued by consent.

Now at this day come the parties aforesaid by their respective attorneys and thereupon comes also a Jury, to wit : E. Rose, G. F. Gleason, Frank Lamay, Peter D. Barada, Joseph R. Huff, and Francis Lamonte, by consent, six good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined herein, the trial of this cause progressed and being finished, by consent of parties the Jury aforesaid is withdrawn and all singular this cause is submitted to the Court, and the Court not being fully advised of and concerning the same, takes time to consider thereof.

Now at this day come the parties aforesaid by their respective attorneys, and thereupon comes also a Jury, to wit : Charles Primm, George Alvarez, Samuel Baker, J. M. Young, Isaac Letcher, Charles Koser, E. Rose, Jerome Aubuchaon, D. T. Brown, P. D. Bishop, William Phillips and Joseph Hermon, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined herein, the trial of this cause progressed but not being concluded at the hour of adjournment, the same is laid over until to-morrow morning.

Agreement for the re-instatement of the case on the docket, filed.

Replication to off-set, filed.

Motion for an order on assignee to pay over money, filed.

The Court having duly heard and considered the motion of said plaintiffs to require said defendant to give an additional Bond for its release, and being fully advised of and concerning the premises, doth consider that said motion be sustained, and that said defendant do, within two days from this date, execute a new and additional Bond for its release, and the Court doth further order that the Sheriff of St. Louis County, re-take possession of said Boat, and hold it, until said Bond shall be executed.

Default.

Now at this day comes said plaintiff by her attorney, and files Proof of Publication, herein, but said defendant although duly notified and called, comes not but makes default, wherefore, on motion, of said plaintiff by her attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed.

Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, the same is laid over until to-morrow morning.

Judgment.

Now at this day come again the parties aforesaid by their respective attorneys, and the Court being now fully advised of and concerning all and singular this cause, doth find the issues herein joined in favor of the defendant. It is therefore considered and adjudged by the Court that said plaintiffs take nothing by their said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiffs his costs and charges herein expended and have thereof Execution. Finding of the Court, filed.

Satisfaction.

Now at this day comes said plaintiff by his attorney, and acknowledges to have received full and entire satisfaction of the Judgment heretofore rendered herein.

Subdivision and Plat & field notes, filed.

Dismissal.

On motion of the Plaintiff by his attorney, it is ordered by the Court that this suit be dismissed at the costs of said plaintiff and that Execution issue therefor.

By consent of parties, Plaintiffs file "Traverse of answer of Garnishee".

Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed, and the evidence being concluded, further proceedings are continued until to-morrow morning.

Order of Publication.

On motion of the plaintiff by its attorney, it is ordered by the Court, that the entry heretofore made herein on the nineteenth day of April Eighteen hundred and fifty five, be so amended as to read as follows, to wit : The Sheriff having made return that the said defendant against whom process issued in this cause, cannot be found, and the Court being satisfied that process cannot be served upon said defendant. It is therefore on motion of said plaintiff by its attorney ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against the said defendant, in the St. Louis Circuit Court, the object of which is to obtain judgment for the amount with interest of the balance of the defendants subscription of five shares to the stock of the plaintiff, to wit: five percent on said five shares due 1, May 1853, Five percent due 1, July 1853, five percent due 1, September 1853, ten percent due 1, October 1853, ten percent due 15, November 1853, five percent due 15, January 1854, and ten percent due 15, March 1854, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis on the fourth Monday of October next and on or before the sixth day thereof answer the petition of said plaintiff the same will be taken against him, said defendant, as confessed.

Order of Publication.

On motion of the plaintiff by its attorney, it is ordered by the Court, that the entry heretofore made herein on the nineteenth day of April Eighteen hundred and fifty five, be so amended as to read as follows, to wit: The Sheriff having made return that the said defendant against whom process issued in this cause, cannot be found, and the Court being satisfied that process cannot be served upon said defendant. It is therefore on motion of said plaintiff by its attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against the said defendant in the St. Louis Circuit Court, the object of which is to obtain judgment for the amount with interest of the balance of the defendants subscription of three shares to the stock of the plaintiff, to wit: five percent on said three shares due November 1, 1852, five percent due 1, March 1853, five percent due 1, May 1853, five percent due 1, July 1853, five percent due 1, September 1853, ten percent due 1, October 1853, ten percent due 15, November 1853, five percent due 15, January 1854, and ten percent due 15, March 1854, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis on the fourth Monday of October next, and on or before the sixth day thereof answer the petition of said plaintiff the same will be taken against him, said defendant, as confessed.

Non Suit.

Now at this day comes said plaintiff by its attorney, and says it will not further prosecute its said suit against said defendant, but voluntarily takes a non-suit. It is therefore considered and adjudged by the Court that said plaintiff take nothing by its said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof Execution.

Non Suit.

Now at this day comes said plaintiff by its attorney, and says it will not further prosecute its said suit in this behalf, but voluntarily takes a non-suit. It is therefore considered and adjudged by the Court, that said plaintiff take nothing by its said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof Execution.

Sheriff's Report of Sale of personality filed, and approved.

Non Suit.

Now at this day comes said plaintiff by its attorney, and says that it will not further prosecute its said suit in this behalf, but voluntarily takes a non-suit. It is therefore considered and adjudged by the Court that said plaintiff take nothing by its said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof Execution.

Non Suit.

Now at this day comes said plaintiff by its attorney, and says that it will not further prosecute its said suit in this behalf, but voluntarily takes a non-suit. It is therefore considered and adjudged by the Court that said plaintiff take nothing by its said suit in this behalf, but that said defendant go thereof without day, and recover of said plaintiff their costs and charges herein expended, and have thereof Execution.

On motion of the plaintiff by his attorney, it is ordered by the Court that a Dedimus issue herein on the part of said plaintiff to the State of California.

Now at this day come said plaintiffs by their attorney, and file a motion for Review, herein, which the Court having duly heard and considered and being fully advised of and concerning the premises, doth order that said motion be overruled. Bill of Exceptions filed.

Motion for new trial & reasons, filed and ten days given defendants to file affidavits.

Now at this day comes said defendant and files a bond, with John Brooks, as Principal, and James E. Darst, as Security, conditioned according to law, for its release herein, which bond is approved by the Court.

Order of Sale.

Edwin Ellis and John Y. Page, assignees of said Alonzo Newell and Abner Hitchcock, having given bond with approved security for the faithful execution of their trust; It is ordered that the said assignees proceed to sell the estate assigned to them, consisting of furniture, stock and fixtures, and valued at about Four thousand dollars, as soon as possible at public auction, having first given ten days previous notice of the time, terms and place of said sale by advertisements, either by hand bills or in the newspapers of the City, for cash, or on a credit not exceeding twelve months, and upon all credit sales the purchaser to give notes with good security, and further that said assignees be ordered to sell such portions of said stock at private sale, previous to said public sale, as to them may seem best, provided that no part of the same shall be sold for less than two thirds of the appraised value thereof. Appraisement and assignees Bond, filed.

Motion for trial by the Court, filed.

Order of Sale.

Turner Maddox, Esquire, Sheriff of St. Louis County, representing to the Court, that, the personal property by him attached, by virtue of the writ of attachment herein, before the probable termination of this suit may depreciate in value, and that the keeping of the same will be attended with great expense. It is ordered by the Court, that the said Sheriff do proceed to sell according to law, the property by him as aforesaid attached, and that he make report of his proceedings herein, to this Court, with all convenient dispatch.

Motion to set aside verdict, and grant a new trial, filed.

Recognizance.

Charles R. Combs as principal, and James B. Ricords as his security, here in open Court, acknowledge themselves to owe the State of Missouri the sum of Five hundred dollars, to be levied of their respective goods and chattels, lands and tenements : Yet upon condition that if the said Charles R. Combs shall personally appear before this Court on the first day of the next term thereof to be begun and held at the City of St. Louis within and for the County of St. Louis on the fourth Monday of October next and from day today during said term, and on the first day of any future term and from day to day during any such future term to which this cause shall be continued, to answer to an indictment found against him for Grand Larceny, and shall not depart the Court without leave thereof, then this recognizance to be sold, else of full force.

Now at this day come the parties aforesaid by their respective attorneys, and thereupon comes also a Jury, to wit: John Inman, Adam Coogle, E. W. Hyde, Thomas G. Burgess, James Ritter, J. D. Hutchinson, Jacob Sweifort, E. A. Goff, William S. Bachman, G. H. Littleton, Joseph Hineman, and Samuel Willi, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined herein, the trial of this cause commence when upon the request of G. H. Littleton one of said Jurors, and by consent of parties, he was discharged as such Juror, and the trial progressed with the remaining eleven Jurors, and the evidence being concluded, further proceedings are continued until to-morrow morning.

By consent of parties, it is ordered by the Court, that the motion for an order of attachment against George D. Little assignee of said Samuel B. Sherer, herein, be dismissed at the costs of said George D. Little, and that Execution issue therefor.

Answer of Defendants, filed.

Accounts, Numbers 1, 2, & 3, of P. Farrell, Receiver, filed.

Satisfaction.

Now at this day comes said plaintiff, and acknowledges to have received full and entire satisfaction of the Judgment heretofore rendered herein against said defendant.

Judgment.

Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the argument of Counsel being heard, the Jurors aforesaid upon their oaths aforesaid, find the issues herein joined in favor of the plaintiff, and assess his damages at the sum of One hundred and seventeen dollars and twenty six cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid by the Jury found, and also his costs and charges herein expended and that he have therefor Execution.

Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court proceeded to hear the same, but not having concluded at the hour of adjournment, further proceedings are continued until to-morrow morning.

Judgment on Demurrer.

The Plaintiff having failed to amend her Petition within the time given for that purpose, now, on motion of the attorney for the defendant, the Court doth proceed to render final Judgment upon the Demurrer to said Petition, as follows, to wit : Now at this day come the parties aforesaid by their respective attorneys, and the Court having duly heard and considered the Demurrer of said defendant to the petition of said plaintiff, and being thereof fully advised, doth order that said demurrer be sustained. It is therefore considered and adjudged by the Court that said plaintiff take nothing by her said suit in this behalf, but that said defendant go thereof without day. It is further ordered by the Court that said defendant pay the costs of this sit and that Execution issue therefor.

Robert S. Eddy, to whom Thomas R. Posey assigned all his property and effects, files an Inventory of such property and effects, duly verified by affidavit, whereupon on motion of said assignee by his attorney, it is ordered by the Court, that William Adriance, M. V. L. Mc. Clelland, and James H. Eddy, be appointed to appraise said property and effects, so as aforesaid assigned.

Now at this day come again the parties aforesaid by their respective attorneys, and thereupon the hearing of this cause progressed, but not being concluded at the hour of adjournment, the same is laid over until to-morrow morning.

Sheriff's Report of Sale filed, and the same being presented to the Court for confirmation, and the Court being satisfied that the same is just and correct and no objection being made to the confirmation thereof, It is ordered by the Court that the same be confirmed.

Petition presented by attorney for the Plaintiff, and on his motion, the hearing of the same is continued until the twenty eight instant.

Petition presented by attorney for the Plaintiff, and on his motion, the hearing of the same is continued until the fifth of July next, and it is ordered that defendants not served be brought in by giving them ten days notice of said hearing, in the usual manner.

Continued.

Continued.

Continued by consent.

Continued by consent.

Continued by consent.

Now at this day come again the parties aforesaid by their respective attorneys, and the hearing of this cause progressed and being finished, the same lies over for Judgment.

Satisfaction. Now at this day comes said plaintiff, and acknowledges to have received full and entire satisfaction of the Judgment heretofore rendered herein.

The motion of the defendant for a new trial herein, being duly heard and considered by the Court, and the Court being fully advised of and concerning the premises, doth order that said motion be overruled.

The Court having duly heard and considered the motion for a Review herein, and being fully advised of and concerning the premises, doth order that said motion be sustained, and that said Review be had at the next term of this Court.

The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth order that said motion be overruled, by consent until fifth July next given to file Bill of Exceptions herein.

Judgment.

Now at this day come the parties aforesaid, by their respective attorneys, and submit this cause to the Court, upon the agreed statement herein filed, which being seen and heard and by the Court now fully understood, the Court doth find for the plaintiffs. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum of five hundred and fifty five dollars and seventy five cents, damages, with their costs and charges by them in this behalf expended, and have thereof Execution.

Appraisement filed, assignees Bond filed & approved by the Court, and on application of Robert S. Eddy, assignee of said Theodore R. Posey. It is ordered by the Court that said assignee do proceed to sell the goods, wares and merchandize and stock in trade assigned to him, at private sale, for the period of sixty days, from and after the date of this order, and after that period he may sell the remainder at public auction, said sales to be made for cash on all sums less than two hundred dollars and all sales exceeding that amount may be made on a credit of ninety days, the purchasers giving the their noteswith approved endorsers.

Continued by consent.

By consent of parties, further time until Saturday next, is given defendants to answer herein.

Now at this day comes Wiley J. Stratton, Executor of said William C. Jewett, by his attorney, and enters his appearance as party defendant herein.

Agreement filed, and cause continued by consent.

The Court having duly heard and considered the motion of said Garnishee to set aside the default herein, and being fully advised of an concerning the premises, doth order that said motion be sustained, and that said default be set aside at the costs of said Garnishee, and that Execution issue therefor. Leave given defendant to answer at any time during present term.

The Court having duly heard and considered the motion to set aside the non suit herein, and being fully advised of and concerning the premises, doth order that said motion be overruled. Till fifth July given Plaintiff to file Bill of Exceptions.

The Court having duly heard and considered the motion of said Plaintiff to set aside the non suit herein, and being fully advised of an concerning the premises, doth order that said motion be overruled.

The Court having duly heard and considered the motion to suppress the deposition of Spencer A. Turner, herein, and being fully advised of and concerning the premises, doth order that said motion be sustained.

The Court having duly heard and considered the motion for a new trial herein and being fully advised of and concerning the premises, doth order that said motion be overruled.