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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Sik a it
tarze de Mai dermier, fils de Maries-Louis
Eselave de
mulatre libre, mareine,
libre qui ne Saventh Signer.
Copie Conforme a
l'original
fathers of the
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
of
against
and that he may be permitted to sue as a poor person
thereupon the court permit the said
said and
direct on action of assault and Battery and false
imprisonments to be
brought in the name of the said
by his next friend
said defendant permit the said defendant
the court when occasion may require it and that the said
petition shall not be taken or removed out of the juris
diction of this
court or be subject to any severiety of treatment
an account of his
application for freedom
A True Copy of the Rule
Served this notice on
reading it to him on the
in town of
friend R Camp
vs
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This is an action of
& Battery &
to
of the
Executed this
writ by
& the
to the Defendant
on the
1829, in the Town
of
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
trespass. For that the said
October eighteen hundred & twenty six with
assault upon the said
then & there beat bruised and ill-treated him the
that his life was thereby
And also for that the said
October eighteen hundred &
twenty with
assault upon the said
then & there beat and bruised & ill-treated him the said
then & there imprisoned him the said
him in prison then without any
whatsoever for a long time to wit for the space two years then
next following, contrary to the laws & customs of this State aforesaid
and against the will of the said
said
the said
wherefore the said
damage to the amount of $ 1,000 and therefor he by his
next friend
The command you to summon
that he be and appear before the Judge of our
of
the first Monday in October next then and there
to
of the said plaintiff of one thousand dollars -
and have you then there this
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
doux by his attornies comes and defends the wrong
and injury when &c. and says that at the time of the
committing of the said
ces he the said
the said
wherefore he
action thereof against him &c.
filed page 195
Book 3
And
that he ought not to be
having his aforesaid action thereof against the
Defendant because he says that at the of the
committing the aforesaid
said
e&.
Filed
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ment
the above defendant you will take
the 18th.
and four in the afternoon of that day I shall
take the deposition, of certain
evidence or the trial of the aforesaid cause on the part of
the
by giving a
copy himself
for
in
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to Summon
that setting aside all manner of excuse and delay- he. be and appear in proper person before the Judge of
our
and there to testify and the truth so say in a certain matter of controversy now pending in our said court,
wherein
and
on the part of
Served on
C.
the
John R.Walker
Sheriff
by
for
Alexeis
for
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to Summon
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of
our
and there to testify and the truth so say in a certain matter of controversy now pending in our said court,
wherein
and
on the part of the
Executed this writ on Joseph V.
vs
Francis
for
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Camp his next friend who sues as a poor
person by
of
For that the said Defendant heretofore
to unto on the
the year Eighteen Hundred & twenty
assault Beat and ill treat the said
and did then & there seize & lay hold of the
said
said
him the said
reasonable or probable cause whatsoever
and still does detain & imprison the said
to the said
damage of
of one thousand dollars and therefore
he sues &c.
And for that the said Defendant theretofore
to writ on the day and year aforesaid at
the county aforesaid with force & arms did then & there assault
beat wound
him the said
him the said
probable
and still does at the county oforesaid detain
and imprison him the said
any provable or
and against the will and consent of him
the said
the said
& against the peace & dignity of the state
of
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
And also for that the said Defendant heretofore
to
at the county aforesaid withforce & arms made
assault upon him the said
beat
him the said
held detained and inprisoned him the said
& has ever since held detained and imprisoned
him the said
and imprison him the said
will & consent & without any legal cause whatsoever
and other wrongs to the said
dent
at the county aforesaid
he brought suit &c.
Action Assault
& Battery & false
imprisonment
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to Summon
that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of
our
and there to testify and the truth so say in a certain matter of controversy now pending in our said court,
wherein
and
on the part of the plaintiff and have you then there this writ,
vs
for
Executed this writ on J.
4th 1823
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You are hereby commanded to Summon
that setting aside all manner of
our
and there to testify and the truth so say in a certain matter of controversy now pending in our said court,
wherein
and
on the part of the
Executed on the
in
vs
for
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to Summon
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of
our
and there to testify and the truth so say in a certain matter of controversy now pending in our said court,
wherein
and
on the part of the
Executed on
on the
1824
vs
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to Summon
that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of
our
and there to testify and the truth so say in a certain matter of controversy now pending in our said court,
wherein
and
on the part of the
vs
for
Executed on
John
on the
1824
=ndox
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to Summon
that setting aside all manner of excue and delay he be and appear in proper person before the Judge of
our
then and there to testify and the truth so say in a certain matter of controversy now pending in our said
court, wherein
and
on the part of the plaintiff and have you then there this writ.
vs
for
Executed this writ on
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to Summon
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of
our
then and there to testify and the truth so say in a certain matter of controversy now pending in our said
court, wherein
and
on the part of the
Executed this writ on
vs
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to Summon
that setting aside all manner of excuse and delay he be and appear in proper peron before the Judge of
our
then and there to testify and the truth so say in a certain matter of controversy now pending in our said
court, wherein
and
on the part of the
vs
for
Executed on
Jos V.
on
1824
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to Summon
Lanaudeer dit Langue
that setting aside all manner of excuse and delay
our
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein
and
on the part of the
Executed
John
on the
1824
Lanandin
the
1824
vs
Jos. Robidoux
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to Summon
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of
our
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein
and
on the part of the
Executed this writ on Saml D. Solomon
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to Summon
that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of
our
and there to testify and the truth to say in a certain matter of controversy now pending in our said court,
wherein
and
on the part of the
Served this
writ on
This city of
vs
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We command you to attach
if
with before the judge of our circuit court, now sitting at the city of
unto the
mitted, in not attending as a witness in a case of
plaintiff, and
is defendant, on the part of the
after being legally summoned by the sheriff of the said
county, and have you then there this writ.
Executed this writ
9th 1824
and have the Body
of said
Court
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You will please take notice that
in the case of
of error to the
the 3rd Judicial
heretofore obtained by you against said
aforesaid. The
the first Monday of November next
You are also notified that if you take
said
You will be held responsible on your recognizance
You will therefore not remove said
permit.
A copy of the within notice was served on Jos.
vs
notice.
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This day came before Mr
her grand son he
& burn after the
that Parts of
in the year
with him from infancy
affidavit of
Jeffry
vs
Jos. Robidoux
Affidant filed
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The said
of the court have first had and obtained
by
to set aside the judgment in the above
cause, for irregularity, in this that it
affairs that the verdict was
upon on
Plaintiff was at the time of the
of the replication, and when the verdict
and judgement was
under the age of 21 years and he did
not appear by
but
no
according to law for said
and said
a
to then cause why the said judgement
for the irregularities aforesaid and others
should not be set
Reasons
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
At a
of the
third Judicial Circuit of the
Circuit Attorney
and
Court adjourned from time to time until
Court met pursuant to adjournment present same Judge
On motion of Mr
to appear as the attorney of the said Jeffrey and the
said attorney files the affidavit of
to wit; on the said
term aforesaid on motion of Mr.
Ruled that said
this court why the Judgement entered at the June term of this court
in the
said plaintiff should not be set aside for irregularity
I
for the
of the orders made in the case of Jeffrey vs
November Term of the
Second this notice or order of Court upon
notice & further of reading the same, at the
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Jeffry
vs
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You are hereby commanded to summon
Church
that setting aide all manner of excue and delay, he be and appear in proper person before
the Judge of our
pending in our said Court, wherein
and
part of the
vs
Jeffrey
Executed this writ on R
to them the
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
aide the proceedings for the
following
1 Because the Record
or
2 because it appears by the
Replication to
&
Where party may
427 - also
2 East 110 589 /
It is said because in
in
a
by
vs
I
the proceeding
the papers
courts is not to
authority
and I have not been able to find our case in all
the
proceedings where they are
or where the name of the party has been used
without authority on Motion. I should
attorney appears for his
the courts have in some
by the
maintain a suits
him for the
vs
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
in this cause should not be set aside for
said
record & proceedings in said cause. the said
Guardian or
derived from an order of which the following
is a copy of here
(The said plaintiff
at the time of the
at and at the time of the
he was an
years namely that he was burn the
day of May 1806
this
to set aside said judgments for
to the business at the courts in refusing to hear
the
said rule and refusing to set aside said judge
--ments said
part of the record
Jeffrey
vs
Robidoux
Bill of exceptions
Bill of exceptions
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In
It appears by the record that in the
year
Camp his next friend by
torny at case presented his petition to the
-son for his freedom The leave was granted the suit was
instituted and the proceedings afterwards were carri-
ed on by Jeffrie & R Camp the next friend - by their
attorney a trial was had verdict and judgment
were against
the Court Jaffrie maved the Court to Set aside the
judgment on the ground of the proceedings being
irregular and produced evidence to
the time the suit was instituted and judgments ren-
dered he was an infant under the age of twenty
one years the Court refused to set the proceedings
aside and the whole case is brought to this Court by a writ of Error
The points made by the plaintiff in error
are that the court erred in confusing to
the judgment for irregularity secondly that
the plaintiff appeared by a next friend and
by attorney in the court below so that if he were
an infant the appearance by an attorney is error
and thirdly that if the record does not show the
infancy of the plaintiff then the court must
take the truth to be that
and that an adult except in cases of coventure
cannot appear by a next friend.
On the first point it is not untirely clear that the court
should have set the proceedings asides for the irregu-
larity was occasioned by the act of the plaintiff or
by the act of some one who pretended to act for him
But on the second ground there is manifest error in
the judgment and proceedings
The law is that when an infant has cause of suit
the suit may be commenced by guardian or next friend previ-
ously appointed according to law and where none has been ap-
pointed them the guardianship or next friend may be made with-
out any other formality than the next friend acknowledging in
open court that he will act as such or the evidence may be
made by the acknowledgement being in writing and filed
with the declaration no such evidence
there was therefore no lawful
in fact act. Now if it did appear that the plaintiff was
an infant which it does not it would be error to ap-
pear by an unauthorized person this person apprears by
attorney as well as by next friend this would also be
error if the plaintiff were an infant But so far as any thing
appears by the record We are bound to suppose that this per-
son was not an infant nothing appears by which we
could
more than in other Cases accepts by a subsequent affida
-vit in every case the court will take every plaintiff and
every defendant to be of full age till the point is made and
the evidence heard and though Judgment be wondered against
an infant it is good
the purposes for which the partys age is to be now consid-
er take the plaintiff to have been of full age at the time the
suit was commenced it was unlawful therefore for R
Camp to present herself as the next friend of this man in
the way she did no one has a right to bring a suit
or do the business of another so as to make his acts bind
-ing in law upon that other person without his or her Consent
It is urged by the Counsel for the defandant in error that
this was a proceeding under the statute which anthor as as
persons holden in slavery to sue as poor persons for free-
dom We have no doubt that the proceeding was of that
character The act of the legislature on that subject
provided that when any person holden in slavery shall
wish to prosecute his suit for freedom he or she shall
shall present a petition to the court for have to sue and
if the court shall be of opinion that the claim to
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
freedom is well founded that have shall be given to the pe
titioner to sue as a poor person and the court shall assign the
petitioner Counsel in this Case no Counsel was assigned But
med that the plaintiff was an infant and that R Camp was
the next friend This act respecting suits for freedom leaves
the common law as it was before its passage as to the
rights of infants to sue If counsel has been appointed
in this Case still the question how shall an infant appear
would be the subject of Consideration If counsel had
been appointed in the Case and no pretended next friend
had interfered then there would have been a binding judg-
ment until reversed We cannot sue how this Judgment
can be supported it is perhapse both erroneous and ir-
regular irregularity is no cause of reversal until the
court below have actiol on the irregularity that has been
done in this case
The Judgment is reversed with costs and remanded
to the
Error from
And now at this day come the
parties aforesaid by their respective attornies and the court
now here being sufficiently advised of and concerning
the premises consider that the judgment aforesaid in
form aforesaid by the said
versed and for nought held and esteemed and it is ordered
by the Court that the Cause be remanded to the said
in Conformity with the opinion of this Court deliv-
ered in this case and it is further considered by the
Court that the said Jeffrey recover of the said
pended and that he have thereof execution.
3rd Inde. district
sat
I
for the third Judicial district in the state of Mis-
souri do certify the foregoing is a true and full
copy of the opinion of the said court delivered in
the said case of Jeffrey vs
of the Judgment of the said Court
Jeffrey vs
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit
pending in our said Court, wherein
plaintiff, and
on the part of the
Jeffry
vs
Josh
for
Executed on
of a court
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excue and delay, they be and appear in proper person before the
Judge of our
pending in our said Court, wherein
plaintiff, and
is
on the part of the
for plff
Louis Languedoc
not found
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You Are Hereby Commanded To Summon
that setting aside all manner of excue and delay, they be and appear in proper person
before the Judge of our
controversy now pending in our said Court; wherein
is
is
and have you then there this writ.
Jeffrey
for plff
witnesses
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You Are Hereby Commanded To Summon
that setting aside all manner of excuse and delay, They be and appear in proper person
before the Judge of our
controversy now pending in our said Court, wherein
plaintiff, and
is defendant, on the part of the plaintiff
and have you then there this writ.
Served this writ on J Deroin
on
on the
found
vs
for plaintiff
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You Are Hereby Commanded To Summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
controversy now pending in our said Court, wherein
plaintiff, and
defendant, on the part of the
and have you then there this writ.
Executed this writ an Robert
day of November 1832
in my County
Louis Languedoc since found and summoned and the
County J. F Walker Shff
Jeffrey
vs
for plff
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our
at the
now pending in our said Court, wherein
plaintiff, and
defendant, on the part of the
and have you then there this writ.
Executed this writ by reading it to
doc 5th
in my country
Jeffrey
vs
for the plaintiff
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our
at the
now pending in our said Court, wherein
plaintiff, and
defendant, on the part of the
and have you then there this writ.
vs
for plaintiff
Executed this writ on
July 1833
=doc
in my county
Service 50
$1.00
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our
at the
now pending in our said Court, wherein
plaintiff, and
defendant, on the part of the plaintiff
and have you then there this writ.
vs
for plff
Executed this writ on
November 1833
Louis
F & J Deroin not
found D.Solomon Dead
Service 50
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our
at the
wherein
plaintiff, and
part of the
Jeffrey
vs
for
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff, and
part of the
for
Executed this writ on
the
my County
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
the truth to say in a certain matter of controversy now pending in our said Court,
wherein
part of the and have you then there this writ.
Jeffrey vs
for
Executed this writ on
14th on
in the
Louis
County
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You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper
person before the Judge of our
day of
testify and the truth to say in a certain matter of controversy now pending in
our said Court, wherein
is
Jeffry vs
for
Executed this by Reading A
1835
and
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You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
the truth to say in a certain matter of controversy now pending in our said Court,
wherein
Executed this writ on
it to him on the
for
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper
person before the Judge of our
testify and
the truth to say in a certain matter of controversy now pending in
our said Court,
wherein
is
is
for
Executed this by Reading it to
the
and
County
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper
person before the Judge of our
day of
tesify and
the truth to say in a certain matter of controversy now pending in
our said Court, wherein
plaintiff and
is
Executed this writ by reading it to
the
not found in my
County
for
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Be it remembered that heretofore to wit at
a term of the
at the then Town of
the Year Eighteen hundred and Twenty two
the
had to
chael Camp = vs =
of
be permitted to sue as a poor person = Thereupon the court permit the
said
Battery and false imprisonment to be brought in the name of the
said
Order:
defendant permit the said
of attending his counsel and the court when occasion may require
it and that the said petitioner shall not be taken or remove
out of the jurisdiction of this court or be subject to any severity
of treatment on account of his application for freedom =”
afterwards to wit on the
by his attorney filed, in the Office of the Clerk of the said
Declaration = "
and by
of trespass = For that the said
day of October eighteen hundred and twenty
made an assault upon the said
foresaid and then and three beat bruised and ill=treated him
the said
there dispaired of = And also for that the said
on the on the
twenty
there
the said
kept and detained him in prison there without any reasonable or
probable cause whatsoever, for a long time to wit for the space of
two years then next following - Contrary to the laws and customs of
this state aforesaid and against the will of the said
and other wrongs to the said
to the great damage of the said
dignity of the State, wherefore the said Jeffrie Saith he is injured
and hath sustained damage to the amount of $ 1,000 and therefore
he by his next friend aforsaid sues &c Pettes atty for Plff =” Where=
upon a summons issued from the office of the said Clerk in the
words & figures following to wit "
you to summon
the Judge of our
at the Town of
the first Monday in October next then and there to answer unto
plea of trespass to the damage of the said plaintiff of one thousand
dollars and have you then there this writ Ls Witness
1822
Return with the following Sheriff Return viz “Executed this writ by reading
it and the declaration to the defendant
And afterwards to wit on the
said last mentioned year the following plea was filed in said
cause to wit = "
boy
comes and defends the wrong and injury when &c and says that at
the time of the commmitting of the said several supposed greivances
he the said
and this he is ready to verify wherefore he prays Judgment
if the said
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
wound, bruise & ill treat the said
seize, lay hold of & falsely imprison him the said
then and there kept & detained him the said
against his will without any probable or reasonable cause what
soever and still does at the county aforesaid detain and impris-
on him the said
soever and still does at the county aforesaid detain and impris=
on him the said
whatsoever and against the will and consent of him the said
to the damage of the said
lars & against the peace & dignity of the state of
& therefore he sues &c -
the said Defendant heretofore to wit on the day and year
last aforesaid at the county aforesaid with force and arms made a assault upon him the said
beat, bruised, wounded, maimed, and ill-treated him the said
prisoned him the said
without any legal cause whatsoever & has ever since held, detain
ed and imprisoned him the said
and imprison him the said
without any legal cause whatsoever and other wrongs to
the said
aforesaid at the county aforesaid then and there did against
the peace and dignity of the
damage of the said
he brings suit &c
on the
was filed in said cause to wit = "
Jeffrey = And the said
fends the wrong and injury when &c and says that the said
Jeffrey ought not to have or maintain his aforesaid action
thereof against him the said
the said Jeffrey is his slave, without this that the said Jeffrey
at the time of the commencement of the said suit was a
free person and of this he the said
the country &c Shother & Coseuz” - “And the said Plff by his attorney
on the same day and year the follow replication to the aforsaid
Replication plea was filed to wit = “And the said Plaintiff, by his attorney
for replication to the aforesaid plea of the said defendant says -
that he ought not to be barred or precludeds from having his
aforesaid action thereof against the said defendant because
he says that at the _ of the committing of the aforesaid assault
& Battery & False Imprisonment he was not the slave of him
the said
be inquired of by the country
to wit on the
and twenty three
further precedings were had to wit "
doux On motion of the Defendant by his attorney leave is given
him to amend his pleadings” Whereupon in the year
last aforesaid & on the thirty first day of the said month of Oc-
tober the following amended declaration was filed music pro tune by consent in the office
Declaration = of the said Clerk to wit "St Louis County =
ary Term 1823
friend who sues as a poor person by
of
& false imprisonment. For that the said Defendant heretofore
to wit on the
and twenty
force & arms did then and there assault beat and ill treat
the said
the said
frie and then & there kept and detained him the said
in prison against his will & without any reasonable or probable
cause whatsoever & still does detains & imprison the said
peace and degnity of the
damage of him the said
and therefore he sues &c - And for that the said defendant
heretofore to wit on the day and year aforesaid at the County aforesaid with force and arms did then and there assault, beat
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does the like -
Term of our said Court to wit on Thursday the
the year eighteen hundred and twenty four
ings were had in said cause to wit "=
the parties aforesaid by their respective attornies aforesaid and
thereupon also come a Jury to wit =
Robinson Kelly, More, Francis M Johnson Louis C Benoit, Alfred
duly elected tried and sworn
issue within joined between the parties aforesaid upon their oaths a=
Verdict foresaid do say that the said
mencement of this suit was a free person = Therefore it is considered
that the said plaintiff take nothing by his said writ and that
the said defendant go thereof without day =.” And the said Cause
was continued from term to term until Friday the
of January eighteen hundred and thirty
further proceedings were had therein to wit “Jeffry = vs = Jo=
seph
the court to appear as the attorney of the said Jeffry and the
said attorney files the affidavit of
said affidavit is in the words and figures following to wit
Affidavit "
before me
held as a slave by
raised by
possession of that part of Louisianna now called
the year
has been well acquainted with him from his infancy
her X mark Camp, Sworn to before me
J P.” and on the same day and year last aforesaid the following
motion to set aside the verdict & reasons therefore were filed to wit=
Mo: to set aside
Judgment
"
moves the court, to set aside the judgment in the above cause, for
upon an issue not regularly made up, because the Plaintiff was
at the time of the filing of the aplication and when the verdict
and judgment was rendered, an infant under the age of twen-
ty one years and he did not appear by Guardian or next friend but by
attorney — Also because there was no guardian or next friend appointed
according to Law for said Jeffry, and said
that a rule be made on said
said judgment for the irregularities aforesaid and others should not
be set aside
Rule Following further proceeding were had in said cause to wit="
is ruled that said
court why the Judgment entered at the June term of this court in the age
should not be set aside for irregularity” And the following
Notice to Notice to the defendant aforesaid accordingly issued to wit = "
souri sct. A a
and for the
of said mouth in the year of our Lord one thousand Eight hundred &
twenty nine,
of the Third Judicial
ton
the county of
from time to time until Friday
uary 1830
Jeffry = vs =
by the court to appear as the attorney of the said Jeffry and the said
attorney files the affidavit of
to wit on the
term aforesaid - "On motion of Mr
it is ruled that the said
term of this court why the Judgment entered at the June Term of this
Court in the
said Plaintiff should not be set aside for irregularily = State of
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of the
above is a true copy of the orders made in the case of Jeffry
vs -
for the
nine
my hand and the seal of the said
Return to wit "Served this Notice or order of Court upon
doux by shewing to him the notice & further by reading to him the
same, at the city of
by D E Cyler Depty Shff" And afterwards to wit on Friday the
ing further proceedings were had in said Cause to wit “Jeffrey
vs =
by the court that the motion of the said Jeffrey to set aside
the Judgment heretofore rendered in this case be overruled” =
To which decision of the court overruling said motion the Plaintiff by
his attorney
Bill of Exception which is in the words and figures following to wit
Bill of Exceptions “Jeffrey = vs =
to show cause why the Judgment rendered in this cause should not be
set aside for irregularity the said
the record and proceedings in said Cause = The said Jeffrey showed that all
the authority which
ian or next friend had for so doing was derived from an order of which
the following is a copy =
praying that he may be permitted to institute a suit against
he may be permitted to sue as a poor person = there
permit the said
of assault and Battery and false imprisonment to be brought
in the name of the said
against the said
reasonable liberty of attending his counsel and the court when
occasion may require it and that the said petitioner shall not be
taken or removed out of the Jurisdiction of this Court or be sub=
ject to any seventy of treatment on account of his application
for freedom = The said Plaintiff also offered to prove that at the time
of the commencement of said suit and at the time of the condition of
the verdict & judgment he was an infant under the age of twen=
ty one years, namely that he was born the
May 1806
the rule & refused to set aside said judgment for irregularity
To the decisions of the court in refusing to hear the evidence
offered as aforesaid in discharging said rule & refusing to set
aside said judgments said Jeffry excepts & tenders this Bill of
exceptions which is signed and sealed and made part of the
records
in the Office of the Clerk of the Circuirt Court aforesaid, a transcript of the opinion
of the
Opinion Sup Court following to wit "
the Record that in the year
Camp his next friend by
presented his petition to the
to sue as a poor person for his freedom = The leave was granted, the suit
was instituted and the proceedings afterwards were carried on by
Jeffrie & R Camp the next friend by their attorney - a trial was
verdict and judgment were against
of the court
the ground of the proceedings being irregular and produced evi=
dence to show that at the time the suit was instituted & judgment
rendered he was an infant under the age of twenty one years, the
court refused to set the proceedings aside & the whole case is brought
to this court by a writ of Error = The points made by the plaintiff
in error are, that the court erred in refusing to set aside the Judgment for irregularity
Secondly that the plaintiff appeared by a next friend and by at=
torney in the court below do that if he were an infant the
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appearance by an attorney is error, and thirdly that if the record
does not shew the infancy of the Plaintiff then the Court must
take the
adult except in cases of coverture cannot appear by a next friend
on the first point it is not entirely clear that the court should have
set the proceedings aside for the irregularity was occasioned by the
act of the plaintiff or by the act of some one who pretended to act for
him, but on the second ground there is manifest error in the judgment
and proceedings = The law is that when an infant has cause of suit
the suit may be commenced by guardian or next friend previous=
ly appointed according to Law & when none has been appointed then
the guardianship or next friend may be made without any other
formality then the next friend acknowledging in open court that
he will act as such, or the evidence may be made by the acknowl-
edgment being in writing and filed with the declaration, no such
evidence exists in this case, there was therefore no lawful pro-
clein
the plaintiff was an infant which it does not it would be error
to appear by an unauthorized person = This person appears by
attorney as well as by next friend, this would also be error if
the plaintiff were an infant, But so far as any thing appears
by the record we are bound to suppose that this person was
not an infant — nothing appears by which we could distin-
guish that this plaintiff was not of age any more than in
other cases except by a subsequent affidavit — in every call
the Court will take every plaintiff and every defendant to
be of full age till the point is made and the evidence heard and
though Judgment be rendered against an infant it is good till
reverses = In this case then for all the purposes for which the
party's age is to be now considered we take the plaintiff to
have been of full age at the time the suit was commenced - It
was unlawful therefore for R Camp to present herself as the
next friend of this man in the way she did = no one has a
right to bring a suit or do the business of another so as to
make his acts binding in Law upon that other person without
his or her consent = It is urged by the counsel for the defendant
in error that this was a proceeding under
We have no doubt that the proceeding was of that character = The act of
the legislature on that subject provides that when any person holden
in slavery shall wish to prosecute his suit for freedom he or she
shall shall present a petition to the court for leave to sue and if
the court shall be of opinion that the claim to freedom is well
founded, that leave shall be given to the petitioner to sue as a poor
person and the Court shall assign the petitioner Counsel, in this
case no counsel was assigned, but leave is given to sue by his next
friend R Camp = It is assumed that the plaintiff was an infant
and that R Camp was the next friend = This act respecting suits
for freedom leaves the common law as it was before its passage
as to the rights of infants to sue*= *If counsel had been appointed in this case still the question how shall an infant appear would be the subject of consideration. If counsel had been appointed
in this case and no pretended next friend had interfered the
there would have been a binding judgment until coersed= We
cannot see how this Judgment can be supported it is perhaps
both erroneous & irregular- irregularity is no cause of reversal
until the Court below have acted on the irregularity_that has
been done in this case = The Judgment is reversed with costs and
remanded to the
George Tompkins = Judge
gave no opinion = Saturday
bidoux Error from
the parties aforesaid by their respective attornies and the court now here being sufficiently advised of and concerning the premises consider that
the Judgement aforesaid in form aforesaid by the said
dered by the Court that the cause be remanded to the said Cir-
cuit Court for further proceedings in said Cause in conformity
with the opinion of this court delivered in this case, and it is
further considered by the court that the said Jeffrey recover of the
said
prosecution of his writ of error in this case expended and that
he have thereof execution =
district
the third Judicial District in the
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the foregoing is a true and full copy of the opinion of the said
Court delivered in the said case of Jeffrey = vs =
and of the Judgment of the said Court rendered in the said case
as they remain in my Office Ss In testimony whereof I have
hereunto set my hand and seal of office at Office this
day of October in the year of our Lord one thousand eight hundred
and thirty one
continued from Term to Term & year to year until the July term
of the said
ty six
said Term the following further proceedings were had = to wit = "
by his next friend
of this court having been of counsel in various Causes in this court in=
volving the same principles as those contested in this cause it
is ordered that the venue thereof be changed to the county of
in the Judicial
the clerk of this court make out and transmit to the clerk of the
of the record and proceeding in said cause together with all the
original papers appertaining to and filed in the same —
State of
in and for said County certify the foregoing to be a true and com-
plete transcript of the Record and proceedings in the case of
vs =
my Office
vs
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And the said
his attorny
the wrong and injury when & C. and
says that the said
or mantain his aforesaid action
therof against him the said Rob-
idoux because he says that the said
the said
mencement of the said suit was a free
person and of this he the said Rob
idoux puts himself upon
the County &c.
by his Attorney does the
37
109
61
adm
Jeffrey
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vs
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Be it rememberer that at the August
Term of the
to wit on Tuesday the
in the year eighteen hundred and thirty
was filed in the Office of the Clerk of said
and proceedings in the case of
friend
Commenced in the
and there
of venue to the
said August Term of said
the
of August in the year eighteen hundred
and thirty seven
in
Change of Venue from
It appearing to the court that
that the change of venue awarded in this cause
had been improperly granted it is ordered that
the same be remembered to the
I
the
record and proceedings in the Case of
vs.
of record in my Office.