described in said Petition as follows, to wit: "Commencing nearly opposite Benoist's Gate, on La- clede Avenue, and running along between lots of Robert Ranken and T.F. Smith, and extending along between lots, the Western boundary of the Chouteau Mill Tract_" or in default thereof, to appear in this Court on the Sixth day of May, Eighteen hundred and forty four, then and there to show cause, if any there be, to the contrary.

Petition for Mandamus. Now at this day comes the Plaintiff by his Attorney and files a Petition herein, and thereupon on his motion it is ordered that a Mandamus issue, commanding said Board of President and Directors of the St Louis Pub- lic Schools to admit the said Jacob C. Beideman to a seat in said Board, as a member thereof, or in default thereof, to appear in this Court on the Sixth day of May, Eighteen hundred and forty four, then and there to show cause, if any there be, to the contrary.

It is ordered that the time for pleading be extended six days from and after the first Monday of May next.

Court adjourned until Tuesday, April 16th 1844, at 12 o'clock M.

Court met pursuant to adjournment; present, the Honorable John M. Krum, Judge; William Milburn, Esquire, Sheriff, and John Ruland, Clerk._

On motion of the Defendant by his Attor- ney, it is ordered that a Dedimus issue to the State of Illinois, to take the depositions of witnesses, to be read on behalf of said Defendant._

Plea filed.

Plea filed.

Plea filed.

Plea filed.

Plea filed.

Plea filed.

Plea filed.

Court adjourned until Wednesday, April 17th 1844, at 12 o'clock M.

Court met pursuant to adjournment; present the Honorable John M. Krum, Judge; William Milburn, Esquire, Sheriff and John Ruland, Clerk._

In partition. William McCutchen, Administrator of James McKnight, this day files a motion for an order on the Commissioners herein to pay over to him certain mon- ies in their hands belonging to said McKnight or his representatives._

In partition. William McCutchen, Administrator (with the will annexed) of Dudley Jones, this day files a motion for an order on the Commissioners herein to pay over to him certain monies in their hands belonging to said Jones as one of the parties in interest._

Petition in Debt. The Sheriff having made return on the Summons issued in this cause, that the Defendants were not found in his County, it is ordered that an alias Summons issue herein, returnable to the next term of this Court._

Court adjourned until Thursday, April 18th 1844 at 12 o'clock M. John M Krum .

Court met pursuant to adjournment; present, the Honorable John M. Krum, Judge; William Milburn, Esquire, Sheriff, and John Ruland, Clerk._

Petition for a Mandamus. Now at this day comes the Plaintiff by his Attorney and files a petition herein, and thereupon on his motion, it is ordered that said County Court of St Louis county restore the said John Sparks to the office of Collector of said County, or in default thereof, that it be and ap- pear in this Court, on Monday the twenty second day of April 1844, then and there to show cause, if any there be, to the contrary._

Petition to sue as a poor person. Now at this day comes the said Martha Ann, and files her peti- tion herein for leave to sue as a poor person, for her freedom, whereup- on it is ordered by the Court, that the prayer of said petition be granted; that said Martha Ann have leave to sue as a poor person; that Rosewell M. Field, Esq.

be assigned her as counsel; that she have reasonable liberty to attend her counsel and the Court, as occasion may require from time to time; that she be not removed without the jurisdiction of this Court, and that she be not subjected to any severity on account of her said application.

Petition to sue as a poor person. Now at this day comes the said James and files his petition for leave to sue as a poor person, for his freedom, whereupon it is ordered by the Court that the prayer of said petition be granted; that the said James have leave to sue as a poor person; that Rosewell M. Field, Esquire, be assigned him as counsel; that she have reasonable liberty to attend his counsel and the Court from time to time, as occa- sion may require; that he be not removed without the jurisdiction of this Court, and that he be not subjected to any severity on account of his said application.

Garnishment on Fi:Fa: John C. Abbott, one of the Garnishees in this cause, this day files a motion for a discharge from all further proceedings herein, and to quash the proceedings un- der the Execution upon which he was summoned as such Garnishee._

The Judge of this Court having heretofore been of counsel in this cause, it is ordered that the venue thereof be changed to the St. Louis Court of Common Pleas, and that the Clerk of this Court make out a full, true and complete transcript of the record and proceedings herein and transmit the same, duly certified, together with all the original papers filed in the cause and not forming part of the record thereof, to the Clerk of said St Louis Court of Common Pleas.

The Judge of this Court having heretofore been of counsel in this cause, it is ordered that the ven- ue thereof be changed to the St Louis Court of Com- mon Pleas, and that the Clerk of this Court make out a full, true and complete transcript of the record and proceedings herein and transmit the same, duly certified, together with all the original papers filed in the cause and not forming part of the record thereof, to the Clerk of the said St. Louis Court of Common Pleas._

Demand under the Statute. The Defendant by her Attorney this day withdraws the motion in arrest of judgment, and for a new trial, heretofore filed in this cause.

Garnishment of Fi:Fa: Said Garnishees, by their Attorney, this day file a motion to quash the proceedings herein, and discharge them for reasons filed.

Garnishment on Fi:Fa: Said Garnishees this day file a motion to quash the proceedings herein, and discharge them, for reasons filed.

-enty five links; thence N. 83°. 30'. W. Eight chains and Seventy five links to a Stone corner, which is the South East corner of a tract of a tract of one hundred and twenty arpens of land origi- nally owned by the widow Charleville or Louis Bompart, and confirmed to M Knight & Brady; thence N. 6°. 30'. E. with the Eastern boundary of the last mentioned tract and with the Eastern boundary of a tract of forty arpens of land originally owned by Joseph Boudoin elev- en chains and sixty six links to the North East corner of said last mentioned tract, originally owned by Joseph Bondoin; thence North 83°. 30' West, thirty one chains and seventy five links to a Stone corner, being also James Russells N.E. corner; thence South 6.° 30'. West, with the Eastern boundary line of the tract of land now owned by James Russell fifty chains and fifteen links to a post corner; also the South East corner of said James Russell's tract; thence South 83.° 30. East, thirty one chains and seventy five links to the beginning cor- ner Stone; being the same tract of land acquired by the said John D. McDonald from Ar- chibald Gamble by deed bearing date the twentieth day of September, in the year of our Lord one thousand eight-hundred and thirty two, and recorded in the Recorders office of St Louis County, August the fourteenth, eighteen hundred and thirty two, in Book T. page forty four & following._ Third: A certain other tract, piece or parcel of land situate, lying and being in the County of St Louis, being the North West fractional quarter of section thirty three and the South West fractional quarter of section twenty eight, both in Township fortny nine North Range Seven West, containing the quantity of two hundred and forty eight acres. Being the same tract of land acquired by said John D. McDonald from Archibald Gamble and Louisa his wife by deed bearing date the _ day of _ Eighteen hundred and _. Fourth: A certain other tract or piece of land, situate, lying and being in the County of St. Louis, near the City of St. Louis, and being in the Survey of the St. Louis Commons according to the plat and return thereof made by Charles De Ward in the year of our Lord Eighteen hundred and thirty six, and being represented on said plat as being Blocks number fifty seven (57) and forty four (44), containing seventy acres, being the same piece of ground, acquired by the said John D. McDonald from the Mayor, Alderman and Citizens of the City of St Louis, recorded in the recorder's office of Saint Louis County in Book C. page 424 & following._ Fifth A certain other tract or piece of land containing fifty five arpens (equal to forty six acres and seventy eight hundredths of an acre of land) situate in the County of St Louis, and about four miles from the City of Saint Louis, in Township forty five North Range Seven East; of the fifth prin- cipal meridian; which said fifty five arpens of land hereby conveyed, is five arpens wide, by Eleven arpens long; and is the Eastern end of a tract of two hundred arpens originally burned by Michael Lamney and is designated as Survey Number 1599: and which said fifty five arpens of land hereby conveyed, is bounded on the South by lands then described as lands owned and occupied by said McDonald; on the north by lands claimed by Mr. Caffery; on the East by lands the owner of which was not known to a certainty, by said parties; and on the West by the remainder of the aforesaid Survey No. 1599, which is still owned by said Russell. The said Western boundary to begin at the North West corner of the aforesaid tract; then owned and occupied by said McDonald; and should run thence N. 7.° 15. E. and precisely the same corner of the Western boundary of said tract, then owned and occu- pied by said McDonald, to the North West corner of the said fifty arpens, above described. Being the same tract of land acquired by the said John D. McDonald of William Russell by deed bearing date recorded in the Recorder's office of St Louis county in Book C. page four hundred and twenty two and following."_ And the Court doth appoint Archi- bald Gamble, John Bingham and Thomas D. Yeates, three respectable householders of the County of St Louis, Commissioners to admeasure and assign to the said Plaintiff her aforesaid Dower; and it is ordered that said Commissioners make report of their pro- ceedings herein without delay._

Plea filed.

Plea filed.

Plea and motion for a Bill of particulars, filed._

Plea and motion for a Bill of particulars, filed._

Plea filed.

Plea filed.

Plea filed.

Plea and motion for a Bill of particulars filed.

Plea filed.

Plea and motion for a Bill of particuars filed._

Ejectment. On motion of the Plaintiff, by her Attorney, it is ordered that the County Survey- or make a survey of the premises in dispute in this cause, and report the same to this Court, without delay

Ejectment. On motion of the Defendant, by his Attorney, it is ordered that the County Surveyor make a survey of the premises in dispute in this cause, and report the same to this Court, without delay._

Plea filed.

Court adjourned until Tuesday, April 30th 1844, at ten o'clock, A.M. John M. Krum

=tion of said Defendants, leave is given them to plead, whereupon they file their plea and notice of special defence.

-taining one hundred and nineteen acres and twenty nine hundredths of an acre bounded South by land of Hiram Cordell North by land of John Hempstead, East by land of the heirs of Jeba- diah Kingsley and West by land belonging to the heirs of Talbot known as McGirk's tract:" sold under and by virtue of an order of this Court, bearing date the twenty-third day of December, Eighteen hundred and forty two

Plea filed

Plea filed

Plea filed

Plea filed

Plea filed

Plea filed

Demand under the Statute Now at this day comes the Plaintiff by his attorney and says that he will not further prosecute his suit in this behalf but voluntarily suf- fers the same to be dismissed at his costs. It is therefore considered by the Court that said Defendant go thereof without day and recover of said Plaintiff the costs and charges in this behalf expended, and have thereof Execution.

Answer of James Jeffery filed.

George H. Moore and P.L. Hall, two credible witnesses, come into Court here and being duly sworn, from the execution of a Deed of Emancipation by Sarah W. Paca in favor of Lemon, aged about twenty two years. And it appearing to the satisfaction of the Court that said Lemon is of sound mind and body and is fully capable of supporting herself, it is ordered that said Sarah W. Paca be discharged from all liability for the support and maintainance of said negro woman.

George H. Moore and P.L. Hall, two credible witnesses, come into Court here and being duly sworn, prove the execution of a Deed of Emancipation by Sarah W. Paca, in favor of the following described slaves, to wit: "a negro woman, named Milly aged about thirty seven years and her two female children Jogetha and Matilda, the first named, Jogetha, aged about five years, and the second, Matilda, aged about two years: Also, one other woman named Lemmon, aged about twenty-two years and half sister to Milly, and two other minors namely, Lee, the son of Grace, aged about Eight years and William, the son of Matilda, aged about seven years:" And it appearing to the satisfact- ion of the Court that said Milly and Lemmon are sound in mind and body, and fully capable of supporting themselves, it is ordered that Sarah W. Paca be discharged from all liability for the support and maintainance of said negro woman.

George H. Moore and P.L. Hall, two credible witnesses, come into Court here, and being duly sworn prove the execution of a Deed of Emancipation by Sarah W. Paca, in favor of the following described Slaves, to wit: "a negro man named Abraham aged about twen- ty three years: a negro girl named Jane, aged sixteen years: a negro girl named Harriet aged about twelve years and a negro boy named Robert aged ten years. And it ap-

ses in their declaration mentioned, to wit; "A certain tract or piece of land, containing two arpens by forty arpens of land, in Prairie Lagrange, confirmed to Widow Hebert being in the Country of St. Louis; being the same land granted to the said Widow Hebert, the original Survey thereof being re- corded in Livre Terrien number Two page forty, and the Survey thereof by the United States, under the conformation numbered One thousand four hundred & Eighty-seven."_ and also their damages, and the monthly value aforesaid, in form aforesaid by the Court found and assessed, togeth- er with their costs and charges in this behalf expended, and have thereof Execution._

Trespass & Ejectment. Now at this day come the Plaintiffs, by their Attorney, and say that they will not further prosecute their suit in this be- half against the said Gabriel McClelland and Jacob Philips, but voluntarily suffer the same to be dismissed as to said last named Defendants; And thereupon the said Hester Boon, although demanded, comes not but makes default, nor hath she pleaded to said action, wherefore said Plaintiffs ought to recover against her, and not requiring a Jury to assess their damages, but consenting that the same be nominal, as also the monthly value of the premises in their dec- laration mentioned, the court doth find that said Plaintiffs have sustained damage, by reason of the trespass and ejectment in their declaration mentioned, to the amount of One cent, and that the monthly value of said premises, is one cent._ It is therefore considered by the Court that said Plaintiff recover of said Hester Boon, the following described premises, to wit: "A lot of ground in the City of St Louis, containing seventy-five feet in front on Almond Street, by one hundred and twenty feet northwardly in depth; being part of Block number Thirty-Eight, in the City of St Louis; the premises described in said declaration; bounded on the East by the Alley which runs through said Block, in a Northwardly & Southwardly direction; on the South by Almond Street, on which said lot fronts Seventy-five feet; on the West by a line running Northwardly & parallel to said Alley, one hundred and twenty feet; thence by a line parallel to Almond Street, to said Alley; being a part of the premises described in the declaration of said Plaintiffs;"_And also their damages, and the monthly value, aforesaid, in form aforesaid by the Court found and assessed, together with their costs and charges in this behalf expended, and have thereof Execution._

Debt on foreign judgment. Now at this day comes the Plaintiff, by his Attorney, and proves to the Court here, that the order of publication heretofore made in this cause has been duly published, the proof whereof is herein filed, yet the said Defendant, although demanded comes not not, but makes default, nor hath he pleaded to the action aforesaid, wherefore said Plaintiff ought to recover against him; and it appearing to the Court from the Record of the judgment herein filed, and on which this action is founded, that the said Defendant is indebted unto said Plaintiff in the sum of Six hundred and forty one dollars and Eighty-five cents, and that said Plaintiff hath sus- tained damage, by reason of the detention of said debt, to the amount of thity-five dol- lars and fifty-one cents; it is therefore considered by the Court, that said Plaintiff recover of said Defendant his debt aforesaid, in form aforesaid by the Court found to be due, as al- so his damages aforesaid, in form aforesaid by the Court assessed, together with his costs and charges in this behalf expended, to be levied and made of the property attached at the commencement of this suit, and have thereof Execution._

The Defendant this day files a motion and affidavit to set aside the judg- ment in this cause._

herein, wherefore said Plaintiff ought to recover against them, but it being unknown to the Court in what sums the said Garnishees were indebted unto said Plaintiff at the time they were summoned as such or what effects of said Defendant they then had in their charge custody a possession belonging to said Edward Mackinder, it is ordered that enquiring thereof be made.

Court adjourned until Friday, May 24th 1844 at nine o'clock A.M._

Friday May 24th 1844 Court met pursuant to adjournment present the Honorable John M. Krum, Judge: William Milburn, Esquire, Sheriff and John Ruland, Clerk

Trespass Now at this day come the parties by their attorneys and thereupon come also a Jury to wit: George Brewster, Joseph L. Papin, James Willoughby Charles F. White, Louis Patterson, John J. Palmer, B. Noecker, B. Dike- man, Frederick Cline, Patrick Lawler, Lewis McMurray and William Harris, twelve good and lawful men, who being duly elected, tried and sworn, the issue within joined between the parties aforesaid well and truly to try upon their oaths aforesaid do say that the said Defendant is not guilty of the trespass and flase imprisonment above laid to his charge in manner and form as in said declaration is mentioned_ It is therefore considered by the Court that said Plaintiff take nothing by his said action but that said Defend- ant go thereof without day.

The Plaintiff this day files a motion to set aside the judgment here- tofore rendered in this cause.

Trespass Now at this day come the parties by their attorneys and thereupon the motion of the Plaintiff to set aside the judg- ment heretofore rendered in this cause, is submitted to the Court which being seen, heard and fully understood, it is ordered that the same be overruled.

Garnishment on Fi: Fa: Now at this day come the parties by their attorneys and thereupon the motion of M. Lewis Clark one of said Garnishees to strike out the allegations & Interrog- atories filed against him in this cause is submitted to the court which being seen, heard and fully un- derstood, it is ordered that the same be sustained and on motion of said Garnishee it is ordered that he be discharged from all liability, as such, at the costs of said

ant, it is therefore considered by the Court that said Demurrer be sustained, and that said Plaintiff take nothing by his suit in this behalf, but that said Defendant go thereof without day and recover of said Plaintiff his costs and charges in this behalf expended, and have thereof execution.

Petition for Dower. Frederick Hyatt and David Thomas, a majority of the Commission- ers appointed by the Court to admeasure and assign the Dower adjudged to said Plaintiff, having heretofore filed their Report, stating that the premises in said order mentioned, are unsusceptible of division agreeably to said judgment, without great injury there- to, it is ordered that said Report be approved, and that a Jury be empannelled and sworn to assess the value of the Dower aforesaid and the Damages of said Plaintiff, by her sustained by reason of the detention of her said Dower._

Assumpsit. Now at this day come the parties by their Attorneys & thereupon the motion of said Defendant to dismiss this cause is submitted to the Court, which being seen, heard and fully understood, it is order- that the same be sustained unless said Plaintiff shall, within ten days, pay the "Jury fee" required by Law._

Scire facias to revive judgment. Now at this day come the parties by their Attorneys, and thereupon all & singular the premises pertaining to the Demurrer of the Defendant to the Scire facias herein, are submitted to the Court, which being seen, heard and fully understood, for that it appears to the Court that said Scire facias is sufficient in Law to warrant a revival of judgment and award of execution, it is therefore considered by the Court that said Demurrer be overruled: And on motion of the Plaintiff, leave is given him to amend his said Scire facias, by striking out, in the fifteenth line thereof, the word "forty" and inserting in lieu thereof, the word "twenty," which is done._ and leave is also given the Defendant to plead._

Court met pursuant to adjournment; present, the Honorable John M. Krum, Judge; William Milburn, Esquire, Sheriff, and John Ruland Clerk.

Trespass. The Judge of this Court having heretofore ated as Counsel in this cause, it is ordered that the venue thereof be changed to the St Louis Court of Common Pleas, and that the Clerk of this Court make out a full true and complete trans- cript of the record and proceedings in this cause and transmit the same, duly certified, together with all original papers filed in the cause and not forming part of the record thereof, to the Clerk of said Court of Common Pleas.

-ages of said Plaintiff, by her sustained by reason of the detention of her said Dower, upon their oaths aforesaid do say, that the said Plaintiff has sustained damage by reason of the detention of her said Dower in the said land in her petition mentioned in the sum of Five hundred and fifty-two dollars and seventy-seven cents; and they do further find the yearly value of the said Plaintiff's Dower to be the sum of Sixty-six dollars and sixty-six cents and three fourths of a cent; It is therefore considered by the Court that the said Defendant do pay to the said Plain- tiff, on the twenty-seventh day of May, Eighteen hundred and forty-five, and on the same day in each and every year thereafter, during the natural life of the said Plaintiff, and un- til her decease, the sum of Sixty-six dollars and sixty-six and two thirds cents, as an allowance in lieu of her said Dower in the premises in her petition mentioned and described; and it is further considered by the Court that said Plaintiff do recover against said Defendant her damages aforesaid in form aforesaid by the said Jury assessed, together with her costs and charges in this behalf expended, and have thereof Execution._ The Defendant this day files a motion for a new trial, and the affidavit of himself & N. Holmes, in support thereof._

Petition for Dower. Now at this day come the Plaintiffs, by their Attorney, and the Defendant by Singleton H. Kimmell her guardian ad litem, who files the answer of said Defendant, whereupon, all and singular the premises being by them submitted to the Court, and by the Court seen, heard and fully understood, the Court doth find that the said Samuel Henley and Anne E. Hen- ley his wife, are entitely, in right of the said Anne E. Henley, to Dower, to wit, to the one equal undivided third part of the estate which was of Walter Williams, late husband of the said Anne E. Henley, at the time of his death, in the premises in said Petition described, to wit;_"sit- uated in the said County of St Louis, bounded and described as follows, one tract being the South-West fractional quarter of section number twenty-eight, in Township number forty-seven, North in range number seven East, containing one hundred and thirty-five acres and forty- four hundredths of an acre in the district of lands offered for sale at St Louis in the State of Mis- souri; also one tract being the North-West fractional quarter of section number twenty-eight in Township number forty-seven in range number seven East containing nine acres and ninety hundredths of an acre in the district of lands offered for sale at St Louis, in the District of St Louis in the State of Missouri;" to hold and enjoy the same during her natural life._ It is therefore consid- ered by the Court that said Samuel Henley and Anne E. Henley his wife, in her right do re- cover of the detention of said Dower in nsaid premises, from and after the death of said Walter Williams, late husband as aforesaid of the said Anne E. Henley; and the Court doth appoint Thomas Graham, John K. Walker and James Bissell, Commissioners to admeas- ure and assign the said Dower, according to the Stature in such case made and provided._

Trespass. The Judge of this Court having heretofore acted as counsel in this cause, it is ordered that the venue thereof be changed to the St Louis Court of Common Pleas and that the Clerk of this Court make out a full, true and complete transcript of the record and proceedings herein and transmit the same, duly certified, together with all the original papers filed in the cause and not forming part of the record thereof, to the Clerk of said Court of Common Pleas._

Trespass. Now at this day comes the Plaintiff by her Attorney, and says that she will not further prosecute her suit in this behalf, but voluntarily suf- fers the same to be dismissed at her costs;_ It is therefore considered by

Continued._

Continued.

Trover. Now at this day comes T. Polk, Esquire, Attorney for the Plaintiff, and suggests to the Court here the death of said Defendant, whereupon Frederick W. Beckwith, Administrator of said Defendant, enters his appearance as such._

Continued._

Continued._

Trespass. Now at this day this cause coming on to be called for trial and neither party appearing, it is ordered that the same be stricken from the Docket and dismissed at the costs of the Plaintiff, and that execution._

Assumpsit. On motion of the Plaintiffs, it is ordered that an alias summons issue to Nelson Norris, one of said Defendants, returnable to the next term of this Court._

Now at this day comes the petitioner, and files a petition praying to be allowed to sue as a poor person, and it appearing to the Court that said petition contains sufficient matter to authorize the commencement of a suit, it is ordered that said petitioner have leave to sue for his freedom as a poor person, and the Court assign Messrs Risque & Townsend, as his counsel; And it is further ordered that said Jesse have reasonable liberty to attend his counsel and the Court, as occasion may require, during the pendency of this suit; that he be not removed without the jurisdiction of this Court, and that he be not subjected to any severity on account of his application for freedom._

Garnishment on Fi: Fa: Now at this day comes the Plaintiff, by his Attorney, and the said Garni- shees, although demanded, come not but make default, nor have they answered the Allegations and Interrogatories filed in this cause, although duly served with a copy of the same, wherefore said Plaintiff ought to recover against them, but it being unknown to the Court in what sum the said Garnishees were indebted unto said John McEvoy at the time they were summoned as such, or what effects they then had in their posses- sion, custody or charge, belonging to said John McEvoy, it is ordered that enquiry thereof be made at the next term of this Court, to which time this cause is continued._

The Plaintiff this day files a Bill of particulars of his demand, and a re- ceipt for the Jury fee heretofore ordered to paid in this cause, and the Defendant files a Bill of Exceptions and Plea.

The Defendant this day files a plea & a motion for Security for costs herein._

Continued.

Continued._

Trespass. Now at this day come the Plaintiffs, by their Attorney, and say that they will not further prosecute their suit in this behalf, but voluntarily suffer the same to be dismissed; It is therefore considered by the Court that said Plaintiff take nothing by their said suit, but that said Defendants go thereof without day._

Replevin. The Judge of this Court having heretofore acted as coun- sel in this cause, it is ordered that the venue thereof be changed to the St. Louis court of Common Pleas, and that the Clerk of this Court make out a full, true and complete transcript of the record and pro- ceedings herein and transmit the same, duly certified, together with all the original papers filed in the cause and not forming part of the record thereof, to the Clerk of said Court of Common Pleas._

Detinue._ Now at this day comes the Plaintiff, by his Attorney, and says that he will not further prosecute his suit in this behald, but voluntarily suffers the same to be dismissed at his costs; It is therefore consid- ered by the Court that said Plaintiff take nothing by his said suit, but that said Defend- ant go thereof without day and recover of said Plaintiff his costs and charges in this behalf expended, and have thereof Execution._

Detinue. Now at this day comes the Defendant, by his Attorney, and the Plain- tiff, although demanded, comes not, but makes default, nor doth he pros- ecute his suit in this behalf with effect, wherefore said Defendant ought to recover against him; It is therefore considered by the Court that said Plaintiff take no- thing by his said suit, but that said Defendant go thereof without day and recover of said Plaintiff his costs and charges in this behalf expended, and have thereof Execution.

Replevin. Now at this day come the Plaintiffs, by their At- torney, and the Defendant although demanded comes not, but makes default, not hath he plea- ded to said action, wherefore said Plaintiffs ought to recover against him, and not requiring a Jury to assess their damages, but consenting that the same be nominal, the Court doth find that said Plaintiffs have sustained damage by reason of the premises in their de- claration mentioned, to the amount of One cent._ It is therefore considered by the Court that said Plaintiffs recover of said Defendant their damages aforesaid, in form aforesaid by the Court assessed, together with their costs and charges in this behalf expended, and have thereof Execution._

Trespass. The Defendant as principal, and Henry Pitcher as surety, this day come into Court here, and acknowledge themselves held

And now at this day come the parties aforesaid by their attornies, and the Court now here being fully advised concerning the motion for a new trial of this cause doth order that said motion be overruled

And now at this day come the parties by their attorneys and the Court now here being sufficiently advised Concerning the motion herein for a new trial, doth order that said motion be overruled

And now at this day come the parties aforesaid by their attorneys and the court now here being sufficiently advised concerning the motion for a Rule on the plaintiff to file security for costs the court doth order that unless the plaintiff files good and sufficiently sec- curity for the costs in their cause, within thirty days from this time, this suit will be dismissed out of court

And now comes the plaintiff in enor by his attor- ney and moves the court to reverse the judgment of the Court of Common Pleas, for want of a joinder in enor, and the premises being duly considered by the Court, the Court doth order and adjudged that the Judgment aforesaid be reversed and that the plaintiff do recover against the Defendant in enor his costs herein expended

And now at this day come the parties, aforesaid, and the Court now here being sufficiently advised concerning the motion for a new trial in this case, It is ordered by the court that said motion be overruled.

On motion it is ordered by the Court that unless the de -fendant file additional security in the appeal Bond to he approved by the Court, on or before Monday next, the ap- -peal in this case will de dismissed out of Court

Motion for Bill of particulars and plea of set off withdrawn

And now at this day come the parties aforesaid by their re- spective attorneys and the Court now here being sufficiently advised concerning the motions for a new trial and in arrest of Judgment in this cause, It is ordered by the Court that each of said motions be overruled.

And now at this day come the parties aforesaid by their attorneys and the Court being now sufficiently advised concerning the motion herein for a new trial, doth order that said mo- -tion be overruled.

Henry Schmidt a native of Hessen who applies to be a citizen of the United States comes and proves to the satisfaction of the Court that he has resided in the United States at least five years, and in the State of MifsoriMissouri at least one year immediately prece- ding this application, during which time he has conducted himself as a man of good moral Character, attached to the principles of the Constitution of the United States and well disposed to the good order and happinefshappiness of the same, and the Court moreover being satisfied that said applicant has taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners and he declaring here in open Court upon oath that he will support the Constitution of the United States, and that he doth absolutely renounce and abjure forever all alle- giance and fidelity to every foreign Power Prince State & Sovereignty whatsoever, and particularly to the Electorate of Hessen of whom he was heretofore a subject, there- fore the said Henry Schmidt is admitted a citizen of the United States.

Motion for a new trial filed.

Now at this day the said Ann being brought before the Court upon the writ of Habeas Corpus, and the cause of her imprisonment being heard and by the Court now- -here fully understood, and no legal cause appearing to the Court for the imprison- -ment or restraint of the said Ann, The Court doth order that she be forth- -with discharged from the restraint under which she is held; and the Court doth order that the costs of these proceedings be paid by the said William Wilson,

Bill of exceptions filed.

Demurrer to 2 & 3 pleas withdrawn.

Petition to correct & set aside an erroneous entry, alleged to be a misprision of the clerk in this cause. Now at this day come the parties aforesaid by their respective at- -torneys, and the said petition and motion of said plaintiff and the affidavits in sup- port thereof, being submitted to, and by the Court here fully understood, for that it appears to the Court here that there was no Judgment or proceeding in said cause corresponding to the entry set out in said petition, and that said entry was not war -ranted by any action of the Court or of either of the parties to this suit, but arose from the mere misprision or mistake of the Clerk who made up the record. It is therefore ordered and adjudged that the entry, of an order purporting to be a Judgment for nominal damages in this cause, on the 19th March 1844 in Book 14 page 433 be vacated and set aside as not properly a part of the record of this cause, and for naught held and esteemed.

Now at this day come the parties aforesaid by their respective attorneys and the Court now here being sufficiently advised concerning the motion to set aside the nonsuit entered in theis Cause, It is ordered by the Court that said nonsuit be set aside and this cause reinstated upon the Docket.

Now at this day, come the parties aforesaid, by their attorneys and sub- mit the motion for a new trial in this case to the Court, and the same being fully understood, it is ordered that said motion be overruled

Replevin. Now at this day comes the Defendant, by his Attorney, and thereupon all and singular the premises are submitted to the Court, which being seen, heard and fully understood, the Court doth find, that the value of the property in said Plaintiff's declaration men- tioned is Twenty dollars, and that said Defendant hath sustained damage, by reason of the use and detention thereof, to the amount of Two hundred and nine dollars and fifty-six cents._ It is therefore considered by the Court that said Defendant recover against said Plaintiff and Theodore Robinson, his Security in the Replevin Bond, the property in said declaration mentioned, to wit: "one small bay horse, about fourteen hands high, with a small white star in his forehead," or if said Defendant elect to ac- cept of the value of said property, as assessed by the Court, in lieu thereof, then that said Defendant do recover of said Plaintiff, and his Security aforesaid, the sum of Twenty dollars, being the value of said property as assessed by the Court. And it is further considered by the Court that said Defendant recover against said Plaintiff and his Said Security, the sum of Four hundred and nineteen dol- lars and twelve cents, being double the damages assessed for the use and detention of said property, together with his costs and charges in this behalf expended, and have thereof Execution._

The Plaintiff this day files a motion to set aside the judg- ment of won-suit herein & an affidavit in support thereof._

Trespass. Now at this day come the parties, by their Attorneys, and on their motion it is ordered that the order heretofore made in this cause, changing the venue thereof to the St Louis Court of Common Pleas, be and the same hereby is rescin- ded, and said cause continued.

Leire facias on Lien. Now at this day comes the Plaintiff, by his Attorney, and the Defend- ant although demanded comes not but makes default, nor hath he pleaded to said Leire facias, wherefore said Plaintiff ought to recover against him, but it being unknown to the Court what damage said Plaintiff hath sustained, by reason of the premises in said Leire facias mentioned, it is ordered that enquiry thereof be made; whereupon comes a Jury, to wit, B.H. Atkinson, C.R. Mulford, James Rahn, George L. Stans- bury, John F. Hoyt, F. W. Sonthack, Henry King, David Hartshorn, John F. Bagley, Neal Walker, James Beakey and Abraham Swartz, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to enquire of and assess the damages of said Plaintiff, upon their oaths aforesaid say that said Plaintiff hath sustained damage, by reason of the premises in said Leire facias mentioned, to the amount of One hundred and fifty dollars and fifty three cents._ It is therefore considered by the Court that said Plaintiff recover of said Defendant his damages aforesaid in form aforesaid by the Jury assessed, together with his costs and charges in this behalf expended. And it being ascertained by the Court that the amount due said Plaintiff is Eighteen hundredths, and four fifths of a hundredth, of the whole amount of Liens charged on the property in said Leire facias described, and on which the Lien upon which this action is founded, is placed, it is therefore further considered by the Court that said Plain- tiff have Execution against that proportion of said property in the said Leire facias described as follows, to wit: "A brick building known as the St Louis Medical College, fronting Eastwardly about seventy-five feet in depth on Ninth Street & running back about fifty-five feet in depth two stories high with a Cupola upon the roof, in front of said building there is a large wood- en Cornice projecting from said building about twelve feet and supported by seven large brick pillars on the top of said cornice there is balustrading from end to end, situate in the City of

Habeas Corpus. Now at this day the Petitioner being brought into Court here, upon the writ of Habeas Corpus, by said John M. Jamison, all and singular the premises pertaining to the commitment and detention of said Petitioner, are submitted to the Court, which being seen, heard and fully understood, and it appear- ing to the Court that there is no sufficiant cause for the detention of said Petitioner, it is there- fore ordered that he be discharged from the custody of said John M. Jamison._

Court adjourned until Tuesday, July 2nd 1844 at ten o'clock, A.M. John M Krum

Court met pursuant to adjournment, present, the Honorable John M. Krum, Judge; William Milburn, Esquire, Sheriff, and John Ruland, Clerk.

Appeal from Justice A. Carr. Now at this day comes the Defendant, by his Attorney, and the Plain- tiff, although demanded comes not, nor doth he prosecute his suit in this behalf with effect, wherefore said Defendant ought to recover against him._ It is therefore considered by the Court that said Plaintiff take nothing by his said suit but that said Defendant go thereof without day, and recover of said Plaintiff his costs and charges in this behalf expended, and have thereof Execution.

Appear from Justice G.M. Willing. Now at this day come the parties, by their Attorneys, and thereupon all and singular the premises pertaining to the motion of the Plaintiff to set aside the judgment heretofore rendered in this cause, are sub- mitted to the court, which being seen, heard and fully understood, it is ordered that the same be sustained._ Affidavit of Andrew H.H. Dawson, filed._

Replevin. Now at this day come the parties, by their Attorneys, and thereupon the motion of said Plaintiff for a new trial of this cause, is sub- mitted to the Court, which being seen, heard and fully under- stood, it is ordered that the same be sustained.

Pleas filed.

William Milburn, Esquire, Sheriff of the County of St Louis, comes into Court here and acknowledges the execution of a Deed by him, as Sheriff as aforesaid, in favor of Ed- win Farnsworth, of all the right, title, and interest of Charles J.S. Bright, Thomas Page & Eulali M. Page his wife, George Morton, Lavinia Laveille, Josephine Laveille, and the le-

The said garnishee this day files a Motion to be discharged herein.

The said garnishee this day files a Motion to be discharged herein.

Now at this day comes the said Chloe Ann Smith, and files her petition, which being seen heard and fully understood, and it appearing to the Court, that said Petitioner is about to be removed out of the jurisdiction of this Court, by said Franklin Knox, it is ordered that a warrant issue, according to the statute in such case made and provided returnable on to morrowtomorrow, the tenth day of September Eighteen hundred and forty four.

The said garnishee this day files a Mo- tion to set aside the judgment by default entered in this cause, and to be discharged

The defendant this day files a Bill of Exceptions in this cause

Notice of Proof of tender file

Ejectment. Now at this day come the parties by their Attorneys, and thereupon comes also a Jury, to wit, James G Thomas, William Waddington, Jacob True, James Morrow, Jacob Tice, Alfred S Gove, John Cane, John H Tice, Thomas M Darlington, Adam Kraeuller, Joseph M Magehan and John Thorburn, twelve good and lawful men, who being duly elected tried and sworn the issue within joined between the parties aforesaid, well and truly to try, upon their oaths aforesaid do find the defendant guilty, of the trespass and ejectment, in the declaration of said plain- tiff mentioned, in manner and form as is therein alleged, and do assess the damage of the Plaintiff by occasion of the premises, at the sum of Five hundred and ninety one Dollars and sixty six and two third cents, and they do further find the monthly value of the lot and premises in said declaration mentioned to be four dollars, and sixteen and two third cents

The Plaintiff this day files a motion that judgment be entered on the foregoing verdict.

Continued on application of Defendants, on account of the absence of Thomas J Whitesides. _

Now at this day, come the parties, by their Attorneys, and thereupon, the motion of the defendant, to retax the costs in this cause, is submitted to the Court, which being seen heard and fully understood, it is ordered that the same be overruled.

and it appearing to the Court that said defendant is unwilling to give the Bond required by the Statute, it is ordered that the Sheriff take charge of the petition, and hire her out according to Law. And it appearing to the Court, that the Petition of said Chloe Ann Smith contains sufficient matter to authorize the commencement of a suit for her freedom, it is or- dered that she be allowed to sue as a poor person, and the Court assigns as her Counsel, Fran- cis B Murdoch Esquire, and further that said petitioner, be not removed without the juris- diction of this Court, that she have reasonable liberty of attending her counsel, and the Court, as occasion may require, during the pendency of this suit, and that she be not subjected to any severity on account of her application for freedom.

Assumpsit And now at this day come the plaintiffs by their Attorneys, and say that they will not further prosecute their suit in this behalf, but voluntarily suffer the same to be dismissed at their costs. Therefore it is considered by the Court, that the said defen- dant go thereof without day, and recover against said plaintiffs his costs and charges in this be- half expended, and have thereof execution.

The defendant this day files a motion for security for costs in this cause.

Affidavit of defendant in support of Motion of set aside judgment by default filed

Continued

...Continued

...Continued

...Continued

Charles D Drake and Robert P Farris, two credible witnesses, come into Court here, and being examined by the Court, under oath, prove the execution of a deed of emancipation from Ann M Perry to Henry alias Henry McGee Alexander a negro man aged about twenty six years. And it appearing to the satisfaction of the Court that said Henry is a person of sound mind and body, and is fully capable of supporting himself, it is or- dered that said Ann M Perry be, and she hereby is discharged from all liability for the support and maintenance of said negro.

John Gerber, a native of Switzerland, who applies to be admitted a Citizen of the United States, comes and proves to the satisfaction of the Court, that he has presided in the United States for at least five years, and in the State of Missouri at least one year, immediatly preceding this application, during which time, he has conducted himself as a man of good moral character, attached to the principles of the Constitu- tion of the United states and well disposed to the good order and happiness of the same: and the Court moreover being satisfied, that said applicant has taken the preparatory steps required by the Laws of the United States concerning the natural- ization of foreigners and he declaring here, in open Court upon oath, that he will sup port the Constitution of the United States, and that he doth entirely and absolutly renounce and abjure forever, all allegiances and fidelity to every foreign person, Prince, State and Sovereignty whatsover, and particularly to the Government of Switzerland of which, he was heretofore a subject, therefore the said John Gerber, is admitted a Citizen of the United States of America.

Continued

Continued to April Term 1845

Continued at plffs costs

Continued

Continued

Continued at cost of Pliff

Continued

Continued

Continued

Continued

Continued

Continued

Continued

Continued

Continued

Continued

Continued

Additional reasons and affidavit in support of Motion for new trial filed

Continued.

Continued at Plffs costs.

Continued at Plffs costs

Continued

Continued on application of Defendant on account of ab- sence of William Post a witness, at his costs.

Continued at costs of defendant on account of absence of F. W. Risque, a witness, at his costs

Continued

Continued

Continued

Continued at costs of plffs.

Now at this day comes the said Amy Moore by her attorney and files a petition which being seen heard and fully un- derstood, it is ordered that said petition have leave to sue as a poor person and the Court assign as her counsel E. B. Smith Esquire, and it is further ordered that said petitioner have reasonable liberty to attend her counsel, and the Court, as occasion may require during the pendency of said suit; that she be not removed without the jurisdiction of this State and that she be not subjected to any severity on account of her appli- cation for freedom.

It is ordered that attachments issue against George A Hyde and Reuben M Strother for a contempt by them committed in failing to attent as witnesses in the case of Mood Johnson and Burritt vs John Ruland after having been duly summoned so to do returnable tomorrow the 25th instant.

It is ordered that the attachment heretofore issued against Thomas Ware for a con tempt by him committed in failing to attend as a witness in the case of Rochford

Continued on application of Plaintiff at his costs on account of absence of John G. and George J Murray witnesses.

Continued on application of defendants at their costs on account of absence of George Taylor a witness

The Plaintiff by his Attorney this day files an affidavit and additional reasons for a new trial herein

Ejectment. Now at this day comes the parties by their Attorneys, and thereupon comes also a Jury to wit: James Bury, William H Huckstep John Henderson, Felton Watson, John B Camden, AL Chenie, Edward Levy, Brook M Bennett, Theron Barnum, John E Brooks, R.J. Gantling and R.A. Barnes, twelve good and lawful men, who being duly elected tried and sworn, the issue within joined between the parties aforesaid well and truly to try, upon their oaths aforesaid do find the defendants guilty of the trespass and ejectment in the declaration of said plaintiff mentioned in manner and form as is therein alledged, and do assess the damage of the plaintiff by occasion of the premises at the sum of Six hundred and fifty Dollars and they do further find the monthly value of the lot and premises in said declaration mentioned to be twenty five dollars.

The plaintiff this day files a motion that judgment be entered on the foregoing verdict.

It is ordered that attachments issue against George B. Brua, Jacob Baum and Robert H Betts for a contempt by them committed in failing to attend as Jurors after having been duly summoned so to do returnable tomorrow October 1st.

Now at this day comes the said Jinny Brown and files her Petition, which being seen heard and fully understood, and it appearing to the Court that the Petition of said Jinny Brown contains sufficient matter to authorize the commencement of a suit for her freedom, it is ordered that she be allowed to sue as a poor person, and the Court assigns as her Counsel Elias B Smith Esquire, and farther that said Petitioner be not removed without the jurisdiction of this Court that she have reasonable liberty of attending her Counsel and the Court as occasion may require during the pendency of this suit, and that she be not subjected to any severity on account of her application for freedom.

Eugene Miltenberger and Thomas B Hudson two credible witnesses come into Court here, and being examined by the Court under oath prove the execution of a deed of emancipation from Benjamin A.

and Brook M Bennett, twelve good and lawful men, who being duly elec- ted tried and sworn well and truly to enquire of and assess the damages of said defendant, and the value of the property in said plaintiffs declaration mentioned upon their oaths aforesaid do find and assess the value of the Bay horse replev- ied in this suit at the sum of Seventy five Dollars, the value of the Sorrell horse replevied in this suit at the sum of Twenty five Dollars, the value of the best cart replevied in this suit at Forty five Dollars, and the value of the oldest cart replevied as aforesaid at the sum of Twenty five Dollars, and do also find and assess the damages of said defendant by him sustained by reason of the use of the property aforesaid at the sum of Eight hundred and twenty dollars, and thereupon the defendant files a motion to enter judgment upon said verdict aga- inst said Plaintiff and his sureties in the Replevin Bond.

Now at this day come the parties by their Attorneys and thereupon comes also a Jury to wit, John B Camden, Robert A Barnes John Henderson, William H Huckstepp, Felton Watson, Henry Chouteau, William Tighe, Theron Barnum, Thomas McKenna, Flemming Calvert, John E Brooks and Brook M Bennett, twelve good and lawful men, who being duly elected tried and sworn the matter in controversy between the parties afore- said well and truly to try upon their oaths aforesaid do find that said Lyman B Shaw at the time he was summoned as Garnishee in this cause was indebted unto the said defendants in the sum of One thousand two hundred and one dollars and ten cents._ And it appearing to the Court that the judgment rendered in this cause on the fourth day of January, Eighteen hundred & forty-two, against the Defendants, including interest thereon to this date, amounts to the sum of Seven hundred and seventy-nine dollars and seventy-eight cents; it is there- fore considered by the Court that that said Plaintiff recover of said Garnishee the said sum of Seven hun- dred and seventy-nine dollars & seventy-eight cents, and the costs and charges as well in behalf of said recov- ery against said Defendants, as in this behalf expended, and have thereof execution. The Court al- lows said Garnishee the sum of Five dollars for his answer herein.

On motion of the defendant by his Attorney, and it appearing to the Court that the death of the plaintiff hath heretofore been suggested to the Court, it is ordered that this suit abate at the costs of the said plaintiff and that execution issue therefor.

Assumpsit. Now at this day, come the plaintiffs by their Attorneys, and say they will not further prosecute their suit in this behalf, but vol- untarily suffer the same to be dismissed at their costs. It is therefore considered by the Court that said plaintiffs take nothing by their suit, but that the defendants go thereof without day and recover of said plaintiffs their costs and charges in this behalf ex-

Court met pursuant to adjournment, present The Honorable John M Krum Judge; William Milburn Sheriff, and John Ruland Clerk.

Continued.

Continued.

Continued.

Continued.

It appearing to the Court that Russel Prentiss has been regularly licensed to practice Law in the several courts of this State, and he taking the oath required by Law in open Court here It is ordered that he be admitted to practice at, and en- rolled as a Member of this Bar.

Now at this day, comes the said garnishee by her Attorney, and upon her motion it is ordered that the judgment by default heretofore entered in this cause be set aside and rescinded. And it is fur- ther ordered that said garnishee be discharged at the costs of said plaintiff, and that execution issue therefor.

Now at this day, come the defendants by their Attorney, and the plaintiff although demanded comes not,norhath she prosecuted her suit in this be- half, wherefore said defendants ought to recover against her. It is therefore considered by the Court, that said plaintiff take nothing by her suit, but that the defendant go thereof without day, and recover of said plaintiff their costs and charges in this behalf expended and have thereof execution.

Now at this day, comes the defendant by his Attorney and the plaintiff, although demanded comes not, but makes default, nor doth he further prosecute his suit in this behalf, wherefore said defendant ought to recover against him. It is therefore considered by the Court, that said plaintiff take nothing by his suit, but that the defendant go thereof without day, and recover of said plaintiff his costs and charges in this behalf expended, and have thereof execution.

Now at this day, comes the defendant by his Attorney, and the plaintiff although demanded, comes not but makes de- fault, nor doth he further prosecute his suit in this behalf, wherefore said defendant ought to recover against him. It is therefore considered by the Court, that said plaintiff take nothing by his suit, but that the defendant go thereof without day, and recover of said plain- tiff his costs and charges in this behalf expended, and have thereof execu- tion.

Petition on Note._ Now at this day, comes the plaintiff by his Attorney, and files his Petition herein, and the defendant by Charles B Lawrence his Attorney in fact, who produces to the Court here, and files, a Power of Attorney to that effect, duly proven, also comes and says that he cannot deny the action afore- said of him the said plaintiff, nor but that he is indebted unto said plaintiff in the sum of One hundred and eighty two Dollars and ninety seven cents, and that said plaintiff hath sustained damage, by reason of the detention of said debt, to the amount of Sixty four Dollars and ninety five cents, for which sums he confesses judg- ment. It is therefore considered by the Court, that said plaintiff recover of said defen- dant his debt and damages aforesaid in form aforesaid confessed, together with his costs and charges in this behalf expended, and have thereof execution.

Ejectment. On motion it is ordered that the entry continuing this cause until the next term of this Court, be and the same is hereby re- scinded. And now at this day, comes the plaintiff, by his Attorney, and says that he will not further prosecute his suit, but voluntarily suffer the same to be dismis- sed at his costs. It is therefor Considered by the Court that said Plaintiff take nothing by his suit, but that the defendants go thereof without day, and recover of said plaintiff their costs and charges in this behalf expended, and have thereof ex- ecution

It is ordered that the fine of Five Dollars imposed upon William L Ewing for a contempt in failing to attend as a special Juror after having been duly summon- ed so to do be remitted, and he is discharged on payment of the costs of the attachment.

In Partition Henry B Belt who was appointed Guardian ad litem for Julia Routin one of the defendants who is a minor this day files his bond as such, with J.B. Crockett as his security conditioned according and in the penalty of Five hundred Dollars all of which is approved by the Court.

Trespass on the case. Now at this day, comes the said Mary Dugan by her Attorney, and files a Petition for leave to sue as a poor person, which being seen head and fully understodd, it is ordered that the prayer thereof be granted

On motion of the plaintiff by her Attorney it is ordered that the judgment of nonsuit heretofore rendered in this cause be set aside, and the Cause is Continued.

In Partition Du Bouffay Freemon, Peter Cruess and Peter Weisenecker the Commissioners who were appointed to make partition

Order of deed given

Assumpsit On motion of the Plaintiff by his attorney it is or- dered that a Dedimus issue to the State of Kentucky to take the depositions of witnesses on behalf of said Plaintiff

Trespass on the case Now at this day come the parties by their attorneys and thereupon the motion of the plaintiff that the defendant be required to elect his plea on which to go to trial is sub mitted to the Court which motion being seen heard and by the Court here fully understood it is ordered that the same be sustained and that the defendant be required to elect his plea on or before the first day of the next term of this Court.

Ejectment Now at this day come the parties by their attornies and thereupon the motion of the plaintiff to set a- side the judgment of nonsuit heretofore rendered in this cause, is submitted to the Court, which motion being seen heard and by the Court here fully understood, it is ordered that the same be sustained on payment by the plaintiff of the costs of the proceedings herein, and of the entry of this order.

Account. Now at this day comes the said plaintiff by his attorneys and files an affidavit and motion in this cause, whereupon all and singular the premises being seen heard and by the Court here fully understood and mature deliberation being thereupon had it is considered and adjudged by the Court that the said parties do account to and with each other and it is further considered and adjudged that the whole matter in the premises between the said parties to referred according to the statute in such case made and provided to three impartial and competent men as referees: and the Court doth appoint James H Comfort Esquire Diogenes Wetmore Esquire and Me Benjamin F Matkins to act as such Referees and it is further ordered that the whole matter in controversy be referred to said referees and when the whole matter shall have been seen and heard by said referees and adjusted it is ordered that they make their report in uniting under their hands and seals to the Court here with all convenient speed, and that judgment of the Court be entered according to such report and be final between said parties there- upon day is given as well to said plaintiff as said defendant by the Court here until the first day of the next term of this Court.

The Plaintiff by his attorneys this day files a Bill of Exep- tions in this cause.

till have executions of the sum of five thousand four hundred and ninety four Dollars and thirty cents, the remainder of the judgment in this case ren- -dered together with their costs and charges by them about their suit in this behalf expended

Charles Chambers and Jane Chambers his wife by Josiah Spalding their at- torney this day file a motion to stand the judgment by default rendered in this cause and to be mad parties defendant thereto and an affidavit of Bryan Mullanphy in support thereof

The Court being satisfied that the property attached by the Sheriff in this cause to wit two mules, one double waggon and one cart, is liable to depreciate in value and that the keeping of said property will be attended with much loss and expense, it is ordered that the Sheriff proceed to sell said prop- erty in the manner prescribed by law and that he make return of his proceed ings under this order on the first day of the next term of this Court

The plaintiffs by their attorney this day file a Bill of Exceptions in this cause

The defendant by his attorney moves the Court to strike out the bill of exceptions filed on behalf of the plaintiff on the 15th day of October instant in this cause which motion is overruled and thereupon the defendant files his bill of excep- tions herein.

Additional answer of Thornton Grim- sley garnishee filed.

Additional answer of Thornton Garims ley garnishee filed.

Additional answer of Thornton Grimsley garnishee filed.

In Partition The Sheriff having this day filed a report of his pro- ceedings herein under the order of sale heretofore made in this cause stating the name of the purchaser of the property sold and the amount of the purchase money it is or dered that said report and the same hereby is confined as form and

Court met pursuant to adjournment pres ent the Honorable John M Krum Judge William Milburn Esquire Sheriff and John Ruland Clerk

Plea filed

Plea filed

Plea filed in abatement

Plea filed

Plea filed

Plea filed

Assumpsit Now at this day comes the plaintiff by his Attorney and proves to the satisfaction of the Court, that the or- der of publication made in this cause has been duly pub- lished, which proof is herein filed. Seperate answers of Henry Chouteau and Gabriel S Chouteau garnishees filed.

Assumpsit Now at this day comes the plaintiff by his Attorney, and proves to the satisfaction of the Court, that the order of pub- lication made in this cause has been duly published which proof is herein filed. Seperate answers of Henry Chouteau and Gabriel S. Chouteau garnishees filed.

Assumpsit Now at this day comes the plaintiff by his Attorney and proves to the satisfaction of the Court, that the order of pub- lication made in this cause has been duly published, which proof is herein filed. Answer of Henry Chouteau garnishee filed

Plea filed

Motion for a bill of par- ticulars filed

Plea filed

Plea filed

Allegations and interrogatories to Henry Prosser John Barnes, William S Stewart and Thomas B Targee filed.

Plea filed

Continued

It appearing to the satisfaction of the Court that Henry A Hart Esquire has been regularly licensed to practice Law in the several Courts of the State of Missouri it is ordered that he be admitted to and enrolled as a member of this Bar.

Plea filed

Plea filed

Claim and interpleader of William Hartohorn this day filed and plea of defendant in abatement filed

John C Abbott complaint in a Case lately pending in the St Louis Circuit Court in Chaucery against Martha Miller administrator and the St Louis Floating Dock and Insurance Company defendants this day files a motion for an order on the Sheriff of St Louis County to retain certain moneys in his hands until the decision of the appeal granted in the said cause

Trespass and Ejectment On motion of John O Fallon by his attorney it is ordered that he be made a codefendant in this cause

Plea filed

Motion for bill of particulars filed

Plea filed

Plea filed

Now at this day comes the defendant by his attorney and the plaintiff although demanded comes not but makes default nor hath he prosecuted his suit in this behalf with effect wherefore said defendant ought to recover against him. It is therefore considered by the Court that said Plaintiff take nothing by his said suit but that said defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof execution

Assumpsit Now at this day come the parties aforesaid by their respective attorneys and there upon neither party requiring a Jury all and singular the premises are submitted to the Court, which being seen heard and fully understood

Plea filed

Plea of notice of special matter of defence and motion for a bill of particulars filed

William E Filch one of the defendants herein this day filed a motion to quash the writ of attach- ment issued in this cause and that the time for plead- ing be expended until said motion be determined

Allegations and interrogatories against James E Norris and Pierce C Grance filed

Plea filed

Motion for a bill of particu- lars filed

Oyer craved and motion for a bill of particulars filed

Plea and motion to increase the amount and security of the Bond given in this cause filed.

The defendant this day files two pleas herein

Motion for security for costs herein filed

Plea in abatement filed

The defendant this day files there plea herein

Replevin Now at this day comes the plaintiff by his attorney and says that he will not further prosecute his suit in this behalf, but voluntarily suffers the same to be dismissed at his costs. It is therefore considered by the Court, that said defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf ex- pended and have thereof execution.

Allegations and interogatories against James E Norris & Pierce G Grace filed

Continued by consent

Plea filed

Plea filed

Now at this day comes the plaintiff by his Attorney, and proves to the satisfaction of the Court that the order of publication made in this cause has been duly pub- lished according to Law, which proof is herein filed

Continued by consent

Continued by consent.

Continued by consent.

The death of the plaintiff in this cause having heretofore been suggested to the Court. It is therefore considered by the Court that this suit abate at the costs of said plaintiff & that execution issue therefor.

Continued.

Plea filed

Demurrer filed

Allegations and Interrogatories to garnishee filed

The defendant by her Attorney this day files a general demurrer to the plaintiffs cause of action and a motion to quash all the proceed- ings thereon.

Plea filed

Plea filed

Plea filed

Plea filed

Emory P Rogers owner of the said Steam Boat Inda this day files a motion to dismiss this suit for reasons filed.

Motion to vacate order allowing capias and to cancel recognisance filed

Court adjourned until tomorrow morning at Ten o'clock John M Krum

Court met pursuant to adjournment, present the Honorable John M Krum Judge, William Milburn Esquire Sheriff, and John Ruland Clerk

Plea filed

Plea filed

Plea filed

Plea filed

Plea and motion of special matter of defence filed

Oyer Craved, motion for a bill of particulars filed and that all proceedings be stayed &c.

Motion for bill of particulars and for security for costs filed

Plea filed

Plea filed

Plea filed

Plea filed

Trespass Now at this day comes the plaintiff by her Attorney and says she will not further prosecute her suit in this behalf, but vol- untarily suffers the same to be dismissed. It is therefore con- sidered by the Court that the said plaintiff take nothing by her said suit, but that the defendants go thereof without day.

On motion of the defendants by their Attorney it is ordered that the time for pleading herein be extended ten days.

On motion of Joshua B Brant and William E Rogers it is ordered that they be made codefendants in this cause, and thereupon by leave of Court they file seperate answers to the Petition herein.

Now at this day come the parties by their Attorneys and thereupon the motion of the said defendant to quash the writ issued in this cause is submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled.

Three pleas filed

Plea filed

Three pleas filed

Two pleas filed

Plea in abatement filed

Plea filed

Plea filed

Plea & notice of special matter of defence filed

Mo for a bill of particulars filed

Plea & notice of special matter of defence filed

Plea and notice of set off filed

Trespass and Ejectment. Anselm Hulm, appears and alleges that he is the landloard of the defendant, and prays the Court to be allowed to appear as a co-defendant, which motion is by the Court granted and the said Anselm Hulm is made a codefendant accordingly.

Plea filed.

Petition for Freedom. Now at this day, comes the plaintiff by his Attorney, and the defendant although demanded comes not but makes default nor hath he pleaded to the action aforesaid, wherefore said plaintiff ought to recover against him. It is therefore considered by the Court, that said plaintiff be liberated and set free from servitude and slavery to all and every person claiming by through or under him, and that execution issue for the costs in this behalf expended.

Similiter to first plea and demurrer to second plea filed

Assumpsit Now at this day comes the plaintiff by his Attorney and the defendant although demanged comes not, but makes default nor hath he pleaded to the action aforesaid, wherefore said plaintiff ought to recover against him. But it being unknown to the Court what damage the plaintiff hath sustained by reason of the nonperformance of the promises and under- takings in his declaration mentioned, it is ordered that enquiry thereof be made at the present term of this Court

Plea and motion fo special matter of defence filed

Pleas filed by seperate defendants

Plea filed by Derrick A January, John H Freleigh and Thomas Brandenburg

Plea filed

Demurrer filed

Plea filed

Motion for security for costs filed

William Milburn Esquire Sheriff of the Court of St Louis comes into Court here and acknowledges the execution of a deed by him as Sheriff as aforesaid in favor of Robert Rankin of all the right title witerest claim estate and property of William Young, William H Loughrey, William Harrigton, Sarah Harrigton and Elizabeth F Hall of in and to the following described real estate to wit "a artam lot of grand situate lying and being in block number one hundred and twenty five in the City of St Louis in the County of St Louis and State of Missouri, bounded and described as follows to wit said lot fronting on Green Street forty feet, and having a depth Southwardly of seventy six feet, bounded North by Green Street, East by lot formerly of George Burgess, South by lot Jesse G Luidell, West by lot of Jonas Moore, together with the buildings and improve- ments therefore," sold under and by authority of an order of the St Louis Circuit Court bearing date the twelfth day of September eighteen hundred and forty four, made in the par- tition for partition in which the above parties were plaintiffs and defendants.

Action on the case Now at this day come the parties aforesaid by their respective Attornies and thereupon comes also a Jury to wit, F Heiter, Henry Holmes, James Hale, William K Wilson, Robert H Betts Joseph L Papin, George Harrington, Samuel Davis, H. Havacker, John Atkinson, James C Musick and William Vauderenter twelve good and lawful men who being, duly elected tried and sworn the issues within joined between the parties aforesaid well and truly to try, and after hearing the ordinence and arguments of Counsel, are unable to agree upon a verdict, and are thereupon discharged and the Cause continued.

Trespass Now at this day come the parties aforesaid by their respective Attorneys, and thereupon comes also a Jury to wit, Martin Power, James Greshaw, Oliver A Hart, J. P. Helfenstein Henry K Holland, John Cavender, Henry D Hart, John B Higdon, Henry L Wells, F. H. Evans, John Hart, Lawrence Hoyle twelve good and lawful men who being duly elected tried and sworn the issues within joined between the parties aforesaid well and truly to try upon their oaths aforesaid do find as to the issue firstly joined between said parties, that the defendant is not guilty of the said supposed trespass above said to his charge or any or either of them, or any part thereof in manner and form as the said plaintiff hath complained against him, and as to the issue secondly joined between said parties they do find that at the time of the institution of said suit the said plaintiff was and still as is slave in manner and form as the said defendant has in his second plea alleged, and as to the issue thirdly joined between said parties they do find that at the time of the institution of said suit the said plaintiff was and still is a slave, the property of one James L Corson in manner and form as the said defendant has in his third plea alleged. It is therefore considered by the Court that the said plaintiff take nothing by her suit, but that the defen- dant go thereof without day.

Value of property $311.11 Double Pas 162 severties $ 81. & at the rate of $25 per annum

Replevin Now at this day, comes the parties aforesaid by their respective attorneys and thereupon comes also a Jury to wit Henry H Holland, Oliver A Hart Martin Power, John Hart, James Gresham, Lawrence Hoyle, John Cavender, J.P. Helfenstein, H. D. Hart, Wilson

Garnishment on Execution. Now at this day come the parties by their Attorneys and thereupon all and singular the premises are submitted to the Court, which being seen heard and fully understood the Court doth find that at the time said garnishee was summoned as such, she had not, nor has she now, nor has she since had in her possession, custody charge or control, any lands tenements here- ditaments, goods chattels, moneys, credits or effects belonging to said defendants, or either of them, nor was she in any wise indebted to said defendants or either of them. It is therefore considered by the Court, that the said plaintiff take nothing by his garnishment, but that the said garnishee go thereof without day and recover of said plaintiff his costs and charges in this behalf expended, and have thereof execution.

It is ordered that George Matlock who was attached for a contempt by him committed in failing to attend as a witness after having been duly summoned by the Sheriff so to do be- discharged therefrom on payment of the costs of the attachment

It is ordered that Anthony Bennett, who was attached for a contempt by him committed in failing to attend as a witness after having been duly summoned by the Sheriff so to do be discharged on payment on payment of the costs of the attachment.

Continued as on affidavit at costs of defendants on account of absence of E.A Chouteau a witness

Now at this day comes the said Mary Robinson and files her petitioner, which being seen heard and fully understood, and it appearing to the Court that the pe- tition of said Mary Robinson, contains sufficient matter to authorise the commencement of a suit for her freedom, it is ordered that she be allowed to sue as a poor person, and the Court assign as her Counsel Smith and Laughton Esqui- res, and farther that said petitioner be not removed, without the jurisdiction of this Court, that she have reasonable liberty of attending her Counsel and the Court, as occasion may require, during the pendency of this suit, and that she be not subjected to any severity on account of her application for freedom.

Debt on Administrators Bond. Now at this day, comes the Plaintiff by her Attorney, and on her motion it is ordered that the truth of the breaches in the plaintiffs declaration assigned of the writing obligatory on which this action is founded, be enquired into, and the damages of said plaintiff by herim sustained by reason of the said breaches, be assessed by a Jury, at the present term of this Court.

Debt on Administrator Bond Now at this day, comes the plaintiff by her Attorney, and on her motion it is ordered that the truth of the breaches in the plaintiffs declaration assigned of the writing obligatory on

Court met pursuant to adjournment, present The Honorable John M Krum Judge William Milburn Esquire Sheriff and John Ruland Clerk.

Trespass on the Case. Now at this day comes the plaintiff by his Attorney and says that he will not further prosecute his suit in this behalf but voluntarily suffers the same to be dismissed at his costs. It is therefore considered by the Court that the said plain- tiff take nothing by his said suit, but that the defendant go thereof without day and recover of said plaintiff her costs and charges in this behalf expended, and have thereof execution.

Bill of Exceptions filed

Trespass Now at this day come the parties aforesaid by their respective Attorneys, and thereupon comes also a Jury to wit, C.F. Hoyt, John M Cartney, Hudson E Bridge, Edward Humphreys, Joseph Sappington, John Shaw, Charles Collins, Joseph Schoullz, James Adams, William Ernest, Charles F Holzle, John Maguire twelve good and lawful men who being duly elected tried and sworn the issue within joined between the parties aforesaid well and truly to try upon their oaths aforesaid do find that the defendants are guilty of the trespass laid to their charge in man- ner and form as the said plaintiff hath above thereof complained against them It is therefore considered by the Court, that said plaintiff be liberated and entirely set free from the said defendants, and from all persons claiming by through or un- der them, by title derived since the commencement of this suit, and that said plaintiff recover of said defendants her costs and charge in this behalf expended and have thereof execution. Motion and reasons a new trial filed

Replevin Now at this day comes the plaintiff by his Attorney and the defendant although demanded comes not but makes default, nor hath he pleaded to the action aforesaid wherefore said plaintiff ought to recover against him But it being unknown to the Court what damage the plaintiff hath sustained by reason of the premises in this declaration mentioned, it is ordered that enquiry thereof be made at the present term of this Court.

Bill of Exceptions filed

Court met pursuant to adjournment, present The Honorable John M Krum Judge, William Milburn Esquire Sheriff and John Ruland Clerk.

Trespass. Now at this day come the parties aforesaid by their respective Attorneys and thereupon the mo- tion of the defendants to set aside the verdict ren- dered by the Jury in this cause, and for a new trial herein is submitted to the Court, which being seen heard and fully understood it is ordered that said motion be sustained.

Leire facias on Lien Now at this day come the parties aforesaid by their respective Attor- neys, and thereupon all and singular the premises pertaining to the demurrer of the plaintiff to the first and second pleas of said defendant are submitted to the Court, and it appearing to the Court that said pleas and the matters therein contained are not sufficient in law to bar or preclude the said plaintiff from having and maintaining his aforesaid action thereof against the said defendants, it is ordered that said demurrer be sustained. And on motion of said defendants leave is given there to plead to said action

Plea filed

Replevin The defendant by his Attorney this day files a motion to amend the record of the entry of judgment in this cause

Covenant. On motion of the defendant by his Attorney leave is granted him to file a notice of special matter of defence herein. Notice filed