data are freely accessible
This electronic document is published as part of the St Louis Circuit Court historical records project.
continued by consent
continued by consent
continued by consent
continued by consent
On motion of Trusten
Polk and John O Fallon garnishees in the above entitled causes further time is given them until
the first day of the next term of this court to file their answers to the allegations and interrogatories
exhibited against them herein
Reasons filed why order setting aside sale of commif-
-sioners should be made final
Allegations and interrogatories filed by leave of court
court adjourned until Thursday morning at 10 Oclock
Bryan Mullanphy
Thursday October 7th 1841
court met pursuant to adjournment. present as before
Replications filed & continued
Replications filed
motion for security for costs filed
A Petition having been presented by the plaintiff to the Judge of this court during
the
-rant directed to the Sheriff of St Louis county commanding him to take said petitioner wherever she
be found and suing her before the circuit court on the seventh instant and also to summon the per-
-son or persons in whose
Sheriff makes return of said warrant by having the body of said petitioner in open court, and also
by summoning Louis DuBreuil in whose
court order that the cause be continued until Saturday next. and that the Sheriff retain
of said pettioner until the further order of this court
By consent of parties is is ordered that this suit be discontinued at the costs of the
defendant.
Answer of Andrew Erwin & John Stacker garnishees herein filled
On motion of defendants attorney it is ordered that a dedimus
ipue to the State of Pennsylvania to take depositions to be read
on the part of said defendants
Motion filed for order to place this cause upon the trial docket
of this item.
Dam/00.01
Replevin
Now at this day comes the said plaintiff by his attorney. and the said de-
fendant although demanded comes not but makes default nor hath he
pleaded to the action aforesaid of said plaintiff. who thereby remains undefended against
him. wherefore the said plaintiff ought to recover of the said defendant. and not requi-
-ring a jury to
the court doth
the said plaintiff recover of the said defendant his damages aforesaid in form afore-
-said by the court
and have thereof Execution
continued by consent
continued by consent
Now at this day comes the said plaintiff by his attorney. and saith he will not fur
-ther prosecute his suit on this behalf but voluntarily suffers the same to be discon-
-tinued at his costs: it is therefore considered by the court that the said defendant
recover of the said plaintiff his costs and charges in this behalf expended. and have thereof Execution
continued
continued on affidavit at costs
of plaintiffs
Dam/1111.58
Assumpsit
Now at this day come the said plaintiffs by their attorney and con-
-sent that the judgment by default. heretofore extered against John
Arthur. be and the same is hereby set aside. and declared null
and void. and thereafter the said defendants although demanded come not but make de-
-fault nor have they pleaded to the action aforesaid of said plaintiffs. who thereby remain
undefended against them wherefore the said plaintiffs ought to recover of the said defend-
-ants and it being manifest to the court from the instrument of uniting on which this action
is founded that the said plaintiffs have sustained damage by reason of the nonperformance
of the promises and undertakings in their declaration mentioned. to the amount of eleven
hundred and eleven dollars and fifty eight cents: it is therefore considered by the court
that the said plaintiffs recover of the said defendants. their damages aforesaid in form
aforesaid by the court afefed together with their costs and charges in this behalf expend-
-ed and have thereof Execution
The motion in this case to set aside the judgment by default. rendered
herein is by the parties aforesaid submitted to the court which being seen
and heard and by the court here fully understood. it is ordered by the court.
that said judgment be set aside and for nought held and esteemed. and that the cause he con-
-tinued at the costs of the plaintiff
Dam $00.01
Replevin
Now at this day come the parties aforesaid by their respective attornies and
thereupon come also a jury to wit. C.S. Greely: William Glasgow: Louis
Yosti: John Ferguson: Elisha Patterson: Edward a Johnson: Lankin
Deaver: Joshua B Branet: Erastus F Martin: Hypolite Papin: Hugh O Brien, & Amade Valle
twelve good and lawful men who being duly elected tried and sword the issue within joined
between the parties aforesaid well and truly to try upon their oaths aforesaid find that the
said defendant is guilty of the premises charged against him in the said plaintiffs declara-
-tion in manner and form
therefore considered by the court that the said plaintiffs recover of the said defendant their
damages aforesaid in form aforesaid by the jury
in this behalf expended and have thereof execution
Dam $200.
Now at this day come the parties aforesaid by their respective attornies and
neither party requiring a jury. all and singular the premises are by them
submitted to the court. which being seen and heard and by the court here fully understood
the court doth find as to the first issue within joined between the parties aforesaid that the said
defendant did undertake and promise in manner and form as the plaintiff has above
thereof complained against him: and as to the second
aforesaid. the court doth find that the said plaintiff was not indebted to the said William
Holcomb in manner and form as the said William Holcomb hath in his said last plea above
alleged: and the court doth further find that said plaintiff hath sustained damage by reason
of the non performance of the promises and undertakings in his declaration mentioned to the
amount of two hundred dollars: it is therefore considered by the court that the said plaintiff
recover of the said defendant his damages aforesaid in form aforesaid by the court
together with his costs and charges in this behalf expended and have thereof Execution.
Court adjourned until tomorrow morning at 10 Oclock
Bryan Mullanphy
Saturday October 9th 1841
Court met pursuant to adjournment. present as before
Now at this day come the parties aforesaid by their respective attornies and
thereupon the cause is continued until wednesday the 13th instant
affidavit of John David filed
Plea filed
motion to set aside suit
withdrawn by leave of court
John Stacker who is proven to the court by the testimony of James B Bowlin and John B King two credible
of
also her two children Mary now aged two years and nine months and Theodosia now aged nine months.
in consideration of the sum of three hundred and twenty two dollars and thirty cents.
Frederick J Lynch: Lewish Clark: David Chambers: James Sappington & James Walton:
twelve good and lawful men who being duly elected. tried and sword the issue within joined
between the parties aforesaid well and truely to try. upon their oaths aforesaid find that the
defendant is guilty in manner and form as the plaintiffs have alleged. and assess their
damages in the sum of eighty five dollars and twenty six cents: it is therefore considered
by the court that the said plaintiffs recover of the said defendant. their damages afore-
-said in form aforesaid by the jury
this behalf expended. and have thereof Execution
Dam/00.01
Replevin
Now at this day come the parties aforesaid by their respective attornies
and thereupon come also a jury to wit. Clark Hooper: Hyacinth Renard: Wil
-ham Clark: William Bund: George H Callender: Thomas Wash: John W Colvin: L.A Hartshorn;
E. H Robbins: Thomas Wannell; John Dorey: S. M. Burton: twelve good and lawful men who being
duly elected. tried and sword the issues within joined between the parties aforesaid well and
truly to try upon their oaths aforesaid find the defendant guilty of the premises as charged in the
plaintiffs declaration and assess the damages at one cent. and they do further find the value
of the property to be fifty dollars: and that the said grey horse in said declaration men
-tioned is not the property of the defendant. but of the plaintiff. it is therefore considered
by the court that the said plaintiff recover of the said defendant. his damages aforesaid
in form aforesaid by the jury
and have thereof Execution.
Now at this day come the said plaintiffs by their attorney. and say they
will not further prosecute their suit in this behalf but voluntarily suffer the
same to be discontinued at their costs: it is therefore considered by the court
that the said defendant recover of the said plaintiffs his costs and charges
in this behalf expended and have thereof Execution
continued as on affidavit on account of the absence of
Henry B Evans at the costs of the defendants.
continued by consent
Dam/143
Now at this day come the parties aforesaid by their respective attornies and there-
-upon the said defendant by lease of the court withdraws his second and
third pleas and thereupon come also a jury to wit: William Hibler: Patrick M Dillon: Anderson
Miller: Kenneth Mackenzie: Henry G Souland: Edward D Taylor: James Sutton: Frederick J
Lynch: Lewis Clark: David Chambers: James Sappington & James Walton: twelve good and law-
-ful men who being duly elected tried and sworn the
well and truly to try upon their oaths aforesaid find that the said defendant did undertake and
promise in manner and form as the said plaintiff hath above thereof complained against him
and
the promises and undertakings in his declaration mentioned at the sum of one hundred and forty
three dollars: it is therefore considered by the court that the said plaintiff recover of the said defend-
-ant his damages aforesaid in form aforesaid by the jury
-ges in this behalf expended and have thereof Execution
motion for Bill of
partuculars filed
continued by consent
Dam/80.98
Now at this day come the parties aforesaid by their respective attornies and
thereupon the judgment by default heretofore entered in this cause is by consent
of parties set aside and plea of defendant filed: and neither party requiring a jury all
and singular the premises are by them submitted to the court which being seen and heard
and by the court here fully understoof. the court doth find as to the
-tween the parties aforesaid that the said defendant did
and form as the said plaintiff hath above thereof in his said declaration alleged against
him and the court doth further find that said plaintiff hath sustained damage by reason
of the premises in his declaration mentioned. to the amount of eighty dollars and ninety
eight cents: it is thereofre considered by the court that said plaintiff recover of the said
defendant his damages aforesaid. in form aforesaid by the court
his costs and charges in this behalf expended. and have thereof Execution
Attachment
On motion of attorney for the plaintiff it is ordered that said defendant
be notified that an action of
-lars has been commenced against him that his property has been attached and
Louis on the third Monday of November next and on or before the third day thereof
plead to the action aforesaid according to law a judgment will be rendered against
him and his property be sold to satisfy the same: and it is further ordered that a
copy hereof be published for four weeks successively in some newspaper printed in the
city of St Louis. the last insertion to be at least twenty day before the said next term
of this court
Attachment
On motion of attorney for the plaintiff is is ordered that said defend
-ant be notified that an action of
and sixty dollars has been commenced against him. that his property has been attached
and
St Louis on the third Monday of November next. and on or before the third day thereof
plead to the action according to law. a judment will be rendered against him
and his property be sold to satisfy the same: and it is further ordered that a copy hereof
be published for four weeks
the last insertion to be at least twenty days before the said next term of this court
On motion of attorney for the plaintiff it is ordered that said defendant
be notified that an action of
seven dollars has been commenced against him. that his property has been attached
and
city of St Louis. on the third Monday of November next. and on or before the
third day thereof plead to the action aforesaid according to law. a judgment will
be rendered against him. and his property be sold to satisfy the same. and it
further ordered that a copy hereof be published for four weeks
some newspaper printed in the city of St Louis. the last insertion to be at least twenty
days before the said term of this court
to that effect duly proven also comes and by leave of the court withdraws his plea herein filed and
says that he cannot deny the action aforesaid of said plaintiff nor but that he the said plain
-tiff hath sustained damage by reason of the non performance of the promises and underta
kings in his declaration mentioned to the amount of one hundred and ninety one dollars
and thirty four cents for which sum he confesses judgment it is therefore considered by the
court that the said plaintiff recover of the said defendant his damages aforesaid in form
aforesaid
thereof Execution
Now at this day come the parties aforesaid by their respective attornies and
the court having heard the arguments of counsel and being fully advised
of and concerning the premises doth order that the Sheriff take
from the hirer payable to the State of
sufficient secuirty according to the law in such cases made and provided.
Now at this day come the parties aforesaid by their respective attor
-nies and thereupon the said plaintiff
filed and in motion leave is given him to amend the declaration
affidavit Bond and writ in this case by inserting as the first
name of said Pifell the name "Elijah": which amendment is accordingly made.
On motion of plaintiffs attorney leave is given the Sheriff to
amend his return on the writ
with the facts of the case.
On application of Adam Beatty to be admitted as a Member of this Bar. and the court
being satisfied that he has been regularly licensed to practice law in the several courts of
record in this State it is ordered that he be admitted as a member of this Bar. and
thathe be enrolled accordingly which is done
Now at this day come the parties aforesaid by their respective attornies and
thereupon the said motion of said defendant for a new trial is by
them submitted to the court which being seen and heard and by the court
here fully understood. it is considered by the court that said motion be overruled
motion to set aside
Execution
Motion to set
aside non suit
withdrawn
John Philip an insolvent debtor who applies for his final discharge under the act for the
relief of his insolvent debtors. having complied with the provisions of said act. and no allega-
-tions having been filed against him. he is by the court finally discharged and exempted
from arrest and imprisonment for any debtt. contract, judgment or liability of whatso-
-ever nature by him contracted or entered into prior to this application
Edward A Byson an insolvent debtor who applied for his final discharge under the act
for the relief of insolvent debtors having complied with the provisions of said act and no
allegations having been filed against him he is by the court finally discharged and exemp-
-ted from arrest and imprisonment for any debt. contract. judgment or liability of what
-soever nature by him contracted or entered into prior to this application
Myron V Hall an insolvent debtor who applies for his final discharge under the act for the relief of
insolvent debtors. having complied with the provisions of said act and no allegations having
as required by law stating therein that in pursuance of the order of sale made herein they had pro-
-ceeded to sell the property in said petition mentioned and described having previously given no-
-tice as required by law of the time terms and place of sale and in their said report they de-
-scribe the property sold. the amount bid therefore and the name of the purchaser thereof and all
the said parties by their attorney consenting thereto the said report and the matters and things there in
contained are approved by the court and confirmed as valid and effectual forever and the
said
of said property a good and sufficient deed therefore.
continued
Debt
Now at this day come the parties aforesaid by their respective attor-
-nies and thereupon all and singular the matters and things
contained in the second and third issues between the parties
aforesaid are by them submitted to the court which being seen and heard and by the court
here fully understood the court doth find as to the first replication of said plaintiff to said
defendants second plea that there is a record of said suit and proceedings therein now
remaining in said St Louis Circuit Court as the said plaintiff hath above alleged and
as to the second replication of said plaintiff to said defendants second plea the said defend
-ants having failed to rejoin thereto the court doth find that at the time of the commence-
-ment of this suit there was a record of said suit and such proceedings therein
then remaining in said Circuit Court as is specified in said declaration in man
-ner and form as therein set forth and that since that time the said record has
been lost out of said court so that said record cannot now be seen and inspected
here by the court: and as to the third issue within joined between the parties aforesaid
the court doth find that the said court did make order and direction respecting
said goods attached requiring them to be produced and delivered at a certain time
and place and thereupon come also a jury to wit: Anderson Miller: James Sutton:
William Hibler: David Chambus: James Walton: Henry G Soulard: Clark Hooper:
Kenneth Mackenzie: Patrick M Dillon: Frederick J Lynch: Hyacinth Renard & Edward
D. Taylor twelve good and lawful men who being duly elected tried and sworn the
their oaths aforesaid say that the bond in the said declaration alleged is the deed of the
said defendants in manner and form as the said plaintiff hath above thereof alleged
and
at the sum of one hundred and sixty seven dollars and seventy nine cents: it
is therefore considered by the court that the said plaintiff recover of the said defend
-ants his damages aforesaid in form aforesaid by the jury
his costs and charges in this behalf expended and have thereof Execution; motion
and reasons filed for a new trial
Charles D Drake Esquire a member of the Bar having disavowed to this court any intention
of disobeying its order: it is hereby ordered that the entry of the fine against him he expunged
Court adjourned until to morrow morning at 10 OClock
Bryan Mullanphy
a brick house, one story and a half high. the interest of the said Sweeny Rinehard. in and
to said lot. being the unexpired term of a lease." sold under three executions. one ipued from
the office of the clerk of the St Louis Court of Common Please in form of Sammuel Habbard against
Benjamin Rinehart. James Sweeny and John Harris: the other two ipued from the office of the
clerk of the circuit court within and for the county of St Louis: one in favor of Cyrus F Finny
against James Sweeny and Benjamin Rinehart: the other in form of J.B. Milkin against
James Sweeny and Benjamin Rinehart: and the said Joseph B Milkin and John P Becker
being the highest and last bidders for the same at the price and sum of Fifty dollars. the same
was stricken off and sold to them for that sum
Plea filed
Plea filed
Continued at costs of deft
on account of the absence of Heenry Chouteau
Continued at costs of defend
-ant to obtain the evidence
of Thomas Botts
Trespass
Now at this day come the parties aforesaid by their respective attornies
and thereupon come also a jury to wit: Joseph Powell: James McCor-
-mack: John Baker: Samuel Rudder; Franklin Ra
M Willing: Ringrose D Watson: John H Gay: William Smith: and James K Thompson. twelve
good and lawful men who being duly elected tried and sword. the issues within joined between
the parties aforesaid well and truly to try, upon their oaths aforesaid find as to the first issue
within joined between the parties aforesaid. that the said defendant is not guilty of the said
supposed grievances above laid to his charge in manner and form as the said plaintiff hath above
thereof complained against him: and as to the second issue within joined between the parties aforesaid
the jurors on their oaths aforesaid say that the said wrongs and grievances in the said declara
-tion mentioned were and each and all of the same identical wrongs and grievances as those
in said second plea mentioned and for and in respect whereof the said supposed judment
in the said plea mentioned was recovered in manner and form as the said defendant hath
above in his plea aforesaid alleged: it is therefore considered by the court that the said plaintiff
take nothing by her 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
Marshall Brotherton Esquire Sheriff of the county of St Louis, comes into court here and acknowl-
-edges the execution of a deed by him as Sheriff as aforesaid in form of Patrick Walsh for
three lots of parcels of ground in St George. a suburb of the city of St Louis, being an addi-
-tion to said city. made by William Carr Lane. Known and designated on the plot of said
addition on file in the Recinders office of St Louis county. as lots of numbers twenty two
twenty three and twenty four in Block No___ being the same lots conveyed to said Fred-
-erick Kreil by Elias T Langham and wife. by deed bearing date twenty fifth day of June
1839. Recinded in the Recinders office of said county in Book II No 2 Page 123." Sold under
two executions issued from the office of the clerk of the cricuit court. within and for the county
of St Louis. both in favor of Mary Ann Walsh to use of Patrick Walsh against Frederick
Yreil: and the said Patrick Walsh. being the highest and last bidder for all of said
property. at the price and sum of thirty dollars. the same was stricken off and sold
to him for that sum
Marshall Brotherton Esquire Sherrif of the county of St Louis comes into court here and ack-
-nowledges the execution of a deed by him as Sheriff as aforesaid in favor of William T Kelly
for a certain tract of land. situate lying and being in the county of St Louis. State of Missour
-ri. in Township 44 N. R. 3.E of the 5th principal meridian. beginning at a past corner. from
Reason filed in arrest of judment against said garnishee
Replications filed
Motion & Reasons filed for a new trial
Now at this day come the said plaintiffs by their attorney
and prive to the court here that the order of publication
made in this cause has been duly published the proof
whereof is herein filed
Dam/610.13
asumpsit
Now at this day come against the said plaintiffs by their
attorney. and the said defendants although demanded
do not appear. nor have they pleaded to the action aforesaid of said plaintiffs. who thereby
remain undefended against them. wherefore the said plaintiffs ought to recover of the sai
defendants. and it appearing to the court from the instruments of writing on which this
action is founded. that the said plaintiffs have sustained damge by reason of the premises
in their declaration mentioned. to the amount of six hundred and ten dollars and thirteen
cents: it is therefore considered by the court that the said plaintiffs recover of the said defend
-ants their damages aforesaid in form aforesaid by the court-apeped. together with their
costs and charges in this behalf apended. and have thereof Executions
Debt/439.20
On bannishment
now at this day come again the said plaintiffs by their
attorney. and move the court to enter up judgment
herein against David L Holbrook & Jere S. Allen who
were summoned as grnishees herein. and it appearing to the court from the answer of said
garnishees filed herein. that at the time they were so summoned they were indebted to the said
defendants in the sum of four hundred and thirty nine dollars and twenty cents. it is
therefore considered by the court that the said plaintiffs recover of the said garnishees. the
aforesaid sum so as aforesaid e
-longing to said defendants. first deducting therefrom the costs of this suit and the sum of
five dollars which the court allows said garnishees for their trouble in answering in this
behalf. and that said plaintiffs have thereof Execution
now at this day come the parties aforesaid by their respective attornies
and thereupon the said demurrer of said defendant to said plain
-tiffs scire facias is by them submitted to the court. which being seen
and heard. and by the court herefully understoof: it is considered by the court that said
demurrer be overruled and on motion leave is given said defendant to plead to said
scire facias
Plea filed
On motion of plaintiffs attorney leave is given them to withdraw
from the files of this court. the note on which this action is found-
-ed. upon their giving a receipt for the same
Now at this day come the said plaintiffs by their attorney.
and say they will not further prosecute their suit in this
behalf, but voluntarily suffer the same to be discontinued at
their costs: it is therefore considered by the court that the said
defendant recover of the said plaintiffs his costs and charges in this behalf expend-
-ed and have thereof Execution.
Now at this day come the said plaintiffs by their attorney, and
say they will not further prosecute their suit in this behalf but
voluntarily suffer the same to be discontinued at their costs
it is therefore considered by the court that the said defendant re-
-cover of the said plaintiffs his costs and charges in this behalf expended. and have
thereof Execution.
Now at this day come the said plaintiffs by their attorney. and
move the Court to award them a judgment for costs herein. which
being seen and heard and by the court here fully understood
it is considered by the court that the said plaintiffs recover of the
said defendant their costs and charges in this behalf expended and have thereof
Execution
Now at this day come the said plaintiffs by their attorney and move the
court to award them a judgment for costs herein. whcih being seen
and heard. and by the court here fully understood: it is considered
by the court that the said plaintiffs recover of the said defendant their
costs and charges in this behalf expended and have thereof Execution.
Now at this day comes the said plaintiff by his attorney. and
saith he will not further prosecute his suit in this behalf
but voluntarily suffers the same to be discontinued at his costs.
it is therefore considered by the court that the said defendant recover of the said plaintiff
his costs and charges in this behalf expended and have thereof Execution.
Answer of Joseph Consaul garnishee herein filed & cause
continued by consent
On motion of plaintiffs attorney
it is ordered that an alias summons
issue herein against Samuel Hinck
-ley and David Robertson. two of the above named defendants.
continued
continued
Replications filed and cause continued
Scire facias on Lien
Now at this day come the parties aforesaid by their respective at-
tornies and neither party requiring a jury all and singular the
"in depth westwardly commencint at eighty feet from the south east corner of said
"block on the north half of which said lot is situated a frame bulding two stories
"high ebing twenty feet six inches in front on Sixth street by thirty feet in depth"
as also the ground on which said building stands. together with the ground around
said building. not exceeding five hundred square feet clear of the building.
Alfred Dougherty who is proven to the court by the testimony of Ferdinand W Risque
and Benjamin Lacy two credible
into court here and acknowledges the Execution of a deed of Emancipation
in favor of a negro man slave named Daniel Blue. aged about thirty six years.
On motion of plaintiffs attorney it is ordered that a dedimus is-
-sue to the State of Illinois to take depositions to be read on the
part of said plaintiff
Dam/145.25
Now at this day come the parties aforesaid by their
respective attornies and thereupon come also a jury
to wit: Thomas J Ferguson: Thomas Beatty: Davis
Doggett: John Hempstead: James Ling: Thadeus Lovejoy: Mason Johnson: Benjamin
Fine: Samuel Denny: David S Jameson: Robert Lewis: & Thomas J Brown. twelve
good and lawful men who being duly dlected tried and sworn the issue within joined
between the parties aforeaaid well and truely to try. on their oaths aforesaid say that the defendant did undertake and promise in manner and form as is on said declara-
-tion alleged and they
the nonperformance of said promises and undertakings at the sum of one hundred
forty five dollars. twenty five cents: it is therefore considered by the court that the said
plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the
jury
thereof Execution
Dam/827.50
Trover
Now at this day come the parties aforesaid by their respective attornies.and
thereupon come also a jury to wit: Thomas J Ferguson: Thomas Beatty:
Davis Doggett: John Hempstead: James Long: Thadeus Lovejoy: Mason
Johnson: Benjamin Fine: Henry S Taylor: David S Jameson: Robert Lewis & Thomas J
Brown: 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 find that
the defendants are guilty in manner and form as charged. and do
-tained by the plaintiff to the sum of eight hundred and twenty seven dollars and fifty
cents. it is therefore considered by the court that the said plaintiff recover of the said de-
-fendants his damages aforesaid in form aforesaid by the jury
charges in this behalf expended and have thereof Execution. Bill of Exxceptions filed
Now at this day comes the said defendant by her attorney. and
files her petition verified according to law and praying for a change
of venue herein which petition being seen and heard and by the
court deemed sufficient it is ordered by the court that the venue of his cause 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 transcript the same duly
of the
The court impose a fine of one dollar one John F Hunt. for not attending as a
summoned by the Sheriff to do.
continued
Bill of Exceptions filed
Now at this day come the parties aforesaid by their respective attornies
and thereupon come also a jury to wit: Charles M Bobb: John W Bund
John G Lehman: Frederick Dings: Robert King: John Daris: Mason Johuson: William Beales
Henry S Taylor: Henry H Gibson: William Hawkins & David McDowell twelve good and law
-ful men who being duly elected tried and sworn the issue within joined between the parties
aforesaid well and truely to try retire to consider of their verdict and after being absent
sometime return here again into court and say they cannot agree upon a verdict and there
-upon by consent of parties the jurors are discharged and the cause is continued.
Court adjourned until to morrow morning at 10 Oclock
Bryan Mullanphy
Tuesday January 11th 1842
Court met pursuant to adjournment. present as before
Now at this day comes the said plaintiff by his attorney and saith he
will not further prosecute his suit in this behalf. but voluntarily suffers
the same to be discontinued at this costs: it is therefore considered by the
court that the said defendant recover of the said plaintiff his costs and charges in this be-
half expended and have thereof Execution
Now at this day comes the said plaintiff by his attorney. and saith he
will not further prosecute his suit in this behalf but voluntarily suffers
the same to be discontinued at his costs. it is therefore considered by the court
that the said defendant recover of the said plaintiff his costs and charges in this behalf
expended and have thereof Execution
continued by consent
Plea filed
Now at this day comes the said plaintiff by his attorney and prays
the writ of the state to cause him to have
-ises in his declaration mentioned and the same is granted
continued by consent
By consent of the plaintiff it is ordered that
the garnishee summoned in this cause on Exe-
-cution be and he is hereby discharged from
all liability and demand in and by virtue
of such garnishment at the costs of said plaintiff.
continued
Continued by consent
By consent of the plaintiff it is ordered that George Collier and
William G Pettus who were summoned as garnishees herein be
and they are hereby discharged from all liability and demand in
and by virtue of such garnishment at the costs of said plaintiff
continued by consent
continued
There having been no service of the writ issued herein on said defend-
-ant it is ordered that this suit be abated at the costs of said
plaintiff
There having been no service of the writ issued herein
on said defendants. it is ordered by the court that this
suit be abated at the costs of said plaintiff
There having been no service of the writ issued herein on said
defendant: it is ordered by the court that this suit be abated
at the costs of said plaintiff
There having been no service of the writ issued herein on said
defendant: it is ordered by the court that this suit be abated
at the costs of said plaintiff
There having been no service of the writ issued herein on said de-
-fendant: it is ordered by the court that this suit be abated at the
costs of said plaintiff
There having been no service of the writ issued herein on said de-
-fendant: it is ordered by the court that this suit be abated at the
costs of said plaintiff
There having been no service of the writ issued herein on said de-
-fendant: it is ordered by the court that this suit be abated at the
costs of said plaintiffs
In partition Report of Commissioners filed
On motion of plaintiffs attorney leave is given him to amend
his petition by striking out "and Fanny his wife" and on
further motion it is ordered that the order of publication
heretofore made in this cause be and the same is hereby set aside.
In Partition
To the above named Jean Bellissime &
Marie Bellissime. Take Notice
That said plaintiff
has filed in this court his petition for partition praying among other things for partition among
the parties aforesaid according to their respective rights and interests of a certain lot of ground sit-
-uate lying and being in the city of St. Louis in Block number fifty six and containing a front
on Second sheet of sixty nine feet French measure be the same more or less and running
back in depth one hundred and sixty feet French Measure be the same more or less, bounded
east by Second Sheet north by land of Mullanphy west by land of which the owners are un-
known and South by land of Sulton: and it is ordered by the court that you the said
Jean Bellissime and Marie Bellissime be and appear at the next term of this court to be
begun and held at the city of St Louis on the third monday of November next and on or before
the sixth day thereof plead to or answer said petition or in deafult thereof this court
will proceed therein exparte: and it is further ordered that this order be published according
to law.
On motion of defendants attorney leave is given him
until the third Monday of this term to plead to this
action.
John Ruland clerk of this court presents James H Milbourne as a Deputy clerk
of said court and thereupon he is appeared by the court and sworn in
Detinue
The Judge of this court being related to the defendant herein it is
ordered that the venue of this cause be charged 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 second and proceedings herein and transmit the same
duly certified together with all the original papers filed in the cause and not
forming a part of the record to the clerk of the said Court of Common Pleas.
continued by consent
continued
Amended answer of B. W. Alexan-
-der filed
Now at this day comes Logan Hunton Esq and suggests to the court
here the death of Antoine Chenie and enters the appearance of
Antoine L. Chenie and Louis B Bogy as administrators and thereupon the cause is
continued
Pleas filed
Pleas filed
Pleas filed
contiuned on affidavit at costs of
defendants for absence of John R White
On motion of plaintiffs attorney it is ordered that an
alias summons issue herein
Not at this day comes F.B. Murdoch Esq and
suggests to the court here the death of Josiah Ce-
-phas plaintiff in this action
answer of Montgomery Blair Garnishee herein filed
Answer of George R H Clark
filed
Covenant
Now at this day comes the said plaintiff by his attorney and saith
he will not further prosecute his suit in this behalf but voluntarily
suffers the same to be discontinued at his costs it is therefore considered by the court that
the said defendant recover of the said plaintiff his costs and charges in this behalf
expended. and have thereof Execution
Covenant
Now at this day come the said plaintiffs by their attorney
and say they will not further prosecute their suit in
this behalf but voluntarily suffer the same to be dis-
-continued at their costs: it is therefore considered by the court that the said defendants re
-cover of the said plaintiffs their costs and charges in this behald expended and have there
=of Execution
Debt/601.42
Dam 42.09
Petition in Debt
Now at this day come the parties aforesaid by their respective attornies. and
neither party requiring a jury. all and singular the premises are by them
submitted to the court which being seen and heard and by the court here fully understoof the court
doth find as to the issue within joined between the parties aforesaid. that the said defendant does
owe the said plaintiff in manner and form as the plaintiff above thereof alleged: and the court
doth further find that said defendant is indebted to the said plaintiff in the sum of six hun-
-dred and one dollars and forty two cents. and that said plaintiff hath sustained dam-
-age by reason of detention of said debt to the amount of forty two dollars and nine
cents. it is therefore considered by the court that the said plaintiff recover of the said de-
-fendant his debt and damages aforesaid in form aforesaid by the court found and
assessed. together with his costs and charges in this behalf expended. and have thereof
execution
Plea filed
Plea filed
On motion of plaintiffs attorney leave is given him to withdraw
from the files of this court the note on which this action is foun-
-ded upon his giving a receipt for the same and leaving a copy thereof
Suit for freedom
suit for freedom
suit for freedom
And now at this day come the attorneys
for the plaintiffs and defendants in the above entitled causes and represent to the court that the
said several causes have been arranaged and settled between the said several parties in interest
and a transfer and conveyance by the defendants in interest in the said several causes to Chesley
Evans of all their right and title to the said several plaintiffs: Viea: Thadeus Alonzo and
Musa Be Abel Gazen and thereupon the court on motion of the plaintiffs attorney reseinds
the orders by the said court made in the said several causes requiring the Sheriff of the County
of St Louis to hue out the said Viea: the said Thadeus Alonzo and the said Musa Ben Abel
Gazen and that the Sheriff discharge from his custody and Keeping the said Viea: the
said Thadeus Alonzo; and the said Musa Ben Abel Gazen and it is further ordered
by said court on motion of plaintiffs attorney that the said several causes by dis-
-mised
Dam/1085.
Trespass on the case
Now at this day come the parties aforesaid
by their respective attornies and the issue
herein joined being submitted to the court
the court with assent of parties do find the
defendants intestate guilty in manner and form as the said plaintiffs have above thereof
complained and with assent of parties
to the sum of one thousand and eighty five dollars: it is therefore considered by the court that
the said plaintiffs recover of the said defendant their damages aforesaid in form aforesaid by the
court
-ther considered by the court that each party pay his own costs:
And the said defendant producing
here in court a paper signed by said John McKee and others of the plaintiffs. whereby it ap
-pears that the sum of one thousand and eighty five dollars have been satisfied to the
said plaintiffs. it is therefore ordered that the said judgment be discharged
satisfied see conclusion of entry
Jn Ruland Clerk
Now at this day come the said plaintiffs by their attorney and consent
that Christopher G Pearce who was summoned as garnishee herein be
and he is hereby discharged from all liability and demand in and by virtue
of such garnishment at the costs of the plaintiffs and it is further ordered that execution therefore
"the lot of John and Augustus Kerr. and southwardly by lot formerly of Paul M Gratiot
"now of the estate of Bernard Pratte: Being the same lot this day conveyed to said an-
"-derson by said Billen & wife." and if the mortgaged property aforesaid be not sufficient
to satisfy debt damages and costs. then the residue to be levied of the other goods
and chattels. lands and tenements of the said John J Anderson
On motion of defendants attorney. it is ordered that
adedimus issue to the state of Kentucky to take depo-
-sitions to be read on the part of said defendants.
Petition for partition
Now at this day comes the said plaintiff by his
attorney and the said defendants although de-
-manded come not but make default. nor have
they pleaded to said petition. wherefore the said
plaintiff ought to recover of the said defendants.
In Partition
Now at this day come the said petitioners
by their attorney and the
specifying therein the manner of executing their trust and describing the lands divided and the
shares allotted to each party with the quantity of each share the foundaries courses and dis-
-tances which report and the matters and things therein contained are confirmed by the
court as valid and effectual forever
Replications filed
Disclaimer of R. J. Curle
filed
Elbert Woodward who is proven to the court by the testimony of Peter W Johnstone *amp; George
W Pine two credible witnesses examined under oath to that effect comes into court here and
acknowledges the execution of a deed of Emancipation by him in favor of a mulatto boy named
John Eppo aged about fifteen years
Declaration filed by consent
Now at this day comes the said plaintiff by his attorney and the said
defendant by Albert Todd his attorney who produces to the court a
power of attorney to that effect duly proven. also comes and says that he cannot deny but that
said plaintiff hath sustained damage by reason of the premises in his declaration mentioned to
the amount of two thousand one hundred and fifty dollars for which sum he confesses judg-
-ment it is therefore considered by the court that the said plaintiff recover of the said defendant
his damages aforesaid in form aforesaid confessed together with his costs and charges in this be
-half expended and have thereof Execution
On motion of defendants attorney leave is given them to withdraw from the
files of this court the deeds annexed to the depositions on behalf of said de-
-fendants upon their leaving copies and giving receipts for the same
continued
continued
continued
continued
Debt $54.70
On Garnishment
Now at this day come the said plaintiffs by their attorney and move
the court to enter up judgment herein against said garnishee and
it appearing to the court fum the answer of said garnishee herein
filed that he is indebted to the said defendant in the sum of
fifty four dollars and seventy cents. it is therefore considered by the court that the said plain-
-tiffs recover of said garnishee the aforesaid sum confessed to be in his hands due and belonging
to said defendant Bostwick first deducting the costs by said plaintiffs expended in and about
the recovery of their judgment against said defendant as well as in this behalf expended and
the sum of five dollars which the court allows said garnishee for his trouble in this behalf in
answering and that they have thereof execution. and by consent of the plaintiffs it is ordered
that Matthew Bergen garnishee herein be and he is hereby discharged from all liability and
demand in and by virtue of such garnishment.
Now at this day comes J. Spalding Esq attorney for the plaintiff and
suggests to the court here the death of said plaintiff and thereupon it
is ordered by the court that this suit be abated at the costs of said plain-
-tiff and that execution issue therefore.
continued by consent
continued
continued
Now at this day come the parties aforesaid by their attornies and
thereupon by consent of parties it is ordered that this suit be dis-
-continued at the costs of the defendant: it is therefore considered
by the court that the said plaintiff recover of the said defendant his costs and charges
in this behalf expended and have thereof Execution
Scire facias on Lien
Now at this day comes the said plaintiff by his attorney and the said de-
-fendant although demanded comes not nor hath he pleaded to said
Scire facias wherefore the said plaintiff ought to recover of the said defendant but because
it is unknown to the court what damage the said plaintiff hath sustained by reason of the
premises in his scire facias mentioned. it is ordered that enquiring thereof be made at the
present term of this court and the same time is given to the defendant.
Petition in Debt
Now at this day come the parties aforesaid by their respective attornies
and thereupon come also a jury to wit: Edward H Chapman: Hugh
Miller: George H Callender: Isaiah Evans: Keeds Pritchett: James Crawford: D.L.
Holbrook: Walter Riddick: Thomas Raxtill: Joseph S Hall: D.T. Wright, and
Samuel Bosworth. twelve good and lawful men, who being duly elected tried and sword
the issues within joined between the parties aforesaid well and truly to tty: and thereupon
the said plaintiff having failed to prosecute his suit with effect: it is therefore consider-
-ed by the court that the said plaintiff take nothing by his said suit but that said defendant
Marshall Brotherton Esq Sheriff of the county of St Louis comes into court here and acknowl
-edges the Execution of a deed by him as Sheriff as aforesaid in favor of William A Deitz
for " A Certain piece or lot of ground in Chonteaus addition to St Louis founded north sixty two
feet and six inches by Market street eastwardly one hundred and thirty five feet by a lot
leased to Robert S Graham the west line of which is parallel to Tenth street and distant
from it sixty two and one half feet southwardly by an alley or strip of ground sixteen
feet wide sixty two and one half feet and westwardly by Tenth street one hundred and
thirty five feet being the same leased to the said Amos L Corson by Elihu H Shepard for
ten years from the twelfth day of April eighteen hundred and thirty seven on which
axe from frame houses." sold under an execution issued from the office of the Clerk of
the Circuit Court for St Louis County in favor of Robert T Potts: William Reynolds
and James B McFarland against Amos L Colson and the said William A
Deit being the highest and last bidder for the above described property at the price
and sum of fifty dollars the same was stricken off and sold to him for that sum.
Replication filed
Pleas filed
Motion filed to set aside Judgment by default
Replevin
Now at this day comes the said plaintiff by her attorney and the said
defendant although demanded comes not nor hath he pleaded to said
action wherefore the said plaintiff ought to recover of the said defendant and not requi-
-ring a jury to assess her damages but consenting that the same be nominal the court doth
assess the plaintiffs damages by her sustained by reason of the premises in her declaration
>mentioned at the sum of one cent: it is therefore considered by the court that the said plain-
-tiff recover of the said defendant her damages aforesaid in form aforesaid by the court assessed
together with her costs and charges in this behalf expended and have thereof Execution.
Dam $00.01
On motion of said garnishee by his attorney
it is ordered that he be and he is herely dischar-
-ged from all liability and demand in and
by virtue of such garnishment. at the
costs of the plaintiffs and that execution issue therefore.
Trover
Now at this day come again the parties aforesaid by their respective at-
-tornies and the jurors aforesaid also return here into court and being
now agreed upon a verdict upon their oaths aforesaid find that the said defendant is guilty
of the wrongs and grievances charged against him. in said declaration in manner and
form as the said plaintiff has alleged and
is therefore considered by the court that the said plaintiff recover of the said defendant
his damages aforesaid in form aforesaid by the jury assessed together with his costs and
charges in this behalf expended and have thereof Execution. Motion filed for new trial
Dam $100
Now at this day come the said defendants by their attorney. and the said
plaintiff although solemnly called comes not but makes default nor
hath she prosecuted her suit with effect. "it is therefore considered by the
court that the said plaintiff take nothing by her said suit. but that said defendants go thereof with-
-out day and recover of said plaintiff their costs and charges in this behalf expended. and have thereof Execution"
Dam/00.01
Trespass
Now at this day come the parties aforesaid by their respective
attornies and neither party regaining a jury. all and singu-
-lar the premises are by them submitted to the court which
being seen and heard and by the court here fully understood the court doth find as to
the first issue within joined between the parties aforesaid that the said defendant is
guilt of said supposed trespasses whereinwith he is charged in manner and form as in
the declaration set forth: and as to the second issue within joined between the parties afore-
-said the court doth find that at the time of the committing of the trespasses in the said
declaration mentioned. plaintiff was and still is a free person and not the slave of de
-fendant as in the said plea is alleged: and the court doth further find that said plain-
-tiff hath sustained damage by reason of the premises in her declaration motioned in
the sum of one cent: it is therefore considered by the court that said plaintiff be
liberated and entirely set free from the said defendant and from all persons claiming
by through or under him by title derived since the commencement of this suit: and
the she recover from said defendant her damages aforesaid in form aforesaid by
the court
have thereof execution
Dam/00.01
Trespass
Now at this day come the parties aforesaid by their respective
attornies. and neither party requiring a jury. all and singu-
-lar the premises are by them submitted to the court which be
-ing seen and heard and by the court here fully understood the court doth find as to the
first issue within joined between the parties aforesaid that the said defendant is guilt of
the said supposed trespasses above laid to his charge and as to the second issue within
joined between the parties aforesaid. the court doth find that at the time of the committing
of the said trespasses in the said declaration mentioned plaintiff was and still is a free person and not the slave of the defendant as in the said plea is alleged: and the court doth
further find that said plaintiff hath sustained damage by reason of the premises in his
declaration mentioned in the sum of one cent: it is therefore considered by the court that the
said plaintiff be liberated and entirely set free from the said defendant and from all per-
-sons claiming by through or under him by title derived since the commencement of this
suit. and that he recover from said defendant his damges aforesaid in form aforesaid
by the court assessed together with his costs and charges in this behalf expended and
have thereof execution
continued
continued
Now at this day comes Wilson Pumm Esq and suggests to the
court here the death of Therese Cerre Chouteau defendant herein and
thereupon it is ordered by the court that this suit abate
continued by consent
continued
continued
continued
issue within joined between the parties aforesaid well and truly to try. upon their oaths
aforesaid say that the said defendant is guilty in manner and form. as the said plain-
-tiff hath above thereof complained against him: and they assess the damages of said
plaintiff by him sustained by reason of the wrongs and injuries in the declaration men
-tioned to the sum of three hundred and twenty dollars it is therefore considered
by the court that the said plaintiff recover of the said defendant his damages afore
-said in form aforesaid by the jury
in this behalf expended. and have thereof execution
Dam/445.92
assumpsit
Now at this day come the parties aforesaid by their respective
attornies and thereupon come also a jury to wit: William H
Anderson: W. G. Whitfield: William H Brown: Benjamin K Hersey: George W Brua
Josiah H Crane: Daniel C Denny: John Cole: John W Paulding: William Salisbury
Charles E Long: & William S Denny: twelve good and lawful men who being duly elec-
-ted tried and sword well and truly to enquire what damage the said plaintiff
hath sustained and truly to assess the same upon their oaths aforesaid say that said
plaintiff hath sustained damage by reason of the premises in his declaration mentioned
to the amount of four hundred and forty five dollars and ninety two cents: it is there-
-fore considered by the court that the said plaintiff recover of the said defendant his dam-
-ages aforesaid in form aforesaid by the jury
in this behalf expended. and have thereof execution
I James R McDonald acknowledge
to have to recieved full and
of the judgment of which this is the
the testimony whereof & hereto pertaining h
M
court adjourned until tomorrow morning at 10 O clock
Bryaw Mullanphay
Tuesday August 23rd 1842
court met pursuant to adjournment present as before
Denial of the answers of Albert. G. Edwards: Lucien
D Cabanne: Thomas J Beirne & Henry H Rasin
Garnishees herein filed
continued
continued
The death of the plaintiff having been heretofore sug-
gested: it is ordered by the court that this suit be
abated
Now at this day comes the said plaintiff by his attorney and saith he
will not further prosecute his suit in this behalf but voluntarily suf
-fers the same to be discontinued at his costs: it is therefore considered by
the court that the said defendant recover of the said plaintiff his costs and charges in this behalf
expended and have thereof execution
continued
continued by consent
and heard and by the court here fully understood, the court doth find as to the first issue within
joined between the parties aforesaid, that such lumber was furnished by the said plaintiff in man-
-ner and form as the plaintiff above thereof alleged: and as to the second issue within joined between
the parties aforesaid, the court doth find that the defendant did not pay to the plaintiff the said
sum of money in said Scire facias specified, together with all interest due thereon in manner
and form as the defendant has in its said second plea alleged; and the court doth further find
that said Defendant is indebted to the said plaintiff in the sum of nine hundred and thirty seven
dollars and seven cents: and that said plaintiff hath sustained damage by reason of the detention
of said debt to the amount of fifty seven dollars and twenty two cents: it is therefore considered by
the court. that the said plaintiff recover of the said defendant his debt and damages aforesaid
in form aforesaid by the court found and assessed. together with his costs and charges in this be-
-half expended: and it being ascertained by the court that the amount due said plaintiff is
one twenty sixth and one forty ninth part of one twenty sixth part of the whole amount of liens
charged upon the property in said Scire facias mentioned, and upon which this lien is placed
it is therefore considered by the court, that the said plaintiff have execution against that propertion
of said property, in said Scire facias described viz: "it occupies the entire east front of block one
hundred and one. being two hundred and thirty feet in length on fourth street. by one hundred
and twenty five feet in width on Chesnut street: and the same width on Pine street, with
buildings connecting the Pine and Chesnut street fronts, bounded west by an alley; north by
Pine street, east by Fourth street, and south by Chesnut street: five stories high including
basement and attic stories: the said building is at this time occupied and used as a Hotel
by Stickney & Knight and known as the st Louis Planters House;" as also the ground on
which said building stands. together with the ground around said building: not exceeding
five hundred square feet clear of the building
Trover
Now at this day come the said plaintiffs
by their attorney. And the said defend-
-ants although demanded come not but make default, nor have they pleaded to said action
wherefore the said plaintiff ought to recover of the said defendants, but because it is un-
-known to the court what damage the said plaintiffs have sustained by reason of the premises
in their declaration mentioned: it is ordered that enquiry thereof be made at the present term
of this Court. And thereupon come also a jury to wit; Edward H Chapma, David L Hol-
-brook; Lee Bradfield: Isaac B Burbbayge; John Hilareth: Josiah Evans; Leeds Pritchett
Thomas Gambrel; Samuel Bosworth; William Mills; Michael Christy & Oliver Quinette,
twelve good and lawful men who being duly elected tried and sworn well and truly to
enquire what damage the said plaintiffs have sustained: and truly to assess the same; upon
their oaths aforesaid find that said plaintiffs have sustained damage by reason of the said
grievances in said declaration set forth, in the sum of sixty six dollars; it is therefore con-
by the court, that the said plaintiffs recover of the said defendants their damages
aforesaid in form aforesaid by the jury
behalf expended, and have thereof execution.
Suit for freedom
Now at this day come the parties aforesaid by their respective at-
tornies. And thereupon come also a jury to wit: Erasmus Elliott;
William H Brown; Benjamin K Hersey: Lewis S. Grant; Josiah H
Crane: James Crawford; John Cole; Frederick Lynch; William Salisbury & Charles E Long; 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 find that the defendant is guilty
of the trespasses, grievances and false imprisonment in manner and form as the said plaintiff has al-
-leged against him; it is therefore considered by the court, that the said plaintiff be liberated and
entirely set free from the said defendant, and from all persons, claiming by, through or under
him. by title derived since the commencement of this suit; and that he recover from said de
fendant his costs and charges in this behalf expended and have thereof execution: Motion
and reasons filed for new trial
Dam $2556.25
Trover
Now at this day come the parties aforesaid by their respective
attornies. and thereupon come also a jury to wit: Harry Ul
Chambers. Edward H Chapman David L Hollbrook: Lee Bradfield: Isaac B Burb-
-bagge: John Heildieth: Josiah Evans: Leeds Pilchett: Thomas Gambel: Samuel Bosworth
William Mills and Michall Christy: 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 find that the said defendant is guilty of the said grievances
in said declaration alleged: in manner and form as said plaintiff has above thereof com
-plained against him: and assess the damages sustained by said plaintiff in the sum
of two thousand five hundred and fifty six dollars and twenty five cents: it is therefore
considered by the court that the said plaintiff recover of the said defendant his damages
aforesaid in form aforesaid by the jury
this behalf expended. and have thereof execution.
continued by consent
Court adjourned until Saturday morning at 10 OClock
Bryan Mullanphy
Saturday September 3rd 1842
Court met pursuant to adjournment. present as before
George Massbacher a native of Bavaria who applies to be admitted a citizen of the United States
comes and proves to the satisfaction of the court. that he has resided in the United States for at least
five years and in the State of Missouri at least one year immediately preceding this application during
which time he has conducted himself as a man of good moral character. attached to the principles of
the constitution of the United States and well disposed to the good order and happiness of the same. and the
court moreover being satisfied that said applicant has taken the preparatory steps required by the
Laws of the United States concerning the naturalization of foreingers and he declaring here in open
court upon oath that he will support the constitution of the United States and that he doth
entirely and absolutely renounce and abjure forever all allegiance and fidelity to every foreign
Power: Prince: State and Soveriegnty whatsoever and particularly to the King of Bavaria
of whom he was heretofore a subject: therefore the said George Mossbacher is admitted a citizen
of the United States of America.
Now at this day comes the said
tation issued against him and shows to the court sufficient cause
why he has not filed his appraisement and Bond according to law.
and thereupon the said Rule is discharged: and on motion the said
his trust herein and William Milburn Sheriff of St Louis county is appointed in his stead and
ordered to take charge of the trust estate and effects.
Now at this day comes the said
against him: and files his Bond according to law. and thereupon the
said Rule is discharged
Now at this day comes the said defendant by his attorney and
the said plaintiff although demanded comes not but makes de
fault nor has he prosecuted his suit with effect. It is therefore
Considered by the Court that the said plaintiff take nothing
by his suit but thay said Defendant go thereof without say and recover of said
plaintiff his csts and charges by him in this behalf expended and have thereof execution
There having been no service of
Defendants in this action, It is ordered by the
Court that this suit abate at the cost of the
plaintiff and that execution
There having been no service of
in this action: It is ordered by the court that this suit
abate at the cost of the plaintiff and that Execution
Now at this day comes the said plaintiff by his attorney
and saith he will not further prosecute his suit in this behalf
but voluntarily suffers the same to be discontinued at his
costs. It is therefore considered by the court that said Defendant recover of the
said plaintiff his costs and charges in this behalf expended and have thereof Execution
Now at this day comes the said plaintiff by his
attorney and saith he will not further prosecute
his suit in this behalf but voluntarily suffers
the same to be discontinued at his costs. It is therefore considered by the court that
the said Defendant recover of the said Defendant Plaintiff his costs and charges
in this behalf expended. and have thereof execution.
Dam$00.01
Now at this day comes the said plaintiff by his
attorney and the said defendant although demanded
comes not, nor hath he pleaded to said action
whereforre the said plaintiff ought to recover of
said defendant and not requiring a Juror to
that the same be nominal the Court doth assess the plaintiffs damages by
him sustained by reason of the Premises in his declaration mentioned. at the sum of
one cent. It is therefore considered by the court that the said plaintiff recover of the
said Defendant his damages aforesaid in form aforesaid by the court
with his costs and charges in this behalf expended, and have thereof execution.
Debt $2550.49
Dam $531.54
Scire facias to revive Judgment
Now at this day come the said plaintiffs by their
attorney and the said defendant although deman-
ded comes not but makes default, nor hath he
pleaded to the said Scire facias, nor any cause shown why the said plaintiffs should
not have execution against him as by said Scire facias was made known to him
It is thereofre considered by the court rhat the Judgment aforesaid in form aforesaid
by the said plaintiff recovered as will for the sum of Two thousand five hun-
dred and fifty Dollars forty nine cents for their Debt, as also for
the further sum of five Hundred and thirty one Dollars fifty four
cents Damages as for their costs and charges in said Scire facias
mentioned be revived and stand in full forece, and that said plaintiffs
width: bounded on the east by fifth street: on the south by lot number eight of same
block: on the west by said alley and on the north by lot number ten of said block"
sold under two Executions, one of which
St Louis Court of Common Pleas for the County of St Louis in favor of Ann Biddle
and the other
in favor of John Lee, both of which are against Singleton J Stake, and the
said P D
the Price and sum of Ten Dollars the same were stricken off and sold to him for
that sum.
Marshall Brotherton Esq late 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 Ann Biddle for "A lot of ground twenty feet on the west side of fifth street and
seventy feet deep on the corner of Cave and Biddle Street: bounded on the east
by fifth Street twenty feet. south by Cave Street seventy feet being the lot on
which Ms Casey how first" sold under an execution
Clerk of the St Louis Court of Common Pleas for the County of St Louis in favor of
Ann Biddle against Mathew Casey: and the said Ann Biddle being the highest
and last bidder for the same at the price and sum of Twenty Dollars, the same
and stricken off and sold to her for that sum.
Marshall Brotherton Esq late sheriff of the County of St Louis comes into Court here
and acknowledges the Executions of a deed by him as Sheriff as aforesaid in favor of
James Craig and John D
eighty five of the City of St Louis containing thirty two feet one inch in front of the west
side of third street by one hundred and sixty feet five inches in depth, bounded
east by third street South by Augustin Alvarey, west by
ames Gordon and others" sold under nine Executions
the Clerk of the St Louis Court of Common Pleas for the County of St Louis, one in
favor Matthias Stuiye, one in favor of Benehard Ruckeus, one in favor of Jamis Craig
one in favor of Lewis Hoops, one in favor of John Devlan, one in favor of John Foul, one
in favor of Richard B. Dallam, one in favor John J. Anderson, and one in favor
of Adolphus Meier & John Rust against Jesse Little and Freeman Little: and
the said Amis Craig & John Devil
same at the price and sum of Five hundred Dollars, the same was stricken off
and sold to them for that sum
Now at this day comes Marshall Brotherton Esq late
Sheriff of the County of St Louis and brings the body of said
petitioner in open Court, and thereupon It is ordered by the Court
that said petitioner be transfered to the custody and charge of William Milburn
present Sheriff of the County of St Louis, which was accordingly done, and it is
further ordered by the court that the sheriff hire on said petitioner to the best
advantage from time to time during the pendency
payable to the State of Missouri in the sum of four hundred Follars with such
security as the sheriff approves Conditioned that the hirer will pay the hire to
the Sheriff and return the petitioner at the expiration of the term for which
she is hired on as soon as the action is determined
Court adjourned until Saturday morning December 3rd 10 oclock
Bryan Mullanphy
Now at this day come the parties aforesaid by their respective
attornies and thereupon the said motion of the Defendant
for a new trial herein is by them submitted to the court
which being seen and heard and by the court here freely
understood It is considered by the court that said motion be overruled.
Henry Goffery a native of Ireland who applies to be admitted a citizen of the
United States comes and proves to the satisfaction of the Court that he has
resided in the United States for at least five years, and in the state of
at least one year immediately preceding this application during which time
he has conducted himself as a man of good moral character attached to the
principles of the Constitution of the United States, and well disposed to the good
order and
said applicant has taken the preparatory steps required by the laws of the
United States concerning the naturalization of foreigners and he declaring here,
in open Court upon oath that he will support the Constitution of the United
states and that he doth entirely and absolutely renounce and abjure forever,
all allegiances and fidelity to every foreign Power, Prince, State and Sovereignty
whatsoever and particularly to Victoria Queen of Great Britain and Ireland
of whom he was heretofore a subject therefore the said Henry Goffery is
admitted a citizen of the United States of America.
Now at this day come the parties aforesaid by their
respective attornies and thereupon the said motion
of the Defendants to retax the costs herein is by them
submitted to the Court which being seen and heard
and by the Court here fully understood. It is Considered by the Court that said
motion be overruled.
Now at this day comes the defendant
George H. G. Mellody and brings the body of saind plaintiff in open Court
and thereupon it is ordered by the court that said Plaintiff be transfered
to the custody and charges of William Milburn Esq sheriff of St Louis County
which was accordinly done. It is further ordered that the sheriff hire on
said Plaintiff to the best advantage from time to time during the preceding
of this Cause and take bond from the hirer payable to the State of Missouri
in the Penalty of Four hundred and twenty five Dollars with such security as
he approves conditioned that the hirer will pay the hire to the sheriff and
return the Plaintiff at the expiration of the term for which she is hired
on as soon as the action is determined.
Saugrain Michaw an insolvant Debtor who applies for his final discharge unde
the act for the relief of Insolvent debtors, having complied with the provisions of
said act and no allegations having been filed against him, he is by the court
finaly discharged and exempted from arrest and imprisonment for any debt
Contract judgment or liability of whatsoever nature by him contracted or entered
into prior to this application.
Freedom
Now at this day comes the plaintiff by her attorney
and the defendant Richmond J. Gurle comes by
attorney disclaim any ownership or claim upon
said plaintiff or that he ever had said plaintiff in his posession. It is therefore
of America.
Now at this day comes the parties aforesaid
by their respective attornies and the sheriff having
heretofore filed his report herein stating the de-
Serifition of the lands sold. the names of the pachers and the prices bif
therefore. It is ordered by the court that said report and the matters and things
therein contained be continued as firm and effectual forever. It is further
ordered by the Court that the sheriff execute deed for said lands to the pur-
chasers herein.
Court adjourned until tomorrow morning at 10 oclock
Bryan Mullaufrhy
Friday January 13. 1843.
Court met pursuant to adjournment present the Honorable Bryan Mullaufrhy
Judge: William Milburn Esq sheriff & John Ruland clerk
On the motion of Plaintiffs attorney. It is ordered that a Dedimus
be read on the part of said plaintiff
It appearing to the court that Judgment of liberation
has been reordered in this suit in favor of said plaintiff
and that she is still confined in the Jail of St Louis
County only abiding the Judgment in this Cause, It is therefore
ordered that a writ
him to Cause said plaintiff to be discharged from the custody of the Jailer and
set at liberty & to make return of said writ to this Court forthwiths
Now at this day come the parties aforesaid by their
attorney and the commissioners herein having heretofore
filed their report specifying the manner of executing their
trust and describing the land divided and the shares
allotted to each party with the quantity of each share, the boundaries Courser and dis-
tances which report and the matters and things therein Contained are Confined
by the Court as firm and effectual forever
Court adjourned until tomorrow morning at 10 oclock.
Bryan Mullaufrhy
Court met pursuant to adjournment. Present the Honorable Bryan
Mullanphy Judge; William Milburn Esqr sheriff & John Ruland clerk.
Now at this day come the parties aforesaid
by their respective Attornies and thereupon the
said motion of the defendants for a new
trial herein is by them submitted to the Court
which being seen and heard and by the Court here fully understood, It is considered
by the Court that said motion be overruled.
Amos H. Worthen an insolvent debtor who applies for his final discharge under
the act for the relief of insolvent debtors, having complied with the provisions of
said act and no allegations having been filed against
discharged and exempted from arrest and imprisonment for any debt, contract
Judgment or liability of whatsoever nature by him contracted or entered into prior
to this application.
Now at this day come the parties by their respective
attornies and thereupon the said motion of the defendant
for a new trial herein is by them submitted to the Court
which being seen and heard and by the Court here fully understood, It is
considered by the Court that said motion be overruled.
Now at this day come the said parties by their respective
attornies, and thereupon the said motion of the defendant
for a new trial herein is by them submitted to the Court,
which being seen and heard and by the Court here fully understood, It is considered
by the Court that said motion be overruled.
Now at this day come the parties aforesaid by their res-
pective attornies and thereupon the said motion of the de-
fendant for a new trial herein is by them submitted to the
Court, which being seen and heard and by the Court here fully understood, It
is considered by the Court that said motion be overruled.
Now at this day come the parties aforesaid by their respective
attornies, and thereupon the said motion of the Defendant for
a new trial herein is by them submitted to the Court, which
being seen and heard and by the Court here fully understood, It is considered by
the Court that said motion be overruled.
Now at this day come the parties aforesaid by their respective
attornies and thereupon the said motion of the Defendant
for a new trial herein is by them submitted to the Court
which being seen and heard and by the Court here fully understood, It is considered
by the Court that said motion be overruled.
Now at this day come the parties aforesaid by their respective
attornies and thereupon the said motion of the Defendant
for a new trial herein is by them submitted to the Couty,
which being seen and heard and by the Court here fully understood, It is considered
by the Court that said motion be overruled.
Marshall Brotherton Esq late sheriff of St Louis County comes into Court here
and acknowledges the execution of a deed by him as sheriff as aforesaid in
favor of Margaret Anderson for a certain lot situate in block number one hundred
and thirty four of the City of St Louis Containing seventy feet fron on Elm street
of said City by one hundred feet deep bounded North by Elm street east by Beltz-
hoover, south by an Alley and west by Homan st sold under two executions
from the Office of the Clerk of the St Louis Court of Common pleas one in favor
of the St Louis Gas Light Company, the other in favor of William Glasgow, both
against John J. Anderson, and the said Margaret Anderson being the highest and
last bidder for the same at the price and sum of Twenty Dollars, the same
was stricken off and sold to her for that sum.
Ejectment
Now at this day comes the said plaintiff by his Attorney and
the said defendant although demanded comes not but
makes default nor hath he pleaded to said action, wherefore the said plaintiff
ought to recover of the said Defendant and not requiring a Jury to assess his
damages but Consenting that the same be nominal, the Court doth the damages
by him sustained by reason of the promises in his declaration mentioned at the
sum of One Cent, It is therefore Considered by the Court that the said plaintiff
recover of the said Defendant his Damages aforesaid in form aforesaid by the
Court assessed together with his Costs and Charges in this behalf expended, and
have thereof execution.
It is ordered by the Court that William Milburn Esq
sheriff of St Louis county hire out the said plaintiff
herein to the best advantage from time to time during
the pendancy of this suit, and take bond from the hirer payable to the
state of Missouri in the penalty of Seven Hundred Dollars with such security
as he approves Conditioned that the hirer will pay the hire to the sheriff
and return the plaintiff at the expiration of the term for which she is hired
or as soon as this action is determined.
Court adjourned until tomorrow morning at 10. oclock.
Court met pursuant to adjournment present the Honorable Bryan
Mullanphy Judge William Milburn Esq sheriff & John Ruland clerk.
On application of Levi T. Carr to be admitted a member of this Bar, and
the Court being satisfied that he has been regularly licensed to practice law
in the several Courts of record in this state: it is ordered that he be admitted
as a member of this bar and that he be enrolled accordingly, which is done.
Now at this day come the parties a-
foresaid by their respective attorneys and
thereupon the said motion of the De-
fendant to quash the Executions herein is by them submitted to the Court,
which being seen and heard and by the court here fully understood, It is