|
St. Clair County Circuit Court
Microfilm Transcripts
April Term 1844
Page 114:
April Term 1844
At a circuit Court Commenced And held at the Courthouse in the Town
of Osceola in St. Clair County on the first day of April A.D. 1844
Present Foster P. Wright Ct. Judge
Chas. P. Bullock Clerk
John Smarr Sheriff
On motion of John T. Crenshaw Esq’r, Charles C. Smith is permitted
to Sign the role of Attornies And permitted to practice in this
Court as Attorney and Counselor at law.
The Sheriff of St. Clair county returns here into Court the Venera
for a Grand Jury from which is Sworn and Empannelled The following
named gentlemen as a Grand inquest for the State of Missouri for the
body of the County of St. Clair To Wit Joseph B. Winston foreman,
William Welch, John Haney, William R. Cathom, Avery B. Howard,
George W. McFarland, Reuben Vaughn, William L. Browning, George
Preston, Lavern Beale, George Trotter, Benjamin Reed, John Bateman,
Martin Waggoner and Randolph Whitley – fifteen good and lawful men
of St. Clair County – who having received their charge retired to
Consider of their presentments.
State of Missouri – Plff
vs
Elkennah Cain – Deft
Indictment from Dram Shop Keeping
Now at this day Comes the parties by their Attorneies and the
defendant by his Attorney files herein his motion to quash the
Indictment in this Cause which motion being argued And by the Court
fully heard And understood it is by the Court Sustained Whereupon it
is Ordered by the Court here that the Said defendant from his
recognizance be discharged and that he go thereof without day.
State of Missouri – Plff
vs
Elkennah Cain – Deft
Indictment for dram Shop Keeping
Now at this day comes the parties by their Attornies and the
defendant by his attorney files herein his motion to quash this
Indictment.
Page 115:
April Term 1844
James Breeden Adm’r of the estate of Jonas Heath deceased – Plff
vs
Peter Ashley – Deft
Assumpsit
Now at this day comes the parties by their Attornies and the
Defendant by his Attorney files herein his motion for a continuance
of this Cause And for good Cause Shown this cause is Ordered to be
Continued untill the next term of this Court at the Defendants
Costs.
James Whitney – Plff
vs
William Welch – Deft
Trover
Now at this day Comes the Defendants by his Attorney And files
herein his motion to rule the plaintiff to security for costs in
this Cause.
John Sapington – Plff
vs
Abner C. Tyre – Deft
Petition in debt
Now at this day comes the parties by their Attornies and both
parties being ready for trial and neither party requiring a Jury
this Cause is Submitted to the Court – Whereupon the Court After
hearing the evidence doth find that the Said defendant is indebted
to the said plaintiff in the sum of Eighty Two Dollars and forty
four Cents for his debt and fifteen Dollars and forty cents for his
Damages by way of interest Therefore it is Considered by the Court
here that the said plaintiff recover of the said Defendant the sum
of Eighty Two Dollars and forty four Cents for his debt and fifteen
Dollars and forty Cents for his Damages so assessed by the Court
aforesaid together with his Costs and Charges in this behalf laid
out And Expended and that he have thereof his writ of Execution.
The State of Missouri by Joseph F. Allen – Plff
vs
Edmund Wood – Deft
Recognizance to Keep the peace
Now at this day Comes the Circuit attorney who prosecutes for the
State of Missouri as well as the said defendant by his Attorney and
the Said Circuit Attorney says he will not further prosecute this
recognizance Therefore it is ordered That the said Defendant from
his recognizance be discharged And that he go thereof without day.
Page 116:
April Term 1844
William Hartey – plff
vs
Robert K. Beale – Deft
Petition in debt
Now at this day Comes the parties by their Attorneys and the
plaintiff by his attorney and by Consent of the parties dismiss this
Cause at the defendants Costs therefore it is Considered by the
Court That this Cause be dismissed and that the plaintiff recover of
the said defendant his Costs and Charges in this behalf laid out and
Expended and that he have thereof his writ of Execution.
Henry Oneal – Plff
vs
William P. Burks – Deft
Petition in debt Attachment
Now at this day Comes the plaintiff by his attorney and moves to
dismiss his Cause – Whereupon it is ordered that this Cause be
dismissed at the plaintiffs Costs.
David Saunders & William Saunders – Plff
vs
Henry W. Crow – Deft
Petition in debt – Assumpsit
Now at this day Comes the parties by their Attornies And both
parties being ready for trial And neither party requiring a Jury
this Cause is Submitted to the court Whereupon the Court after
hearing the evidence do find that the Defendant is indebted to the
plaintiff in the Sum of for the plaintiffs and assess his damages at
Ninety Two Dollars and Seventy Eight Cents – Therefore it is
considered by the Court that the said plaintiffs recover of the said
Defendant the sum of Ninety Two Dollars and Seventy Eight Cents for
his damages so assessed by the Court as aforesaid together with his
Costs and Charges in this behalf laid out and Expended And that he
have thereof his writ of Execution.
Henry Reece – Plf
vs
William H. McCullock & Jacob A. Browning – Defts
Petition in debt
Now at This day Comes The parties by their attornies and both
parties being ready for trial and neither party requiring a Jury
This cause is Submitted to the Court Whereupon the Court After
hearing the evidence do find that the Said defendant is indebted to
the Said
Page 117:
April Term 1844
Plaintiffs in the sum of One hundred and fifty Dollars for his debt
and Twelve Dollars and seventy five Cents for his damages by way of
interest – Therefore it is Considered by the Court here that the
said Plaintiff recover of the Said defendants the sum of One hundred
and fifty Dollars for his debt and Twelve Dollars and Seventy Eight
Cents for his damages so assessed as aforesaid together with his
Costs and Charges in this behalf laid out and Expended and that he
have thereof his writ of Execution.
William B. Moore & Orville Greene – Plffs
vs
Edward T. Berry – Deft
Petition in debt And Attachment
Now at this day Comes the Defendant and by his attorney and files
herein his motion to quash the attachment and summons in this cause
issued.
Ordered that Court Adjourn untill Tomorrow morning Eight of the
Clock.
F.P. Wright
Tuesday morning Eight of the Clock Court met pursuant to
Adjournment. – Present as on Yesterday.
William Hook – Plff
vs
Elisha Thomas – Deft
Petiton in Debt
Now at this day Comes the parties by their Attornies and the
plaintiff by his Attorney files herein his demurrer to the
Defendants Special plea, Which demurrer being Argued And by the
Court fully heard and understood, The Court doth Consider that the
law is with the plaintiff – Therefore it is Considered by the Court
here that the said plaintiff recover of the said defendant his Costs
and Charges arising from Said Special plea.
James Whitney – Plff
vs
William Welch – Deft
Trover
Page 118:
April Term 1844
Now at this day Comes the parties by their Attornies and the
defendant files herein his plea of not Guilty to the plaintiffs
declaration.
Joseph Waldo – Compl’t
vs
Daniel Brant – Defendant
Petition to foreclose Mortgage
Now at this day Comes the defendant by his Attorney And files herein
his motion to arrest the Judgment in this Cause.
State of Missouri – Plff
vs
Hiram Fredrick – Deft
Indictment for Perjury
Now at this day Comes the Circuit attorney who prosecutes for the
State of Missouri and the said defendant in his own proper person
and files herein his motion to quash this indictment Which Motion
being Argued And by the Court fully heard and understood by the
Court is by the Court Overuled.
Daniel B. Clardy – Plff
vs
Richard Stow, Abraham Stow & Ebenezor Gash – Deft
On Motion of foreclosure of delivery bond and Execution
Now at this day Comes the Said Plaintiff by his attorney And
Suggests to the Court here that the bond for the delivery of the
property levied on by Virtue of the Execution in this Cause Said
Plaintiff Against Abraham Stow, Rich’d Stow, Revas Thompson and
Hezekiah Thompson has been forfeited And moves the Court for
Judgment against the Said defendants in the Execution and Ebenezor
Gash their security in the delivery Bond Whereupon the Court after
hearing the Evidence do Consider that the Said plaintiff recover of
the Said defendants in the Execution and the Said Ebenezor Gash the
Security in the said delivery bond the sum of Seventy Three Dollars
And Sixty Eight Cents the amount of Said Execution – And that he
have thereof his writ of Execution.
Page 119:
April Term 1844
State of Missouri – Plaintiff
vs
Elkennah Cain – Defendant
Indc’t dram Shop Keeping
Now at this day Comes the Circuit Attorney who prosecutes for the
State of Missouri as well as the said defendant by his attorney And
the said defendant by his attorney files herein his motion to quash
the Indictment in this Cause, which motion being Argued And by the
court fully heard and understood is by the Court Sustained –
Therefore it is Ordered by the Court that the said defendant from
his recognizance be discharged and that he go thereof without day.
Avery B. Howard, State of Missouri – Plff
vs
Hiram Fredrick – Deft
[nothing else is written on this case]
James Whitney – Plff
vs
William Welch – Deft
Trover
Now again Comes the parties by the attornies and the motion filed
here on Yesterday to rule the plaintiff to security being Argued and
fully heard and understood by the Court is by the Court sustained –
Therefore it is Considered And Ordered by the Court here that the
said plaintiff file in the office of the Clerk of this Court a bond
Conditioned as the law directs with good and sufficient security for
the payment of the Costs in this cause and that in default thereof
this Cause is ordered to be dismissed.
John Wolff & John Hoppe – Plffs
vs
Thomas E. Draffin and John Draz – Defendants
Assumpsit
Now at this day Comes the parties by their Attornies and the
defendants by his Attorney withdraws his plea in this Cause filed
And the Said defendant says nothing further in defence of the said
plaintiffs action Against them Whereupon the said plaintiffs Ought
to recover Against the said defendants Their damages in consequence
of the premises And because it is Suggested and proved and
manifestly appears to the Court here that the sum of
Page 120:
April Term 1844
Seventy Two Dollars and sixty two cents for their damages is Justly
due from the Said Defendants to the said plaintiffs Therefore it is
considered by the Court that the said plaintiffs recover against the
said defendants the aforesaid sum of Seventy Two Dollars and Sixty
Two Cents for their damages So Assessed by the Court as aforesaid
together with their costs and Charges in this behalf laid out and
Expended and that he have thereof his writ of Execution.
Oliver Bennett – Plff
vs
Pleasant M. Cox & Zachariah Lilley – Defendant
Petition in debt
Now at this day Comes the parties by their Attornies And both
parties being ready for trial And neither party requiring a Jury
this cause is submitted to the Court Whereupon the Court after
hearing the evidence do find that the said defendants are indebted
to the said plaintiff in the sum of four hundred and Eighty Eight
Dollars and Seventy five Cents for his debt and One hundred and two
Dollars and Eighty Two cents for his damages by way of interest
Therefore it is Considered by the Court that the said plaintiff
recover of the said defendants the debt and damages So assessed by
the Court as aforesaid together with his Costs and Charges in this
behalf laid out and Expended And that he have thereof his writ Of
Execution.
John B. Waldo – Plff
vs
Edward T. Berry, William C. Thompson & John W. Berry – Defts
Petition in Debt
Now at this day Comes the defendants by their Attorney And by leave
of the Court files herein their plea of nil Debit to the plaintiffs
action.
Richard Thurston – Plff
vs
Alfred Wallace and Onicimas Evans – Defts
Assumpsit
Now at this day Comes the parties by their Attornies and upon their
agreement and motion this Cause is ordered to be Continued untill
the next term of this Court.
Page 121:
April Term 1844
Abraham Banta – Plff
vs
Joseph Montgomery – Deft
Case
Now at this day Comes the parties by their Attornies and both
parties being ready for trial Comes a Jury Towit – Robert N. Burch,
Harden F. Williams, Robert Williams, George W. Ponds, Joseph W. Cox,
Edward Alexander, David A. Bunch, Simeon C. Bruce, William M. Cox,
John E. Morgan, Henry Pollard and Lewis C. Douglass – twelve good
and Lawful men Elected Sworn and impannelled well and truly to try
the issue in this Cause Joined, After hearing the Evidence and
argument of Counsel returned here into Court the following Verdict
To Wit – “We the Jury find for the Defendant”. Therefore it is
Considered by the Court here that the said Defendant recover of the
said plaintiff his costs and Charges in this behalf laid out and
Expended and that he have thereof his writ of Execution.
State of Missouri – Plff
vs
Calvin Margrave & Jacob Hartgrave – Deft
Recognizance to answer Indictment to be perjured against therein by
Grand Jury for Grand Larceny
Whereas it appears from the return of the Grand Jury that they find
no true bill in the above Cause and upon a majority of the roles of
said Jury is determined that Jonas Misgrave the prosecutor in this
Cause shall pay the Cost of prosecution in this cause as well in
this Court as in the Court below – Therefore it is Considered by the
Court here that the State of Missouri recover her Costs and Charges
in this behalf laid out and Expended And that she have thereof her
writ of Execution.
The Grand Jury for the body of the County of St. Clair returns here
into Court a true bill upon an Indictment against (space) for
(space) and having no further business before them were by the Court
discharged.
State of Missouri
Vs
[Space left blank]
Ordered that a writ of Capias issue in the above Cause be directed
to the Sheriff of St. Clair County returnable to the
Page 122:
April Term 1844
next term of this Court untill which time this Cause is Ordered to
be Continued.
Robert Williams – Plff
vs
Julius Sulliff and Edmund Nance – Defendant
Petition in Debt
Now at this day Comes the parties by their attornies and the
defendant files herein his motion for a continuance of this Cause
And for good cause Shown to the Court this Cause is ordered to be
Continued untill the next term of this Court at the Defendants
Costs.
Abraham Redfield – Plff
vs
Joseph Montgomery – Deft
Petition in debt
Now at this day comes the parties by their attornies and the
Defendant files herein his motion to dismiss this cause.
Abraham Redfield – Plff
vs
Joseph Montgomery – Deft
Petition in debt
Now at this day Comes the defendant by his attorney and by leave of
the Court files herein his plea to the plaintiffs petition.
Samuel P. Hedges – Plaintiff
vs
Andrew Culbertson – Defendant
Assumpsit
Now at this day Comes the parties by their attornies and upon their
motion and agreement this Cause is Ordered to be dismissed Each
party paying his own costs.
William Hook – Plff
vs
Elisha Thomas – Deft
Petition in Debt
Now at this day comes the parties by their attornies and both
parties being ready for trial And neither party
Page 123:
April Term 1844
requiring a Jury, this cause is Submitted to the Court whereupon the
Court after hearing the Evidence doth find that the said Defendant
is indebted to the said plaintiff in the sum of Seven hundred and
Eight Dollars and Thirty Two Cents for his debt and Six hundred and
Sixty four Dollars and Seventy five Cents for his Damages –
Therefore it is Considered by the Court here that the said plaintiff
recover of the said Defendant the sum of seven hundred and Eight
Dollars for his Debt and six hundred and Sixty four Dollars and
seventy five cents for his Damages together with his Costs and
damages in this behalf laid out and expended and that he have
thereof his writ of Execution.
William Harley – Plff
vs
Tavenor Beale – Deft
Petition in Debt
Now at this day Comes the parties by their attornies and both
parties being ready for trial and neither party requiring a Jury
this Cause is submitted to the Court – Whereupon the Court after
hearing the Evidence doth find that the Defendant is indebted to the
plaintiff in the sum of ninety Seven Dollars and Twenty nine cents
for his debt and Twenty One Dollars And eighty seven Cents for his
damages by way of Interest – Therefore it is Considered by the Court
here that the said plaintiff recover of the said Defendant his debt
and damages so assessed by the Court as aforesaid together with his
costs and Charges in this behalf laid out and Expended and that he
have thereof his writ of Execution.
[written in left hand margin:] The debt and damages in this case
Satisfied in full June 11th 1845. Wm. J. Mays, Atty for Plff.
William B. Moore & Orville Green – Plff
vs
Simeon Poston – Deft
Appeal
Whereas it is suggested and appears to this court here that this
appeal was not taken ten days before the first day of this term of
the court – This Cause is ordered to be Continued untill the next
term of this Court.
On Motion of John Henshaw Esq’r, Edward C. Davis Esq’r is permitted
to Sign the role and permitted to practice as attorney and Counselor
at law in this Court.
Page 124:
April Term 1844
William B. Moore & Orville Greene – Plff
vs
Edward T. Berry – Defendant
Petition in debt
Now at this day comes the Defendant by his attorney and files herein
his plea to the plaintiffs action.
Now at this day comes Zachariah Lilley as deputy Sheriff of St.
Clair County here into Court and offers to the Court here a deed
made and Executed by him as said deputy Sheriff in favour of Uriah
L. Sutherland for the following described real estate To wit The
South East quarter of the South East quarter of Section No. 21
Township No. 31 and range No. 25 Containing forty acres and the said
Zachariah Lilly being personally Known to the Court to be the person
whose name is subscribed to said deed as having Executed the same
and acknowledged the same to be his act and deed for the purposes
therein mentioned.
Abraham Redfield
vs
Joseph Montgomery
Petition in debt
Now at this day Comes the parties by their attornies And upon the
Suggestion of the parties it appears to the court here that there
are pending at this Cause in this Court Two actions by the said
Plaintiff against the Said defendant which may be Consolidated –
Therefore it is Considered by the Court that the said action be
Consolidated and that the defendant recover of the said plaintiff
his Costs in one of the actions up to the Consolidation thereof.
Ordered that Court adjourn untill Tomorrow morning Eight of the
Clock.
F.P. Wright Circuit Judge
Wednesday morning eight of the Clock
Court met pursuant to adjournment
Present as on yesterday
William R. Owen – plff
vs
Alexander D. Moore – Deft
Appeal
Page 125:
April Term 1844
Now at this day comes the parties by their attornies and the
defendant by his attorney files herein his motion to Suppress the
depositions of Felix Hunton in this Cause taken which motion being
seen heard and fully understood by the Court is by the Court
Overuled. Whereupon the parties being ready for trial And neither
party requiring a Jury this Cause is Submitted to the Court,
Whereupon the Court after hearing the evidence do find for the
plaintiff and assess his damages at Sixty One Dollars And seventy
five cents – Therefore it is considered by the Court that the said
plaintiff recover of the said Defendant the sum of Sixty One Dollars
and Seventy five Cents for his Damages so assessed by the Court as
aforesaid together with his Costs and Charges in this behalf laid
out And expended And that he have thereof his writ of Execution.
Abraham Redfield – plff
vs
Joseph Montgomery – Deft
Petition in debt
Now at this day again Comes the defendant by his attorney and moves
the Court for leave to withdraw his plea in this Cause filed and
file pleas herein 60 days before the next term of this Court And to
him leave is given upon consideration that the said Defendant give
order thereof to the plaintiffs attorney.
Isaac Culbertson – Plff
vs
Edward Berry & William C. Thompson – Deft
Petition in debt & Attachment
Now at this day Comes the plaintiff by his Attorney and it appearing
from the return of the Sheriff upon the writ in this Cause issued
that the said defendant Edward T. Berry cannot be found and upon
motion of the said plaintiffs by their attorney It is Ordered by the
Court here that the said Plaintiff Cause notice to be served on the
said Defendant Edward T. Berry by publication in some public
newspaper published in this state for four weeks Successively the
last insertion to be at least four weeks before the Commencement of
the next term of this Court which Commences on Monday the 30th day
of September next Notifying the said defendant that an Action of
debt has been Commenced against him by the Said plff for the sum of
Sixty nine Dollars and fifty Seven Cents that a writ of Attachment
has been Sued out and their property Attached And that unless he
appear at the next term of this Court And on or before the third day
thereof And plead to the Action of the said plaintiff Judgment will
be rendered against him And his property Sold to Satisfy the Same It
is further Ordered that the Garnishment notice cause be dismissed
And this Cause is Ordered to be Continued untill the next Term of
this Court.
Page 126:
April Term 1844
Joseph Culbertson
vs
Edward T. Berry & William C. Thompson
Petition in debt And Attachment
Now at this day Comes the plaintiff by his Attorney and it appearing
from the return of the Sheriff upon the writ in this Cause issued
that the Said Defendant Edward T. Berry Cannot be found And upon
motion of the Said plaintiff by his attorney, It is Ordered by the
court here that the said plaintiff Cause notice to be served on the
said Edward T. Berry by publication in some public Newspaper
published in this state for four weeks successively the last
insertion to be at least four weeks before the Commencement of the
next term of this Court which Commences on Monday the 30th day of
September next Notifying the said Defendant Edward T. Berry that an
action by petition on debt has been Commenced Against him by the
Said Plaintiff for the sum of ninety five Dollars, that a writ of
Attachment has been sued out and his property attached and that
unless he appear at the next term of the said Court and on or before
the third day thereof and plead to the action of the said plaintiff
Judgment will be rendered against him and his property Sold to
Satisfy the same. And it is further ordered that the Garnishment in
this Cause be dismissed, And this Cause Continued untill the next
term of this Court.
William H. Clark – Plff
vs
Edward T. Berry – Deft
Petition in debt And Attachment
Now at this day Comes the plaintiff by his attorney and it Appearing
from the return of the Sheriff in this Cause issued that the Said
Defendant Cannot be found And upon motion of the said plaintiff by
his Attorney it is Ordered by the Court here that the said plaintiff
Cause notice to be served on the said defendant by publication in
some public news paper - published in the state of Missouri for four
weeks Successively the last insertion to be at least four weeks
before the Commencement of the next term of this court, which
Commences on the 30th day of September next - Notifying the said
defendant that action by petition in debt has been Commenced against
him by the said plaintiff for the sum of fifty four Dollars And
Twenty Eight cents that a writ of attachment has been Sued out and
his property Attached and that unless he appear at the next term of
this Court And on or before the third day thereof And plead to the
action of the said plaintiff, Judgment will be rendered against him
and his property sold
Page 127:
April Term 1844
to satisfy the same – And it is further Ordered that the Garnishment
in this Cause be dismissed And this Cause Continued untill the next
term of this Court.
State of Missouri – Plff
vs
Hiram Fredrick – Deft
Indictment for perjury
Now again Comes the Defendant by his attorney, and upon his motion a
dedimus to take deposition is awarded and a bill of interrogations
filed.
Pleasant M. Cox & Zachariah Lilly – Plff
vs
Charles P. Bullock – Deft
Debt on Note
Now at this day comes the plaintiff by their attorney as well as the
said Defendant in his own proper person whereupon the said Defendant
says he Cannot deny but that he owes the said Plaintiff the Sum of
Two hundred and forty four Dollars and thirty Once Cents for their
debt which Said sum so Confessed as aforesaid the said Plaintiffs by
their attorney agrees to Accept – Therefore it is Considered by the
Court here that the said Plaintiffs recover of the said Defendant
the sum of Two hundred and forty four Dollars and Thirty One Cents
for their debt as Confessed as aforesaid together with their Costs
and Charges in this behalf laid out and Expended and that they have
thereof their writ of Execution.
[written in left hand margin:] Recovered of Charles P. Bullock full
Satisfaction on the Judgment Nov. 9th A.D. 1844. Cox & Lilley.
Jesse Casserday – Plff
vs
John W. Berry and John F. Weidemeyer – Defts
Petition in Debt
Now at this day Comes the parties by their Attornies and upon their
motion and by their consent leave is given the Defts to withdraw the
appeal bond in this Cause filed.
Ordered that all Causes and motions not otherwise disposed of be
Continued untill the next term of this Court.
Ordered that Court adjourn untill Court in Cause.
F.P. Wright Cir Judge
|
