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St. Clair County Circuit Court

St. Clair County Circuit Court
Microfilm Transcripts

April Term 1848

Page 212:

April Term AD 1848

At a Circuit Court Commenced and held at the Courthouse in the Town of Osceola in St. Clair County Missouri on Monday the 24th day of April AD 1848 –
Present Foster P. Wright Ct. Judge
Chas. P. Bullock Clerk
Zachariah Lilley Sheriff

The Sheriff of St. Clair County returns here into Court the Venera for a Grand Inquest for the State of Missouri for the body of St. Clair from which was sworn and impannelled the following named persons as a grand Inquest To Wit Harry C. Douglass foreman, 2nd Renos Thompson, 3rd William Whitley, 4th Joshua Dallas, 5th Jno. W. Ritchey, 6th Isaac Culbertson, 7th Jno. Gover, 8th Robert Anderson, 9th Jno. Talley, 10th Isaac T. Bradshaw, 11th Simeon C. Bruce, 12th Robert H. Sproull, 13th Joseph Culbertson, 14th Henry E. Moran, 15th Rich’d Crenshaw, 16th Wm. Morrison, 17th Jno. B. Waldo, 18th Jno. Bedell 18 good And lawful men householder, who having received their Charge retired to Consider of their presentments.

John Sappington – plff
vs
Tavornor Beale & Jesse Applegate – Defts
Petition in debt And Attachment
Now at this day Comes the parties by their attorney 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 for the plaintiff the sum of One hundred Dollars And fifty Cents for his debt as well as the further sum of Sixty Two Dollars and fifty four cents for his Damages Therefore it is Considered by the Court here 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 Expended And that he have thereof is writ of Execution.

The Grand Jury returned here into Court and reported to the Court that they have no business before them and that they had the Indictments or presentments to return to the Court, Whereupon it is ordered that the said Grand Jury be discharged.

Ordered that Court adjourn untill tomorrow morning Eight Oclock. F.P. Wright



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April Term AD 1848

Tuesday morning 8 Oclock Court met pursuant to adjournment
Present as on yesterday

E.B. Cadell
vs
County Court of St. Clair County
Petition for Mandamus
Now at this day Comes the plaintiff by his attorney and upon his motion this Cause is Ordered to be Continued untill dismissed at the said plaintiffs Costs.

State of Missouri – Plff
vs
John H. Allison
Indc’t for an assault to Commit great bodily Harm
Now at this day Comes the Circuit attorney who prosecutes for the State of Missouri as well as the Said defendant in his own proper person who for his plea says he is not guilty in manner and form as charged in the Indictment and for his trial puts himself upon the Country, Whereupon Comes a Jury to Wit, John A. Culbertson, Elisha A. Bell, Uriah S. Sutherland, Daniel Corbin, Robert H. Sproull, Josiah Culbertson, William B. Moore, William Culbertson, Isaac Bradshaw, William Whitley, Hiram J. Starns and James Cook 12 good and lawful men well and truly And tried and sworn to try the issue in this Cause given After hearing the evidence returns into Court here the following Verdict “We the Jury find the Defendant not Guilty” Therefore it is Considered by the Court here that the said Defendant from his recognizance be discharged And that he go Thereof hence without day.

Carter Conly – Plff
vs
James L. Smith – Deft
Appeal from Justices Court
Now at this day Comes the parties by their attorneys and upon their motion it is ordered that this Cause be dismissed Each party paying his own Costs.

State of Missouri
vs
Nicholas Huston
Indct for Gaming
Now at this day Comes the Circuit attorney who prosecutes for the state of Missouri and Says he will not further prosecute this Indictment. Therefore it is ordered by the Court that the said Defendant from his recognizance be discharged and that he Go thereof without day.



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April Term AD 1848

Elisha Cook adm’r of the estate of Glades Newell deceased
vs
Daniel McDonald and Jno. Tally
Appeal from Justices court
Now at this day Comes the parties by their attorneys and both parties being ready for trial This cause is Submitted to the Court Whereupon the Court after hearing the evidence the Court entering its opinion of the law and says in this Cause is for the said plff whereupon the said plaintiff by leave of the court takes a non suit in this Cause it is therefore considered by the court that said defendants have and recover of said plaintiff their costs & charges in this cause & that execution for & by the writ of Execution on the affidavit of Court ordered.

William H. Clark plaintiff
vs
William Dunn, Edwin Alexander & Felix Hunton – Defts
Trespass & Change of Venue from Benton County
Now at this Comes the parties by their attorneys and both parties being ready for trial Comes a Jury To Wit William Paxton, Hiram Lipley, Wm. F. Willott, Stencen S. Sternes, Rob’t Sproull, Dan’l Dale, Geo. P. Beale, David S. Corbin, Dan’l W. Keith, Theodrick Snuffer, Jacob Dale and John T. Burch 12 good and lawful men well and truly elected tried and sworn to try the issue in this Cause after hearing the evidence Returned into court here the following verdict “We the Jury find for the plaintiff fifty Dollars Damages against Two of the Defendants viz F. Hunton and Edwin Alexander.” Therefore it is considered by the court that the said plaintiff recover Against the said Defendants Edwin Alexander & Felix Henton the aforesaid sum of Fifty Dollars so assessed by the Jury 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 Moore & Ernest Laney – plffs
vs
Abner C. Tyre – Deft
Judgment & Execution
The Sheriff returns here into Court a Summons & garnishment against George P. Beale Whereupon the plaintiffs by their attorney files herein their Allegations and interrogatories.

Olivia Jane Dale widow of James D. Dale dec’d
vs
Daniel Dale admr of the estate of Jas. D. Dale dec’d
Appeal from County Court
Now at this day Comes the parties by their attorneys 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 plaintiff is entitled to the sum of One Hundred



Page 215:
April Term 1848

and Eighty six Dollars and Twenty five Cents as provided in the 30th Sections of the 2nd Article of the administration law, Therefore it is Considered by the Court that the said plaintiff recover against the said Defendant the aforesaid sum so assessed as aforesaid together with her Costs and Charges in this behalf Expended and that this Judgment be certified to County Court for allowance.

Ordered that Court adjourn untill Tomorrow morning 8 Oclock.
F.P. Wright

Wednesday Morning 8 Oclock
Court met pursuant to adjournment
Present as on Yesterday

William Moore & Ernest Laney
vs
Abner C. Tyree
On Execution and garnishment against George P. Beale
Now at this day Comes the plaintiff by his attorney as well as the said Garnisher George P. Beale by his attorney And on motion Of the said George P. Beale by his atty leave is given here to file his Answer to the interrogations in this Cause filed at the next term of this Court, untill which time this Cause is Ordered to be Continued.

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

 

 

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