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St. Clair County Circuit Court
Microfilm Transcripts
August Term 1842
Page 46:
August Term 1842
Tuesday Morning Nine of the Clock
Court Met pursuant to adjournment
Presents as on Yesterday
A. Wallace & Co. – plff
vs
Chas. P. Bullock – Deft
Petition & debt
Now at this Day Comes the plaintiff by his Attorney and Moves the
Court for leave to amend his petition and to him leave is given –
Whereupon It is Ordered that this Cause be Continued untill the next
term of this Court.
A. Wallace – plff
vs
H. Roberts – Deft
Petition in debt
Now at this day Comes the plaintiff by his attorney and moves the
Court to amend the plaintiffs petition and to him leave is given and
this Cause is Considered to be Continued untill the next term of
this Court.
Izra Hammer one of the grand Jurors comes into Court and asks to be
discharged from further Service – Whereupon the Court for good Cause
Shown, does discharge the said Hammer, and James Rickof who is
Summoned by the Sheriff is Sworn to Supply his place and ordered to
be one of the body of Said grand Jury.
George Washington Short
vs
Solomon Ramson viz
Appeal
Now on this day Comes the said plaintiff by his attorney and by
leave of the Court files herein his motion to dismiss this appeal,
and upon his motion leave is given to withdraw said motion – and the
Said defendant by his attorney files here in his motion to set aside
the Judgment of the Justice & dismiss this Cause which motion being
Seen heard and argued is by the Court Sustained – Therefore it is
Considered by the Court that the Said Defendant recover of the said
plaintiff his Costs and Charges in this behalf laid out and expended
as well in the Court below as in this Court and that he have thereof
his writ of Execution.
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August Term 1842
William F. Carter – plaintiff
vs
John L. Trabern – Defendant
Assumpsit
Now at this day Comes the parties by their attornies and the
Plaintiff by his attorney and by leave of the Court dismisses this
Cause – Therefore it is Considered by the Court 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.
Gilbert R. Van allen – Plff
vs
James Wilson – Deft
Petition in debt
Now at this day Comes the Defendant by his Attorney and by leave of
the Court files herein his plea.
Wm. Stacker & Co.
vs
Philips Crow & Roderick D. McCulloch
Petition in debt
Now at this day Comes the Defendants by their attorney and files
herein their plea to the plaintiffs Action.
George K. Budd and Oliver Barnett
vs
Philips Crow & Roderick D. McCulloch
Petition in Debt
Now at this Day Comes the Defendants by their attorney And by leave
of the Court files herein their plea to the plaintiffs Action.
John Pyle – Plaintiff
vs
Columbus Hahan – Defendant
Appeal
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 the plaintiffs debt forty three Dollars
and Twenty five Cents and one Dollar thirty six Cents Interest and
the Court do further find for the Defendant upon his plea of Offset
the amount of the plaintiffs demand to be offset Therefore it is
Considered by the Court 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 – And it is ordered
by the Court that the note
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August Term 1842
plead in Offset by the defendant be Credited with the said sum of
forty four Dollars and Sixty Cents and that the Said Defendant have
leave to withdraw Said note by leaving a truce copy of the saved on
file.
Richard Brown
vs
Joseph W. Cox, Admr of the Estate of V.H. Brown Deceased
Assumpsit
Defendant by his attorney files herein his motion to Suppress the
deposition by the plaintiff in this Cause taken – Which motion is by
the Court Sustained.
Blain Tompkins & Barret
vs
William R. Owen
Petition in debt
Now at this day Comes the plaintiff by his attorney and files herein
his petition And the Said defendant in his own proper person who
Confesses Judgment in favor of the plaintiffs for the sum of four
hundred and ninety one Dollars and thirty seven Cents for their debt
and the sum of Thirty one Dollars and sixty six Cents for their
damages by way of Interest Therefore it is Considered by the Court
that the said plaintiffs recover of the said Defendants the sums so
Confessed as aforesaid together with their Costs and that they have
thereof their writ of Execution.
Seth B. Howard - Plff
vs
Alborn D. Abston & Williamson W. Marton – Deft
Trespass
Now at this day Comes the Defendants by their attorney and upon
their motion and by leave of Court do withdraw their special plea in
this Cause filed.
William Beale
vs
David Kelso
Case
Now at this day Comes the plaintiff by his attorney and by leave of
the Court dismisses his suit at his Costs.
Ordered that Court adjourn untill Tomorrow morning Nine 9 of the
Clock
F.P. Wright
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August Term 1842
Wednesday Morning 9 of the Clock
August 3rd AD 1842
Present as on Yesterday
Now at this Day Comes John Smarr Sheriff of St. Clair County and
acknowledges a deed to James Culbertson for the North East quarter
of the south East quarter and the South East quarter of the north
east quarter of section fifteen Township thirty Eight and range
Twenty five Sold under Execution on farm of Lavina Calhoun
Administratrix of Andrew Calhoun Deceased and against John Graham
and Gabriel Haley and the said John Smarr Sheriff as aforesaid being
personally Known to the Court as the person whose Name is Subscribed
to the Said deed to which is by the Court ordered to be filed and
Recorded.
The State of Missouri
vs
Julius Sutliff
Indictment Resisting Sheriff
Now at this day comes the Circuit Attorney who prosecutes for the
State of Missouri and upon his motion and it further appearing to
the court from the Capias in this Cause issued that the Said
defendant Cannot be found in St. Clair County it is ordered that an
alias Capias be issued to the Sheriff of St. Clair County returnable
to the next term of this Court and to which time this Cause is
ordered to be continued.
The State of Missouri
vs
John Hornbeck
Indc’t Grocery Keeping
Now at this day Comes 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 this Cause be dismissed.
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August Term 1842
The State of Missouri
vs
John Hornbeck
Dram Shop Keeping
Now at this day comes 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 this Cause be dismissed.
The State of Missouri
vs
John Thornton
Vending Merchandise
Now at this day comes 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 this Cause be dismissed.
The State of Missouri
vs
John Thornton
Grocery Keeping
Now at this day Comes 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 this Cause be dismissed.
George K. Budd and Oliver Bennett
vs
Philips Crow and R.D. McCulloch
Assumpsit
Now at this day Comes the plaintiffs by their Attorney as well as
the said Philips Crow in his own proper persons, and the Said
defendant Crow, Says he Cannot deny but that he owes and Stands
justly indebted to the said plaintiffs in the just and full sum of
Five hundred and Seventy Seven dollars and Sixty Cents, for their
debt
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August Term 1842
And the Said defendant Roderick D. McCulloch being Solemnly called,
comes not, but makes default, Therefore it is considered by the
Court that the Said plaintiffs recover of the said defendant Philips
Crow the sum of Five hundred and Seventy Seven dollars and Sixty
Cents so Confessed by him as aforesaid, and whereas the Said Action
remains against the Said defendant McCulloch, therein undefended.
Wherefore the said plaintiffs ought to recover against the said
Roderick D. McCulloch On Occasion of the promises as well as against
the said defendant P. Crow, and because it is Suggested and proved
and manifestly appears to the Court here, that the Said plaintiffs
have Sustained damages on occasion of the not performing the
promises And Undertakings aforesaid, to the Sum of Five hundred and
Seventy Seven dollars and Sixty Cents therefore, it is Considered by
the Court here, that the Said Plaintiffs recover against from the
said defendants the aforesaid Sum of Five hundred and Seventy Seven
dollars and Sixty Cents, adjudged by the Court for their damages,
together with Costs and that they have thereof their writ of
Execution.
John F. Weidemeyer
vs
William H. McCulloch
Petition in Debt
[nothing else is written here.]
John F. Weidemeyer, Thomas E. Draphon, John Draz – Defendants
vs
William H. McCulloch – Plaintiff
Petition in debt
Now at this day comes the Said plaintiffs by their Attorney, and the
Said defendant William H. McCulloch being Solemnly Called, Comes
not, but makes default, Whereupon the Said Action remains against
the Said defendant therein, non-defended, Wherefore the Said
plaintiffs, ought to recover against the Said defendant their debt
and and damages on occasion of the promises – and because it is
Suggested and proved and manifestly appears
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August Term 1842
to the Court here, that the Sum of one hundred and Sixty four
dollars and Seventy one Cents, for debt and the Sum of nine dollars
and Sixty cents as damages by way of interest, at the rates of ten
per Centum per annum, is justly due from the Said defendant to the
Said plaintiffs. Therefore, it is Considered by the Court here that
the Said plaintiffs recover of the Said defendant the Sum of One
hundred and Sixty four dollars and Seventy one Cents for their debt
and the further Sum of nine dollars and Sixty Cents damages So
assessed by the Court as aforesaid together with their Costs and
Charges, by them in this behalf laid out and expended, and that they
have thereof their writ of Execution.
Gilbert R. Van Allen
vs
Jacob Coonce
Petition in Debt
Now at this day Comes the Said plaintiff by his Attorney, And the
Said defendant Jacob Coonce being Solemnly Called, Comes not, but
makes default, Whereupon the Said Action remains against the Said
defendant therein, Undefended, Whereupon the Said plaintiff ought to
recover against the Said defendant his debt and damages, On Occasion
of the premises, and because it is Suggested and proved and
manifestly appears to the Court here, that the Sum of Two hundred
and ninety two Dollars and ninety Nine Cents for debt, And the Sum
of Seventeen dollars and eight Cents damages by way of interest, at
the rates of ten per centum per annum, is justly due from the Said
defendant to the Said plaintiff, Therefore, it is Considered by the
Court here, that the Said plaintiff recover of the Said defendant
the Sum of Two hundred and ninety two dollars and Ninety Nine Cents
for his debt. And the further Sum of Seventeen dollars and eight
Cents damages so assessed by the Court as aforesaid together with
his costs and charges by him in this behalf laid out and expended,
and that the have thereof his writ of Execution.
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August Term 1842
Gilbert Van Allen
vs
Daniel Brant
Petition in Debt
Now at this day Comes the Said plaintiff by his Attorney And the
Said defendant Daniel Brant being Solemnly Called Comes not, but
Makes default, Whereupon the Said action remains against the Said
defendant therein undefended, wherefore the said plaintiff Ought to
recover against the Said defendant his debt and damages, On Occasion
of the premises, and because it is Suggested and found And
Manifestly appears to the Court here, that the Sum of Eighty five
dollars and eighteen Cents for debt and Nine dollars and Sixty three
Cents damages, by way of interest at the rates of ten per Centum per
Annum, is justly due from the Said defendant to the Said plaintiff.
Therefore it is Considered by the Court here that the Said plaintiff
recover of the Said defendant the Sum of Eighty five dollars and
Eighteen Cents for debt, and Five dollars and Sixty three Cents
damages, So aforesaid by the Court aforesaid, together with his
Costs and Charges by him on this behalf laid out and Expended and
that he have thereof his writ of Execution.
Barnett Harte and Elozer Harte
Vs
Charles P. Bullock
Petition in Debt
Now at this day Comes the plaintiffs by their attorney as well as
the Said Charles P. Bullock in his own proper person, And Says that
he Cannot deny, but that he owes and Stands indebted to the Said
plaintiffs in the Sum of Ninety Dollars and Sixty two Cents for
debt, and three dollars and forty four and a half cents damages, by
way of interest at the rates of Six per Centum per annum Therefore,
it is Considered by the Court here that the Said plaintiffs recover
against the Said defendant the sum so confessed as aforesaid
together with Costs, and that they have thereof their writ of
Execution.
[written in left margin of above case:] “This Judgment is fully
satisfied, J. Grishon, for of by Plffs”.
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August Term 1842
Gilbert R. Van Allen
vs
James Wilson
Petition in debt
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 upon its Merits, Whereupon the
Court after hearing the evidence and mature deliberation thereon had
do find for the plaintiff the Sum of Two hundred and Seventy Six
dollars and Seventy Seven Cents for his debt, And Two dollars and
Thirty Cents damages, by way of interest at the rates ten per Cent
per Annum for his damages. Therefore it is Considered by the Court
that Said plaintiff recover of the Said defendant the Sums so
assessed by the Court as aforesaid, together with his Cost and
Charges by him so Laid out and expend and that he have thereof his
writ of Execution.
William Burd & Richard S. Tilden
vs
Philips Crow & R.D. McCulloch
Petition in Debt
Now at this day Comes the plaintiffs by their attorney as well as
the Said Philips Crow and R.D. McCulloch in their own proper
persons, and says, that they cannot deny but that they owe and Stand
indebted to the Said plaintiffs in the sum of Eighty dollars and
eight Cents for debt and Fourteen dollars and Thirty three Cents
damages, by way of interest at the rate of Ten per centum per annum.
Therefore, it is Considered by the Court here, that the said
plaintiffs recover against the Said defendants, the Sum so assessed
as aforesaid together with costs, and that they have thereof their
writ of Execution.
Gilbert R. Van Allen
vs
Philips Crow & R.D. McCulloch
Petition in debt
Now at this day comes the plaintiff by his attorney
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August Term 1842
as well as the said Philips Crow & R.D. McCulloch, in their own
proper persons, and say that they cannot deny, but that they owe and
Stand indebted to the said plaintiff in the sum of Three hundred and
Eighty Six dollars and Forty three Cents, for debt, and Sixty Nine
dollars and Twenty Two Cents damages, by way of interest at the
rates of ten per centum per annum. Therefore, it is Considered by
the Court here, that the said plaintiff recover against the said
defendants, the sum so confessed as aforesaid, together with costs,
and that he have thereof his writ of Execution.
Gilbert R. Van Allen
vs
Daniel Brant
Petition in debt
Now at this day comes the said plaintiff by his attorney and the
Said defendant, Daniel Brant, Being Solemnly Called comes not, but
makes default, whereupon the said action remains against the said
defendant, therein undefended. Whereupon the Said plaintiff ought to
recover against the said defendant his debt and damages the occasion
of the said premises and because it is Suggested and proved and
manifestly appears to the Court here that the sum of one hundred and
Twenty four dollars and eight Cents for debt and Seven dollars and
Twenty three cents damages, by way of interest at the rates of ten
per Centum per annum, is justly due from the Said defendant to the
said plaintiff. Therefore it is considered by the Court here that
the Said plaintiff recover of the said defendant, the sum of One
hundred and Twenty four dollars and eight cents for debt, and Seven
dollars and Twenty three cents damages, So assessed by the Court as
aforesaid, together with his Costs and charges by him in this behalf
laid out and expended and that he have thereof his writ of
Execution.
Richard A. Brown
vs
Joseph W. Cox, adm of the Estate of V.H. Brown dec’d
Assumpsit
Now at this day Comes the parties by their attorneys and
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August Term 1842
on Motion of the plaintiff by his attorney, and for good Cause shown
to the Court here is ordered by the Court that this Cause be
continued untill the next Term of this Court, at the plaintiffs
cost.
Ordered by the Court that pleas be filed in all Cases of Debt and
Assumpsit in this Court pending during this morning’s Session.
Seth B. Howard – plff
vs
Alborn D. Abston & Williamson W. Marlow – Defend’ts
Trespass
Now at this day comes the parties by their attorneys both parties
being ready for trial Comes a jury to wit: Jno. W.S. Moore, William
Rickey, Robert Marable, Stinson S. Starns, James H. Durham, William
H. McCulloch, Josiah Whitley, Samuel McDaniel, John Rodgers, George
Lewis, Robert Anderson, and Charles H. Yeater Twelve good and lawful
men, Sworn, 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. “We the Jury find the defendant
Marlow not guilty and the defendant Alston guilty of the trespass
named in the declaration and assess the damages against him at forty
dollars.” Therefore it is considered by the Court that the said
plaintiff take nothing by his writ against the said defendant Marlow
– And that the Said plaintiff recover against the said defendant
Alston the sum of forty dollars So assessed by the jury aforesaid
together with his Cost and charges by him in this behalf laid out
and expended and that he have thereof his writ of Execution.
The Grand Jury returns into Court here a true Bill against Philips
Crow for an Assault with an intent to Kill, A true Bill against John
B. Gardner
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August Term 1842
for Grocery Keeping, a true against Robert N. Burch for Dram Shop
Keeping, a True Bill against Alexander Ray for Grocery Keeping, a
True Bill against Jesse Ridgway for Grocery Keeping, A True Bill
against Avery D. Howard for Dram Shop Keeping And a True Bill
against Samuel F. Mitchell for Grocery Keeping and having no further
business before them were by the Court discharged. Which Said
Several bills of indictment were ordered by the Court to be filed
and the Court do further order that the Clerk of this Court do issue
Capiases upon Said indictments directed to the sheriff of St. Clair
County returnable to the next term of this Court.
Seth B. Howard – plff
vs
Alborn D. Abston & Williamson W. Marlow – Defend’ts
Trespass
Now at this day came Said Defendant Abstin by his attorney, and
moves the Court for a new trial in this Cause, which motion being
Seen, heard and fully understood by the Court is by the Court over
ruled, whereupon the Said defendant prays an appeal to the Supreme
Court of the State of Missouri.
State of Missouri
vs
Philips Crow
Assault with intent to Kill
And the said Philips Crow to the bar of the Court here Makes his
Voluntary personal appearance And offers to the Court here to enter
into a recognizance for his personal appearance at the next term of
this Court to answer Said indictment. Whereupon it is ordered by the
Court here, that the Said Philips Crow enter into a recognizance to
the State of Missouri in the sum of six hundred dollars, with the
Securities in the Sum of Six hundred dollars, for the appearance of
the Said Philips Crow on the first day of the next term of this
Court, before the Court here, to answer the crime
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August Term 1842
aforesaid, and thereupon the Said Philips Crow acknowledges himself
to owe and Stand justly indebted to the State of Missouri in the sum
of Six hundred dollars. William L. Vaughan and Pleasant M. Cox also
present here in Court and Who only the Court have deemed good and
sufficient in like manner acknowledge themselves to owe and Stand
justly indebted to the State of Missouri in the Sum of Six hundred
dollars, Which said sums of Money they and each of them acknowledge
Shall be levied of them and for the use of the Said State of
Missouri, in Case the Said the Said Philips Crow Shall not make his
personal appearance before the Court here on the first day of the
next term here of and from day to day to answer the Crime aforesaid,
and depart the Court here without leave thereof until which time
further process of and upon the premises aforesaid against the Said
Philip Crow is ordered to be Continued.
Joseph W. Cox, admr of the estate of V.H. Brown Dec’d
vs
James Blakeman & Simeon O. Beale
Bill
Now at this day Comes the plaintiff by his attorney and the
defendants being Solemnly Called Comes Not and the Said plaintiff
prays that the Said defendants may answer his Said declarations, And
because Said defendants do not answer the disclaimer aforesaid of
the said plaintiff the plea aforesaid, whereby the Said action
remains against the said defendant therein undefended, and because
it is Suggested and proven and Manifestly appears to the Court here
that the sum of one hundred and Fifty Seven dollars is justly due by
the said defendants to the said plaintiff for his Debt, and the
further sum of Ten dollars and Fifty Cents for his damages, it is,
therefore, Considered by the Court here that the said plaintiff
recover against the said defendant as well as the
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August Term 1842
Sum of one hundred and fifty Seven dollars his debt aforesaid, as
the sum of Ten dollars and Fifty Cents his damages aforesaid,
together with his Costs and Charges in this behalf laid out and
expended and that he have thereof his writ of Execution.
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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