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St. Clair County Circuit Court
Microfilm Transcripts
December Term 1842
Page 60:
December Term 1842
At a Circuit Court Commenced and held at the Town of Osceola in the
County of St. Clair and State of Missouri on Monday the 5th day of
December A.D. 1842.
Present: Foster P. Wright Circuit Judge
Chas. P. Bullock Clerk
Jno. Smarr Sheriff
Charles P. Bullock Clerk of This Court offers to the Court here
William Steel as his deputy in Said Office whose appointment is by
the Court approved whereupon the Said William Steel took the Oath of
office prescribed by Law.
The Sheriff of St. Clair County returned here into Court The Venire
for a Grand Jury from which was sworn The following named persons as
a Grand Jury for the State of Missouri for the body of the County of
St. Clair To wit: William M Cox foreman, Philip P. Alexander, Henry
Whitton, Thomas Thompson, Josiah Dent, Alexander D. Moore, William
McClanahan, Thomas N. Hendly, George W. Gibson, John Cox, James
Hampton, Jacob Cornice, Cornelius Hahn, William E. Marton and Levi
Gove – fifteen good and Lawful men Who having received their Charge
return to Consider of their presentments.
Abrm. C. Fyrn
vs
William F. Carter
Execution on Transcript
Now at this day Comes the Defendant by his Attorney And files herein
his Motion to quash this Execution.
Pleasant M. Cox & Zachariah Lilley
Execution on Transcript filed
Now at this day Comes the defendant by his Attorney And files herein
his Motion to quash this Execution.
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December Term 1842
Alfred Wallace & Oracemus Evans
Execution of Transcript
Now at this day Comes the defendant by his attorney and files herein
his motion to quash this Execution.
G.R. Cowen
vs
William F. Carter
Execution on Transcript
Now at this day Comes the Defendant by his attorney and files herein
his Motion to quash this Execution.
Charles H. Yeater
vs
William F. Carter
Execution on Transcript
Now at this day Comes the defendant by his Attorney and files herein
his motion to quash this Execution.
Ordered that George Dixon be appointed Circuit Attorney pro tem
during the present term of this Court who took the Oath of Office
prescribed by Law.
John F. Weidemeyer
vs
William H. McCullock
Petition & debt & Execution
Now at this day Comes the Defendant here into Court by his attorney
and files herein his motion to quash this Execution.
John L. Blain, William A. Tompkins & William D. Barnett
vs
Philips Crow, Henry D. Crow, R.D. McCullock and Wm. H. McCullock
Petition & debt & Execution
Now at this day Comes the defendants by their Attorney here into
Court And files herein their motion to quash the Execution in this
Cause issued which motion being seen heard and understood by the
Court is by the Court Overruled.
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December Term 1842
Gilbert R. Van allen
vs
Philips Crow & Roderick D. McCullock
Petition & Debt & Execution
Now at this day Comes the Defendant here into Court by their
attorney and files herein their motion to quash the Execution in
this Cause Issued.
State of Missouri
vs
Philips Crow
Indc’t Assault with intent to Kill
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 in discharge of his recognizance Whereupon the said Circuit
attorney says he will not further prosecute this Indictment –
Therefore it is considered by the Court here that he Said Defendant
from his recognizance be discharged and that he go thereof without
day.
Jonathan Young – plff
vs
Jonas King – Deft
Case
Now at this day Comes the Defendant by his Attorney and files herein
his Motion to rule the plaintiff to Security Whereupon the Court
after hearing the Evidence and all and singular the promises being
seen heard And by the Court understood is by the Court Sustained and
as to the time when bond to be Executed taken under advisement
untill Tomorrow.
State of Missouri – plff
vs
John B. Gordon – Deft
Indc’t Grocery 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
both parties being ready for trial Comes a Jury To wit William W.
Walters, David A. Bunch, Samuel Wyatt, Daniel Cline, Harlen Hays,
Albert Sheldon, Abraham Stow, David Corbin, Randolph Whitley, Josiah
Whitley, William McDaniel And Abraham Davis Twelve good and Lawful
men well and truly tried and Sworn to by the issue in this Cause
joined after hearing the Evidence and argument of Counsel
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December Term 1842
returned 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 without day.
State of Missouri – Plff
vs
Samuel M. Mitchell – Deft
Indc’t Grocery Keeping
Now at this day Comes the said defendant here into Court by Attorney
And files herein his motion to quash this Indictment.
Ordered by the Court here that pleas in all Cases in Assumpsit on
notes and debt, and petition and Summons be filed during the morning
session Tomorrow.
Gilbert
vs
Perkins
Appeal
Change of Venue from Bates County
Now at this day Comes the Defendant by his Attorney and files herein
his motion to rule the plaintiff to security for Costs.
James Gardner – Plff
vs
Allen D. Abston – Deft
Petition & debt & attachment
Now at this day Comes the Defendant here into Court by his attorney
and files herein his motion to quash the writ in this Cause issued.
Ordered that Court adjourn untill Tomorrow Morning Eight of the
Clock.
F.P. Wright
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December Term 1842
Tuesday Morning Eight of the Clock
Court met pursuant to Adjournment
Present as on Yesterday
William H. McCulloch – plff
vs
Philips Crow – Deft
Debt
Now at this comes the Plaintiff by his Attorney and files herein his
Declaration.
Wood Mackie & Co.
vs
Philips Crow & Roderick D. McCulloch
Assumpsit
Now at this day Comes the plaintiff by his attorney and Moves The
Court for leave to amend the declaration by Striking out Each of the
names of the Plaintiffs and to him leave is given, Which Amendment
is accordingly made.
State of Missouri – plff
vs
Samuel F. Mitchell – Deft
Indc’t Grocery Keeping
Now at this day Comes the parties by their attorneys and the motion
filed on yesterday to quash this Indictment being seen heard and
fully understood by the Court is by the Court Consented.
Weyman Crow Levi & McCrary
vs
Philips Crow
Petition to foreclose Mortgage
Now at this day Comes the plaintiff by their attorney and files here
in Court their petition.
Wayman Crow Levi & McCrary
vs
Henry W. Crow
Petition to foreclose Mortgage
Now at this day Comes the plaintiff by their attorney here into
Court and files here in their petition.
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December Term 1842
Oliver Bennett – Plff
Vs
Pleasant M. Cox and Zachariah Lilley – Defts
Assumpsit
Now at this day Comes the defendants here into Court by their
attorney and by leave of the Court files herein their pleas General
issue and part payment.
Alfred Wallace and Cincemus Evans – plffs
vs
Eli Roberts – Deft
Petition & debt
Alfred Wallace and Cincemus Evans – plffs
vs
Eli Roberts – Deft
Petition & debt
Now at this day comes the Defendant here into Court and by leave of
the Court files herein his demurrer to the Said plaintiffs
declaration and general issue.
Alfred Wallace and Cincemus Evans – Plff
vs
James Wilson – Deft
Petition & debt
Now at this Day Comes the Defendant by his Attorney here into Court
and by leave of the Court files herein their plea of General issue.
Young – plff
vs
King – Deft
Case
Now at this Day Comes the the said plaintiff and files herein his
petition to be permitted to prosecute this suit as a poor person
which petition being seen heard and fully understood by the Court is
by the Court Overruled – Whereupon the the said Plaintiff by his
attorney moves the Court for him to file his bond for security for
Costs. Whereupon it is ordered by the Court here that the said
plaintiff enter into bond with good and sufficient Security for
Costs within Sixty days before next term And this cause is ordered
to be Continued untill the next term of this Court.
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December Term 1842
Richard A. Brown – Plff
vs
Joseph W. Cox, Admr of the Estate of V.H. Brown, Dec’d – Deft
Assumpsit
Now at this day Comes the Defendant by his Attorney And files herein
his Motion to rule the plaintiff to Security for Costs – Which
motion being admitted by the attorney for the Plaintiff It is
Ordered by the Court here that the Said Plaintiff do enter bond with
good and Sufficient Security Conditioned according to law and file
the same with the Clerk of this Court at least Thirty days before
the first day of the next term of this Court And in default thereof
it is Ordered by the Court here That this Cause be dismissed.
Pleasant M. Cox & Zachariah Lilly – Plff
vs
William F. Carter – Deft
Execution on Transcript
Now at this Comes the Defendant by his attorney and by leave of the
Court files herein his motion to quash this Execution – which motion
being seen heard and fully understood by the Court Overruled
Therefore it is Considered by the Court here that the said plaintiff
recover Costs in this behalf expended.
Charles H. Yeater – Plff
vs
William Harter – Deft
Execution on Transcript for Justices Court
Now at this day Comes the Defendant by his attorney here into Court
And by leave of the Court files herein his motion to quash the
Execution in this Cause issued Which motion being seen, heard and
fully understood by the Court and mature deliberation Thereon had is
by the Court Overruled Therefore it is Considered by the Court that
the said plaintiff recover of the said Defendant his Costs in this
behalf Expended.
G.F. Cowan
vs
William F. Carter
Execution on Transcript from Justices Court
Now at this day Comes the Defendant by his Attorney and files herein
his motion to quash the
[transcript ends here]
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December Term 1842
The Execution in this cause Issued, which motion being seen heard
and fully understood by the Court is by the Court Overruled
Therefore it is considered by the Court here that the said plaintiff
recover of the said Defendant his Costs in this behalf Expended.
Abner C. Tyne
vs
William F. Carter
Execution on Transcript from Justices Court
Now at this day Comes the parties by their attornies And the motion
filed on yesterday to quash the Cause from this Execution being
argued and and mature deliberation being thereon had by the Court
here, is by the Court Overruled – Therefore it is Considered by the
Court here that the said Plaintiff recover of the said Defendant his
Costs in this behalf Expended.
Alfred Wallace and Cincemus Evans
vs
William F. Carter
Execution on Transcript from Justices Court
Now at this day comes the parties here into Court by their
attornies, and the motion filed on yesterday to quash this Execution
being argued and mature deliberation thereon had by the Court here
it is by the Court overruled Therefore it is Considered by the Court
here that the said plaintiff recover of the said Defendant his costs
in this behalf Expended.
William H. McCullock – plff
vs
Philips Crow – Deft
Assumpsit
Now at this Day Comes the plaintiff by his attorneys and by leave of
this Court files herein his Declaration And the said defendant being
personally present here in Court Says he Cannot deny but that he
Owes the said plaintiff the sum of One Thousand five hundred and
Eighty five Dollars And Sixty five Cents, as the said Plaintiff in
his Declaration hath whereof Complained against him. Therefore it is
Considered by the Court here that this said Plaintiff recover
against the said defendant the sum of One Thousand and five hundred
and Eighty five Dollars and Sixty five Cents for his damages so
confessed by the said plaintiff as aforesaid together with his Costs
and damages by him in this behalf laid out and Expended and that he
have thereof his writ of Execution.
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December Term 1842
Wayman Crow, Joshua Lewis, John C. Lewis & Phocian McCrary – plffs
vs
Henry W. Crow – Deft
Petition to foreclose mortgage
Now at this Day Comes the said Plaintiffs by their attorney and by
leave of the
[transcript ends here]
Lindsay Applegate – Plff
vs
Samuel F. Mitchell – Deft
Petition & Debt & Attachment
Now at this day Comes the Defendant here into Court and by leave of
the Court files herein his plea of abatement putting in issue the
facts of the plff affidavit.
Joseph Woods, Robert Woods, James Woods, Samuel Stacker, John
Stacker, Thomas Crawford, Thomas T. Watson and James E. Yeatman –
Plffs
vs
Philips Crow & Roderick D. McCullock – Defts
Assumpsit
Now at this day comes the plaintiffs by their attorney as well as
the said Defendants by their Attorney and the said Defendants moves
the Court for leave to withdraw their plea in this Cause filed – and
the said defendants say nothing further in defense of the said
plaintiffs action against them whereupon the said plaintiffs ought
to recover against the said defendants their damage on occasion of
the premises And because it is suggested and proved and manifestly
appears to the court here That the sum of One hundred and seventy
nine Dollars and Twenty Three cents is Justly due from the said
Defendants to the to the Said plaintiffs. Therefore it is Considered
by the Court here That the said Plaintiff recover against the Said
Defendants the aforesaid Sum of One hundred and Seventy nine Dollars
and Twenty Three cents for their 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.
Albert Sheldon – plff
vs
Alborn D. Abston – Deft
Petition & debt & allotment
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December Term 1842
Now at this day Comes the Defendant by his attorney here into Court
and by leave of the Court files herein his plea in abatement putting
in issue the facts of the plaintiff affidavit.
Joseph Waldo – plff
vs
John H. Allison – Deft
Petition & Debt
Now at this day comes the Defendant by his attorney and by leave of
the Court files herein his demurrer to the plaintiffs petition.
State of Missouri
vs
Samuel F. Mitchell
Indc’t Grocery 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
both parties being ready for trial Comes a Jury To Wit. Thomas F.
Wright, William McDaniel, Albert Sheldon, Josiah Whitley, Simeon
Poston, Ambrose H. Wilkerson, Joel Redman, Elkennah Cain, Moses D.
Weddell, John H. Savelle, Alborn D. Abston and Hezekiah Thompson
twelve good and lawful men tried and sworn well and truly to try the
issue in this Cause Issued After hearing the Evidence and argument
of Counsel returned into Court the following verdict To Wit. 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 hence thereof without day.
State of Missouri – plff
vs
Avery B. Howard – Deft
Indc’t Grocery Keeping
Now at this day Comes the Circuit attorney who prosecutes for the
The State of Missouri as well as the said defendant by his attorney
and on motion of the Circuit attorney and for good Cause shown this
Cause is Ordered to be Continued untill the next term of this Court.
State of Missouri – plff
vs
Jesse Ridgway – Deft
Indc’t Grocery Keeping
Now this day comes the Circuit attorney who prosecutes for the State
of Missouri and says he will
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December Term 1842
not further prosecute this indictment – Therefore it is considered
by the Court here that he said defendant from his recognizance be
discharged and that he go thereof without day.
State of Missouri
vs
Alexander Ray
Indc’t Grocery Keeping
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 Considered by the Court here that the
said Defendant from his recognizance be discharged and that he go
thereof without day.
Samuel W. Harris – plff
vs
Daniel Brant & Gash – Deft
Petition in debt
Now at this day comes the said Defendant by his attorney here into
Court And by leave of the Court files herein his plea to the plffs
petition.
Samuel W. Harris – Plff
vs
Daniel Brant & Ebenezor Gash – Deft
Petition & debt
Now at this day Comes the Defendant by his attorney here into Court
And by leave of the Court files herein his pleas to the plaintiffs
petition.
Alfred Wallace and Oracemas Evans
vs
Eli Roberts – Deft
Petition in debt
Now at this day comes the Plff by his attorney and the Defendant
though solemnly called comes not but makes default – whereupon the
action of the s’d plff remains against the said Defendant un
Defended whereupon the s’d plffs pleas to remain it is ordered by
the Court here that a writ of inquiry be awarded returnable to the
next term of this Court untill which time this Cause is ordered to
be Continued.
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December Term 1842
The Grand Jury returned here into Court a true bill against David
Balentine for Keeping a dram Shop without License, against Charles
Gibson for Trespass Sixteenth Section, against George Gibson for
Trespass on sixteenth section – against John Cox for Trespass on
Sixteenth section, against Richard A. Brown for an assault with
intent to Kill against David Ballentine for retailing liquor to
negroes And against Robert N. Burch for Grocery Keeping – And having
no further business before them were by the Court discharged.
Alfred Wallace and Onicivius Evans – Plffs
vs
Chas. F. Bullock – Deft
Petition and debt
Now at this Day comes the plaintiffs by their attorney as well as
the Defendant in his own proper person, And the said Defendant saith
he Cannot deny but that he owes to the said plaintiffs the sum of
One hundred and One Dollars and seventy seven and three fourth cents
for their debt and the sum of nine Dollars and forty nine Cents for
their 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
plaintiffs recover of the Said Defendants the debt and Damages so
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.
Alfred Wallace & Onicivius Evans – Plffs
vs
James Wilson – Deft
Petition & debt
Now at this day Comes the said plaintiffs by their attorney and the
Defendant being Solemnly Called Comes not but makes default
Whereupon the said action of the said plaintiff, remains against the
said Defendant undefended – And whereas it is Suggested and proved
and manifestly appears to the Court here that the said plaintiffs
ought to recover against the said Defendant the sum of One hundred &
Eleven Dollars & Twenty one & a half cents
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December Term 1842
for his Debt and ten Dollars Eighteen and one half cents for his
Damages by way of Interest – Therefore it is Considered by the Court
here that the said plaintiffs recover against the said defendant the
sum of One hundred and Eleven Dollars and Twenty one and a half
cents for his debt and the further sum of Ten Dollars and Eighteen
and one half 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.
Oliver Bennett – Plff
vs
Pleasant M. Cox and Zachariah Lilley – Defts
Assumpsit
Now at this day Comes the parties by their attorney And on Motion of
the plaintiff by his attorney and the Defendants by their Attorney
assenting thereto this Cause is Ordered to be Continued untill the
next term of this Court.
Samuel W. Harris – Plff
vs
David Corbin – Deft
Petition And debt
Now at this day comes the said plaintiff by his Attorney And the
defendant Although Solemnly Called Comes not but Makes default –
Wherefore the said Action of the Said Plaintiff against the said
defendant remains undefended – And whereas it is Suggested and
Proved And Manifestly Appears to the Court here that the said
Plaintiff ought to recover against the said Defendant for his debt
the sum of One hundred and seventy Two Dollars and Eighty Seven
Cents for his debt And the further sum of four Dollars & seventy
Three Cents for his Damages by way of interest, Therefore it is
Considered by the Court here that the sum of One Hundred and Seventy
Two Dollars for his debt And the further sum of four Dollars and
seventy three 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 therefore his writ of execution.
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December Term 1842
Alfred Wallace & Onicimus Evans – Plff
vs
Daniel Brant – Defendant
Petition & Debt
Now at this day comes the said plaintiffs by his attorney, and the
defendant although solemnly called comes not but makes default –
Wherefore The said action of the said plaintiff against the said
defendant remains undefended, and whereas it is suggested and proved
and manifestly appears to the court here that the said plaintiff
ought to recover against the said defendant for his debt The sum of
Three Hundred and one dollars and eighty six and a half cents and
the further sum of Twenty seven Dollars and sixty six and a fourth
cents for his damages by way of interest, therefore it is considered
by The Court here That the said plaintiff recover against the said
Defendant The aforesaid sums of Three Hundred and one Dollars and
eighty six and a half cents and The sum of Twenty seven Dollars and
Sixty six and one fourth cents for his damages together with his
costs and charges by him in this behalf laid out and expended and
that he have Thereof his writ of execution.
Averlius B. Harris
vs
William H. McCulloch and Henry W. Crow
Petition & Debt
Now at this day comes The said plaintiff by his attorney and the
defendants Though solemnly called comes not, but makes default
wherefore the said action of the said plaintiff against the said
defendant remains undefended, and whereas it is suggested and proved
and manifestly appears to the Court here, that the said plaintiff
ought to recover against the said defendant for his debt the sum of
Five Hundred and Twenty Dollars and the further sum of thirteen
Dollars Eighty six cents for his damages by way of Interest,
Therefore it is Considered by the Court here, that the said
plaintiff recover against The said defendant the aforesaid sum of
Two Five hundred and twenty Dollars for his debt and
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December Term 1842
the sum of Thirteen Dollars and Eighty six cents for his damages, so
assessed 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.
Barton T. Wilson & Elisha W. Brown – Plff
vs
Julius Satloff – Deft
Petititon in Debt & attachment
Now at this day Comes the said Plaintiff by their attorney and it
appearing from the return of the Sheriff upon The Writ in This Cause
issued that the Said Defendant Cannot be found upon Motion of The
Said Plaintiffs by their attorney It is Ordered by the Court here
that the said Plaintiffs Cause Notice to be served on the said
Defendant by publication in some public News paper 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 the first Monday in April next four weeks
Notifying the said Defendant That an motion of debt has been
Commenced against him by the said plaintiffs for the sum of One
Hundred and nineteen Dollars and seventy Eight cents That a Writ of
attachment has been served out and his property attached And That
unless he appear at the next term of this said Court on or before
the Third day thereof And plead to the Action of the said Plaintiffs
Judgment will be rendered against him and his property sold to
satisfy the same And This Cause is Ordered to be Continued untill
the next term of This Court.
Nancy Rice
vs
Julius Satloff
Petition in Debt & attachment
Now at this day Comes the plaintiff by his attorney and it appearing
to the Satisfaction of the Court from the return of the Sheriff upon
the writ in this Cause issued that the said Defendant Cannot be
found, and upon motion of 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 newspaper
printed in this state for four weeks successively the last to
insertion to be at least four weeks before the first day of the next
term of this Court
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December Term 1842
which Commences on the first Monday in April next notifying the said
Defendant that an action of debt has been Commenced against him by
the said plaintiff for the sum of sixty Eight Dollars and Twenty
five Cents. That a writ of attachment has been issued 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 to satisfy the same – And This Cause is Ordered to be
Continued untill the next term of this Court.
James Gardner – plff
vs
Alborn D. Abston – Deft
Petition in Debt & Attachment
Now at this day Comes the parties by their attornies and the motion
filed on yesterday to quash the writ in this Cause issued being
argued and fully heard and understood of the Court Court – and the
fact that the said plaintiff was duly sworn to the affidavit upon
which he said out his writ of attachment being satisfactorily
established by the Oath of the Clerk of this Court Said motion is by
the Court here Overruled and the Clerk permitted and ordered to
endorse upon said affidavit his usual certificate of oath, Whereupon
by leave of the Court the said Defendant files herein his plea in
abatement to said plaintiffs action.
Benjamin Perkins
vs
Jacob Gilbert
Appeal
Now on this day Comes the parties by their attornies and on Motion
of the Said Defendant by his attorney it is ordered by the Court
here, that the papers in the above Cause transmitted to this Court
by the Clerk of the Bates Circuit Court be remanded to the Clerk of
said Bates Court And it is further Ordered That the Clerk of the
said Bates Circuit Court transmit to the Clerk of this Court a Copy
of the order petition And Affidavit, and a full transcript of the
records and proceedings in this Cause with all the Original papers
filed in the Cause and forming a part of the record.
Joseph Waldo – Plff
vs
John H. Allison – Deft
Petition in debt
Now at this day comes the said plaintiff
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December Term 1842
by his attorney and the said Defendant although solemnly Called
Comes not but makes default, Wherefore the said Action of the said
Plaintiff against the said defendant remains undefended – And
whereas it is Suggested And proven and Manifestly appears to the
Court here that the said Plaintiff ought to recover of the Said
Defendant the sum of Ninety seven Dollars and Thirty one Cents for
his debt and the further sum of three Dollars and Twenty Two Cents
for his Damages by way of interest Therefore it is considered by the
Court here that the said Plaintiff recover against the said
Defendant the aforesaid Sum of Ninety Seven Dollars and Thirty one
cents for his debt as well as the sum of three Dollars & Twenty Two
Cents for his Damages together with his Costs and Charges in this
behalf laid out and Expended And that he have thereof his writ of
Execution.
State of Missouri
vs
Julius Sutliff
Indc’t resisting Sheriff
Now at this day Comes the Circuit Attorney Who prosecutes for the
State of Missouri and upon his Motion it is Ordered by the Court
here that this Cause be Continued Generally.
State of Missouri
vs
Robert N. Burch
Indc’t Grocery Keeping
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 Considered by the Court here that the
Said defendant from his recognizance aforesaid be discharged and
that he go thereof without day.
Samuel W. Harris
vs
Daniel Brant & attorney
Petition in debt
Now at this day comes the said defendant by his attorney here into
Court and by leave of The Court files herein his bill of discovery
Whereupon it is Ordered by the Court that the said plaintiff answer
said Bill.
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December Term 1842
Samuel W. Harris – Plff
vs
Daniel Brant & Ebenezor Gash – Deft
Petition in debt
Now at this day Comes the said Defendant here into Court And by
leave of the Court here files herein his bill of discovery,
whereupon it is Ordered by the Court here that the said Plaintiff
answer said Bill.
State of Missouri
vs
Robert N. Burch
Indc’t Grocery Keeping
Now at this Day Comes the Circuit attorney who prosecutes for the
State of Missouri as well as the said defendant who makes his
voluntary personal appearance and for his plea saith he is not
guilty in manner and form – as in the said indictment is declared
against, and both parties being ready for trial Comes a Jury To wit.
Moses D. Weddal, Thomas N. Green, Abner C. Tyre, John G. Williams,
Josiah Whitley, Anthony N. Hester and Andrew Anderson Seven good and
lawful men agreed on by the parties who were Elected tried and sworn
well and truly to try the issue in this Cause Issued After hearing
the Evidence and argument of Counsel returned 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 without
day.
Ordered that Court adjourn until Tomorrow morning eight of the
Clock.
F.P. Wright
Wednesday Morning Eight of the Clock
Court met pursuant to adjournment
Present as on yesterday
Abner Anderson – Plaintiff
vs
Albern D. Abston – Deft
Debt & attachment
Now at this day Comes the plaintiff by his attorney And files herein
his replication to Defts plea.
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December Term 1842
James Gardner – Plff
vs
Alborn D. Abston – Deft
Debt & attachment
Now at this day Comes the Plaintiff by his attorney and files herein
his replication to the Defendants plea.
Samuel W. Harris – Plff
vs
Daniel Brant, William McDaniel, William Gash, Z. Lilley, Ebenezor
Gash, Chas. P. Bullock & Joseph W. Cox – Defts
Petition in debt
Now at this day again comes the parties by their Attornies and the
Plaintiff by his attorney files herein his motion to dismiss the
defendants bill of discovery And the Defendant by his attorney moves
the Court for leave to amend his bill of discovery whereupon the
Court does order that the motion of the plaintiff Overruled and that
the Defendant have leave to amend his said bill.
Samuel W. Harris – Plff
vs
Daniel Brant & Ebenezor Gash – Defts
Petition in Debt
Now on this day again comes the plaintiff by his Attorney And Moves
the Court for leave to dismiss his suit as to the Said Defendant
Daniel Brant. And to him leave is given.
John F. Weidemeyer, Thomas E. Draffon, John Draz – Plffs
vs
John L. Frabern – Deft
Appeal
Now at this day Comes the parties by their Attornies And by
agreement of parties this Cause is ordered to be Continued until the
next term of this Court.
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December Term 1842
Samuel W. Harris – Plff
vs
Daniel Brant and Ebenezor Gash – Defts
Petition and debt
Now at this day comes the parties by their attornies and both
parties being ready for trial Comes a Jury To Wit John G. Williams,
Columbus Hahan, William H. McCullock, Joseph W. Cox, Henry W. Crow,
John W. Berry, William H. Clark, Henry Pollard, Elcanah Cain, Jonas
Cason, Abner C. Tyne & Henson S. Sterns who were duly Elected tried
and sworn well and truly to try the issue in this Cause Joined And
after hearing the evidence and argument of Counsel returned into
Court the following verdict To wit on the first plea The Jury find
for plaintiff, on Second plea Jury find for plaintiff on the third
plea Jury find for Defendant Therefore it is Considered by the Court
That the said plaintiff take nothing by his writ and 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.
Alfred Sheldon – Plff
vs
Alborn D. Abston – Deft
Debt and Attachment
Now at this day Comes The plaintiff by his attorney and Moves the
Court for a Continuance of this Cause and for Sufficient Cause shown
This Cause is ordered to be Continued untill the next term of this
Court at the plaintiffs Costs.
James Gardner – Plff
vs
Alborn D. Abston – Deft
Debt & attachment
Now at this day comes the plaintiff by his Attorney and upon his
Motion and for good Cause Shown – This Cause is ordered to be
Continued untill the next term of this Court at the plaintiffs
Costs.
Samuel W. Harris
vs
Daniel Brant, Wm. McDaniel, William Gash, Z. Lilley, Ebenezor Gash,
Chas. P. Bullock & Joseph W. Cox – Defts
Debt
Now at this day comes again the parties by their Attornies and the
Said plaintiff by his Attorney asks leave to withdraw his pleas and
bill of Discovery and to him
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December Term 1842
leave is given and the Said Defendant Saith nothing in bar or
preclusion of the Said plaintiffs Cause of action, Whereupon the
Said action remains against the Said defendants undefended –
Whereupon the Said plaintiff ought to recover against the Said
Defendants his debt and damages on occasion of the premises, And
because it is Suggested proved And Manifestly appears to the Court
here that the Sum of five hundred Dollars for debt and fifty six
Dollars and Twenty five cents damages by way of interest at the
rates of ten per centum per annum as due to the Said plaintiff –
Therefore it is Considered by the Court here that the Said plaintiff
recover of the Said defendants the debt and damages aforesaid
assessed together with his Costs and Charges in this behalf laid out
And Expended And that he have thereof his writ of Execution.
Lindsey Applegate – Plff
vs
Samuel F. Mitchell – Deft
Debt & Attachment
Now at this day again Comes the plaintiff by his attorney And upon
his motion and for good Cause Shown this Cause is Ordered to be
Continued untill the next term of this Court at the plaintiffs
Costs.
State of Missouri – Plff
vs
David Ballentine – Deft
Indc’t dram Shop Keeping
Ordered That the Clerk of this Court do Issue Capias Against the
defendant directed to the Sheriff of St. Clair County returnable to
the first day of the next term of this court untill which time this
Cause is Ordered to be Continued.
State of Missouri
vs
David Ballentine
Indc’t retailing liquors to Slave
Same order as above.
State of Missouri
vs
Richard A. Brown
Indc’t Assault intent to Kill
Same order as above.
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December Term 1842
State of Missouri
vs
George W. Gibson
Indc’t Trespass on 16th Section
Order that the Clerk of this Court do issue a writ of Capias against
the Said Defendant returnable to the next term of this Court untill
which time this Cause is Ordered to be Continued.
State of Missouri
vs
John Cox
Indc’t Trespass on Sixteenth Section
Same Order as above.
State of Missouri
vs
Charles Gibson
Indc’t Trespass on Sixteenth Section
Same Order as above.
Albert Sheldon – Plff
vs
Alborn D. Abston – Deft
Petition in Debt & Attachment
Now at this day Comes the plaintiff by his attorney and upon his
motion it is Ordered by the Court here that the Money in the hands
of the Sheriff of St. Clair County arising from the Sale of property
under Execution against the defendant and in favor of Seth B. Howard
after Satisfying Said Execution remain in the Custody of the Sheriff
Subject to the order of the Court in this Cause.
Pleasant M. Cox, guardian of Lelia V. Crutchvield
vs
Charles P. Bullock
Debt on note
Now at this Day Comes the parties in their now proper person and the
Said Defendant says he Cannot deny but that he owes to the Said
Plaintiff the Sum of Ninety five Dollars for his Debt and the
further sum of four Dollars and Seventy five Cents for his Damages
by way of Interest at the rates of ten per Centum per annum which
Said Sums the Said plaintiff agrees to Accept for his Debt and
Damages as aforesaid Therefore it is Considered by the Court here
that the
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December Term 1842
Said Plaintiff recover of the Said Defendant the Sum of Ninety five
Dollars for his Debt and the further Sum of four Dollars and Seventy
five Cents for his Damages so Confessed as 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.
written in left hand margin: Ordered of Charles P. Bullock full
satisfaction on this Judgment. Nov. 7th AD 1844. Pleasant M. Cox,
Guardian.
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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