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St. Clair County Circuit Court
Microfilm Transcripts
December Term 1843
Page 100:
December Term 1843
At a Circuit Court Commenced and held at the Courthouse in the Town
of Osceola in St. Clair County in the State of Missouri on Monday
the 4th day of Dec’r 1843
Present Foster P. Wright Circuit Judge
Chas P. Bullock – Clerk
John Smarr Sheriff
Matthew Boswell – Plff
vs
Richard Stow & Abraham Stow – Defts
Petition to Quash Execution
Now at this Day Comes the Defendants by their Attorney And by leave
of the Court files herein their Motion to Quash the Execution which
Motion being seen, heard And fully understood is by the Court
Overuled.
The Sheriff of St. Clair County returns to the Court the Venera for
a Grand Jury, from which was Sworn And Empannelled the following
named persons To Wit – Uriah L. Sutherland foreman, David Corbin, Wm
W. Walters, Enoch Laster, David L. Hamilton, John Bunch, William
Brown, Daniel Cline, Wm Allen, John Perry, John Potter, Robert K.
Beale, Snoden Morris, Robert Anderson and Elisha Thomas, fifteen
Good And Lawful men of the body of St. Clair who having received
their Charges retired to Consider of their presentments.
Oliver Bennett – Plaintiff
vs
Pleasant M. Cox & Zachariah Lilley – Defendants
Petition in Debt
Now at this day comes the parties by their attornies and the
Plaintiff by his Attorney moves files the Court here for leave to
amend his petition, And to him leave is granted.
James Browder Adm. of the Estate of Jonas Heath Dec’d
vs
Peter Ashley – Deft
Assumpsit
Now at this day Comes the parties by their attorneys And the
defendant by his Attorney files herein his Motion for a Continuance
of this Cause And the Court after hearing the motion and for Good
Cause Shown do order that this Cause be Continued
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December Term 1843
untill the next term of this Court at the defendants Costs.
Boyd F. Bayand – Plaintiff
vs
Robert G. Crockett – Deft
Appeal
Now at this day Comes the Defendant by his attorney and by leave of
the Court files herein his motion to dismiss this appeal.
State of Missouri – Plff
vs
George W. Charlton – Deft
Indc’t with intent to beat bruise maime & etc
Now at This day comes The circuit attorney who prosecutes for the
State of Missouri as well as the Said George W. Charlton in his own
proper person, and for his plea saith he is not guilty and both
parties being ready for Trial Comes A Jury Towit – William Moore,
John Bedell, Daniel B. Clardy, John F. Ditty, Robert Sproul,
Hezekiah Thompson, John Breckenridge, Robert G. Crockett, George H.
Hutchings, James Bolds, Robert Evans and Roderick D. McCullock,
twelve good and Lawful Elected tried and sworn well and truly to try
the issue in This cause Joined, who after hearing the evidence and
argument of Counsel returned here into Court the following Verdict
To Wit “We the Jury find the Defendant Guilty and assess the fine at
One Hundred Dollars” Therefore it is Considered by the Court here
that the said plaintiff recover of the Said Defendant the sum of One
Hundred Dollars So Assessed as Aforesaid together with his Costs And
Charges in this behalf laid out and Expended And that She have
thereof her writ of Execution And it is further Ordered that the
said Defendant be remanded into the Custody of the Sheriff untill
the fine and Costs aforesaid Are paid.
Gilbert R. Van Allen – Plaintiff
vs
Philips Crow, Roderick D. McCullock & William H. McCullock –
Defendants
Debt on note filed
Now at This Day Comes the Said Defendants Roderick D. McCullock and
William H. McCullock by their attorney in fact John T. Crenshaw, and
the said Defendant Philips Crow as well as the Said Plaintiff by his
attorney who files herein Court his note against the said defendants
– Whereupon The said Roderick D. McCullock and William H. McCullock
by their said attorney and the said Philips Crow say they cannot
deny but that they owe and stand Justly indebted to the said
Plaintiff in the sum of Two hundred and Thirty Eight Dollars And
Eighty four Cents for his debt and the further sum of Eight Dollars
And Thirty five Cents for his
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December Term 1843
Damages which said Sums the plaintiff by his attorney agrees to
Accept – Therefore it is Considered by the Court here that the said
Plaintiff recover of the said Defendants the aforesaid sums so
Confessed as Aforesaid for his Debt and Damages together with his
costs and charges in this behalf laid out and Expended and that he
have thereof his writ of Execution.
James Terry – Plff
vs
Philips Crow, Henry W. Crow & John W. Berry – Defts
Debt on Note
Now at this day Comes the plaintiff by his Attorney and files herein
his note, And the Said Defendants Henry W. Crow and John W. Berry by
their attorney in fact John T. Crenshaw and the said Philips Crow in
his proper person, Whereupon the said Defendants Henry W. Crow &
John T. Berry by their Attorney in fact and the said Philips Crow
say they cannot deny but that they owe And Stand Justly indebted to
the said plaintiff in the sum of One hundred and Twenty nine Dollars
and Seventy Three cents for his debt and damages which said Sum the
plaintiff, by his attorney agrees to Accept – Therefore it is
Considered by the Court here that the Said Plaintiff recover against
the said Defendants the sum so Confessed as aforesaid for his debt
and damages 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:] By Order of the plaintiff by his
attorney of record John T. Crenshaw I enter this Judgment satisfied
in full May 19th 1846 – Chas P. Bullock Clk.
Ordered that Court adjourn untill Tomorrow 10 of the Clock.
F.P. Wright
Tuesday Morning 10 of the Clock
Court met pursuant to adjournment
Present as on yesterday
Abraham Stow & Richard Stow – Plffs
vs
Matthew Boswell – Deft
Petition to Stay Execution
Now at this day Comes the parties by their Attornies and the
petition in this Cause being argued and fully understood by the
Court is by the Court rejected.
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December Term 1843
Abraham Banta – Plff
vs
Joseph Montgomery – Deft
Case
Now at This day Comes the Defendant by his attorney and by leave of
the Court files herein his plea of General Issue to the plaintiffs
Declaration.
Joseph W. Cox – Plff
vs
John H. Berry & Edward T. Berry – Defts
Petition for debt
Now at this day Comes the parties by their attornies and both
parties being ready for trial and neither requiring a Jury, This
Cause is Submitted to the Court. Whereupon the Court after hearing
heard the Evidence do find that the said Defendants are indebted to
the said plaintiff in the sum of four hundred Dollars for his Debt
as well as the sum of Twenty three Dollars And Eighty Eight Cents
for his Damages by way of Interest – Therefore it is Considered by
the Court here that said Plaintiff recover against the Said
Defendants the aforesaid Sum so found 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.
Joseph W. Cox – Plff
vs
John W. Berry & Edward T. Berry – Defts
Petition in debt
Now at this Day Comes the Parties by their attornies And both
parties being ready for trial And neither requiring a Jury This
Cause is submitted to the Court Whereupon the Court after hearing
the Evidence do find that the said Defendants is indebted to the
said plaintiff in the sum of One hundred and Thirty Two Dollars &
35/100 for his debt and the further sum of Sixteen Dollars and fifty
three 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 aforesaid Sums so found as aforesaid for his
debt and damages as aforesaid together with his Costs and Charges in
this behalf laid Out and Expended And that he have thereof his writ
of Execution.
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December Term 1843
Daniel B. Clardy – Plff
vs
Robert McMinn & Joseph Culbertson – 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 Defendants are in Debted
to the said plaintiff in the sum of Two Hundred Dollars for his debt
and the further Sum of Thirty Dollars 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 so found by the
Court Aforesaid for his Debt and damages together with his Costs and
Charges in this Cause laid out and Expended And that he have thereof
his writ of Execution.
Isabella R. Conn – Plff
vs
Henry W. Crow – 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 do find that the said Defendants is indebted to
said plaintiff in the sum of one Hundred and one dollars and one
Cent for her debt and the further sum of Eighteen dollars & Fifty
three Cents for her Damages by way of Interest Therefore it is
Considered by the Court here that the said plaintiff recover against
the said Defendant the Sums so found by the Court as aforesaid for
her Debt And damages together with the Cost and Charges in this
behalf laid out and expended and that she have thereof her Writ of
execution.
John Wolff & John Hoppe – Plffs
vs
Thomas E. Draffin & John Draz – Deft
Debt
Now at this Day Comes the Defendants by his attorney and files
herein his plea of General issue.
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December Term 1843
Henry Rece – Plff
vs
William H. McCullock & Jacob A. Browning – Defts
Petition in Debt
Now at this day comes the Defendants by their attornies and by leave
of the Court files herein their plea to the Plaintiffs petition.
Samuel P. Hedges – Plff
vs
Andrew Culbertson – Deft
Assumpsit
Now at this Day Comes the parties by their attornies and the said
Defendant by his attorney files herein his plea of General Issue to
the first and second Counts in the plaintiffs Declaration and his
Demurrer to the Third Count of said plaintiffs Declaration whereupon
the Plaintiff moves the Court for leave to amend his said Third
Count – And to him leave is given.
Ordered that Court adjourn for one hour.
Court met pursuant to adjournment.
James Browder adm’r of the Estate of Jonas Heath Deceased – Plff
vs
Peter Ashley – Deft
Assumpsit
Now at this day comes the parties by their attorneys and on motion
of the Defendant by his attorney leave is given him to file his plea
of sett off on the first day of the next term of this Court upon
Condition that he serve James Winston with a copy of said plea
Thirty days from this date.
Oliver Bennette – Plff
vs
Pleasant M. Cox & Zachariah Lilly – Deft
Petition in Debt
Now at this day Comes the Defendants by their Attorney and leave of
Court files herein his plea to the plaintiffs actions.
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December Term 1843
William Hook – Plff
vs
Elisha Thomas – Deft
Petition in Debt
Now at this day comes the parties by their Attornies And the
Defendant by his attorney and files herein his plea to the said
plaintiffs action, and further moves the Court to file his special
plea at the next term of this Court upon Conditions that he serve
the Plaintiffs attorney Sixty days before the next term of this
Court with a copy of said plea.
Oliver Bennett – Plff
vs
Pleasant M. Cox & Zachariah Lilley – Deft
Assumpsit
Now at this day Comes the plaintiff by his attorney and upon his
motion this Cause is ordered to be dismissed.
Ordered that Court adjourns untill Tomorrow morning 8 of the Clock.
F.P. Wright
Wednesday morning 8 of the Clock
Court met in pursuance to Adjournment
Present as on Yesterday
Henry Orecal – Plff
vs
William P. Burks – Deft
Petition in debt & Attachment
Now at this day Comes the defendant by his attorney and by leave of
the court files herein his plea in Attachment.
Joseph Waldo – Compl’t
vs
Daniel Brant – Deft
Petition to foreclose Mortgage
[nothing further written for this case]
Charles F. Garrett – Plff
vs
Edward Nance – Deft
Petition in debt
Now at this day Comes the parties by their attornies and both
parties being ready for trial and
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December Term 1843
neither party requiring a Jury the cause is Submitted to the Court
Whereupon the Court after hearing the Evidence do find that the said
Defendant is indebted to the said plaintiff in the Sum of Three
hundred dollars for his debt and the further sum of fifty Two
Dollars and seventy Seven Cents for his damages. Therefore it is
Considered by the Court herein that the said plaintiff recover of
the Said defendant the sum of Three hundred Dollars for his debt and
the further sum of fifty Two Dollars and Seventy Seven Cents for his
damages 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.
William Harley – Plff
vs
Robert K. Beale – Deft
Petition in debt
Now at this day Comes the Defendant by his attorney and files herein
his plea of Not debt to the plaintiffs Action.
William Harley – Plff
vs
Tavenad Beale – Deft
Petition in debt
Now at this day Comes the Defendants by his attorney and by leave of
the Court files herein his plea of Not debt to the plaintiffs
Action.
John Sapington – Plff
vs
Abner C. Tyne – Deft
Petition in debt
Now at this day Comes the parties by their attornies and by Consent
of the parties this Cause is ordered to be Continued at the plffs
Cost untill the next term of this Court.
Daniel B. Clardy
vs
Charles F. Garrett
Petition in debt
Now at this day Comes the parties by their Attornies And up on their
Motion this Cause is Ordered to be dismissed at the Defendants
Costs.
Page 108:
December Term 1843
Daniel B. Clardy – Plff
vs
Charles F. Garrett – Deft
Petition in debt
Now at this day Comes the parties by their attornies and in their
Motion this Cause is ordered to be dismissed at the Defendants
Costs.
Daniel B. Clardy – Plaintiff
vs
Richard Stow, Abraham Stow, Hezekiah Thompson, Reaves Thompson –
Defendants
Petition in Debt
Now at this day Comes the parties by their Attornies and both
parties bring 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 fifty four Dollars and Eighty
Six cents for his debt as well as the Sum of Eight dollars and
Twenty Two cents for his damage by way of interest. Therefore it is
Considered by the Court here that the said plaintiff recover of the
said Defendant The Sum of fifty four Dollars and Eighty Six Cents
for his debt also the sum of Eight dollars and Twenty Two Cents for
his damages so found 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.
Richard Thurston – Plff
vs
Alfred Wallace & Onacimus Evans – Defts
Assumpsit
Now at this Comes the defendants by their attornies And by leave of
the Court files herein their demurrer to the plaintiffs declaration,
which demurrer being seen heard and fully understood by the Court
And Mature deliberation therein had is by the Court Overuled –
Whereupon the said defendants by their attornies files herein their
plea of Non Assumpsit to plaintiffs action and also files herein
notice to the plaintiff, at the testimony they will rely on in the
trial of this Cause – And this Cause is Ordered to be Continued
untill the next term of this Court.
Page 109:
December Term 1843
Boyd F. Bryant – Plff
vs
Robert G. Crockett – Deft
Appeal
Now at this day Comes the Defendant by his attorney and upon his
motion it is Ordered by the Court here that Lewis R. Ashworth the
Justice of the peace before whom this Cause was tried below Certify
up to this Court a true and perfect transcript of the entries in his
dockett in this Cause.
David Saunders & William Saunders – Plffs
vs
Henry W. Crow – Defendant
Assumpsit
Now at this day Comes the Defendant by his attorney and by leave of
the Court files herein his plea of Non Assumpsit to the plaintiffs
Action.
Henry Oneal – Plff
vs
Wm P. Burks – Deft
Petition in debt & Attachment
Now at this day Again Comes the parties by their attornies and the
plea in abatement filed herein being taken up seen heard And fully
understood by the Court is by the Court over ruled whereupon the
defendant by his attorney and by leave of the Court files herein his
Demurrer to the plaintiffs petition And on Motion of the plaintiff
by his attorney leave is given him to amend his petition by
inserting words in the Original – which amendment is accordingly
made And this Cause is Ordered to be Continued untill the next term
of This Court.
Isabella R. Conn – Plff
vs
Jno. T. McClain, John E. Mordan & Simeon C. Bruce – Defts
Debt on Note
Ordered that this Cause be Continued untill the next term of this
Court.
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December Term 1843
Jesse Casserday – Plaintiff
vs
John F. Weidemeyer & John W. Berry – Defendants
Petition in debt
Now at this day Comes the parties by their Attornies, and both
parties being ready for Trial – Comes a Jury To wit, Robert N.
Burch, John Gray, John Ditty, John Smith, Robert G. Crockett, and
Daniel Dale Six good and lawful men agreed upon by the parties to
try this Cause who was 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 to Wit – We the Jury
find for the plaintiff and Assess debt at $283.84 interest at $16.41
Therefore it is Considered by the Court here that the plaintiff
recover of the Said defendant the Said defendants the Sum of Two
Hundred and Eighty Three Dollars and Eighty four Cents for his debt
also the sum of Sixteen Dollars and forty one Cents for his damages
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.
[written in left hand margin:] Joshua C. Davis attorney on Record
for Jesse Casserday acknowledge full satisfaction of Judgment at
court costs – Chas P. Bullock Clerk, J.C. Davis atty for Plaintiff.
June 4 1844.
Robert Williams – Plaintiff
vs
Edmund Nance – Defendant
Petition in debt
Now at this day Comes the parties by their attornies and the
Defendant by his attorney And by leave of the Court files herein his
demurrer to the plaintiffs petition, which demurrer being seen heard
and fully understood by the Court and Mature deliberation thereon
had is by the Court Overuled – Whereupon the plaintiff by his
attorney moves the Court for leave to amend his petition by striking
out the Middle letter of the plffs name and to him leave is given
and the amendment accordingly made.
The Grand Jury for the State of Missouri for the body of the County
of St. Clair returned here into Court a True bill against Hiram
Fredrick for perJury a true bill against Elkennah Cain for dram Shop
Keeping without license Also Another true bill against Elkennah Cain
for dram Shop Keeping without License And having no further business
before them was by the Court discharged.
Page 111:
December Term 1843
State of Missouri
vs
Hiram Fredrick
Indictment for perjury
Ordered that the Clerk of this Court file a writ of Capias in this
cause 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
Elkennah Cain
Indc’t dram Shop Keeping
Ordered that the Clerk of this Court do issue a Writ of Capias
against the defendant in this Cause 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
Elkennah Cain
Indc’t dram Shop Keeping
Ordered that the Clerk of this Court do issue a writ of 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.
Joseph W. Cox – Complainant
vs
Daniel Brant – Defendant
Petition to foreclose Mortgage
Now at this day Comes the parties by their
[transcript ends here]
Boyd F. Bryant – Plff
vs
Robert G. Crockett – Deft
Appeal
Now at this day again Comes the parties by their attornies and the
Defendant by his attorney files herein his motion to set aside the
Judgment of the Justice in this Cause which motion being seen heard
and fully understood by the Court is by the Court Overuled.
Ordered that Court adjourn untill tomorrow morning 8 of the Clock.
F.P. Wright
Page 112:
December Term 1843
Thursday morning 8 of the Clock
Court met pursuant to adjournment
Present as on Yesterday
Boyd F. Bryant – Plff
vs
Robert G. Crockett – Deft
Appeal
Now at this day again 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 Defendant is indebted to
the said plaintiff in the sum of fifteen Dollars and ninety Cents
for his debt and Six Dollars and fifty 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 defendant the sum of fifteen
Dollars and ninety Cents for his debt and Six Dollars and fifty 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.
State of Missouri – plff
vs
George W. Charlton – Deft
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 And upon motion and agreement of the said parties It is
ordered that if the said defendant will pay or secure to be paid the
Costs in this Cause The said defendant is to go at large whereupon
The said Defendant offers to the Court here James Leister as his
security for the Costs who is by the said Circuit Attorney Accepted
as good and Sufficient – Therefore it is ordered that the s’d
Defendant be released from the Custody of the Sheriff And that
Execution issued for the fine only.
Jesse Casserday – Plff
vs
John F. Weidemeyer & John W. Berry – Defts
Petition in debt
Now at this day comes the parties by their attornies and the
defendants by their Attorney prays an appeal to the supreme Court
for the State of Missouri from the Judgment of this Court And files
herein their affidavit Therefore as the law directs Also files
herein their Bond with Wm H. Clark and William H. McCullock Their
Securities Conditioned according to Law in
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December Term 1843
vhich bond is by the court approved as good and Sufficient And to
them an appeal is granted.
Daniel Brant – Plff
vs
George W. Ponds – Deft
Execution
Ordered that Zachariah Lilley Deputy Sheriff of St. Clair County be
allowed the sum of Two Dollars for Keeping property levied on by
virtue of this Execution and that the same be taxed As Costs in this
Cause.
Now at this Day Comes John Smarr Sheriff of St. Clair County And
presents to the Court here a deed in favour of Wayman Crow (a long
space) Teirs &, (another long space) McCrary also order to Joshua
Teirs and one to Wayman Crow executed by said John Smarr as Sheriff
of St. Clair County, and who is Known to the Court to be the person
whose name is subscribed to the said deed as having executed the
same and Acknowledges the same to be his act and deed for the
purposes therein contained.
Ordered by the Court 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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