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St. Clair County Circuit Court
Microfilm Transcripts
March Term 1845
Page 141:
March Term 1845
The Circuit Court Commenced and held at the Courthouse in the Town
of Osceola in St. Clair County on Monday the 31st day of March A.D.
1845.
Present Foster P. Wright Circuit Judge
Charles P. Bullock Clk
John L. Trabern Sheriff
The Sheriff of St. Clair County returned into Court the Venire for a
Grand Jury for the State of Missouri for the body of the County of
St. Clair from which was sworn and Empannelled The following named
persons as a Grand Inquest To wit William M. Cox foreman, Robert
Anderson, Reuben Robinson, Harlen Hays, Wm. F. Willett, Elezier
Payne, Wm. Wright, David L. Hamilton, George W. Bonds, William L.
Browning, Anthony N. Hester, Theodrick Snuffer, Edward Bristo,
Matthew Frances, John H. Culbertson, George W. McFarland and Hiram
(space) – Who having received their Charge retired to Consider of
their presentments.
State of Missouri
vs
Hiram Fredrick
Indc’t Perjury
On Motion Of the Circuit Attorney who prosecutes for the State of
Missouri, This Cause is Ordered to be Continued Generally.
State of Missouri – Plff
vs
Edmund Wood – Deft
Recognizance to Keep the peace
On Motion of the Circuit Attorney who Prosecutes for the State of
Missouri this Cause is Ordered to be dismissed, Therefore it is
considered by the Court that the said Edmund Wood from his
recognizance aforesaid be discharged and that he go thereof without
day.
Edwin H. Hubbard – Plff
vs
Warren C. Keath – Deft
Replevin
Now at this day Comes the parties by their Attorney and the
Defendant by his attorney files herein his Motion to Suppress the
depositions of (space) Havens which Motion being Seen heard and
fully understood by the Court is by the Court Sustained.
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March Term A.D. 1845
Charles F. Garrett – plff
vs
George W. Weir – Deft
Debt on Note
Now at this day Comes the plaintiff and moves the Court to dismiss
this Cause at his Costs – Therefore it is Ordered by the Court that
this Cause be dismissed at the Said plaintiffs Cost – 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.
James Browder, Admr of the Estate of Jonas Heath dec’d – Plff
vs
Peter Ashley – Defendant
Assumpsit
It having been suggested and the Court being satisfied that since
the last Term of this court Peter Ashly the defendant in this Cause
has departed this life, and it not appearing to the Court that an
Administrator has yet been appointed this cause is continued until
the next term of this Court.
State of Missouri – Plff
vs
James Hornbeck – Deft
Indc’t for holding Stake on a bet on an Election
Now at this day Comes the Defendant by his attorney and files herein
his Motion to quash this Indictment – which motion being Seen heard
and fully understood by the Court is by the Court Overuled Whereupon
the parties being ready for trial comes a Jury Totwit: Silas M.
Stout, Roderick D. McCullock, Alborn D. Abston, Washington Whiston,
Robert Evans, Richard Stow, Joel Starkie, William W. Walters,
William Moore, William C. Saunders, James D. Clarkson, Warren C.
Keath, twelve good and lawful men well and truly tried and Sworn to
try this issue in this Cause Joined After hearing the evidence and
argument of Counsel returned into court the following Verdict “We
the Jury find the Defendant not guilty as Charged in this
Indictment” Therefore it is Considered by the Court that the Said
defendant from his recognizance be discharged and that he go thereof
without day.
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March Term A.D. 1845
State of Missouri – Plff
vs
Hardy Hinesley & William Whitney – Defts
Indc’t for betting on an Election
Now at this day Comes the Circuit attorney who prosecutes for the
State of Missouri as well as the said Defendant by his attorney –
And the said Defendant by his attorney files herein his motion to
quash this Indictment – Whereupon the said Circuit Attorney says he
will not further prosecute this Indictment Therefore it is
Considered by the Court that the said Defendant from his
recognizance be discharged and that he go thereof without day.
State of Missouri – Plff
vs
Samuel Haden – Deft
Indc’t for Dram Shop Keeping
Now at this day Comes the parties by their Attorneys And both
parties being ready for trial Comes the Jury to wit: Robt. F.
Gardner, Columbus Hahn, Warren C. Beatty, Matthew Boswell, Jas.
Addington, Renos Thompson, David A. Bunch And William M. Coody,
eight good and Lawful men well And truly tried and Sworn to try the
issue in this Cause Joined, And who are by the parties Accepted as a
Sufficient Jury, After hearing the effidence And argument of Counsel
Returned into Court the following Verdict. “We the Jury find the
Defendant Guilty – And fine him twenty dollars” therefore, it is
Considered by the Court here, that the Said Plaintiff recover of the
Said Defendant, the Sum of Twenty dollars So Assessed by the Jury as
aforesaid together for their Costs and charges in this behalf laid
Out and expended And that She have her writ of Execution.
The Grand Jury for the State of Missouri for the Body of the County
of St. Clair Return here into Court And having no presentments to
make or further business before them, Are by the Court discharged.
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March Term 1845
Order that Court adjourn until tomorrow morning eight Of the Clock.
F.P. Wright Cir Judge
Tuesday Morning 8 O’Clock
Court Met Pursuant to Adjournment
Present As On Yesterday
(space) Sloan – Plff
vs
Sam’l Caplinger
Petition in Debt
Now at this day Comes the Plaintiff by his Attorney And files herein
his bond for the Costs in this Cause, which bond is by the Court
Approved.
Isaac Culbertson – Plff
vs
Edward T. Berry – Deft
Petition in Debt And Attachment
Now this day Comes the Plaintiff by his Attorney And Suggests to the
Court here that the Property Attached in this Cause is insufficient
to Satisfy the Debt of the Plaintiff. And moves the Court for an
alias writ of Attachment directed to the Sheriff of Henry County
returnable to the Next term of this Court Which was Accordingly
Ordered And Until which time this Cause is ordered to be continued.
John E. Morgan – Plff
vs
Edward T. Berry
Petition in Debt and Attachment
Now at this day Comes the Plaintiffs And by his Attorney And
Suggests to the Court here, that the Property Attached in this Cause
is insufficient to Satisfy the Debt of the plaintiff And moves the
Court for an alias writ of Attachment directed to the Sheriff of
Henry County returnable to the Next term of this Court which was
Accordingly Ordered And Until which time this Cause is ordered to be
Continued.
Joseph Culbertson – Plff
vs
Edward T. Berry – Deft
Return in debt and Attach’t.
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March Term 1845
Now at this day Comes the plaintiff by his Attorney And Suggests to
the Court here, that the property Attached on this Cause is in
Sufficient to Satisfy the debt of the plaintiff, And moves the Court
for and as Attachment directed to the Sheriff of St. Clair County
returnable to the next term of this Court, which was accordingly
ordered And Until which time this Cause is Ordered to be Continued.
William H. Clark – Plff
vs
Edward T. Berry – Deft
Petition in debt and Attachment
Now at this day Comes the Plaintiff by his Attorney And Suggests to
the Court here that the property Attached in this Cause is
insufficient to Satisfy the plaintiffs Debt And Moves the Court for
an alias Attachment directed to the Sheriff of Henry County
Returnable to the next Term of this Court, which was Accordingly
ordered, And until which time this Cause is ordered to be Continued.
William B. Moore and Orville Green – Plffs
vs
Robert Marable – Deft
Petition in debt
Now at this day Comes the plaintiff by his attorney And upon his
motion this Cause is Ordered to be dismissed at the plffs Costs.
Richard Thruston – Plff
vs
Alfred Wallace and Oneicimus Evans – Deft
Assumpsit
Now at this day Comes the Defendants by their Attorney And files
herein his motion to rule the Plaintiff to Security for costs.
Columbus Hahn – Plff
vs
James Gardner, William Gardner & Others – Deft
Appeal
Now at this day Comes the parties by their Attornies and the
defendant by his attorney files herein his motion to dismiss this
appeal And upon his motion leave is given him to withdraw his Said
motion.
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March Term A.D. 1845
Edwin H. Hubbard – plff
vs
Warren C. Keath - Deft
Replivin
Now at this day Comes the parties by their Attornies And the Motion
of the Defendant to Suppress the depositions in this Cause Taken by
the plaintiff being argued is by the Court Sustained And on Motion
of the plaintiff by his attorney And for good cause Shown this Cause
is Ordered to be Continued untill the next term of this Court at the
plaintiffs Costs.
Columbus Hahan – Plff
vs
James Gardner, William Gardner & others – Deft
Appeal
Now at this day comes the parties by their attornies And both
parties being ready for trial Comes a Jury Towit Samuel Boman,
Warren C. Keath, Henry T. Small, Jonas Caton, Mark T. Brown, James
Ramos [name is crossed out], John A. Culbertson, Robert A. Osborn,
And Samuel Wyatt, eight Good and lawful men well and truly elected
tried And sworn to try the issue in this Cause Join Joined And Who
are by the parties accepted as a Sufficient Jury in this Cause, And
for the want of time this Cause is order to be Continued until
tomorrow morning.
County of St. Clair – plff
vs
James Wilson, Robert Anderson and Theodrick Snuffer – Defts
Action of Debt
Now at this day Comes the parties by their Attorneys, And the
plaintiff by his attorney Moves the Court for leave to Amend his
declaration, and to him leave is given And this Cause is order to be
Continued until the Next Term of this Court.
Order that Court adjourn until tomorrow morning at 8 of the clock.
F.P. Wright Cir Judge
Page 147:
March Term A.D. 1845
Wednesday Morning Eight O’clock
Court Met Pursuant to adjournment
Present as on Yesterday
Richard Thruston – Plff
vs
Alfred Wallace and Ovacimus Evans – Deft
Now at this day again Comes the parties by their Attornies and the
Motion filed on Yesterday being argued and fully understood by the
Court it is Ordered by the Court that the plaintiff file in this
Cause at least thirty days before the next term of this court a
Sufficient bond for the Costs in this Cause conditioned according to
Law untill which time this Cause is Ordered to be Continued at the
plaintiffs Costs.
Alborn D. Abston – Plff
vs
James Gardner – Deft
Appeal
Now at this day Comes the plaintiff by his attorney and files herein
his motion to dismiss this appeal.
M.W. Sloan – Plff
vs
Samuel Caplinger – Deft
Petition in debt
Now at this day Comes the parties by their attornies and the
Defendant by his attorney files herein his motion to dismiss this
cause for want of a Sufficient and Bond for Costs and on motion of
the plff by his attorney leave is given to file a new Bond for the
Costs in this Cause.
Columbus Hahan – Plff
vs
James Gardner, William Gardner and others – Deft
Appeal
The Jury chosen and impannelled in this cause on Yesterday again
being brought into court, and after hearing the evidence and
argument of Counsel returned here into Court the following Verdict
“We the Jury find for the plaintiff and assess the damages at seven
Dollars and fifty cents” Therefore it is Considered by the Court
that the said Plaintiff recover of the Said defendants the Sum of
Seven Dollars the sum 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.
Page 148:
March Term A.D. 1845
James Gardner & William Gardner – Plffs
vs
Alborn D. Abston & Benjamin H. Moore – Defts
Trespass
Now at this day comes the parties by their attorneys and both
parties being ready for Trial Comes a Jury Towit Hiram Short,
William C. Thompson, Elkennah Cain, John S. Brown and Joseph W. Cox
five good and lawful men well and truly Elected tried and sworn to
try the issue in this Cause Joined and who are by the parties
accepted as a good and sufficient Jury in this Cause After hearing
the evidence and arguments of Counsel returned into Court the
following Verdict To Wit: We the Jury find the defendants not guilty
Therefore it is considered by the Court that the said Defendants
recover of the said plaintiffs their Costs and Charges in this
behalf laid out and Expended And that they have thereof their writ
of Execution.
M.W. Sloan
vs
Sam’l Caplinger
Now at this day comes the Defendant by his attorney And files herein
his motion to quash the plaintiffs declaration and writ.
William W. Walters – Plff
vs
Uriah L. Sutherland – Deft
Now at this day comes the parties by their attorneys and the
defendant by leave of the court files herein his Demurrer to the
plaintiffs declaration, Which Said Demurrer being argued and fully
heard and understood by the court is by the court overruled
Whereupon and upon motion of the said Defendant he has leave to
withdraw his demurrer and file his plea of not guilty.
Robt Williams
vs
Julius Sutliff, Edmund Nance & others
Petition in debt
Page 149:
March Term A.D. 1845
Now at this day comes the parties by their attorneys and the
plaintiff by his attorney dismisses his suit against all the
defendants Except the Defendant Edmund Nance – And both parties
being ready for trial and neither party requiring a Jury this cause
is submitted to the Court whereupon the Court after hearing the
evidence doth find for the plaintiff the sum of fifty Dollars for
his debt as well as the further sum of nine Dollars and fifty four
Cents for his damages by way of interest – Therefore it is
Considered by the Court that the said plaintiff recover of the said
Defendant Nance the sum of fifty Dollars for his debt and nine
Dollars And fifty four 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.
Alborn D. Abston – Plff
vs
James Gardner – Deft
Appeal
Now at this day comes the parties by their attorneys And the
Defendant by his attorney files herein his motion to rule the
plaintiff for costs of suit, which motion being Seen heard and fully
understood by the Court is by the Court Overuled – also the motion
filed in this Cause to dismiss the appeal, being Argued and by the
Court fully heard and understood is by the Court Overruled –
Thereupon both parties being ready for trial Comes a Jury To Wit –
James Dudley, William B. Moore, George L. Terry, William Wright,
Bennett Jones & Wiley Holland Six good and lawful men well and truly
Elected tried and sworn to try the issue in this Cause Joined, who
are Accepted by the parties as a good and Sufficient Jury in this
Cause After hearing the evidence And argument of Counsel returned
into Court the following Verdict Towit “We the Jury find for
Defendant, and assess the damage to ten Dollars and fifty Cents” –
Therefore it is Considered by the Court that the said Defendant
recover of the said plaintiff the sum of Ten Dollars and fifty Cents
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.
M.W. Sloan
vs
Sam’l Caplinger – Deft
Petition in debt
Now at this day Comes the parties by their attorneys and the Motion
filed herein by the Defendant to quash the plaintiffs Declaration
and writ, being argued
Page 150:
March Term A.D. 1845
and by the Court fully heard and understood, it is by the Court over
ruled so far as said motion relates to the writ in this Cause
issued.
County of St. Clair – Plff
vs
Robert Anderson, Jno Perry & Joseph W. Cox – Defts
Debt
Now at this day comes the Defendants by their attorney and by leave
of the Court files herein their plea of Non est factum to the
plaintiffs action.
James Gardner & William Gardner – Plffs
vs
Alborn D. Abston & Benjamin H. Moore – Defts
Trespass
Now at this day Comes the parties by their attorneys and both
parties being ready for trial Comes a Jury To Wit Hiram Short,
William C. Thompson, Elkennah Cain, John S. Brown & Joseph W. Cox
five good and lawful men well and truly Elected tried and sworn to
try the issue in this Cause Joined.
Ordered that Court adjourn untill Tomorrow morning 7 of the Clock.
F.P. Wright
Thursday Morning 7 of the Clock
Court met pursuant to adjournment
Present as on Yesterday
M.W. Sloan – Plff
vs
Sam’l Caplinger – Deft
Petition in debt
Now at this day Comes the Defendant by his attorney and by leave of
the court files herein his plea of nil debit to the plffs
declaration and upon his further motion leave is given him to file
his notice of the motion of the Evidence he will rely on upon the
trial of this cause written ninety days from this date and to
furnish the plaintiff or his attorney with a Copy thereof – And this
Cause is Ordered to be Continued untill the next term of this Court.
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March Term A.D. 1845
Joseph Waldo – Plff
vs
Daniel Brant – Deft
Petition in debt
Now at this day comes the Defendant by his attorney and by leave of
the Court files herein his plea of nil debit to the plaintiffs
Action.
Wade Whitney – Plff
Vs
Robert P. Cocke – Deft
Trespass
Now at this day Comes the parties by their Attornies And upon their
motion this Cause is ordered to be dismissed Each party paying their
own Costs in this behalf laid out And Expended.
James Gardner & Wm Gardner – Plffs
vs
Osborn D. Asborn & Benjamin H. Moore – Defts
Trespass
Now at this day again Comes the plaintiff by their attornies and
moves the court to set aside the Judgment in this cause and grant to
Turn a new Trial, which motion being seen heard and fully understood
by the Court is by the Court overruled to which Judgment and opinion
of the Court the plaintiffs by their attorney Except and tenders to
the Court here their bill of Exceptions and Pray that it May be
Signed Sealed and Executed and made a part of the record on this
Cause Which is accordingly done & ordered to be filed And it is
further Ordered that the Defendants recover of the Said plaintiffs
their Costs incurred in Consequence of this Motion.
Joseph W. Cox administrator of the Estate of Wm. McClanahan Dec’d –
Plff
vs
Hiram Moot
Scire facias to receive a Judgment
Now at this day Comes the Defendant by his attorney and by leave of
the Court files herein his plea to the Jurisdiction of this Court –
Whereupon And upon Motion of the Said plaintiff This Writ is Ordered
to be dismissed at the Said plaintiffs Costs and upon further Motion
of the Said plaintiff by his attorney it is Ordered by the Court
here that the Clerk of the Court do issue a writ of Scire Facias for
the Judgment And Costs in the Said transcripts in the said writ of
Scire facias Mentioned in favour of the said Joseph W. Cox admr. of
the Estate of Wm McClannahan deceased.
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March Term A.D. 1845
William B. Moore & Orville Green – Plffs
vs
Edward Berry – Deft
Debt & Attachment on transcript from Justices Court
Now at this day Comes the Defendant by his attorney and by leave of
the Court files herein his plea of Nil debit to the plaintiffs
action.
William H. Clark – Plff
vs
Edward T. Berry
Debt & attachment on transcript from Justices Court
Now at this day Comes the defendant by his attorney And by leave of
the Court files herein his plea of Nil debit to the said plaintiffs
Action.
William H. Clark – Plff
vs
Edward T. Berry – 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 of Nil debit to the plaintiffs
Action.
William B. Moore & Orville Greene – Plffs
vs
Edward T. Berry – Deft
Debt & Attachment on Transcript from Justices Court
Now at this day Comes the Defendant by his Attorney And by leave of
the Court files herein his plea of Nil debit to the plaintiffs
Action.
Alfred Wallace & Ornicimus Evans – Plff
vs
James Wilson – Deft
Upon Judgment & Execution
Now at this day Comes John L. Trabern Sheriff of St. Clair County
and presents to the Court here for allowance a demand for Keeping
the property by him lived on by Virtue of Said Execution – Whereupon
the Court after Examining said Accent and hearing the Evidence do
allow Said Sheriff the sum of five Dollars and Ordered to be taxed
as Costs in Said Cause against the said defendant.
Page 153:
March Term A.D. 1845
Daniel Waldo – Plff
vs
John Gooch – Deft
Petition to foreclose Mortgage
Now at this day Comes John L. Trabern Sheriff of St. Clair County
here into Court and presents to the Court here a deed by him
Executed to Jacob Counce for the North East quarter of the south
East quarter of section No. Twenty in Township No. Thirty seven in
Range No. Twenty five Containing forty Acres in pursuance to an
order of the last term of this Court upon the petition of said Jacob
Counce – And the said John L. Trabern being personally Known to the
Court to be the person whose name is subscribed there to as having
Executed the same Acknowledged the same to be his Act And deed for
the purposes therein mentioned.
Ordered that all Causes And motions not otherwise dispose 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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