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St. Clair County Circuit Court
Microfilm Transcripts
October Term 1845
Page 154:
October Term A.D. 1845
At a Circuit Court Commenced and held at the Courthouse in the Town
of Osceola in St. Clair County on Monday the 6th day of October A.D.
1845.
Present Foster P. Wright Circuit Judge
Charles P. Bullock Clerk
John L. Trabern Sheriff
The Sheriff of St. Clair Count returned here into Court the Venere
for a Grand Jury from which was sworn and impannelled the following
named persons as a grand inquest for the State of Missouri for the
body of St. Clair County To Wit Henry C. Douglasss foreman, Thomas
N. Hendley, Bennett Jones, Wm. H. Walters, Hyram Nicol, James Pace,
Isaac Culbertson, Wm. R. Cothom, Columbus Hahan, Joseph Potter,
Zadock T. Reed, Henry E. Moran, Andrew Forest, Robert F. Gardner and
Lewis Reece 15 good and lawful men – who having received their
Charges retired to Consider of their presentments.
Richard Thruston – Plff
vs
Alfred Wallace & Omicimus Evans – Defts
Assumpsit
Now at this day Comes the defendants by their attorney And by leave
of the Court files herein their motion to dismiss this Cause for the
want of a Bond for Costs of suit.
William H. Clark – Plff
vs
Edward T. Berry – Deft
Now at this day Comes the parties by their Attorneys and both
parties being ready for trial And neither party requiring a Jury
this Cause is Submitted to the Court – Whereupon the Court after
hearing the Evidence doth find that the said Defendant is indebted
to the said plaintiff in the sum of forty six Dollars and Seventy
one cents for his debt. Therefore it is Considered by the Court that
the Said plaintiff recover Of the Said Defendant the Sum of forty
six Dollars and Seventy one Cents for his debt together with his
Costs and Charges in this behalf laid out and Expended and that he
have thereof his writ of Execution.
James Browder adm’r of the estate of Jonas Heath deceased - Plff
vs
Peter Ashley – Deft
Assumpsit
Page 155:
October Term 1845
On motion of the plaintiff by his attorney it is Ordered that the
Clerk of this Court do issue a writ of Scire Facias in this Cause
against James H. Lay the administrator of the Estate of the said
Defendant to show Cause if any he can why he should not be
Substituted a Defendant in this Cause directed to the Sheriff of
Benton County returnable to the next term of this Court, untill
which time this Cause is Ordered to be Continued.
William B. Moore & Orville Greene – Plffs
vs
Edward T. Berry – Deft
Debt & Attachment on Transcript from Justices Court
Now at this day comes the plaintiff by their Attorney and upon their
motion this Cause is Ordered to be dismissed at their Costs.
William B. Moore & Orville Greene – Plff
vs
Edward T. Berry – Deft
Debt & attachment Transcript from Justices Court
Now at this day Comes the parties by their attorneys and both
parties being ready for trial and neither party requiring a Jury
this Cause is Submitted to the Court – Whereupon the Court after
hearing the Evidence doth find that the Said Defendant is indebted
to the said Plaintiff in the sum of fifty three Dollars for their
Debt – Therefore it is Considered by the Court that the said
plaintiff receive of the said defendant the sum of fifty Three
Dollars for their debt So Assessed by the court as aforesaid
together with their Costs And Charges in this behalf laid out and
Expended and that they have thereof their writ of Execution.
William H. Clark – Plff
vs
Edward T. Berry – Deft
Now at this day Comes the parties by their attorney and both parties
being ready for trial and neither party requiring a Jury this Cause
is Submitted to the court whereupon the Court after hearing the
Evidence do find that the said Defendant is indebted to the Said
plaintiff in the sum of Sixty nine Dollars and nineteen Cents
Therefore it is Considered by the Court that the said plaintiff
recover of the Said Defendant the sum of sixty nine Dollars and
nineteen Cents so assessed by the Court as aforesaid, together with
his Costs and charges on this behalf laid out And Expended
Page 156:
October Term A.D. 1845
And that he have thereof his writ of Execution.
Joseph Waldo – Plff
vs
Daniel Brant – Deft
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. Whereupon the Court after
hearing the evidence doth find for the Plaintiff the sum of Eighty
six Dollars for his debt and fifteen Dollars and fifty one Cents for
his damages by way of Interest – Therefore it is Considered by the
Court that the said plaintiff recover of the Said defendant the sum
of Eighty six Dollars for his debt and fifteen Dollars and fifty One
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.
William C. Saunders – Plff
vs
William H. McCulloch – Deft
Appeal
Now at this day comes the parties by their attorneys and both
parties being ready for trial and neither party requiring a Jury
This Comes a Jury To Wit: William C. Douglass, Clifton J. Browning,
William B.C. Weir, Joshua R. Roysdon and Richard Stow 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 after hearing the evidence And argument of
Counsel returned here into Court the following Verdict we the Jury
do agree and find for the plaintiff ten Dollars Therefore it is
considered by the Court that the said plaintiff recover of the said
Defendant the sum of Ten Dollars so assessed by the Jury as
aforesaid together with his Costs and charges in this behalf laid
out And Expended and that he have thereof his writ of Execution.
Alexander Moore
vs
Luther Caton
Debt & attachment
Now at this day comes the plaintiff by his attorney and it appearing
from the return of the Sheriff upon the writ in this Cause issued
that the said Defendant Cannot be found where upon and upon motion
of the said plaintiff by his attorney It is ordered
Page 157:
October Term 1845
by the Court here that the plaintiff Cause notice to be served upon
the said Defendant by publication in some public newspaper 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 Second Monday after the fourth Monday
in March 1846. Notifying the said Defendant that an action of debt
has been Commenced against him by the said plaintiff for the sum of
$7.25 Dollars that a writ of attachment has been sued 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 same.
State of Missouri for the use of George Price – Plff
vs
John F. Thompson & Zachariah W. Walter – Defts
Debt
Now at this day Comes the Defendants by their Attorney And upon his
Motion leave is given him to file his pleas in Vacation 60 days
before the next term of this Court.
County of St. Clair for the use and business of the inhabitants of
Township No. 37 and Range No. 26 – Plaintiff
vs
James Wilson, Robert Anderson & Rodrick Snuffer – Defts
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 Whereupon the Court after
hearing the Evidence doth find for the plaintiff the sum of Eighty
Eight Dollars for her debt and Nineteen Dollars And Two Cents for
her damages – Therefore it is Considered by the Court here that the
said plaintiff recover of the said Defendants the Sum of Eighty
Eight Dollars for her debt and nineteen Dollars and two Cents for
her damages so assessed by the Court as aforesaid together with her
Costs and Charges in this behalf laid out and Expended and that she
have thereof her writ of Execution.
County of St. Clair – Plff
vs
Robert Anderson, John Berry and Joseph W. Cox – Defts
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 – whereupon
Page 158:
October Term 1845
the Court after hearing the evidence doth find for the plaintiff the
sum of Ninety Dollars for her debt and Sixteen Dollars and fifty
cents for her Damages it being for moneys borrowed from the fund
belong road and Canal fund in Said County – Therefore It is
Considered by the Court here that the said plaintiff recover of the
said Defendants the sum of Ninety Dollars for her debt and Sixteen
Dollars And fifty Cents for her damages so assessed by the Court as
aforesaid – Together with her costs and charges in this behalf laid
out and Expended and that She have hereof her writ of Execution.
Ordered that Court Adjourn untill Tomorrow morning 8 O Clock.
F.P. Wright
Tuesday Morning 8 of the Clock – Court met pursuant to adjournment.
Present as on Yesterday
Richard Thruston – Plff
vs
Alfred Wallace & Ornicimus Evans – Deft
Now at this day Comes the plaintiff by his attorney and upon his
motion this Cause is Ordered to be dismissed at the plaintiffs
costs.
James Philips – Plff
vs
Richard Crenshaw – Deft
Case on words
Now at this day comes the parties by their attorneys And the
Defendant by his attorney files herein his plea To The Jurisdiction
of the Court to which the Plaintiff by his attorney files herein
their replication which issue being submitted to the Court the Court
doth find for the defendant – And it is Ordered that the said
Defendant Answer over to the Said plaintiffs Action whereupon the
Defendant files herein his demurrer to the plaintiffs declaration.
Order that all pleas to be filed at this term of the Court be filed
by the hour of 4 of the Clock This Evening unless good Cause is
Shown.
Pleasant M. Cox & Zachariah Lilley
vs
Daniel Brant
Petition to foreclose mortgage
Page 159:
October Term 1845
Now at this day comes the parties by their attorneys and both
parties being ready for trial and neither party requiring a Jury
this Cause is submitted to the Court. Whereupon the Court after
hearing the evidence do find for the plaintiffs the sum of Two
hundred and Twenty Eight Dollars and Thirty three cents for their
debt and the sum of Sixteen Dollars and forty three 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 sum of
Two hundred and Twenty Eight Dollars and Thirty four Cents for their
debt and the sum of Sixteen Dollars and forty Three Cents for their
Damages so assessed by the Court as aforesaid – Together with their
Costs and Charges in this behalf laid out and Expended And that they
have thereof their writ of Execution – and it is further ordered
adjudged and decreed that the South East quarter of Section Twenty
five in Township 37 and range Twenty six west Containing One hundred
and sixty acres also the North East quarter of Section No. 36 in the
same Township also one negro woman Named Matilda also one negro man
named Wilson the mortgaged property in the said petition mentioned
be levied on and sold to satisfy the same. And it is further ordered
that the said Mortgaged property shall not be sufficient to satisfy
the same these the residue to be levied of other Goods and Chattles
Lands and Tenements of the said defendant to satisfy the debt
damages and costs aforesaid.
Columbus Hahan – Plff
vs
James Gardner, William Gardner & Albert Sheldon – Deft
Appeal decided last Court & writ to Supreme Court and yet
undetermined
Now at this day Comes the parties by their attorney here into Court
and by counsel of both parties, it is agreed that the said Defendant
shall pay the sum of seven Dollars the Judgment in this Cause
understood for the said plaintiffs debt and each party pay on half
of the Costs in this Cause laid out And expended, Therefore it is
considered by the Court that the said plaintiff recover of the said
plaintiff the sum of the said seven of seven Dollars agreed upon as
aforesaid and that each party pay one half of the costs in this
cause and that they respectively have Therefore This writ of
Execution.
Page 160:
October Term 1845
Daniel Phillips – Plff
vs
Richard Crenshaw – Deft
Case on Words
Now this day comes the defendant by leave of the court files herein
his Demurrer.
William W. Walters – Plff
vs
Uriah S. Sutherland – Deft
Trespass on the Case
Now at this day comes the parties by their attorneys and both
parties being ready for trial comes a jury to wit: William B. Moore,
Daniel K. Keith, Charles H. Yeater, Henry Pollard, Warren C. Keith,
Washington Whitton, Simeon Poston, Robert Anderson, Richard Baughan,
Gabriel Nash, Stephen Jonigan and Mathias M. Corley Twelve good and
lawful men well and truly elected tried and sworn to try the issue
in this cause joined. After hearing the evidence and argument of
Counsel returned here into Court the following orders We the jury
find the defendant not guilty, Therefore it is considered by the
Court that the said defendant recover of the said plaintiff his
costs and chares in this behalf laid out and expended, and that have
there for his writ of Execution.
William T. Smarr and Margaret M. Smarr – Plffs
vs
James Rickey and Tamar Rickey – Defts
Case on Words
Now at this day comes the defendants by their Attorney and files
herein their motion to rule the plaintiffs to security for costs in
this cause which motion being seen heard and fully understood by the
Court is by the Court overruled.
On motion of Thomas Ruffen Circuit Attorney for the State of
Missouri it is ordered by the Court here that Samuel P. Hedges
appear on the first day of the next Term of this Court and Show
Cause if any he can, why he should not be tried for a count of
refused to testify the best of his knowledge before the Grand jury
of St. Clair
Page 161:
October Term 1845
County in obedience to a writ of Suppoena against him issued at this
term of the Court.
The Grand jury returned here unto Court a True Bill against Samuel
McConnel for Dram Shop Keeping and against Henry Pollard, Samuel P.
Hedges, Elkennah Cain & Wade St. Clair and Robert Cocke for the
reason of card playing and having no further business before them
were by the Court discharged.
The State of Missouri – Plff
vs
Samuel McConnel – Deft
Indictment for D
On motion of the Circuit Attorney who prosecutes for the State of
Missouri it is ordered that a writ of Capias issue in this cause
directed to the Sheriff of St. Clair County returnable to the next
Term of this Court until which time this cause is ordered to be
continued.
The State of Missouri – Plff
vs
Henry Pollard, Saml P. Hedges, Elkennah Cain, Ward Whitney & Robert
Cocke – Defdts
Indictment for
On motion of the Circuit Attorney who prosecutes for the State of
Missouri it is ordered that a writ of Capias issued in this cause
directed to the Sheriff of St. Clair County returnable to the next
term of this Court, Until which time this cause is ordered to be
continued.
Now at this day comes John L. Trabern sheriff of St. Clair County
and offers to the Court here a deed by him executed as sheriff as
aforesaid to Isac M. Bruise for the north west quarter of section
Number four in township number Ninety Eight and Range number twenty
five, who is known to the Court to be the person whose name is
subscribed next to as having executed the same and acknowledged the
same to be his act and Deed for the purposes therein mentioned.
Page 162:
October Term 1845
William T. Britten – Plff
vs
John F. Thompson – 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 doth find for the plaintiff the sum of Three
Hundred and Sixty Dollars for his debt and forty Three Dollars and
twenty Cents for his damages by way of Interest. Therefore it is
considered by the Court that the said plaintiff recover against the
said defendant the sum of Three Hundred and Sixty dollars for his
Debt and forty Three Dollars and Twenty 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 excution.
Thos. Jones – Plff
vs
James Eudes & John H. Allison
Defts
Now at this day comes the parties by their attorneys and both
parties being ready for trial And neither party requiring a Jury
this Cause is Submitted to the Court Whereupon the Court After
hearing the Evidence doth find for the plaintiff the Sum of Seventy
Five Dollars and ninety three cents for his debt and the sum of
Twenty Three Dollars and forty Six cents for his damages Therefore
it is Considered by the Court that the said plaintiff recover of the
said Defendants the sum of Seventy five Dollars 93/100 for his debt
and the sum of Twenty three Dollars and forty six Cents for his
damages so assessed as Aforesaid Together with his Costs & Charges
in this behalf laid out and Expended and that he have thereof his
writ of Execution.
Wm. T. Smarr & Margarett M. Smarr – Plff
vs
James Rickey & Tamar Rickey – Defts
Case
Now at this day Comes the Defendants by their Attorney And files
herein his motion to rule For Said plaintiffs to Security for Costs.
Page 163:
October Term 1845
Ordered that Court adjourn untill tomorrow morning eight of the
Clock
F.P. Wright
Wednesday morning 8 Oclock – Court met pursuant to Adjournment
Present as on Yesterday
M.W. Moore
vs
Samuel Caplinger
Petition in debt
Now at this day Comes the plaintiff by his Attorney and the
Defendant though Solemnly Called Comes not but makes default
Whereupon the said action of the said Plaintiff against the said
Defendant remains undefended And Whereas it is Suggested 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 fifteen Dollars and Seventy Six cents also the further
sum of Nine Dollars and thirteen 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
One Hundred and fifteen Dollars and Seventy six cents for his debt
as well as the aforesaid sum of Nine Dollars and Thirteen 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.
On petition of Avery B. Howard for a writ of Ad quad Dominium to
assess the Damages Consequent in erecting a Dam on Bear Creek.
It is Ordered that a writ of Ad quad dominion do issue under the
seal of this Court directed to the sheriff of St. Clair County
Commanding him to summon twelve fit persons of his County to meet at
the place where it is proposed in said petition to Erect a Dam on
the 17 day of November next then and there to inquire by the said
Jury touching the matters Contained in said petition and it is
further Ordered that a copy of the petition Shall Accompany the said
writ – And this Cause is ordered to be Continued untill the next
term of this Court.
David Corbin – Plff
vs
Wm. H. McCullock – Deft
Debt
Now at this day Comes E.C. Davis attorney for the said plaintiff And
upon his motion this Cause is ordered to be dismissed.
Page 164:
October Term 1845
Edward H. Hubbard – plff
vs
Warren C. Heath
Replevin
Now at this day Comes the parties by their attorneys, And the
plaintiff by his attorney files herein his motion for a continuance
of this cause Whereupon the court after hearing said motion and for
good cause Shown do order that this Cause be Continued untill the
next term of this Court at the said plaintiffs Costs.
John F. Weidemeyer – plff
vs
William Moore – Deft
Petition to foreclose Mortgage
[Nothing else written for this case]
William T. Smarr & Margarett M. Smarr – Plffs
vs
James Rickey and Thamar Rickey – Defts
Case
Now at this day Comes the parties by their attorneys and the
Defendant by his attorney files herein his plea in Abatement to
which The Plaintiffs by their attorney files their demurrer, Which
demurrer being argued and fully heard And understood – The Court
doth Consider that the law is with the plaintiffs, whereupon And by
leave of the Court the said Defendants by their attorney files
herein their pleas of Not Guilty And the statute of limitation – to
which plea of not guilty the plaintiff gives issue and file their
replication to the said plea of limitation, whereupon the Defts by
their attorney files herein their demurrer to the plaintiff
replication which demurrer being argued And by the Court fully heard
and understood is by the Court Overuled – to which opinion of the
Court the defendants Except And tenders to the Court here their bill
of Exceptions which is Signed sealed and Enroled And Made a part of
the record – and this Cause is ordered to be Continued untill the
next term of this Court.
James Phillips – Plff
vs
Richard Crenshaw – Deft
Case
Now at this day again Comes the parties by their attorneys And the
demurrer filed on Yesterday being argued and by the Court fully
heard And understood is by the Court Overuled – Whereupon by Motion
of the said defendant by his Attorney he has leave to file his pleas
in Vacation 60 days before the Commencement of the next term of this
Court And upon motion of the plaintiff by his attorney he has leave
to file his amended declaration 90 days before the next term of this
Court each party serving the opposite party with coppies.
Page 165:
October Term AD 1845
Daniel Phillips – Plff
vs
Richard Crenshaw – Deft
Case
Now at this day again Comes the parties by their Attorney And the
demurrer filed on Yesterday being argued And by the Court fully
heard And understood is by the Court Overuled – Whereupon and upon
Motion of the said defendant by his Attorney he has leave to file
his pleas in Vacation 60 days before the Commencement of the next
term of this Court and serving the plaintiff with a Copy thereof And
on motion of the said plaintiff by his attorney he has leave to file
his amended declaration 90 days before the next term of this court
and by serving the defendant with a copy thereof – And this cause is
ordered to be continued until the next term of this Court.
James Gardner – Plff
vs
Allen D. Abston – Deft
On Executiion and Garnisher against Barnett Brown
[nothing else is written for this case]
Fredrick A. Williams – Plff
vs
Allen D. Abston & Wm. Harter – Defts
Now at this day Comes the plaintiff by his attorney and files herein
his petition for an order on John L. Trabern the present Sheriff of
St. Clair County to Make and Execute to the said plaintiff a deed to
the South half of lot No. 2 of the NW qtr of section No. 13 in
Township No. 35 in Range No. 24 Also the North East quarter of the
north west quarter of section No. 19 Township No. 38 and range No.
24 it being the lands sold by John Smarr former sheriff of St. Clair
County under and by Virtue of an Execution in the above Cause.
Whereupon the Court being fully advised of and Concerning the
premises and having satisfactory evidence of the truth of the
petitions do Order that John L. Trabern the Sheriff of St. Clair
County do execute to the said plaintiff a deed Conveying all the
right title interest and Estate of the said defendants to the lands
above described.
Page 166:
October Term 1845
Be it remembered that on this day personally appeared John L.
Trabern Sheriff of St. Clair County and presents to the Court here A
deed by him Executed as sheriff aforesaid to Joseph Burteaux and
Thomas N. Hendley for the South part of lot No. 12 in Block No. 4 on
the Corner of the Alley & Market street in the town of Osceola, who
is personally Known to the court to be the person whose name is
subscribed to said deed as having Executed the same And Acknowledged
the same to be his Act and deed for the purposes therein mentioned.
Be it remembered that on this day personally appeared John L.
Trabern Sheriff of St. Clair County and presents to the Court here a
deed by him Executed as Sheriff as aforesaid to James V. Garnett for
the South west quarter of the south East quarter of Section 26
Township 39 and Range 26 West Containing 378 95/100 Acres – who is
personally Known to the court to be the person Whose name is
subscribed to the said deed as having executed the same and
acknowledged the same to be his act and deed for the purposes
therein mentioned.
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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