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St. Clair County Circuit Court
Microfilm Transcripts
October Term 1847
Page 203:
October Term A.D. 1847
At a circuit Court Commenced and held at the Courthouse in the Town
of Osceola in St. Clair County on Monday the 25th day of October
A.D. 1847 –
Present Foster P. Wright Circuit Judge
Chas. P. Bullock Clerk
Zachariah Lilley Sheriff
The Sheriff of St. Clair County returned into Court here the Venira
for a Grand Jury for the State of Missouri for the body of the
County of St. Clair from which was sworn and empanelled the
following named persons To Wit Moses Preston foreman, Thomas N.
Hendley, Bennett Pitt, Joseph Herndon, John G. Howard, Albert Ayres,
Matthew Boswell, Abraham Miller, Peter Francis, Joel Starkey,
Randolph Whitley, Joshua Rickman, Francis McClain, Washington
Whitton And Clifton G. Browning 15 good and lawful men who having
received their Charge retired to Consider of their presentments.
Robert G. Crockett – plff
vs
Lewis R. Ashworth – Deft
Appeal
Now at this day comes the parties by their attorneys and the
Plaintiff by his attorney files herein his motion for leave to amend
his Cause of Action, which motion being seen heard And fully
understood by the Court is by the Court Over ruled Therefore it is
considered by the Court that the said Deft recover of the sd plff
his Costs in said motion expended.
Edward H. Hubbard – Plff
vs
Warren C. Keith – Deft
Replevin
Now at this day comes the parties by their Attorneys and both
parties being ready for trial Comes a Jury Towit – Jesse Ridgway,
Jno. Talley, Robert F. Gardner, John H. Dice, Thomas Piper, William
Whitley, Andrew Cubertson, Marsellus Harris, James Pace, King C.
Allen, Lewis Browning and Isaac Culbertson 12 good and lawful men
well and truly elected tried and sworn well and truly to try the
Issue in this Cause Joined after hearing the evidence and argument
of Counsel returned into Court the following Verdict “We the Jury
find for the plaintiff and assess the damages at Thirteen Dollars
for the said Plff” Therefore it is Considered by the Court that the
said Plaintiff recover of the said Defendant the aforesaid amount
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October Term 1847
of Thirteen Dollars so assessed by the Jury as aforesaid together
with his costs and Charges in this behalf laid out and Expended and
the said plaintiff by his attorney resents the Judgments as to the
Damages aforesaid.
John E. Morgan – plff
vs
Chansey S. Odell – Deft
Appeal
Now at this day comes the parties by their Attorneys and the
defendant files herein his motion to rule the plaintiff to security
for Costs which being seen heard and fully understood by the court
it is ordered by the Court that the said plaintiff enter into bond
with good and sufficient Security for the Costs of this suit,
Whereupon Edward C. Davis offers himself as security as aforesaid
who is by the Court accepted as sufficient And both parties being
ready for trial And neither party requiring a Jury this Cause is
submitted to the Court upon its merits, Whereupon the Court after
hearing the Evidence do find for the plaintiff and assess the
damages at Seven Dollars and fifty cents Therefore it is Considered
by the Court that the plaintiff recover against the said Defendant
the aforesaid sum of Seven Dollars and fifty 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.
County of St. Clair for the use and benefit of the inhabitants of
Township No. 36 in Range 27
vs
William McDaniel
Petition to foreclose Mortgage
Now at this day Comes the plaintiff by her Attorney and the
Defendant though Solemnly Called Comes not but makes Default – and
whereas it is suggested and manifestly appears to the Court here
that the said plaintiff ought to have and recover against the said
defendant the sum of One Hundred And five Dollars for her debt as
well as the further sum of [space] Dollars for her Damages Therefore
it is Considered by the court that the Said plaintiff recover
against the said defendant the aforesaid sum of $105 Dollars for her
debt as well as the said sum of [space] 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
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October Term 1847
thereof her writ of Execution – and it is further ordered and
adjudged by the Court that the said execution be levied of and made
of the North East Quarter of Section Twenty five in Township No.
Thirty Seven in Range No. Twenty Six – and if the said described
land shall not be sufficient to Satisfy the debt damages and Costs
aforesaid then the remainder to be levied of other good and chattels
lands and tenements of the said Defendant.
State of Missouri by Wm. Kelso prosecuter – plff
Vs
Henry Pollard – Deft
Now at this day Comes the plaintiff by her Attorney and the
Defendant though Solemnly Called Comes not but makes Default – and
whereas it is suggested And manifestly appears to the Court here
that the said plaintiff ought to have and recover against the said
defendant the sum of One Hundred And five Dollars for her debt as
well as the further sum of [space] Dollars for her Damages Therefore
it is Considered by the court that the Said plaintiff recover
against the said defendant the aforesaid sum of $105 Dollars for her
debt as well as the said sum of [space] 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
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October Term 1847
thereof her writ of Execution – and it is further ordered and
adjudged by the Court that the said execution be levied of and made
of the North East Quarter of Section Twenty five in Township No.
Thirty Seven in Range No. Twenty Six – and if the said described
land shall not be sufficient to Satisfy the debt damages and Costs
aforesaid then the remainder to be levied of other goods and
chattles lands and tenements of the said Defendant.
State of Missouri by Wm. Kelso prosecuter – plff
vs
Henry Pollard – Deft
Recognizance to Keep the Peace
Now at this day comes the Circuit attorney who prosecutes for the
State of Missouri and William Kelso the prosescuter in this Cause
being Called Comes not but makes default – Whereupon the said
Circuit attorney says he will not further prosecute this Cause
Whereupon it is considered by the Court that the said Henry Pollard
from his recognizance aforesaid be discharged and that he go hence
without day – and it is further Considered by the court that the
said plff recover of the said Pollard his Costs in the Court below
and against the said William Kelso his costs in this court and that
she have thereof her writs of Execution.
Elisha Cook admr of the Estate of Glades Newell Deceased – plff
vs
Wm. McDonald & John Tally – Defts
Appeal
Now at this day Comes the parties by their Attorneys and the
plaintiff by his attorney files herein his motion to dismiss this
appeal for want of motion which motion being seen heard and fully
understood by the Court is by the Court Overruled – And upon the
further motion of the said plaintiff and for good Cause shown this
Cause is ordered to be Continued untill the next term of this Court
each party paying his own Costs.
County of St. Clair for the use of The Road and Canal fund – plff
vs
Charles P. Bullock, Simeon Poston and William McCanick – Deft
Petition in Debt
Now at this day Comes the plaintiff by her attorney and upon his
motion this Cause is ordered to be dismissed
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October Term AD 1847
to the said Defendant William McDaniel and the defendants Charles P.
Bullock and Simeon Poston being Solemnly Called Comes not but makes
default – and whereas it is Suggested and Manifestly appears to the
court here that the Said Plaintiff ought to recover against the said
defendants the sum of One hundred and ten Dollars for her debt as
well as the further sum of Thirty nine Dollars And ninety five Cents
for her damages – It is therefore Considered by the Court that the
said Plaintiff recover against the said Defendants the aforesaid sum
of $110 for her debt as well as the further sum of $39.95 cents for
her damages so assessed as aforesaid together with her Costs and
Charges in this behalf laid out and Expended And that she have
thereof her writ of Execution.
Ordered that Court Adjourn untill tomorrow morning 8 oclock. F.P.
Wright
Tuesday morning 8 Oclock
Court met pursuant to adjournment
Present as on yesterday
Robert G. Crockett – plff
vs
Louis R. Ashworth – 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 doth find for the plaintiff and assess the sum
of five Dollars for his debt, Therefore it is Considered by the
Court that the said plaintiff recover of the said defendant the sum
of five Dollars for his debt so assessed as aforesaid together with
is Costs in this behalf expended and that he have thereof his writ
of Execution Whereupon the Deft by his attorney files herein his
motion for a new trial, which motion being seen heard and fully
understood by the Court is by the Court Overruled – Whereupon the
Deft by his attorney tenders to the Court here his bill of
Exceptions and pray that the same may be signed sealed and enrolled
and made a part of the record and also prays an appeal to the
Supreme Court of the State of Missouri who also files herein his
affidavit and bond as the law directs which bond and affidavit is by
the court
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October Term AD 1847
approved and the appeal accordingly granted, and the said bill of
Exceptions signed sealed and recorded and ordered to be made a part
of the record.
E.B. Cadell – plff
vs
County Court of St. Clair – Deft
Petition for Mandamus
Now at this day Comes the plaintiff by his attorney and files herein
Court his petition for a writ of mandamus against the County Court
within and for the County of St. Clair Supported by Affidavit
whereupon It is ordered by the Court here that a writ of mandamus do
issue directed to the County Court within And for the County of St.
Clair Commanding the Said County Court to be and appear at the next
term of this Court And on the first day thereof which Commences on
the fourth Monday in April next and show Cause if Any they Can Why
they do not order warrant for the interest on the Warrant in said
petition mentioned or why a peremptory mandamus should not be
awarded the said plaintiff to Command them to interest on the
warrant in said plaintiffs petition mentioned And this Cause is
ordered to be Continued untill the next term of this Court.
Be it remembered that on this day personally appeared Zachariah
Lilley Sheriff of St. Clair County and tenders to the Court here a
deed by him Executed to William Shields for the undivided half part
or parcel of land stricken off the north west side of the north east
quarter quarter of Section No. 13 Township No. 38 and Range No. 25
west Containing 20 acres Also the South half of lot No. 2 of the
north west fractional quarter, section 13 Township 38 Range 24, west
Containing forty acres And the north East Quarter of the North west
quarter of section No. 19, Township No. 38 in Range No. 24 West
Containing 50 22/100 Acres And the Said Zachariah Lilley Sheriff as
aforesaid being personally Known to the Court to be the person whose
name is subscribed thereto as having executed the Said deed,
acknowledged the same to be his act And deed for the purposes
therein mentioned.
Be It remembered that on this day personally appeared Zachariah
Lilley Sheriff of St. Clair County and tenders to the Court here a
deed by him executed to Theodrick Snuffer And Robert Anderson for
the south east fractional quarter of Section No. 5 Township No. 37
of Range No. 27 north of the Osage River And the Said Zachariah
Lilley Sheriff as aforesaid being personally Known to the Court to
be the person whose name is subscribed to the said deed as having
Executed the same Acknowledged the same to be his Act And deed for
the purposes therein mentioned.
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October Term A.D. 1847
Be it remembered that on this day personally appeared Zachariah
Lilley Sheriff of St. Clair County and tenders to the Court here a
deed by him Executed to Wm. J. Mays And Edward C. Davis for the
North East quarter of the north east quarter of Section No. 36 in
Township No. 38 of Range No. 26 in St. Clair County Containing forty
Acres, And the Said Zachariah Lilley Sheriff as aforesaid being
personally Known to the Court to be the person whose name is
subscribed to the said deed as having executed the same,
Acknowledged the same to be his act And deed for the purposes
therein mentioned.
J.M. Cox & Brothers & Cox and Brothers – Plffs
vs
Jno. L. Traberne – Deft
Scire facias to receive a Lien
Now at this day comes the parties by their attorneys And on motion
of the plaintiffs by their attorney this Cause is ordered to be
dismissed At the said plaintiffs Costs.
John Sappington – plff
vs
Tavenor Beale and Jesse Applegate – Defts
Petition in debt & attachment
Now at this day comes the parties by their attorneys and the
defendants by their attorney and by leave of the Court files herein
their plea of Nil debit to the plaintiffs declaration and this Cause
is Ordered to be Continued untill the next term of this Court.
William H. Clark – plff
vs
Wm. Dann, Edwin Alexander & Felix Hunton – Defts
Trespass
Now at this day comes the parties by their Attorneys and it
appearing to the Court this Cause was rejected today on Yesterday
upon motion of the plff by his attorney this Cause is ordered to be
continued untill the next term of this Court each party paying his
own Cost of Continuance.
The Grand Jury returned into Court here a true bill Against Jno. H.
Allison for an assault upon the body of Wm. Kelso to do great bodily
Harm And a true bill Against Riley Bateman & Nicholas Houston for
gaming, and having no further business before
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October Term AD 1847
them were by the Court discharged.
State of Missouri – plff
vs
Jno. H. Allison – Deft
Indct for an Assault with intent to beat bruise & maime
On motion of the Circuit attorney who prosecutes for the state of
Miss. It is ordered by the Court that a writ of Capias issue 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 – Plff
vs
Riley Bateman & Nicholas Houston – Deft
Indct for Gaming
On motion of the Circuit Attorney who prosecutes for the State of
Missouri it is ordered that a writ of Capias issue directed to the
Sheriff of St. Clair County Against the Defendant Nicholas Houston
returnable to the next term of this Court and that the said
Indictment be dismissed as to the said defendant Bateman.
W.H. Clark
vs
Wm. Dann, Edwin Alexander & Felix Hunton
Trespass
Now at this day Comes the plaintiff by his attorney and files herein
his motion And Affidavit for a writ of attachment against Alfred S.
Howser, Robert C. Henry and Charles B. Switzler witnesses in the
above Cause on the part of the plaintiff, whereupon the Court do
Order that a writ of attachment issue for the witnesses aforesaid
directed to the Sheriff of Benton County returnable to the first day
of the next term of this Court.
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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