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St. Clair County Circuit Court
Microfilm Transcripts
October Term 1848
Page 216:
October the 23rd AD 1848
At a County Court Commenced And held at the Court house in the Town
of Osceola in St. Clair County held on Monday the 23rd day of
October AD 1848 –
Present Foster P. Wright Circuit Judge
Chas. P. Bullock Clerk
Zachariah Lilley Sheriff
The Sheriff of St. Clair County returned here into Court the Venera
for a Grand Inquest for the State of Missouri for the body of St.
Clair County from which was Sworn and impannelled the following
named Persons To Wit – Uriah L. Sutherland foreman, Washington
Whitton, Joshua ___es, Francis Yost, Moses Preston, James Cole, Wm.
Allen, John T. Harrison, Benjamin H. Moore, John Thompson, Ephraim
Ripetoe, Jesse Ridgway, John G. Howard, John H. Simms and Clifton G.
Browning 15 good and Lawful men who having rec’d their charge
retired to Consider of their presentments.
William Moore & Ernest Laney
vs
Abner Tyree
Execution and garnishment vis George P. Beale
Now at this day Comes the plaintiffs by their attorney and on his
motion the garnishment in this Cause is ordered to be dismissed at
said plaintiffs Costs.
James W. Breckenridge – plff
vs
John Burch – Deft
Appeal
Now at this day Comes the parties by their Attorneys and by leave of
the Court John G. Howard files herein his written application And on
Motion of the said plaintiff by his attorney this Cause is ordered
to be dismissed at sd plffs Costs, and on further motion Sd Plff has
leave to withdraw the Original papers on This Cause filed.
James M. Bush – Plff
vs
Wiley B. Myers – Deft
Petition in debt
Now at this day Comes the Deft by his Attorney and by leave of the
Court files herein his plea of General issue to the Said plff
motion.
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October 23rd 1848
Elisha Cook administrator of The Estate of Glades Newell Decd – plff
vs
William Paxton – Deft
Appeal
Now at this day Comes the parties by their attorneys and the said
Defendant says he Cannot deny but admits that he owes and stands
indebted to the said plaintiff in the sum of fifteen Dollars and
Twenty three Cents which amount the said plaintiff by his attorney
agrees to accept for his debt Therefore it is Considered by the
Court that the said plaintiff recover of the said Defendant the sum
of $15.23 cents So assessed as aforesaid And by agreement of the
parties it is further Considered that each party pay one half of the
Costs in this Therefore it is Considered that each party recover of
the other One half of the Costs in this Cause laid out and Expended
and that they respectfully have executions thereof.
Now at this day Comes Ebenezor Gash Coroner of said St. Clair County
and tenders to the Court here a deed by him executed to Zachariah
Lilley for Lot No. 6 in Block No. 33 in the Town of Osceola and the
said Ebenezor Gash Coroner as aforesaid 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.
Now at this day Comes Zachariah Lilley Sheriff of St. Clair County
and tenders to the Court here a deed by him Executed to George
Preston for the West fr NE qr. Section No. 11 Township 36 and Range
26 containing 81 acres and the said Zachariah Lilley shff as
aforesaid being 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.
Now at this day comes Zachariah Lilley sheriff of St. Clair County
and tenders to the Court here a deed by him Executed to William
Brown for the following described tracts of Land To wit Lot No. One
North West fractional quarter Section No. 5 Township 39 Range No. 24
containing 78 11/100 acres Also Lots No. 1 & 2 North East fractional
quarter Section 5 Township 39 Range 24 Containing 102 15/100 acres
and the North East quarter of the S.W. qr Section 5 Township 39
Range 24 Containing forty acres and the said Zachariah Lilley
Sheriff as aforesaid is personally Known to the Court to be the
person whose name is subscribed to said deed
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October Term 1848
as having Executed the same And acknowledged the same to be his act
and deed for the purposes therein mentioned.
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.
Ordered by the Court that Edward C. Davis be appointed Circuit
Attorney pro tem for the remainder of this term, Thomas Raffin
Circuit Attorney being absent and not in attendance in the Court.
William H. Clark – plff
vs
Felix Hunton and Edwin Alexander – Defts
On Motion to quash Sheriffs Return on Execution, and relax Costs
Now at this day comes one of the defendants Felix Hunton and by
leave of the Court files herein his motion to quash the return of
the Sheriff in the above Execution – which motion being seen heard
and fully understood by the Court is by the Court Sustained. And the
Said defendant also files his Motion to relax the Costs in this
Cause and to quash the Execution in this cause Whereupon the said
motion being Seen heard and fully understood by the Court It is
Ordered that So Much of the motion to relax Costs be Sustained and
that the Clerk of this Court do relax the Costs so as not to embrace
the Costs of Continuance at sd Clarks costs And that the residence
of said motion asking that the said writ of Execution be quashed be
Overruled And that an alias writ of Execution be awarded directed to
the sheriff of Benton County – Whereupon the Said Defendant Felix
Hunton tenders to the Court here his bill of Exceptions praying that
the Same may be signed sealed And enrolled And Made a part of the
record which is accordingly done, and ordered to be filed.
The Grand Jury returned here into Court a true bill against William
E. Norton for disturbing a religious Congregation, against Daniel B.
McDonald a true bill for disturbing a religious Congregation, A true
bill against William McDaniel for an assault with an intent to Kill,
And against Elkennah Cain for Keeping a dram Shop open on Sunday –
and having no further
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October Term 1848
business before them were by the Court discharged and it is ordered
by the Court that Capias’s Issue against the said defendants
directed to the sheriff of St. Clair returnable to the next term of
this Court untill which time said Causes are Continued.
David S. Hamilton – plff
Vs
Sidney C. Deane – Deft
On Motion of John C. Looney admr of Said David Hamilton for
Execution in this Cause.
Now at this Day Comes John C. Looney by his attorney and files
herein his motion for an order of Execution in the above cause for
the benefit of Said Looney as admr. of said David S. Hamilton decd
Whereupon it being Shown to the Court here that the said John C.
Looney is the admr of the estate of the said David S. Hamilton decd
it is ordered that an Execution issue in said Cause for the benefit
of Said Admr.
Zachariah Lilley Sheriff of St. Clair County tenders to the Court
here his Official Bond for approval which bond being Seen And
pressing the Court fully ordered as to the Solvency of the
Securities in said bond the same is by the Court approved as
sufficient for the purposes therein Expended.
Ordered that Court adjourn untill Court in Course.
F.P. Wright
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