St. Clair County Circuit Court
Microfilm Transcripts

October Term 1851

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October Term AD 1851

At a circuit court commenced and held at the court house in the Town of Osceola St. Clair county Missouri on Monday the 27th day of October AD 1851 There were present The Honorable
Waldo P. Johnson Judge
James W. Beck Clerk
George Preston Sheriff
Burr H. Emerson circuit attorney

The Sheriff of the county of St. Clair returned here into court the venire for a grand inquest for the State of Missouri for the body of St. Clair county from which was sworn the following named persons, To wit, Abraham Miller Foreman, Benjamin H. Moore, John W. Ritchey, John Smith, James Pace, John H. Dice, Daniel Cline, Thomas Walton, James Dudley, Andrew J. Nicholas, Henry Dudley, Stinson S. Stearns, Clifton G. Browning, John Burch and Isaac Culbertson Fifteen good and Lawful men who having received their charge retired to consider of their presentments.

Upon satisfactory Evidence produced to the court here that Ira Ledbetter and John Tally two of the Jurors Summoned by the Sheriff of St. Clair county to attend this court as members of the Grand inquest for the State of Missouri for the body of the county of St. Clair had reasonable excuses for nonattendance It is therefore ordered by the court that the said Ira Ledbetter & the said John Tally be exonerated from any fine in consequence of nonattendance as aforesaid.

The State of Missouri – Pltff
vs
Elijah Gates – Defd’t
Indictment for assault with intent to Kill with Malice aforethought
Now at this day comes the circuit attorney who prosecutes for the State of Missouri and says he will not further prosecute this indictment Therefore it is considered by the court that the said defendant

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from his recognizance be discharged And that he go hence thereof without day.

The Bank of the State of Missouri – Pltff
vs
Henry Boatman, Simeon Poston, Charles P. Bullock, William H. McCullock and D.S. Corbin – Defdts
Motion to Quash Execution
Now at this day comes the said defendants by their attornies and files herein their motion to Quash the execution in this cause Issued And the said motion and the matters therein stated having been seen heard and fully understood by the court said motion is by the court sustained an said Execution ordered to be quashed And a new writ of Execution in said cause issued.

L.S. Rogers – Pltff
vs
Robert H. Sproull – Defdt
Motion to amend Petition
Now at this day comes the said Plaintiff by his attorney and files herein his motion for Leave to amend his petition in this cause filed And Said Motion having been seen heard and fully understood by the court is by the court Sustained And it is ordered by the court that said Plaintiff have Leave to amend his Petition in this cause filed.

John Mullins – Pltff
vs
Elizabeth Mullins – Defd’t
Petition for Divorce
Now at this day comes the said Plaintiff by his attorney and the defendant not appearing as ordered by this court at the Last April Term to show cause why the decree Then entered should not be made final and the

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Said Plaintiff having produced to the court here satisfactory proof of his continued good character It is therefore considered by the court that the Decree in said cause entered at the Last term of this court dissolving the bonds of Matrimony heretofore contracted between the said Parties be rendered absolute And that the said defendant be permitted to marry.

Robert H. Sproull – Pltff
vs
George Preston
Civil action Motion to rule to Security for costs
Now at this day comes the Parties by their attornies and the Defendant by his attorney files herein his motion to rule the Plaintiff to security for costs in this cause, which motion being seen heard and fully understood is by the court Sustained and on motion of the Plaintiff by his attorney Leave is granted him to file a bond with good & sufficient Security for the costs which may be adjudged against him at Least ninety days before the next term of this court.

Trippet & Cook – Pltffs
vs
William L. Vaughan and others – Defdts
Now at this day comes the Parties by their attornies and the Judge of this court being interested in this cause The court doth award a change of the venue in said cause for the reason that the Judge of this court is entered as one of the defendants to this suit to the Sixth Judicial circuit in the State of Missouri And to the Circuit court of Bates County in said Sixth Judicial circuit.

Ordered that court adjourn until tomorrow Morning 8 Oclock. Waldo P. Johnson

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Tuesday Morning 8 oclock court met pursuant to adjournment. Present as on yesterday.

State of Missouri – Pltff
vs
Napoleon B. Hill – Defdt
Indictment for disturbing a congregation met for religious worship
The Sheriff of St. Clair county returns here into court the writ of capias Issued from the office of this clerk of this court Against Said defendant And it appearing to the court from the return of the Sheriff that said defendant had not been taken It is ordered by the court that an alias writ of capias be issued against said Defendant.

Robert H. Sproull – Pltff
vs
George Preston – Defdt
Motion for change of venue
Now at this day comes the Parties by their attornies And the Said Plaintiff by his attorney files herein court a petition for a change of venue in this cause verified by affidavit according to law Therefore it is considered by the court here that a change of venue be granted in this suit And that a full and complete Transcript of the record and proceedings in this Suit be made out and certified and transmitted to the circuit court of Bates County in the 6th Judicial circuit in the State of Missouri there to be tried.

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S.S. Rogers – Pltff
vs
Robert H. Sproull – Defdt
Now at this day comes the said Plaintiff by his attorney and files herein his amended Petition in this cause.

Stinson S. Stearns – Plaintiff
vs
William H. McCullock – Defdt
Motion for Leave to file amended Petition
Now at this day comes the said Parties by their attornies And the Plaintiff by his attorney asks Leave of the court to file his amended Petition in this cause And to him Leave is granted And the said Plaintiff by his attorney thereupon files here in court his amended Petition in said cause And the said defendant by his attorney asks Leave of the court to file his answer to the said Plaintiffs Petition in vacation And to him Leave is granted to file his answer to said petition with the clerk of this court in vacation Sixty days before the next Term of this court.

Ann Looney, Jesse Looney, John C. Looney, Allen Looney, Thomas Copenhaver and Nancy Copenhaver, Arthur Mathews and Mary Matthews & Sally Canada – Plaintiff
vs
William G. Looney, Elizabeth Paine, Edward W. Looney, Mary J. Looney, Sarah Looney, William Looney, George Wolaver and Anna Wolaver and John Crumb and Elizabeth Crumb – Defendants
Civil action for Partition of Land and assignment of Dower
Now at this day comes the parties by their attorney and the Commissioners E.C. Davis, William A. Douglass and Anthony N. Hester Appointed by order of this Court to admeasure

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And Setoff the widows Dower in the Lands of Isam Looney Deceased. And to make Partition among the Heirs of Said decedent Returns into Court here the following report Which is in the words and figures following To wit
State of Missouri
St. Clair County
These Affiants Edward C. Davis, William C. Douglass And Anthony N. Hester Commissioners to make partition of the Lands belonging to the Estate of Isam Looney Dec’d maketh Oath and Saith that they will honestly and impartially execute the trust reposed in them.
E.C. Davis
William C. Douglass
Anthony N. Hester
Subscribed and Sworn to before me this 27th day of October AD 1851.
James W. Beck clerk
To the Hon. St. Clair Circuit Court
We undersigned Commissioners appointed by this Court to Admeasure and Set off the widows Dower in the Lands of Isam Looney Dec’d, and to make partition of land among the heirs of Said decedent would respectfully report.
They find the following to be a true Schedule of Said Lands which they have appraised at the price annexed to each tract.

all amounting to the Sum of Five hundred and Seventy Dollars after making Said appraisement – we further proceeded and assigned to Ann Looney the following Lands as her Dower in Said Estate To Wit: The NW qr NW qr Section 24 T39 R24 and the SW qr of NW qr Section 24 T39 Range 24 in all 80 acres.
Being Eighty acres and valued at One hundred and ninety Dollars and finding the

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Remainder of the Lands belonging to said Estate Isam Looney not Susceptible of partition And Divison among the owners or persons entitled thereto without great prejudice to them we hereby report that fact to the Court and ask to be discharged.
We annex herewith the Copy of the order of Court under which we have acted.
In Testimony whereof we have hereunto Set our hands and Seals this 27th day of October 1851.
E.C. Davis (seal), Wm. C. Douglass (seal), Anthony N. Hester (seal)
Commissioners Fees
E.C. 1 day $1.50
Wm. C. Douglass 1 day 1.50
Anthony N. Hester 1 day 1.50
Total $4.50
State of Missouri, St. Clair County
Be it remembered that Edward C. Davis, William C. Douglass and Anthony N. Hester Commissioners Appointed by the Circuit Court of St. Clair County Mo. to assign Dower and make partition of the Lands belonging to the Estate of Isam Looney decd who are personally Known to the undersigned to be the persons whose names are Subscribed to the annexed and foregoing report This day appeared before me Clerk of the St. Clair Circuit Court and Acknowledged that they Signed Sealed and delivered Said report for the purposes therein Specified under the order of the Circuit Court of St. Clair County aforesaid.
In Testimony whereof I have hereunto Set my hand and affixed the Seal of the Circuit Court of St. Clair County Mo. as Clerk thereof this 27th day of October AD 1851.
James W. Beck Clerk (seal)
Whereupon there being no objection to said report or good cause shown to set aside said report Said report Said report is confirmed and It is ordered adjudged and Decreed by the court that

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that the assignment of Dower in the Lands in said report Shall be firm and effectual between the parties forever And it is further ordered adjudged and Decreed that the Sheriff of St. Clair County Missouri Shall proceed to Sell the remainder of Said Lands to the highest bidder at public auction in accordance with the Statute in such case made and provided at the court house door in the Town of Osceola St. Clair county Missouri on a credit of Twelve months And that he take from the purchaser or purchasers of Said Lands Bond or Bonds with good and Sufficient security for the purchase money, and it is further ordered that E.C. Davis be allowed on attorneys fee of Twenty dollars to be taxed as other costs in this cause And this cause is ordered to be continued.

The Grand Jury returned here into court and Reported to the court that they had found no indictments And having no further business before them were by the court discharged.

Ordered that court adjourn until tomorrow morning 8 oclock. Wm. P. Johnson

On Petition of Jesse Looney to Erect a mill Dam
Now at this day comes the Petitioner by his attorney and it appearing from the return of the Sheriff upon the writ of ad quod damnum in this Cause issued that he hath Executed said writ And returns here with the inquest and report of the Jury which report is in the words and figures following To wit
State of Missouri
County of St. Clair ss
We the undersigned Jurors Summoned by George Preston Sheriff of St. Clair County Missouri to meet at a place in the petition of Jesse Looney hereto attached to inquire into the matters in said petition mentioned do report That we did meet at Said place on the first day of July 1851 And that we did proceed to discharge the duties assigned us in the writ of Ad quads damnum to Said Sheriff directed first being duly Sworn, do find that first no proprietor of Lands

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Will Sustain damage by reason of the erection of a dam in the Altitude mentioned in Said petition by reason of inundation Second that no mansion house of any proprietor or the out houses Curtilages or gardens thereto immediately belonging or Orchards will be overflowed thereby Third that Ordinary navigation and fish of passage will not be Obstructed by Such erection and fifth that the health of the neighborhood will not be materially Annoyed in Consequence of Such erection given under Our hands this first day of July AD 1851.
Bennett Pitt, J.M. Amlin, G.L. Harper, Carlin Hayes, Hugh Graham, John Keeton, Elisha Bridges, John W. Ritchey, Harry G. Harper, David McClain, Abram Miller, Calvin Gardner, Jurors.
Witness George Preston Sheriff which report being by the Court examined is by the Court approved and it is ordered by the Court that the Said Jesse Looney be permitted to erect a dam of the altitude of Six feet as proposed in Said petition.

Ordered that Court adjourn until tomorrow morning 8 Oclock. Waldo P. Johnson

Wednesday morning 8 Oclock Court met pursuant to adjournment. Present as on yesterday.

L.S. Rogers – Pltff
vs
Robert H. Sproulle – Defdt
Petition to file Answer in Vacation
Now at this day Comes the parties by their Attornies and the defendant by his attorney asks leave of the Court to file his answer to the plaintiffs petition in action and to him leave is granted by the Court to file Said answer with the Clerk of this Court in Vacation Sixty days before the first day of the next term of this court.

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Hugh Barnett – Pltff
vs
Berryman K. Wilkerson – Defendant
Civil action
Now at this day Comes the plaintiff by his attorney And the defendant though Solemnly Called Comes not but makes default whereby the Action of the Said Plaintiff remains against the Said Defendant undefended and the plaintiff by his attorney asks leave of the Court to dismiss as to the Mortgage filed in this Cause and to withdraw the Same and to him leave is granted And the plaintiff by his Attorney being ready for trial and there being no answer to the said Pltffs action whereby the Said Action remains against the Said defendant undefended wherefore the Said plaintiff ought to recover against Said defendant his debt on Occasion of the premises and because it is proven and manifestly appears to the Court here that the pltff Ought to recover this action being founded on a note whereby it Appears that Said defendant Stands Justly indebted to the Said plaintiff in the Sum of seventy Seven Dollars for his debt and Five Dollars and fourteen Cents for his damages by way of Interest which Amount is found due by the Court It is therefore Considered by the Court that the Said plaintiff recover against Defendant The Sum of Eighty One Dollars and fourteen Cents So found by the Court as aforesaid together with his Costs and Charges in this behalf by him laid out and expended and that Execution Issue therefor.

It is ordered by the Court that the following writs and forms for the government and doctrine of the Clerks of the Circuit Courts in the Counties of the Seventh Judicial Circuit of the manner of Keeping and making of the Rolls and records of the Circuit Court, as required by the 30th & 31st Sections Chapter 45 revised Code pages 333 & 334 be spread upon the record of this Court and which Said rules are to govern and direct attorneys at Law whenever they are applicable.

Rule 1st
All petitions Declarations Demurrers Pleas Answer Motions Bonds Affidavits Bills of Exception and all others papers appertaining to the Roll of Any Cause Shall be entitled in the Cause in the Same manner

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as the original Pleading or petition as entitled or with the addition of the names of Such persons as have been added to or joined as new parties to with Such Omissions of the names of Such persons as have been dismissed from the Cause.

Rule 2nd
All petitions Declarations Demurrers Pleas Answers Motions Bonds affidavits Bills of Exceptions and all other papers which when filed become a part of the Roll in Any Cause Shall be written in good paper of Ordinary “Fools Cap” Size with a top and left hand margin as no less than One and a half inches and in Case the Same Contains more than One page to be written in Roll form So that all the papers composing the roll in any Cause may be attached together at the top by means of a ribbon office tape or eyelets.

Rule 3rd
Each Clerk is required to procure and Keep in his office a well bound Book not less than 4 no more than 6 quins of paper of ordinary Size to be labeled and marked “Register Docket” “Circuit Court” in which shall be entered in the order the Same have been filed all Causes and Suits including all presentments by the Grand jury in the manners and Style of the Annexed form marked “A” and the Said Causes So Registered shall be numbered progressively Commencing with the first Cause filed which register Docket will Contain in the back part thereof an alphabetical index of the contents by the name of the plaintiff and defendant.

Rule 4th
Each Clerk is required to procure and keep in his office a well bound book of the same Size and description as required by Rule 3rd labelled “Execution Docket” Wherein shall be entered and abstract of All exceptions issued as required by Sec. 9 Chp. 61 revised Code page 476 which Shall be Kept in the manner and Style of the Annexed form marked B.

Rule 5th
Each Clerk shall after the end of every term of the Circuit Court and before the Commencement of the next term index the proceedings of the previous term

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And if no index has been Commenced then within a reasonable time after the adoption of this rule he shall index the proceedings of all previous terms of his Court in Such manner as to show in alphabetical order the name of the plaintiffs and Defendants in every Suit and the pages where all the orders an entries relating to that particular Cause are recorded as follows
Example
(Richard Roe vs John Doe 10, 13, 17, 22, 24)
Roe Richard vs Doe John 10, 13, 17, 22, 24
Tompkins Benjamin vs Williams William G. 25, 35, 36, 37, 42, 51, 64, 69, 75, 81, 84, 89, 100, 105, 110
Rivers Edw’d H. vs Heath Richard B. et al 112, 115, 116, 117, 121, 122, 124, 128, 131, 132, 138, 140, 145, 160

Rule 6th
Each Clerk Shall after the end of every term and before the Commencement of the next term attach together with Suitable office tape or Ribbon all papers appertaining to any Cause so that during the trial term the papers may not be lost or mislaid and shall also after the trial and after the Cause has been determined attach all the papers belonging to the roll of any Cause together as required by Rule 2nd And Shall make the memorandums of refference thereon required by Sec. 25 Chap. 45 revised Code page 333 & put up in Convenient bundles numbering the Same by the proper numbers as entered on the Register docket and note and labelled the bundles with the words “Circuit Court Cases” “from No. 1 to No. [space] both inclusive” which bundles Shall Contain in all Cases the Causes of Consecutive numbers.

Rule 7th
Each Clerk Shall within the time limited by law make out for the use of the Court during the term a trial docket wherein shall be first entered all Cases of Indictments Recognizances to Answer Criminal prosecutions and recognizances to Keep the peace order the head of “State Cases” 2nd under the head of “Civil Cases for trial” Shall be entered

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all civil Causes in which answers have been filed on or wherein Judgment has been rendered by default and all Cases of Appeal from justices of the peace filed more than ten days before the Commencement of the term and all Appeals from the County Court.
And 3rd under the head of “Return Cases” Shall be entered all Suits Commenced the process of which shall have been Served a Sufficient Jury of term to put the defendants upon their defence at Such term which Docket shall be Known as the Trial Docket and Shall Contain in Suitable Columns the names of the Attorneys for each party names of plaintiffs and defendants the nature of the action the nature of the Process and Service and a Column for remarks.

Rule 8th
Each Clerk Shall as exofficio recorder of the County procure an “index Book” to Contain at least Six quins paper of regal Size to be well bound with end and Center bands which Shall be all apportioned to the letters of the alphabet and wherein Shall be entered in inverted order the names of the grantors and grantees as provided by Statue revised Code Chap. 143 page 918 Sec. 17, 18 & 19.

Rule 9th
Each Clerk Shall during the term at which any Execution is returnable enter in the Execution docket in the proper Column a Synopsis of The Sheriffs return made on the Same and shall on the last day of the term or sooner if directed by the Court bring the Same into Court for the inspection of the Judge Sec. 31 Revised Code Chap. 45 page 334.

Rule 10th
In those Clerks offices where there has not been Kept a “Register Docket” or where one has been imperfectly Kept the requirements of Rule 3rd will be Considered as extending back to the time of the organization of the County So that all the Causes which Can be found shall be entered & numbered as Specified in Said rule And So that the Said Causes may be put up in bundles as required by rule 6th.

Rule 11th
In all Cases when any paper Subpoena Bond or

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any other matter or thing Shall be returned into Court or filed the Same Shall be put up with the papers or Cause in which it was used or to which it relates And instructions Shall in like manner be presented among the papers of the Cause in which the Same have been filed and given.

Rule 12th
Each Clerk Shall on the morning of the second day of every regular term furnish the Court with a memorandum of all motions and demurrers which may have been filed during the day previous and shall in like manner on every Succeeding morning during any regular term furnish the Court with a list of all motions and demurrers filed the day previous and Shall in such motion docket or memorandum from day to day note the proceedings or disposition of the motions and demurrers filed.

Rule 13th
That in all Cases when a change of Venue of any Cause shall be Awarded to this Court it Shall be tried at the first term provided the records and papers in Said Cause Shall have been filed twenty days previous to the first day of Said term unless Continued for Cause and if Said record and papers Shall not be filed as aforesaid Said Cause Shall not be tried at that term but at the next Succeeding term unless Continued for Cause.

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October Term AD 1851

“A” Register Docket

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“B” Execution

William J. Terrill, Robert J. Terril And Martha A. Terril by their Curator William H. Terril & Daniel C. Longmyre, Sarah R. Longmyer And Nancy L. Longmyer by their Curator Joseph P. Longmyer And Henry Whitlow And Alvira Whitlow – Plaintiffs
vs
Elizabeth Y. Owsley, Edmund Sams, Thomas Foster and Orra Foster, John Roberts and Rebecca Robers, Anson B. Sams, Larkin Sams, Mitchel A. Sams, Marinda Felmut and others – Defendants
Petition for Partition of Real Estate
[Written on right hand side and crossed out:] Sheriff report Sale of Land belonging to the Heirs of Burdit Sams Deceased
Now at this day comes George Preston Sheriff of St. Clair County Missouri and presents to the Court here his report of the Sale of Lands belonging to the Estate of Burdit Sams Deceased Ordered by this Court at the term thereof AD 1851 to be Sold by said Sheriff for the purpose of distribution Among the Heirs of Said decedent Which is by the Court Ordered to be filed.

William Anderson, Margaret Anderson, Sarah Anderson, Rebecca Anderson, Jane Anderson, Amanda Anderson And Middleton Anderson by their guardian James Anderson

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Example from top part of page 307 continued:

Docket

[case on bottom of page 307 continued:]
And James Anderson for himself – Plaintiffs
vs
John R. Whitley and Elizabeth Whitley and Andrew Hicks and Mary Hicks – Defendants
Petition for Partition of Real Estate
[Crossed out in right hand margin:] Sheriffs report of Sale of Land belonging to the Heirs of Middleton Anderson Deceased
Now at this day comes George Preston Sheriff of St. Clair County Mo. And presents to the Court here his report of the Sale of Lands made by him on pursuance of An Order of this Court made at the April term AD 1851 in the above Cause Which is by the Court Ordered to be filed.

Calvin Waldo, William Waldo, Avarilla Waldo, David Waldo, Jacob Coonts And Lavina Coonts And William Waldo, Henry Waldo and Ludlenia Waldo infants by their guardian Mary Waldo – Plaintiffs
vs
Dan’l Waldo, Joseph Waldo, Jedediah Waldo And others – Defendants
Petition for Partition of Real Estate
[Crossed out on right hand side:] Sheriffs report of Sale of Land belonging to the Heirs of John B. Waldo Deceased
Now at this day Comes George Preston Sheriff of St. Clair County Missouri and presents to the Court here his report of the Sale of Lands made by him in pursuance of an order of this Court made at the April term AD 1851 in the above Cause which is by the Court ordered to be filed.

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It is ordered by the Court that all Causes and Motions not disposed of be continued until the next term of this Court.

Ordered that Court adjourn until Court in Course. Waldo P. Johnson

 

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