Michael Paul v. Gabriel Paul

Item

Michael Paul V. Gabriel Paul. 1844, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60952

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Case Title: Michael Paul v. Gabriel Paul
Series: Freedom Suits
Plaintiff: Paul, Michel
Defendant: Paul, Gabriel; Paul, Adolph
Date Filed: 1844-03-25
Filing Date: 1844-03-25
Plaintiff’s Attorney: Duncan, J. McKim; Cobb, Henry L.
Defendant’s Attorney: Spalding, Josiah; Tiffany, Pardon Dexter; Taylor, George R.
Court Name: St. Louis Circuit Court
Court Term: 1845-04
Judge: Mullanphy, Bryan
Clerk: Ruland, John
Sheriff: Milburn, William; LaBeaume, Louis T.; Brown, J. C.; Osburn, A. C.
Cause of Action: Trespass
Case Notes: Estate of Gabriel Paul; plaintiff initiated suit for freedom in April Term 1844 against Gabriel Paul, but since that time Gabriel Paul died.
Case Number: 143
Identifier: ccr1845.27215.010
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Michael Paul v. Gabriel Paul**

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**Page 1** (27215_001.jpg)
> *Legal Function: Summons of Gabriel Paul*

of his application for freedom Bryan Mullunphy[?] Judge 8th Jud Cir. of Missouri
Given at my chambers St Louis , the >27th day of May AD 1843
a true copy of the orders

*attest Jn. Ruland clk*
> *Legal Function: Certificate of Execution*

Executed this writ in the County
of St Louis on the 27th day of March 1845
by offering to read it and the decleration
to Gabriel Paul , the defendant which he
refused to hear and by reading to the said
Gabriel Paul the orders of the Judge endorsed
upon this writ

*William Millbrun[?] Shff
By A. C. Osburn[?] Depy*
> *Legal Function: Caption*

No 143 St St. Louis Circuit Court
April Term 1845
Michel Paul
vs
alias summons
Adolph Paul [illegible] of
Gabriel Paul Deed
Trespass dams $ 600.00
Cobb p q

*Declaration filed 25th March 1844 John Ruland Clk*
plea filed 16 p 148
cond[?] 17 p 147 Death of def [illegible] made [illegible] 17p378 cond 17p519
cond 18p 315. cont 19p 54 cont[?] 19 page 229
Nov.17[?] contd 21.p 334. Nov T 1852. non suit (need not
trouble yourself about costs) 22p 285.
350
650
230
200
14:30
[illegible] $ 1.50
[illegible] [illegible] 50
$ 2.00

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**Page 2** (27215_002.jpg)
> *Legal Function: Summons*

County of St. Louis , SS.
The State Of Missouri , To the Sheriff of St. Louis County—Greeting:
We command you to, as we have before commanded you, to
summon Gabriel Paul , if he be found in your County, that
he be and appear
before the Judge of our Circuit Court , on the first day of the next term thereof, to be
held at the City of St. Louis , within and for the county of St. Louis , on the third Mon-
day of April next, then and there to answer unto Michel Paul ,
of a plea of trespass
to the damage of said plaintiff of six hundred
dollars: And have you then there this writ.

*Witness, John Ruland , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
city of St. Louis , this twenty seventh day of
March in the year of our Lord eighteen
hundred and forty five John Ruland Clerk.*
> *Legal Function: Order*

In the Circuit Court
County of St Louis
ss
By the Honorable Bryan Mullanphy ,[?] Judge of the Circuit
Court aforesaid. the petitioner has leave to establish his right to freedom-
he is permitted to sue as a poor person -J McKim[?] Duncan Esq is assigned to him
as Counsel - It is ordered by Court that he have reasonable liberty to attend
his counsel and the Court as occasion may require and that he shall not be
removed out of the jurisdiction of the Court, nor be subjected to any severity on account
I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal, at St. Louis , this day of 184 over
over

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**Page 3** (27215_003.jpg)
> *Legal Function: Consent Memorandum for Continuance*

Michel Paul
vs
Gabriel Paul
In the St St. Louis Circuit Court
It is hereby agreed by & between
the Attorneys & Counsellors for the plaintiff
& defendant in the above entitled suit, that
upon the suggestion of the death of the
defendant & the entry of the appearance
of Adolph Paul as defendant said suit be
continued, & stand continued, to abide by a final
judgment to be rendered in the suit of Pierre
vs Chouteau , or Louis vs Chouteau , whichever
of said suits vs Chouteau , may be taken to
the Supreme Court & terminated by a final
judgment

*St Louis 25th Nov. 1846 Henry , Cobb
Plts atty [illegible] & [illegible]
[illegible] [illegible]*

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**Page 4** (27215_004.jpg)
> *Legal Function: Caption*

In the Circuit Court
Michel Paul
vs
Gabriel Paul
Agreement of Counsel

*Filed Nov 25- 1846 Jn. Ruland Clk*

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**Page 5** (27215_005.jpg)
> *Legal Function: Petition for Order of Court*

To the honorable the St St. Louis Circuit Court
The undersigned petitioner, adminis
trator with the will annexed, of Gabriel Paul
deceased, late of the County of St Louis , respectfully
represents, that one Michael Paul, as he calls
himself, petitioned the Honorable Bryan Mullanphy[?]
as Judge of the Court aforesaid, for liberty or
permission to sue for his freedom in said
Court, and that he the said Micheal was by
this petitioners [illegible] held, in servitude-
that it will appear from the order of the said
Bryan Mullaugby, Judge as aforesaid, that said
Micheal had permission to sue as a poor
person for his freedom as aforesaid; that at
the April Term 1844 of said Court, the said
Michael so instituted his suit against the
said Gabriel Paul for his freedom &C as afore
said; that since the institution of said suit
the said Gabriel has departed this life, and
your petitioner appointed administrator of
his estate with the will annexed, and has as
such administrator entitled his appearance
in the said Case, which is now pending
in this court.
Now your petitioner represents that since
the institution of said suit said [illegible]
and [illegible] since the death of the said
Gabriel Paul , he has so comforted himself
as almost to be utterly northless, and in a [illegible]
degree unmanageble and within the last
few days, gave by his actions your petition
reasonalbe grounds for sufforing that he will
[illegible] from the lines of this state an be [illegible] out of the jurisdiction of that court aforesaid unless
presented [illegible] the [illegible] of this Honorable
Court

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**Page 6** (27215_006.jpg)
In view of the premises, and that your petition
may be injured and the estate be represents
damnified,[?] be by your Honor for an order
that the Sheriff of the County of St Louis take
the said petitioner and suitor Maybell[?] into
immediate custody and hold him to await
the further order of this court, or hire him
the said Maybell[?] out according to law
during the pendency of said suit [illegible] such
further order in the premises or my [illegible]
meet and proper to your Honorable Court.

*Adolph Paul admin
of Gabriel Paul , dec'd , G R Taylor his attorney*
> *Legal Function: Caption*

Cir Co:
Nov: T. 1846
Petition of admin of
Gabriel Paul for
order & C.

*Filed 11 Dec 1846 Jn Ruland Clk*
> *Legal Function: Affidavit*

Saint Louis County, to wit,
George R. Taylor
one of the heirs at Law of Gabriel Paul
deceased being [illegible] an his oath says
that the matters and things stated in the
foregoing petition, to the best of his knowledge
is true.

*G R Taylor Sworn to & Subscribed before me
this 11 Dec 1846 Jn Ruland clerk*

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**Page 7** (27215_007.jpg)
> *Legal Function: Defendant's Plea of Not Guilty*

St St. Louis Circuit Court
April T. 1845
vs. Patrick o Neil
Michael Paul
vs
Gabriel Paul
And the said de
fendant by his attorney comes & de
fends the force & injury when &. C.
and says that he is not guilty
of said supposed trespasses or any
part thereof in manner or form as
in said declaration alleged & of
this he puts himself upon the
County &.C.

*Spalding[?] & Tiffany
atty for deft*

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**Page 8** (27215_008.jpg)
> *Legal Function: Caption*

St St. Louis Circuit Court
Michael Paul
vs,
Gabriel Paul
Plea

*Spalding[?] & Tiffany
attys Filed 13 April 1845 John Ruland Clerk*

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**Page 9** (27215_009.jpg)
> *Legal Function: Notice to Take Depositions on Defendant's Behalf*

Michael Paul
vs
Gabriel Paul ; adnor[?]
In the St. Louis Circuit Court .
State of Missouri . To the above named plaintiff
You are hereby notified, that Depositions of Witnesses to be read in evidence in the above
cause, on the part of defendant- will be taken at the office
of the Clerk of the Circuit Court , at the
Court House
in the County of St. Louis and State of Missouri on the sixth
day of February 1849 between the hours of 8 o'clock in the forenoon, and 6 o'clock in
the afternoon: and that the taking of said depositions, if not completed on that day, will be
continued from day to day, at the same place and between the same hours, till completed.

*Gabriel [illegible] Paul , adnor[?]
by his attorneys*

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**Page 10** (27215_010.jpg)
> *Legal Function: Caption*

Micheal Paul
vs
Gabriel Paul adm
[illegible] 243 [illegible] [illegible]
South [illegible]
Served
Can [illegible] where [illegible]
is by [illegible] of
others at Will !
> *Legal Function: Certificate of Service*

Served this notice in the county of
St Louis this 2nd day of February 1849 by
delivering a true copy thereof Michael Paul

*L. T Labeaume[?] [illegible]
By J. C. Brown
Depty Fee 50 ct*

Item sets: All Circuit Court Records; Freedom Suits Case Files, 1814-1860; Circuit Court Cases

Michael Paul V. Gabriel Paul. 1844, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60952