Circuit Court Record Book 16: 1845
Item
St. Louis Circuit Court. Circuit Court Record Book 16: 1845. 1844, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/65805
- Title
- Circuit Court Record Book 16: 1845
- Creator
- St. Louis Circuit Court
- Date
- 1845
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- Identifier
- rcd1845.0016.486
- PDF Download
- Download PDF of all images
- Transcription
-
# Record 16 1845
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**Thomas Withinton and others**
In Partition Now at this day come the petitioners by their At- torney, and upon their motion it is ordered that the Sheriff of St Louis County pay over to the said petitioners the funds in his hands arising from the sale herein, according to their respective rights and interests as heretofore ascertained and stated by the Court.
**The State of Missouri at the relation and to the use of Peter A Walsh Public Admr of Michael Reilly deceased vs John Finney, Edward Dolyus and John Shade**
Debt and Bond Now at this day come the defendants by their Attorney, and file their affidavit and on their motion it is ordered that an appeal be granted them from the judgment herein rendered to the Supreme Court
Court adjourned until tomorrow morning at ten o'clock John M Krum
**Friday January 24th 1845.**
Court met pursuant to adjournment present The Honorable John M Krum Judge; William Milburn Esquire Sheriff, and John Ruland Clerk
**James a person of color vs Hiram Cordell**
> Related to Case ID ccr1844.06862.012
Trespass. The defendant by his Attorney this day files a motion to set aside the judgment by default rendered herein and an affidavit in support of said motion
**Lorenzo Noyes vs John Moore**
Trover. Now at this day come the parties by their Attorneys, and thereupon the motion of the plaintiff to set aside the judgment herein, and for a new trial is submitted to the Court which being seen heard and fully understood, it is ordered by the Court that said motion be sustained, and that a new trial be awarded the plaintiff herein.
**William Burchstead vs Oliver M Finton**
Now at this day comes the plaintiff by his Attorney and on his motion it is ordered that the defen- dant in this cause produce in Court, on Monday next at ten o'clock A.M. the papers in said affi- davit mentioned or show cause to the contrary thereof
**Michael Flynn vs William Kidd, George Greb and others.**
Now at this day come the parties by their respective Attornies, and thereupon the motion of the defendant George Greb to strike out the amendment to the petition
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out day, and record of said plaintiff their costs and charges in this behalf expended and have thereof execution.
**Rebecca a negro woman vs James Black, Thomas M Horine and others**
> Related to Case ID ccr1843.06855.056
Bill of Exceptions filed
**John Steed vs The Steam Boat Maid of Iowa**
Demand under the Statute Now at this day comes the plaintiff by his Attorney and the defendant by her Attorney also comes and says that she cannot deny the actions of him the said plaintiff nor but that she is indebted unto the said plaintiff in the sum of One hundred and forty seven Dollars and seventy cents for which sum she confesses judgment It is therefore considered by the Court that the said plaintiff recover of the said defen- dant this debt aforesaid in form aforesaid confessed together with his costs and charges in this behalf expended and have thereof execution against the said Steam Boat Maid of Iowa her tackle apparel and furniture and also against Charles Ross principal and Loren Spencer security in the bon filed herein.
**Lavinia Laveille vs Marshall Brotherton adms of J.C. Laveille Eugene Laveille and others.**
Petition for Dower Charles Mullikin, J.R. Stanford and George Morton Commissioners herein this day file a report of their proceedings, and acknowledge the same to be their true report in the premises, which being seen heard and fully un- derstood it is ordered that the same be confirmed as firm and effectual forever, and the Commissioners he & they are hereby allowed the sum of Twenty Dollars each for their services as such
**Peter Weyman vs Philip McDonald**
Petition for Mandamus. Now at this day comes the petitioner by his Attorney, and [ ?] thereupon no cause being shown to the contrary it is ordered that a mandamus issue to the said Philip Mc Donald commanding him to set aside and vacate a certain judgment rendered by him in favor of Conrad and Frederick Ething against the said Peter Weyman.
**Thomas Reynolds vs B. Pratt, John H McMillan and other.**
On motion of the Plaintiff by his Attorney it is ordered that the defendants file their pleas herein on or before the fourth day of February next.
**Robert Reynolds who sues by his next friend Thomas Reynolds vs William Houston and others**
On motion of the Plaintiff by his Attorney it is ordered that the defendants file their pleas herein on or before the fourth day of February next.
Court adjourned until tomorrow morning at twelve o'clock M. John M Krum
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**The Cincinnati Type Foundry vs Samuel B Churchill**
The plaintiff by her Attorney this day files a mo- tion for the rehearing of the motion to set aside the nonsuit granted in this case.
**Edward C Richards et al vs John Berlin**
The plaintiffs by their Attorney this day file an affidavit of partnership herein
**Samuel a man of color vs John Howdeshell**
> Related to Case ID ccr1837.06795.074
The plaintiff by his Attorney this day files exceptions to the depositions of the defendant taken herein
**Conrad and Frederick Etling who sue to the use of Thomas S Nelson vs Peter Weyman**
The defendant Peter Weyman by his Attorney this day files a Motion to quash the writ of Fieri Facias issued in this cause
**Das One cent. James Conran vs Robert McO Blenis.**
Replevin. Now at this day come the parties aforesaid by their re- spective Attornies, and thereupon neither party requiring a Jury all and singular the premises are by them submitted to the Court, which being seen heard and fully understood, the Court doth find as to the issue within joined between the parties aforesaid that the said defendant is guilty of the prem- ises charged against him in the plaintiffs declaration in manner and form as in said declaration is alleged and doth assess the damages of said plaintiff by him sustained by reason of the premises in his declaration mentioned at the sum of one cent. It is there- fore considered by the Court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the Court found and assessed, and have thereof execution, and it is further considered by the Court that said defendant recover of said plaintiff his costs and charges in this behalf expended and have thereof execution
**Sarah Copper widow and Isaac J Cooper and others heirs of Jacob Cooper deceased**
On motion of the Petitioners by their Attorney leave is given them to withdraw from the files of this Court the plats and surveys made and filed herein on leaving receipts for the same with the Clerk of this Court
Court adjourned until tomorrow morning at ten oclock
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**Wednesday February 12th 1845**
Court met pursuant to adjournment, present The Honorable John M Krum Judge, William Milburn Esquire Sheriff, and John Ruland Clerk.
**Samuel (a man of color) vs John Howdeshell**
> Related to Case ID ccr1837.06795.074
Trespass Now at this day come the parties aforesaid by their respec- tive Attornies, and thereupon comes also a Jury to wit William H Stocker, Frencis Sweeny, C.H. Weissenfells J.W. Clark, William Moore, J. Clark, John H Ferguson, Alpheus Smith, Thomas G Settle, Thomas Hart, George R.H. Clark and HH Strohbeck, twelve good and lawful men who being duly elected tried and sworn the issue within joined between the parties aforesaid well and truly to try, upon their oaths aforesaid do find that the defendant is not guilty of the several trespasses in said plaintiffs declaration mentioned or any or either of them in manner and form, as the same are above thereof complained against him. It is therefore considered by the Court that the said plaintiff take nothing by his said suit, but that the defendant go thereof without day.
The plaintiff by his Attorney this day files a motion for a new trial herein and reasons therefor.
**John Moore vs Michael Laughnan**
Cause Continued on affidavit at costs of defendant on account of absence of Attorney for Defendant
**Debt $200.00 Das $42.00 Int at 10 pr ct Martin Lepere vs R.D. Watson**
Petition on Note Now at this day come the parties aforesaid by their respective Attorneys, and thereupon neither party requiring a Jury all and singular the premises are by them submitted to the Court, which being seen heard and fully understood the Court doth find as to the is- sue within joined between said parties that the said defendant does owe the said sum of money and interest thereon in manner and form as in said petition alleged and it appearing to the Court from the instrument in writing on which this action is founded that the said defendant is indebted unto the said plaintiff in the sum of Five hundred Dollars, and that said plaintiff hath sustained damages by reason of the detention of said debt to the amount of Forty two Dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant his debt and damages aforesaid in form aforesaid by the Court found and assessed together with his costs and charges in this behalf expended and have thereof execution. this judgment to bear interest at the rate of ten per centum per annum.
**John B Moffett vs Henry Von Phul and Theodore McGill**
On motion of the plaintiff by his Attorney it is ordered that a Dedimus issue to the State of Illinois to take the depositions of witnesses to be made on behalf of said plaintiff
**Gabriel Helms vs George Speers and wife**
The said plaintiff by his Attorney this day files ex- ceptions to the report of the Commissioners filed herein and a motion to set the same aside.
**Debt $386.63 James Bissell vs William Cromwell and Jarada A Cromwell**
Petition to foreclose Mortgage. Now at this day come the parties by their Attorneys and thereupon neither party requiring a Jury all and singular the premises are by them submitted
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being seen heard and fully understood and it appearing to the Court from the answer of said garnishee herein filed that at the time he was summoned as such he was indebted unto the said defendant in the sum of One hundread and seventy two Dollars and forty eight cents It is therefore considered by the Court that the said plaintiff recover of the said garnish- ee the sum so as aforesaid found to be due and owing from him to said plaintiff out of which the costs and charges in this behalf expended are to be deducted, and that execution issue therefor
**The President and Directors of the Lafayette Bank of Cincinnati vs The President and Directors of the State Bank of Illinois**
Assumpsit. Now at this day come the parties aforesaid by their respective Attorneys, and thereupon the motion of the defendants to dismiss this suit for want of security for the costs herein is submitted to the Court which being seen heard and fully understood, it is ordered that said motion be sustained unless the said plain- tiff within twenty days from the entry of this order file such security for said costs.
**Samuel a man of color vs John Howdeshell**
> Related to Case ID ccr1837.06795.074
Trespass Now at this day come the parties aforesaid by their respective Attorneys and thereupon the motion of the plaintiff to set aside the verdict rendered in this cause and for a new trial is submitted to the Court which being seen heard and fully understood, it is ordere that said motion be overruled.
**Gabriel Helms vs George Speers and wife**
Now at this day come the parties aforesaid by their respec- tive Attorneys and thereupon all and singular the prem- ises pertaining to the exceptions taken by the plaintiff to the Commissioners Report of Partition filed herein are submitted to the Court, which being seen heard and fully understood and for that it appears to the Court that said Reports unequal and unjust It is therefore considered by the Court that said exceptions be sustained, and that said Report be referred back to said Commissioners and that said Commissioner make report of their further proceedings to this Court without delay.
**Rene Paul and others vs Therese C Chouteau and others**
In Partition Now at this day comes George R Taylor Esquire and suggests to the Court here that since the last proceedings had in this cause, there has been a change of certain interests of said parties to said suit, and thereupon it is ordered by the Court that all parties interested, and who are not parties to this suit, be brought in and made parties litigant herein
Court adjourned until Monday February 17th [ ?] at ten oclock A.M.
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plaintiffs damages by him sustained by reason of the nonperformance of the promises and undertakings in his declaration mentioned at the sum of Three hundred and seventy six Dollars and fifteen cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the Court found and assessed together with his costs and charges in this behalf expended and have thereof execution
**Samuel a man of color vs John Howdeshell**
> Related to Case ID ccr1837.06795.074
The plaintiff by his Attorney this day files his affida- vit for an appeal herein.
**In the matter of the assignment of Michael Tesson and Edward P Tesson**
The appraisers appointed by the Court to appraise the property and effects assigned herein this day file their appraisement thereof, and John F Darly and Pierre A Berthold assignees this day file their bond conditioned according which bond is approved by the Court.
**Henry K Holland vs James R Moore**
The Sheriff having returned the writ issued in this cause with the endorsement that the defendant was not found in his County on motion of the Plaintiff by his Attorney it is ordered that an alias summons issue directed to the said defendant returnable to the next term of this Court, until which time the Cause is Continued
Court adjourned until tomorrow morning at ten oclock.
**Tuesday February 18th 1845.**
Court met pursuant to adjournment, present The Honorable John M Krum Judge, William Milburn Esquire Sheriff and John Ruland Clerk.
**John P White vs Henry Black**
Attachment Now at this day comes the plaintiff by his Attorney and says that he will not further prosecute his suit in this behalf, but volun- tarily suffers the same to be dismissed at his costs It is therefore considered by the Court that the said plaintiff take nothing by his said suit, but that the defendant go thereof without day, and recover of said plaintiff his costs and charges in this behalf expended and have thereof execution.
**John S Newhouse vs Neal Walker**
Cause Continued.
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**Vital M Garesche vs Robert Wash**
Trespass on the case on promises. Now at this day comes the plaintiff by his Attorney, and says that he will not further prosecute his suit in this behalf, but voluntarily suffers the same to be dismissed at his costs. It is therefore considered by the Court, that the said plaintiff take nothing by his said suit, but that the defendant go thereof without day, and recover of said plaintiff his costs and charges in this behalf expended, and have thereof execution.
**Charles Collins to use of John Stacker vs Rescanick Ayres**
Debt. The Sheriff having returned the writ issued in this cause with his endorsement therein that the defendant was not found in his County It is therefore ordered by the Court that this suit be abated at the costs of the plaintiff, and that execution issue therefor.
**Debt $450.00 Das $48.13. Pierre Chouteau Jr vs Jacob G Smith**
Petition in Debt Now at this day comes the parties aforesaid by their respec- tive Attorneys and neither party requiring a Jury, all and singular the premises are by them submitted to the Court which being seen heard and fully understood the Court doth find as to the issue within joined between the parties aforesaid that the said defendant is indebted unto the said plaintiff in the said sum of money in manner and form as the said plaintiff hath above alleged in the said petition, and it appearing to the Court from the instruments in writing on which this action is founded that the said defendant is indebted unto the said plaintiff in the sum of four hundred and fifty Dollars, and that said plaintiff has sustained damage by reason of the detention of said debt to the amount of forty eight dollars and thirteen cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant his debt and damages aforesaid in form aforesaid found and as- sessed together with his costs and charges in this behalf expended and have thereof execution
**Restore Carter vs Augustus Adams**
. . . .Cause Continued.
**Louis Chouteau vs Gabriel S Chouteau**
> Related to Case ID ccr1843.06796.071
Suit for freedom. Now at this day comes the defendant by his Attorney, and the plaintiff although demanded comes not but makes default, nor doth he prosecute his suit in this behalf with effect, wherefore said defendant ought to recover against him. It is therefore considered by the Court that the said plaintiff take nothing by his said suit, but that the defendant go thereof without day.
**Hilel Marks vs The Steam Boat Mary Tompkins.**
The plaintiff by his Attorney this day files a bill of particulars of his demand on which this action is founded.
**Debt $75.76 Clayton Tiffin vs Nelson Pepper**
Scire facias to revive judgment Now at this day come the parties aforesaid by their respective Attorneys and thereupon all and singular the premises are by them submitted to the Court which being seen heard and fully understood the Court doth find as to the issue within joined between said parties that there is such a record against him said Nelson Pepper at the suit of the plaintiff, in manner and form as the plaintiff hath above declared against him. It is therefore considered by the Court that the Judgment aforesaid in form aforesaid recovered as well for
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**Richard W Chick vs William Gardner administratrix of Thomas Lattimer.**
The defendant by his Attorney this day files a motion to affirm the judgment of the Court below.
**Samuel a man of color vs John Howdeshell**
> Related to Case ID ccr1837.06795.074
The plaintiff by his Attorney this day files a motion for an appeal herein
**Gabriel Helms vs George Speers and wife**
It being suggested to the Court that Elijah Hayden Esquire one of the Commissioners appointed to make partition of the prem- ises herein, has since his said appointment become interested therein, and that Thomas Andrews and Elkanah English the other of said Commissioners have declined acting as such It is ordered by the Court that Joshua R. Stanford, John Cavender, and Elliott Lee three respectable freeholders resi- dent of the County of St Louis, in which the property to be divided is situated, be appointed Commissioners to make such partition, and that they make their report thereof to this Court without delay.
**Samuel W Chapin vs Ledden Davis and Thomas B Dutcher**
Appeal On motion of the parties by their Attorneys, and it appearing to the Court that this case was improperly docketed in this Court, it is ordered that the case with the papers thereof, be transferred to the St Louis Court of Common Pleas where it by law belongs.
**William Knox Admr of Henry Clark vs James T Swearingen**
The Sheriff of the County of Marion having returned the execution issued in this cause with his endorsement therein that the writ was returned agreeably to an order of this Court not executed it is therefore ordered by the Court that a Venditioni exponas issue to said Sheriff commanding him to sell said property according to Law.
Bels Henrick Brinker a native of Hanover who applies to be admitted a Citizen of the United States, comes and proves to the satisfaction of the Court that he has resided in the United States for at least five years, and in the State of Missouri at least one year immediately preceding this application during which time he has conducted him- self as a man of good moral character attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same and the Court moreover being satisfied that said applicant has taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and he declaring here in open Court, upon oath that he will support the Consti- tution of the United States, and that he doth entirely and absolutely renounce and abjure forever all allegiance and fidelity to every foreign power prince, state and Sovereignty whatsoever and particularly to the King of Hanover of whom he was heretofor a subject, therefore the said Bels Henrick Brinker is admitted a Citizen of the United States of America
Court adjourned until tomorrow morning at ten oclock.
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ordered, that a copy hereof be published for four weeks successively, in some newspaper prin- ted in the City of St Louis the last insertion to be at least twenty days before the said next term. Cause Continued.
**Samuel a man of color vs John Howdeshell**
> Related to Case ID ccr1837.06795.074
Now at this day come the parties aforesaid by their respec- tive Attorneys, and thereupon the motion of the plaintiff for an appeal herein is by them submitted to the Court, which being seen heard and fully understood it is ordered that said motion be and the same is hereby overruled, and on motion of the said de- fendant by his Attorney it is ordered that the Sheriff of St Louis County deliver over to him the said slave Samuel.
**Debt $380.48 Das $565.36 P.A. Walsh Public Administrator of St Louis County in charge of the estate of Clement March deceased vs Elias Barcroft**
Scire facias to revive judgment. Now at this day come the parties aforesaid by their respective Attorneys, and thereupon neither party requiring a Jury all and singular the premises are by them submitted to the Court, which being seen heard and fully understood, the Court doth find as to the issue first within joined between said parties that there is remaining in the Circuit Court of the County of St Louis, a recovery of judgment in favor of the said Clement March against him the said Elias Barcroft in manner and form as in the write of scire facias is alleged, and as to the second issue within joined between said parties the Court doth find that the said Elias Barcroft did not after the rendition of said judgment pay to the said Clement March in his life time the full amount of the said judgment debt damages interest and costs in manner and form as the said defendant has in his said second plea alleged. It is therefore considered by the Court that the judgment aforesaid in form aforesaid by the said plaintiff recovered, as well for the sum of Three hundred and eighty dollars and forty eight cents debt as also for the fur- ther sum of Five hundred and sixty five Dollars and thirty six cents damages as for his costs in said scire facias mentioned, be revived and stand in full force, and that said plain- tiff have thereof execution as well for his costs and charges by him about the prosecution of his said scire facias expended.
**Thompson Hanna & James Turnbell surviving partners &c vs Hugh O Neil admr of Ben L Turnbell decd**
Appeal from St Louis Probate Court. Now at this day come the parties aforesaid by their respective Attorneys, and there- upon all and singular the premises being by them submitted to the Court and by the Court here seen heard and fully understood, and the Court being suf- ficiently advised of and concerning the premises, doth consider and adjudge that the judgment aforesaid in form aforesaid by the said Probate court rendered be reversed and set aside and for naught held and esteemed, and that a new trial of this case be had in this Court according to Law, and that said plaintiff recover of the said de- fendant the costs and charges herein expended, and have thereof execution.
**William Hempstead and Samuel H Hempstead vs Martin Thomas**
On motion of the defendant by his Attorney it is ordered that the Recorder of St Louis County record in his office the deposition taken under the dedimus issued in this cause for the pur- pose of perpetuatin certain testimony herein to wit, the testimony of Rene Paul, and which dedimus issued on the fourteenth day of June eighteen hundred and forty four, but at the proper costs and charge of the said defendant.
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> Handwritten Page Number on Record Book: 63
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**The City of St Louis vs Peter Tunian and others.**
Now at this day come the parties aforesaid by their respective At- tornies, and thereupon the motion of the plaintiff to strike out the second and third pleas filed by the defendants herein is submitted to the Court, which being seen heard and fully understood it is ordered that said motion be overruled, and on motion of the plaintiff leave is given her to file a replication to the third plea of the defendant. Replication filed
**Samuel W Hawley and William E Brush vs William O Marvin**
The plaintiffs by their Attorney this day withdraw the motion heretofore filed by them herein for the stay of proceedings in this cause.
**James Courau vs Robert McO Blenis**
The defendant by his Attorney this day files a motion to set aside the judgment rendered in this cause for irregular- ity, and an affidavit in support of said motion.
**James M Bates vs John Calvert and Lucy Maria Scott**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon the motion of the plaintiff to strike from the record the secondly amended first and second pleas filed by the defendants herein is submitted to the Court, which being seen heard and fully understood it is ordered that said motion be overruled
**James a person of color vs Hiram Cordell**
> Related to Case ID ccr1844.06862.012
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon the motion of the defendant to set aside the judgment by default heretofore rendered in this cause is by them submitted to the Court, which being seen heard and fully understood, is ordered by the Court that said motion be and the same is hereby overruled
**John M Clark administrator of Jabez L Clark deceased vs Daniel Emerson**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon the motion of the plaintiff to set aside the order of dismissal entered in this cause, and proceedings consequent thereon, and to rein- state the cause for trial, is submitted to the Court which being seen heard and fully understood it is ordered that said motion be sustained, at the costs of the de- fendant.
**John L Blaine and others vs William E Fitch impleaded with S.S. Paxton and others.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon by leave of Court the plaintiffs withdraw the second count of their declaration filed herein and thereupon all and singular the premises pertaining to the demurrer of the defendant William E Fitch to the declaration of the said plaintiffs, is by them submitted to the Court which being seen heard and fully understood, and it appearing to the Court that said declaration and the matters therein contained are sufficient in the law for the said plaintiffs to have and maintain their aforesaid action thereof against him the said defendants it is ordered that said demurrer be, and the same is hereby overruled and on mo- tion of the said defendant leave is given him to plead to said action instanter.
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> Handwritten Page Number on Record Book: 66
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**William Hempstead et al vs Martin Thomas**
> Related to Case ID ccr1843.27214.006
The plaintiff by their attorney this day file a bond for security for costs in this cause
**William Hempstead et al vs Jonas Moore**
The plaintiffs by their attorney this day file a bond for security for costs in this cause
**John Atkinson vs Shepas Mebb**
Cause continued on affidavit on application and at costs of plaintiff on account of absence of Charles Smith a material witness
**Russell Prentiss vs Henry M Shreve**
Cause Continued
**Michel Paul vs Gabriel Paul**
> Related to Case ID ccr1845.27215.010
Trespass The Sheriff having made return upon the unit issued in this cause, that the defendant was not found in his County it is ordered that this suit abate at the costs of the said plaintiff and that execution issue therefor.
**John H Brown and James M Brown vs Antoine L Cherrie and Alexander Lesueur**
Debt 346.25 D 52.24
Petition on Note Now at this day come the parties afore- said by their respective attorneys and thereupon neither party requiring a Jury all and singular the premises are by them submitted to the Court which being seen heard and fully understood the Court doth find as to the issue within joined between said parties that the said defendants do owe the said sum of money in the said petition mentioned in manner and form as they the said plaintiffs have above thereof in their said petition alleged and it appearing to the Court from the [ ?]istrum[ ?] in writing on which this action is founded that the said defendants are indebted unto the said plaintiffs in the sum of Three hundred and forty six dDollars and twenty five cents, and that said plaintiffs have sustained damage by reason of the detention of said debt to the amount of fifty two Dollars, and twenty four cents. It is therefore con- sidered by the Court that the said plaintiffs recover of the said defendants their debt and damages aforesaid in form aforesaid by the Court found and assessed together with their costs and charges in this behalf expended and have thereof execution.
As attorney for the plaintiff. I acknowledge to have read satisfaction of this judgment - April 4th 1845 Attest John Roland by Walter W Blair Deputy
**Adam D Stewart vs William Garr Laue and Marten Thomas**
Debt $550.66
Assumpsit Now at this day come the parties aforesaid by their respective attorneys and therefore neither party re- quiring a Jury all and singular the premeses are by them submitted to the Court which being seen heard and fully understood the Court doth find as to the issue within joined be- tween said parties that the said defendants did undertake and promise in man- ner and form as the said plaintiff has above thereof complained against them and it appearing to the Court from the [ ?]istrum[ ?] in writing on which this action is foun ded that the said plaintiff has sustained damage by reason of the nonperformance of the premises and undertakings in his declaration mentioned to the amount of Five hundred and fifty Dollars and sixty six and five third cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants his damages afore- said in form aforesaid by the Court found and assessed, together with his costs and charges in this behalf expended and have thereof execution.
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**M Brotherton to use of Jonas Moore vs John M Wimir**
On motion of the plaintiff by his attorney it is or dered that a dedimus issue to the State of Illinois to take the depositions of witnesses to be read in the trial of said cause on behalf of said plaintiff
**Thomas J Nelson vs Francis Teuteuberg and Michael Farrell**
Surveyors Report filed The defendants by their attorney this day file exceptions to the Report of the Surveyor filed herein
Court adjourned until to morrow morning at ten oclock
Friday March 7th 1845 Court met pursuant to adjournment present the Honorable John M Krum Judge, William Millburn Esquire Sheriff and John Ruland Clerk
**Nicholas N Destrehaw vs William Cooper**
Petition on Note Now at this day comes the plaintiff by his attorney and files his petition herein and the defendant in his own proper person also comes and says that he cannot de ny the action aforesaid of him the said plaintiff nor but that he is indebted unto said pla intiff in the sum of One hundred and twenty five Dollars for which sum he confesses judg ment. It is therefore considered by the court that the said plaintiff recover of the said defendant his debt aforesaid in form aforesaid confessed together with his costs and charges in this behalf expended and have thereof execution. This judgment to bear [ ?] percent
**Martha of color vs Richmond J Curle**
> Related to Case ID ccr1844.06805.046
The defendant by his attorney this day files a motion to dis miss this suit for reasons filed
**The State of Missouri at the relation and to the use of J.A. Walsh Public Adm vs Am M Govern**
Now at this day come the parties afore- said by their respective attorneys and thereupon the motion of the plaintiff to set aside the judgment of nonsuit ren dered herein is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled.
**The State of Missouri: at the relation and to the use of J.A. Walsh Public Adm vs Patrick Dim & Ann his wife**
Now at this day come the parties aforesaid by their respective attorneys and thereupon the motion of the plaintiff to set aside the judgment of nonsuit rendered herein is by them submitted to the Court which being seen heard and fully
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> Handwritten Page Number on Record Book: 80
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> Handwritten Page Number on Record Book: 81
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> Handwritten Page Number on Record Book: 82
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> Handwritten Page Number on Record Book: 83
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Clark, a deed from said Truman Clark to Elhidge G Clark and a deed from the said Elhidge G Clark to said Rudolph Bircher according to the prayer of said petition the defendant by his attorney this day files exceptions to the depositions taken by the plaintiff herein.
**Charles Herr vs Benjamin Blake**
Appeal from Justice Now at this day come the parties aforesaid by their respective attorneys and thereupon by consent of parties it is ordered that this suit is dismissed at the costs of the said defendant. It is therefore considered by the Court that the said plaintiff recover of the said defendant his costs and charges in this behalf expended and have thereof execution.
**William Drayton vs Steamers Grampus and Illinois**
Appeal from Justice. Now at this day come the parties aforesaid by their respective attorneys and thereupon the defendants by their attorney move the Court to dismiss the said suit, which motion being seen heard and fully understood, it is ordered the same be sustained. It is therefore considered by the Court that the said plaintiff take nothing by his said suit, but that the defendants go thereof without day and recover of said plaintiff their costs and charges in this behalf expended and have thereof execution.
**Jacques Teserie vs George Speers and Theresa his wife**
On motion of the defendants by their attorney it is ordered that the Sheriff of St Louis Jointly pay into Court the money made on the execu- tion in this cause over and above the judgment to abode the further order of this Court.
**Albert H Miller vs The Steam Boat Bee**
Appeal from Justice Now at this day comes the plaintiff by his attorney and says that he will not further prosecute his suit in this behalf but voluntarily suffers the same to be dismissed at his costs. It is therefore considered by the Court that the said plaintiff take nothing by his said suit, but that the defendant go thereof without day and recover of said plaintiff her costs and charges in this behalf expended and have thereof execution
It appearing to the Court that William C Jamison has been regularly licensed to practice Law in the several courts of this State. It is ordered that he be admitted to and enrolled as a Member of this Bar.
**Michel Paul vs Gabriel Paul**
> Related to Case ID ccr1845.27215.010
On motion of the plaintiff by his attorney it is ordered that the judgment of dismissal heretofore be ordered in this cause be and the same is hereby set aside and the cause reinstated for trial. Cause Continued
**Horace Billings vs Beverly Allen Assigence of Augusten Kerr [ ?] partner of John [ ?] Kerr**
Claim certified by assignee Now at this day come the parties aforesaid by their respective attorneys and forasmuch as the said parties consent that the claim of the said Billings is just, and that the same be allowed at the [ ?] of Eight hundred and forty Dollars it is therefore considered by the Court that the same be allowed at the sum aforesaid.
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depositions of witnesses to be read in the trial of said cause in behalf of said plaintiff
**Martha Miller Admr of John S Miller vs Robert Wash and others garnishees of The St Louis Floating Dock and Insurance Company**
Garnishment on Execution On motion of said garnishees by their Attorney it is ordered that they be and they are hereby discharged from all liability and demand under and by virtue of such garnishment at the costs of the said plaintiff and that execution issue therefor.
**E.M. Clark, Edward Dodge and Jay Cooke partners &c vs William B Taylor & Simine D Eddins.**
Assumpsit. Now at this day come the parties aforesaid by their respective Attorneys, and thereupon neither party requiring a Jury all and singular the premises are by them submitted to the Court which being seen heard and fully understood the Court doth find as to the issue within joined between the said parties that the said defendants did undertake and promise in manner and form as the plaintiff in their said declaration have alleged, and doth assess the plaintiffs damages by them sustained by reason of the nonperformance of the promises and undertakings in said declaration mentioned to the amount of Nine hun- dred and thirty four Dollars and sixty seven cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants their damages aforesaid in form aforesaid by the Court assessed together with their costs and charges in this behalf expen- ded and have thereof execution
**Andrean Paschall vs Richard W Ulrici**
> Related to Case ID ccr1844.06859
On motion of the defendant by his Attorney it is ordered that the Sheriff of St Louis County deliver the slave Andrean Paschall plaintiff in this suit to the defendant who is the legal owner of said plaintiff._
**Bryan Mullanphy vs John Coline, a justice of the Peace**
Petition for Mandamus. Now at this day comes the said petitioner by his Attorney and files his affidavit herein and thereupon on his motion it is ordered that a Mandamus issue commanding said defendant to grant the writ of possession in said petition mentioned & in default thereof to appear on this Court on the twentieth day of March [ ?] and there and there to show cause if any there be to the contrary.
**Jane McDonald vs Robert W Hurt and Phebe his wife and others**
Petition for Dower. Now at this day come the parties aforesaid by their respective Attorneys, and the having heretofore filed their Report of the assignment of Dower herein, which report being seen heard and fully understood, and for that it appears to the Court that the assignment of Dower made and reported by said Commissioners is just and true, the Court doth confirm and establish said report and the matters and things therein contained as firm and effectual forever.
Court adjourned until tomorrow morning at ten o'clock AM John M Krum
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> Handwritten Page Number on Record Book: 107
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> Handwritten Page Number on Record Book: 108
**Daniel Quick & al vs Heirs of James Piggott and others.**
In Partition. Now at this day come the parties aforesaid by the Attorneys, and the Sheriff also returns here into Court and files his report herein stating therein that in pursuance of the order of sale made herein he had proceeded to sell the property in said petition mentioned and described and having [ ?] by to the Day of sale given notice as required by law of the time terms and place of sale and in his said report he describes the property sold the amount big therefor and the name of pur- chaser thereof which report and the matters and things therein contained are approved by the Court and confirmed as valid and effectual forever, and the said Sheriff is directed to execute and deliver to the purchaser of said property a good and sufficient deed therefor.
**Samuel Stacker and others vs Henry F Ormsly garnishee of Nimrod Snyder & Jeremiah Price**
Garnishment on Fi Fa There having been no allegations and Innterogatories to the garnishee filed in this cause it is ordered that said garnishee be discharged from all liability and demand under and by virtue of such gar- nishment at the costs of the plaintiffs and that execution issue therefor.
**Jacob Smith vs Willis L Williams garnishee of Samuel T Marks.**
Garnishment on Fi Fa There having been no allegations and Interrogatories to the garnishee filed in this cause it is ordered that said garnishee be discharged from all liability and de- mand under and by virtue of such garnishment at the costs of the plaintiff and that execution issue therefor.
**George W Coons vs Gabriel S Chouteau garnishee of Edmund W Paul**
Garnishment on Fi Fa There having been no allegations and Interragatories to the garnishee filed in this cause it is ordered that said garnishee be discharged from all liability and demand under and by virtue of such garnishment at the costs of the plaintiff and that execution issue therefor.
**John Walsh and Edward Walsh vs Francis H O'Ferrall David T Disney and Bernard M Lenan**
Assumpsit Now at this day come the said plaintiffs by their Attorney, and not requiring a Jury to assess their damages herein all and singu- lar the premises are submitted to the Court which being seen heard and fully understood the Cout doth find that said plaintiffs have sustained damage by reason of the unperformance of the promises and undertakings in their declaration mentioned to the amount of four hundred and thirty five Dollars and eighty seven cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant their damages aforesaid in form aforesaid by the Court assessed together with their costs and charges in this behalf expended and have thereof exe- cution out of the property attached at the commencement of this suit.
**John Walsh, Edward Walsh, Otis Reynolds Thomas Gray, John S Mc and John Haverty vs Francis K O'Ferrall, David T Disney and Bernard M Lennan**
Assumpsit Now at this day come the said plaintiffs by their Attorney, and not requiring a Jury to asses their damages all and singular the premises are by them sub- mitted to the Court which being seen heard and fully understood, the Court doth find
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> Handwritten Page Number on Record Book: 124
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> Handwritten Page Number on Record Book: 125
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> Handwritten Page Number on Record Book: 126
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> Handwritten Page Number on Record Book: 127
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> Handwritten Page Number on Record Book: 128
**Peter Powell vs James P Mathews**
Appeal to Supreme Court Now at this day comes the said Peter Powell and prays an appeal to the Supreme Court from the judgment rendered herein against the said plaintiff and files his affidavit therefor as required by law where from the appeal is granted and the said Peter Powell as principal acknowledges himself to owe the said defendant the sum of Two hundred Dollars and John F Darby and Charles C Carroll as securities acknowledge themselves each to one the said defendant the sum of Two hundred upon condition that if said Peter Powell shall prosecute his appeal now taken with due diligence to a decision in the Supreme Court and if his appeal shall be dismissed or the judgment of this Court be affirmed he shall pay whatever of debt damages and costs have been recovered against him by the judgment of this Court together with the interest that may grow due thereon and shall otherwise perform the judgment of this Court and shall pay the damages and costs that may be adjudged against him in the Supreme Court upon his appeal then this recognisance to be good otherwise of full force.
**Thomas J Nelson vs Francis Teuteuberg and Michael Farrell**
The defendants by their attorney this day withdraw the exceptions to the depositions heretofore filed by their herein
**Theodore C M Kumm and others vs James P Mathews**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon the motion of the defendant to set aside the verdict rendered in this cause and for a new trial is by them submitted to the Court which being seen heard and fully understood it is on deed that said motion be overruled. Bill of Exceptions filed.
**Elisha Fine vs Blane and Tompkins**
Now at this day come the parties aforesaid by their re- spective attorneys, and thereupon the motion of the plaintiff to set aside the verdict rendered in this cause and for a new trial is by them submitted to the Court which being seen heard and fully understood it is ordered that the same be overruled
**Edward B Richards and others vs John Berlow**
On motion of the plaintiffs by their attorney leave is given them to withdraw the affidavit and proof of partnership filed by them herein.
**Martha Drusells vs Richmond J Curle**
> Related to Case ID ccr1844.06805.046
Now at this day come the parties aforesaid by their respective attorneys and thereupon the motion of the defendant to dismiss the said suit is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled
**Peter Wegman vs Philip McDonald**
Now at this day come the parties aforesaid and by their respective attorneys and thereupon the motion of the plaintiff to quash the execution issued in this cause is by them submitted to the Court which motion being seen heard and fully understood it is ordered that the same be overruled
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> Handwritten Page Number on Record Book: 129
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submitted to the Court which being seen heard and fully understood it is ordered that said motions be and the same are hereby overruled.
**Matthew Rippey vs Laurence Schoeffler**
Now at this day comes the defendant by his Attorney and thereupon the motion of the said defendant to quash and recall the execution in this case is submitted to the Court which motion being seen heard and fully understood it is ordered that said motion be sus- tained and said writ recalled and quashed.
**John Wesley vs William F Kleinards Wood Boat**
Now at this day come the parties aforesaid by their respective Attorneys and thereupon the motion of the plaintiff to set aside and vacate the order of dismissal made in this cause and to reinstate the cause on the docket is by them submitted to the Court which motion being seen heard and fully understood it is ordered that said motion be overruled.
**Frederick Ludwig Jesser vs Diogenes Wetmore**
Petition for Mandamus. Now at this day comes the parties aforesaid by their respective Attorneys, and by consent of parties it is ordered that the petition in this cause be dismissed at the costs of the said petitioner and that execution issue therefor.
**John M De Bolle vs George RH Clark admr of William P Clark garnishee of John G Murray et al**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon all and singular the premises pertaining to the demurrer of the de- fendant to the fourth replication of the plaintiff to the answer of the said defendant is submitted to the Court which being seen heard and fully un- derstood and it appearing to the Court that said replication and the matters and things therein contained in manner and form as the same are therein set forth are not sufficient in law for the said plaintiff to have or maintain his aforesaid action thereof against the said defendant it is ordered that said demurrer be sustained.
**John R Browning vs Mathew Wakefield and others**
Now at this day come the parties aforesaid by their re- spective Attorneys and thereupon the motion of the petitioner for a rehearing of the petition for prohibition in this cause is submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled.
**Das $579.50 Elias B Smith vs John G Wingfield**
Assumpsit Now at this day comes the plaintiff and files his declaration herein and the defendant in his own proper person also comes and says that he cannot deny the action aforesaid of him the said plaintiff nor but that he hath sustained damage by reason of the nonperformance of the promises and undertakings in his declaration mentioned to the amount of Five hundred and seventy nine Dollars and fifty cents for which sum he confesses judgment. It is therefore considered by the Court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid confessed together with his costs and charges in this behalf expended and have thereof execution.
**Samuel a man of color vs John Howdeshell**
> Related to Case ID ccr1837.06795.074
Bill of Exceptions filed.
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> Handwritten Page Number on Record Book: 133
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> Handwritten Page Number on Record Book: 134
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are not sufficient in law to bar or preclude him from having or maintaining his aforesaid action thereof against them the said defendant it is ordered that said demurrer be sus- tained.
**Albert G Boone and James Hamilton vs Hoppelis a Delaware Indian Ira D Blanchard Interpleader**
On Interpleader Now at this day come the parties aforesaid by their re- spective Attorneys, and thereupon neither party requi- ring a Jury all and singular the premises are by them submitted to the Court which being seen heard and fully understood the Court doth find as to the issue within joined between said parties that the funds attached in the hands of Robert Campbell a garnishee in this cause is the property of the said Ira D Blanchard and was so at the time of the institution of this suit and of the service of said garnishment and is not and at the time of the institution of this suit and when said Campbell was summoned as garnishee in this cause was not the property of said defendant in manner and form as the said Ira D Blanchard hath above in his plea of interpleader alleged it is therefore considered by the Court that the said plaintiff take nothing by his said attachment but that said Interpleader go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof execution.
Lewis Walsh a native of Ireland who applies to be applies to be admitted a Citizen of the United States comes and proves to the satisfaction of the Court that he has resided in the United States for at least five years and in the State of Missouri at least one year im- mediately preceding in this application during which time he has conducted himself as a man of good moral character attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same: and the Court more- over being satisfied that said applicant has taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and he declaring here in open Court upon oath that he will support the Constitution of the United States, and that he doth entirely and absolutely renounce and abjure forever all allegiance and fidelity to every foreign power Prince State and Sovereignty whatsoever and particularly to Victoria Queen of Great Britain and Ireland of whom he was heretofore a subject therefore the said Lewis Walsh is admitted a Citizen of the United States of America
John C Slatery a native of Ireland who applies to be admitted a Citizen of the United States comes and proves to the satisfaction of the Court that he has resided in the United States for at least five years and in the State of Missouri at least one year immediately preceding this application during which time he has conducted himself as a man of good moral character attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the same: and the Court moreover being satisfied that said applicant has taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners and he declaring here in open Court upon oath that he will support the Constitution of the United States, and that he doth entirely and absolutely re- nounce and abjure forever all allegiance and fidelity to every foreign power prince State and Sovereignty whatsoever and particularly to Victoria Queen of Great Britain and Ireland of whom he was heretofore a subject therefore the said John C Slatery is admitted a Citizen of the United States of America
**Jesse a man of color vs George W Coons**
> Related to Case ID ccr1844.06798.006
Trespass. Now at this day comes the plaintiff by his Attorney and the defen- dant although demanded comes not but makes default nor hath he pleaded to the action aforesaid of him the said plaintiff wherefore said plaintiff ought to recover against him. It is therefore con
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> Handwritten Page Number on Record Book: 145
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**William O Marim vs Samuel W Hawley and others**
> Related to Case ID ccr1845.27215.010
The said Marim this day files a motion for an order on the Sheriff of St Louis County to pay over to him or to his Attorney of record the money collected by said Sheriff on execution in the above cause
**Michael Flynn vs William Kidd et al**
Oyer of Mortgagae given
**Catharine Cedars Exx of Sol Cedars decd vs George H Kennerly**
Allegations and interrogatories to William S McKnight and Samuel H Saunders and William R Dempsey garnishees filed._
Court adjourned until tomorrow morning at Nine oclock._
**Wednesday April 23rd 1845**
Court met pursuant to adjournment pres- ent The Honorable John M Krum Judge, William Mil- burn Esquire Sheriff and John Ruland Clerk.
**Saml B Pierce & William G Pierce &c vs Ringrose D Watson**
Plea filed
**Samuel Thomas Magruder vs Oliver H Perry admr &c**
Plea filed
**Michel Paul vs Gabriel Paul**
> Related to Case ID ccr1845.27215.010
Plea filed
**Robert R Walker vs Sidney Blauchan**
Plea filed
**Andrew Christy vs Stuart Mathews**
Plea filed
**Elisha H Jordan and others vs Thomas J Minor**
Plea filed
**Jas H Lucas & Ann L Hunt vs Richard P Todd**
Allegations & interrog- atories to garnishee filed
**Andrew Christy and Saml B Wiggins vs Henry C Lynch and Charles H Prinnu**
Plea by defendant Prinnu filed.
**Edward A Chouteau vs William P Harrison**
Plea filed in abatement
**William K Wilson and Samuel K Wilson vs William P Harrison**
Plea in abatement filed.
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**Louis Petit alias Lalumiere and others vs Samuel Blodget and others.**
Petition for Partition. M.S. Cerre and J.L. Papin a majority of the Commissioners herein this day file a report of their proceedings herein, and acknowledge the same to be their true report in the premises.
**Joshua B Brant vs Alphonse Witmore**
Petition for Mandamus Now at this day comes the petitioner by his Attorney, and files his petition for a Mandamus, and thereupon no cause being shown to the contrary, and the said defendant waiving the process of an alternative Mandamus, it is ordered that a peremptory mandamus issue to the said Alphonse Witmore commanding him to grant a writ of restitution for the pos- session of the premises therein mentioned against J.C.F. Randolph._
Court adjourned until Monday April 28th at nine oclock AM
**Monday April 28th 1845.**
Court met pursuant to adjournment, present The Honorable John M Krum Judge, William Mil- burn Esquire Sheriff and John Ruland Clerk
**James B Bowlin vs Augustus H Evans.**
Answer of plaintiff to petition for discovery filed
**Robert Holmes vs Robert Rankin**
Plea filed
**Samuel Willi vs James H Lucas**
Demurrer to declaration filed
**Mary Robinson vs Ringrose D Watson and Amos L Carson**
> Related to Case ID ccr1845.06807.018
Plea by defendant Watson filed
**James Lecor to use of &c vs Walter J.H. Miller, Samuel Wood et al**
Plea by defendants Miller and Wood filed
**James Kennedy & David Cartan vs Robert Rankin**
Plea filed
**Conrad Schwartz vs William K Knotts**
Plea filed
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> Handwritten Page Number on Record Book: 166
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> Handwritten Page Number on Record Book: 169
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Alexander P Field and William Hubbard two credible witnesses come into Court and being seen prove the execution of a deed of emancipation from Haskin Randall a free man of color in favor of Betsey a negro slave aged about forty years, and the Court being satisfied that the said Betsey is a person of sound mind and capable of supporting himself. It is ordered that said Hoskin Randall be discharged from all liability for her support
**Thomas Jefferson vs George Abolton and Jonathan B Moulton**
> Related to Case ID ccr1845.06808.014
Now at this day comes the plaintiff by his attorney and files his petition herein and it appearing to the Court that said petition contains sufficient matter to authorise the commencement of a suit the Court doth order that said Thomas Jefferson be allowed to sue as a poor person to establish his right to freedom, and doth assign Andrew H H Danson as his counsel That said plaintiff have reasonable liberty to attend his counsel and the Court as occa- sion may require that he be not removed out of the jurisdiction of the Court and that he be not subject to any severity on account of his application for freedom and the said plaintiff by his attorney stating that he has good reason to suspect and believe that the defendants will unless prevented deed said plaintiff away in order to prevent the success ful prosecution of his suit it is ordered that a warrant use to the Sheriff of St Louis County commanding him to bring the said plaintiff into Court and demmands the said defendants also to appear on the thirteenth day of April instant to abide the order of the Court in the premises
**Robert Cook and Alexander Peterson as William M Dewe**
Assumpsit On motion of the plaintiffs by their attorney it is ordered that an alias attachment issue in this cause returnable to the next term of this Court
**Robert Cook and Alexander Peterson vs William M Dewe**
Attachment On motion of the attorney for the plaintiff it is ordered that said defendant be noti- fied that an action of assumpsit for the sum of five hundred Dollars has been commenced against him, that his property has been attached and unless he appear at the next term of this Court to be begun and held at the City of St Louis on the third Monday of November next, and nor before the third day thereof plead to said action, according to law a judgement will be rendered against him, and his property sold to satisfy the same. And it is further ordered that a copy hereof be published for four weeks successively in same [ ?]paper printed in the City of St Louis the last insertion to be at least twenty days before the said next term
**Edward Parker vs William M Agnew**
On motion of the defendant by his attorney it is ordered that a dedimus issue to the State of Ohio to take the depositions of witnesses to be read on the trial of said cause on behalf of said defendant.
Court adjourned until to morrow morning at Nine oclock
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of said plaintiff his costs and charges in this behalf expended and have thereof execution
**The Board of President and Directors of the St Louis Public Schools vs Abyah Ruggles and Jerrold L Allen**
Ejectment Now at this day come the parties aforesaid by their respective attorneys and on their motion it is ordered that this suit be dismissed at the costs of the defendant. It is therefore con -sidered by the Court that the said plaintiffs recover of the said defendants their costs and charges in this behalf expended and have thereof execution.
**Cyrus Knapp vs John N Young**
Cause Continued as on affidavit at costs of plaintiff by a bond of Mr Ceule a witness
**Hardage Laue and Edmund H M Cabe vs James E Woodniff**
The plaintiffs by their attorney this day file a motion to dismiss the appeal herein
**Henry Moore vs Robert N Moore**
On motion of the plaintiff by her attorney it is ordered that a Ded- imus issue to the State of Illinois to take the depositions of witnesses to be read on the trial of said cause on behalf of said plaintiff.
**Paschal H St Cyr, Auguste Brazeau and Melanie his wife and others**
In Partition On motion of the petitioners by their attorney it is ordered that they have leave to amend their petition herein which is due by inserted therein and by amending the same so as to read that said Samuel Abbott is entered to twenty one hundred and tenth parts and said Hyacuth St Cyr is entitled to one hundred and tenth parts of the premises in said petition described
Court adjourned until to morrow morning at nine o'clock
Saturday May 3rd 1845 Court met pursuant to adjournment present The Honorable John M Krum Judge Wil- lian Milburn Esquire Sheriff and John Ruland Clerk
**Richard B Dallans vs Edwin Tanner**
Ejectment On motion of Trusien Polk attorney of record for the plaintiff in this cause it is ordered that he have leave to withdraw his name from the record as Attorney herein.
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**George C Auduson and John S Thompson vs Francis M Fisk**
Case Now at this day come the plaintiff by their attorney and say that they will not further prosecute their suit in this behalf, but voluntarily suffer the same to be dismissed at their costs. It is therefore consid- ered by the Court that the said plaintiffs take nothing by their said suit but that the defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof execution.
**Hughes and Robinson vs Hempstead**
Cause Continued
**Lewis D Ayres vs Solomon H Robbins**
The defendant by his attorney this day files a demurrer to the third fourth and sixth amended counts of plain- tiffs declaration.
**John B Somers vs Solomon H Robbins**
The defendant by his attorney this day files a demurrer to the first fifth and seventh amended counts of plaintiffs declaration.
**Paul Tulane vs Robert Carey to and others garnishees of Paul M Tulane impled**
The defendant Henry Prosser by his attorney this day files a motion to set aside the judg- ment by default and order of enquiry thereupon rendered against him and reasons in support thereof.
**Martha Drusells vs Richmond J Curle**
> Related to Case ID ccr1844.06805.046
On motion of the defendant by his attorney it is ordered that a dedimus issue to the Law Commissioner of St Louis County to take the depositions of witnesses to be read on the trial of said cause on behalf of said defendant
Augustus H Evans vs Mary Harris and Parsons Rose. Cause Continued
The State of M to use of Hannah Ingram vs Robert Raukin and others. Cause Continued
The State of M to use of Eliza Ingram vs Robert Raukin and others. Cause Continued
The State of M to use of Edward Ingram vs Robert Raukin and others. Cause Continued
The State of M to use of Henry Ingram vs Robert Raukin and others. Cause Continued
The State of M to use of Nathaniel Ingram vs Robert Raukin and others. Cause Continued
The State of M to use of Richard Hughes vs Robert Raukin and others. Cause Continued
The State of M to use of Thomas Hameltan et al vs Robert Raukin and others. Cause Continued
The State of M to use of James Ingram vs Robert Raukin and others. Cause Continued
**Robert Cathcart vs John Walsh and Edward Walsh**
It appearing to the Court that certain pro- deedings had in this cause on the twenty eight day of April last were not entered of record it is ordered that they be now entered as of that day in the words and figures following to wit
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> Handwritten Page Number on Record Book: 194
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defendant did understake and promise in manner and form as the said plaintiff has in his declaration alleged and doth assess the plaintiffs damages sustained by rea- son of the unperformance of the promises and undertakings in this declaration mentioned to the sum of One hundred Dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the Court found and assessed together with his costs and charges in this behalf expended and have thereof execution._
**Thomas Webster vs Peter G Camden**
Trespass Now at this day come the parties aforesaid by their respective Attorneys, and in their motion it is ordered that this suit be dismissed at the costs of defendant. It is therefore con- sidered by the Court that the said plaintiff recover of the said defendant his costs and charges in this behalf expended and have thereof execution.
**John A Lee vs Job P Doan**
Detinue Now at this day comes the defendant by his Attorney, and the plain- tiff although demanded comes not but makes default, nor doth he prosecute his suit in this behalf with effect, wherefore said defen- dant ought to recover against him. It is therefore considered by the Court that the said plaintiff take nothing by his said suit but that the defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended, and have thereof execution.
**John Gallager vs Lara Mathews**
Replevin Now at this day comes the defendant by his Attorney, and the plaintiff although demanded comes not but makes default, nor doth he prosecute his suit in this behalf with effect, wherefore said defendant ought to recover against him. It is therefore considered by the Court that the said plaintiff take nothing by his said suit, but that the defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended, and have thereof execution._
**Francis Stubinger vs Christopher Hill.**
Trespass Now at this day comes the defendant by his Attorney, and the plaintiff although demanded comes not but makes default nor doth he prosecute his suit in this behalf with effect, where- fore said defendant ought to recover against him. It is therefore considered by the Court that the said plaintiff take nothing by his said suit but that the defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof execution.
**Richard B Dallan vs Edum Tanner**
Ejectment Now at this day comes the defendant by his Attorney, and the plaintiff although demanded comes not but makes default nor doth he prosecute his suit in this behalf with effect where- fore said defendant ought to recover against him. It is therefore considered by the Court that the said plaintiff take nothing by his said suit, but that the defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expen- ded and have thereof execution._
**Rebecca a negro woman vs Black Horine and Melody.**
> Related to Case ID ccr1843.06855.056
Cause Continued.
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and pateuted to Lafreuier J Chaumi containing eighty acres and the east half of the north east quarter of section twenty two in township forty six north of range five east in the district of St Louis and State of Missouri containing eighty acres and pateuted to Samuel Harris, with the exception of twenty acres that is to be off the southeast corner of said land as follows beguining at the southeast corner of the half quarter parteuted to Chauvin as above described and running west eighty two poles, theuce worth thirty nine poles, theuce east eighty two poles, theuce South to the beguining as to make acres or to new further west, if necessary so as to include a house built on said tract by J.G. Walton, which is excepted leaving the said tract of land containing one hundred and forty acres and being the same purchased by the said Mary Walton in her life time from Jacob Walton and Jane his wife by deed leaning date the forth day of July eighteen hundred and thirty three sold under and by virtue of an order of the St Louis Circuit Court in a certain suit of petition for partition wherein the above named parties were plaintiffs and defend and made on the thirteenth day of December 18th.
William Milburn Esquire Sheriff of the County of St Louis in open Court acknowledged the execution of a deed by him as Sheriff as aforesaid in favor of Robert Parkin of all the right title interest claim estate and property of Michael Powers of in and to the following described real estate to wit. A lot of ground situate lying and being in the County of St Louis state of Missouri being part of block No 11 in the first series of the City of St Louis bounded and described as follows to wit come encing at the northwest corner of the intersection of Fourteenth and Market streets theuce eastwardly thirty feet on Market street, theuce southwardly in a parallel line with fourteenth street or Sarpy avenue one hundred feet theuce westwardly thirty feet parallel to Market street theuce northwardly on fourteenth street one hundred feet to the place of beguining being the lot of ground conveyed to said Michael Powers by deed dated April 11th 1842 made by George M Moore and wife recorded in the proper office April 24th 1842 in Book V. No 2 pages 430 and 431 upon which are several valuable buildings and other improvements sold in virtue and by authority of two several exceptions issued from the Clerks office of the St Louis Circuit Court in favor of George Ethug against the said Michael Powers.
Thomas Hundley vs Pascal David Larael R Craddock. Cause Continued
**Thomas G Lettle and others vs John and Edward Walsh**
Plea filed
**Antoine Labaddie vs Michael Augustine garnishee of Gabriel Hoopstetter**
The said garnishee by his attorney this day files a motion to be discharged herein.
**Martha Drusella vs Richmond J Curle**
> Related to Case ID ccr1844.06805.046
The defendant by his attorney this say files exceptions the depositions taken on behalf of the plaintiff herein.
**Anthony Wilkson vs James B and Peter A Walsh Exm of Joseph W Walsh dicd**
The defendants by their attorney this day file a motion in arrest of judgment herein and a motion to set aside the verdict rendered within cause for reasons filed.
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said plat as Lynch street, on the north by a street laid down on said plat as Sidney street, on the east by a street laid down on said plat as Seventh street, and on the west by lot No two of said plat said lot containing the quantity of two acres and forty three hundredths of acres sold in virtue and by authority of five executions issuing from the Clerks offices of the St Louis Court of Common Pleas and Circuit Court against the said John D Daggett.
**Madison a person of color vs George W Coons.**
The defendant by his Attorney this day files a motion to dismiss this action and reasons in support of said motion.
**Preston a person of color vs George W Coons**
> Related to Case ID ccr1844.06867.012
The defendant by his Attorney this day files a motion to dismiss this action, and reasons in support of said motion.
**Nat a person of color vs George W Coons.**
> Related to Case ID ccr1844.06868.058
The defendant by his Attorney this day files a motion to dismiss this action, and reasons in support of said motion.
**Laurentius M Eiler vs Augustus H Evans.**
Covenant Now at this day comes the plaintiff by his Attorney and says that he will not further prosecute his suit in this behalf but voluntarily suffers the same to be dismissed at his costs. It is therefore considered by the Court that the said plaintiff take nothing by his said suit but that the defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended, and have thereof execution.
**John Walsh Edward Walsh and Nathaniel Patterson vs The Farmers and Mechanics Insu-rance Company of St Louis.**
It appearing to the Court that certain proceedings had in this cause on the fourteenth day of May eighteen hun- dred and forty four were omitted to be en- tered of record It is ordered that they be now entered as of that day in the words and figures following to wit.
**May 14th 1844**
**John Walsh, Edward Walsh and Nathaniel Patterson vs The Farmers and Mechanics Insu-rance Company of St Louis.**
The plaintiffs by their Attorney come and say that they remit to the said defendant the sum of ten thousand one hundred and twenty nine Dollars and fifty three cents part and parcel of the judgment rendered in this case. Therefore it is considered that the said defendant be discharged from the said sum above remitted.
**John Walsh, Edward Walsh and Nathaniel Patterson vs Jacob R Sterre and others garnishees of the Farmers Mechanics Ins Co**
It appearing to the court that certain proceedings had in this cause on the fourteenth day of May one thousand eight hundred and forty four were omitted to be entered of record it is ordered that the same be now entered as of that day in the words and figures following to wit.
**May 14th 1844.**
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**Jonathan Forbush vs William P Harrison.**
Petition on Note Now at this day comes the plaintiff by his Attorney and files his petition herein, and the defendant by his Attorney in fact, Trusten Polk, who produces to the Court here and files a power of Attorney to that effect duly proven also comes, and says that he cannot deny the action aforesaid of him the said plaintiff, nor but that he is in- debted unto said plaintiff in the sum of Six hundred and fifty six Dollars and ten cents, and that said plaintiff has sustained damage by reason of the detention of said debt to the amount of eight dollars and seventy four cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant his debt and damages aforesaid in form aforesaid confessed together with his costs and charges in this behalf expended and have thereof execution.
**James Moseley vs Jason Hollrook, B.D. Hubbard and JD Leonard.**
Replevin. The Sheriff having returned the writ issued in this cause not executed for want of bond it is ordered that this suit be dismissed at the costs of the said plaintiff, and that execution issue therefor
**Larkin H Craig vs Francis Jones**
Detinue Now at this day comes the plaintiff by his Attorney, and says that he will not further prosecute his suit in this behalf but voluntarily suffers the same to be dismissed at his costs. It is therefore considered by the Court that the said plaintiff take nothing by his said suit but that the defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof execution
Patrick Conway a native of Ireland who applies to be admitted a Citizen of the United States, comes and proves to the satisfaction of the Court that he has resided in the United States for at least five years, and in the State of Missour at least one year immediately preceding this application during which time he has conducted himself as a man of good moral character, attached to the principles of the Contitu- tion of the United States, and well disposed to the good order and happiness of the same and the Court moreover being satisfied that said applicant has taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners and he declaring here in open Court upon oath, that he will support the Constitution of the United States and that he doth entirely and absolutely renounce and abjure forever all allegiance and fidelity to every foreign power Prince State and Sovereignty whatsoever and particularly to Victoria Queen of Great Britain and Ireland of whom he was heretofore a subject therefore the said Patrick Conway is admitted a citizen of the United States of America
**Peter Lindell vs Charles Cabarnie.**
Cause Continued by consent.
**Joseph B Crockett vs William Morrison**
The plaintiff by his Attorney this day files a motion to set aside the verdict rendered in this cause, and to grant a new trial therein.
**John H Browning vs John Berlin**
Affidavit of Partnership filed
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said do say that at the time when said several supposed trespasses were committed the said plaintiff was a slave in manner and form as the said defendant has in said second plea alleged. It is therefore considered by the Court that the said plaintiff take nothing by her said suit, but that the defendant go thereof without day
**Thomas R Whitney vs Henry S Coxe et al**
Trespass. Now at this day come the parties aforesaid by their re- spective Attorneys, and thereupon the motion of the said defendants to set aside the verdict rendered in this cause, and to award a new trial is by them submitted to the Court, which being seen heard and fully understood it is ordered that said motion be overruled, and thereupon the defendants by their Attorney file a bill of exceptions herein.
**William F Flagg vs Bryan Mullanphy**
On motion of the plaintiff by his Attorney it is ordered that a dedimus issue to the State of Illinois to take the depositions of witnesses to be read in the trial of this cause on behalf of said plaintiff
**James G Lecompte vs Benjamin Ames**
Replevin The Sheriff having returned the writ issue in this cause not executed for want of the bond required by law, it is ordered that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
Louis Wilkenmaier a native of Germany who applies to be admitted a Citizen of the United States, comes and proves to the satisfaction of the Court that he has resided in the United States for at least five years, and in the State of Missouri at least one year immediately prece- ding this application during which time he has conducted himself as a man of good moral character, attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the same, and the Court moreover being satisfied that said applicant has taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and he declaring here in open Court upon oath, that he will support the Constitution of the United States, and that he doth entirely and absolutely re- nounce and abjure forever all allegiance and fidelity to every foreign power prince State and Sovereignty whatsoever and particularly to The King of Wurtemburg of whom he was heretofore a subject, thereupon the said Louis Wilkenmaier is admitted a Citizen of the United States of America
**Preston a man of color vs George W Coons**
> Related to Case ID ccr1844.06867.012
Trespass &c Now at this day come the parties aforesaid by their respective Attorneys, and thereupon the motion of the said defendant to dismiss this suit is by them submitted to the Court, which being seen heard and fully understood it is ordered that said motion be overruled.
**Nat a man of color vs George W Coons**
> Related to Case ID ccr1844.06868.058
Trespass &c Now at this day come the parties aforesaid by their respective Attorneys, and thereupon the motion of the said defendant to dismiss this suit is by them submitted to the Court, which being seen heard and fully understood it is ordered that said motion be overruled.
**Madison a person of color vs George W Coons.**
Suit for freedom Now at this day come the parties aforesaid by their respec- tive Attorneys, and thereupon the motion of the said defendant
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by his said suit but that the defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof execution._
**Ephraim H Dickeson and wife vs Samuel D Walton.**
> Related to Case ID ccr1843.27214.006
Cause Continued.
**Rene Paul vs Wilson Lyons....**
Cause Continued.
**George Hume and others vs Charles Hume..**
Cause Continued.
**The State of Missouri who sues & to the use of Charles H Valentine vs James Gordon**
Debt on Bond. Now at this day comes the defendant by his At- torney, and the plaintiff although demanded comes not but makes default, nor doth he prose- cute his suit in this behalf with effect, wherefore said defendant ought to recover against her. It is therefore considered by the Court that the said plaintiff take nothing by her suit, but that the defendant go thereof without day, and recover of said plaintiff his costs and charges in this behalf expended, and have thereof execution
**Mary Charlotte vs Gabriel S Chouteau**
> Related to Case ID ccr1843.06955.372
The plaintiff by her Attorney this day files a motion to set aside the verdict rendered in this cause and to grant a new trial for reasons filed._
William Milburn Esquire Sheriff of the County of St Louis acknowledges the execu- tion of a deed by him as Sheriff as aforesaid in favor of P. Dexter Tiffany of all the right title interest and claim of Herman L Hoffman of in and to the following described real estate to wit: lots numbers one, two, three, four, five, six, seven according to a plat attached to the deed of said Sheriff, and therein described as follows, lot number one containing twenty eight feet front by one hundred and sixteen feet deep to a twelve foot alley bounded South by Plum street, west by Fourth street, nor by lot number two and east by a twelve feet alley lot number two, containing twenty eight feet front on fourth street by one hundred and sixteen feet deep to an alley twelve feet wide, bounded South by said lot number one, West by fourt street, north by a lot number eight and east by said twelve feet alley. Lots numbers three four five and six and seven containing each nineteen feet front on Plum street and running back northwardly to an alley, a portion of which said alley is ten feet wide and a portion fifteen feet wide, said lots are bounded South by Plum street, north by said alley partly ten feet and partly fifteen feet wide, west by an alley twelve feet wide and east by property of Madame La Lumiere sold in virtue and by authority of an execution issued from the offive of the Clerk of the St Louis Circuit Court of Common Pleas returnable to the September Term 1845 of said Court in favor of Evans Rodgers against said Herman L Hoffman._
**Das $627.77 Mo. value $33.33 1⁄3 The Board of President and Directors of the St Louis Public Schools vs George Mead, Robert P Todd and Sarah Todd his wife.**
Ejectment Now at this day come the parties aforesaid by their respective Attorneys, and thereupon comes also a Jury to wit, Andrew Link, Jacob Kneedler Conrad Hatz, J.H. Hall, Leroy Kingsland, A.P. Laden, Eugene Kelly, John Redman, Isaac J Price, William Ermis, Henry Duncan and John McClung twelve good and lawful men who being duly elected tried and sworn the issue within joined between the parties afore- said well and truly to try upon their oaths aforesaid say that the said defendants are guilty of unlawfully withholding the premises from the plaintiffs as alleged against them in the said declaration, and they do further find that the said plaintiffs have sustained damage by reason of the premises in their declaration mentioned to the sum of
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3rd. Because it doth not appear from said returns of said Sheriff that the warrant under which the said Sheriff holds the said petitioner was issued by the Governer of the State of Missouri in a case provided for by the Constitution and laws of the United States or of this State. 4th. Because the said warrant was issued by the Governor of Missouri without any au- thority of law and because the said return is in other respects informal and insufficient in law to authorise the said Sheriff to hold said petitioner in custody. And after hearing the arguments of counsel and the premises being seen and fully understood by the Court It is ordered that the said motion be sustained and that the said return of the said Sheriff be quashed and for naught esteemed and that said petitioner be and he is hereby discharged from the custody of the said Sheriff and it is further ordered that the said Petitioner recover his proper costs and charges herein expended and that he have thereof execution.
**James McCamant vs Mam Butler**
Petition for Mandamus Now at this day come the parties aforesaid by their respec- tive attorneys and thereupon all and singular the premises pertaining to the petition of the said plaintiff for a preporatory mandamus and the answer of the said defendant to said petition are submitted to the Court which being seen heard and fully understood it is ordered that said petition be granted and that a peremptory mandamus issue to said defendant commanding him to grant an appeal from a judgment rendered by him in favor of David B Hill against the said petitioner and that the said defendant pay the costs and charges herein expended and that execution issue therefor
**Martha Drusella vs Richmond J Curle**
> Related to Case ID ccr1844.06805.046
The defendant by his attorney this day files a motion to dis- miss this suit for reasons filed
**Buthuel Dodd vs Edward Charteaw. Henry Chouteaw and Gabriel J Chouteau garnishees**
The said garnishees by their attorney this day file a motion to set aside all proceedings against them respec- tively on the execution in this cause
**John H Baldwin vs Edward Chouteau Henry Chouteau and Gabriel J Chouteau garnishees**
The said garnishees by their attorney this day file a motion to set aside all proceedings against them respec- tively on the execution in this cause.
**Martha P Presbury vs The Executors of Vital M Garesche**
The defendants by their attorney this day file a motion to set aside the verdict rendered in this cause and grant a new trial for reasons filed
**Edward Field vs Charles L Norris and Nelson Norris**
Assumpsit Now at this day come the parties aforesaid by their respective attorneys and thereupon by consent of parties it is ordered that this suit be dismissed upon the following terms to wit that each pay the costs accrued by them herein and that execution issue therefor.
**William Butcher and Samuel Butcher vs Charles C Norris and Nelson Norris**
Assumpsit Now at this day come the parties aforesaid by their respective attorneys and thereupon by consent of parties it is ordered that
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that this suit be dismissed upon the following terms to wit that each party pay the costs accrued by them herein, and that execution issue therefor.
**James W Kingsbury vs Hardage Lane**
Replevin. Now at this day come the parties aforesaid by their respec- tive Attorneys, and thereupon comes also a Jury to wit Samuel McClung, George K Ney, Jesse S Douglass, R C McAlister, J.C. Miller, J.G. Maxwell, John Maeder, R.W. Thompson, Charles G Martin George Patton, William Tighe and John Kean twelve good and lawful men who are duly elected tried and sworng the issue within joined between the parties aforesaid well and truly to try and after hearing the evidence and arguments of Counsel are unable to agree upon a verdict and are thereupon discharged.
**Mary Robinson vs Ringrose D Watson and Amos L Corson**
> Related to Case ID ccr1845.06807.018
Additional plea filed by leave of Court.
**Peter Brooks vs George Sparhawk impleaded &c**
The defendant by his Attorney this day files an affidavit in support of his motion to set aside the judgment by default rendered herein.
**Edward Field and Ichabod Pratt vs Charles C Norris and Nelson Norris**
Assumpsit Now at this day come the parties aforesaid by their respective Attorneys, and thereupon by consent of parties it is ordered that this suit be dismissed upon the following term to wit that each party pay the costs accrued by him herein and that execution issue therefor.
Court adjourned until Monday morning at Nine oclock
**Monday June 9th 1845.**
Court met pursuant to adjournment present The Honorable John M Krum Judge, William Milburn Esquire Sheriff and John Ruland Clerk.
**Das $132.42 William Gearing who sues to the use of George B Cooper and George Cook vs Benjamin King and George P Morris Trustees of the Methodist Protestant Church**
Assumpsit. Now at this day comes the plaintiff by his Attorney and files his declaration, and the defendants in their own proper person also come and say that they cannot deny the action aforesaid of him the said
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**Martha Drusella vs Richmond J Curle**
> Related to Case ID ccr1844.06805.046
Now at this day come the parties aforesaid by their respective attorneys and thereupon all and singular the premises pertaining to the exceptions of the defendants to the depositions takes on behalf of the plaintiff herein is by them submitted to the Court which being seen heard and fully understood it is ordered that said exceptions be overruled.
**Martha Dusella vs Richmond J Curle**
> Related to Case ID ccr1844.06805.046
Now at this day come the parties aforesaid by their respective attorneys and thereupon the motion of the said defendant to dismiss this suit is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled
**The State of Missouri to use of Sarah McCartan vs John G Horlon and others**
The plaintiff by her attorney this day files a bill of the particulars of the demand on which this ac- tion is founded and a motion to strike out the second, third, fourth, fifth, sixth and seventh pleas filed by the defendants herein.
**Samuel Willi vs James H Lucas**
Now at this day come the parties aforesaid by their respective attor- neys and thereupon all and singular the premises pertaining to the demurrer of the defendant to the plaintiffs declaration herein is by them submitted to the Bank which being seen and heard and the Court being sufficiently advised thereof doth order that said demurrer be sustained as to the first count of the plaintiffs declaration and overruled as to the second count the said defendant files a plea to the declaration
**Robert L Smith and John Hudson vs William P Harrison**
Now at this day come the parties aforesaid by their respective attorneys and thereupon all and singular the premises per taining to the demurrer of the plaintiffs to the plea in abate ment filed herein are submitted to the Court which being seen and heard and the Court being sufficiently advised thereof doth order that said demurrer be overruled
**Edmund Rores vs John Miller**
Now at this day come the parties aforesaid by their respective at torneys and thereupon the motion of the said defendant to set aside the execution of special fieri facias issued in this case and also the award of the same is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be sustained and that the execution of special fieri facias be recalled and quashed and that the award of the same be and the same is hereby set aside.
**Samuel Merry vs John Rourke**
The Sheriff of St Louis County this day files a motion for leave to amend his return made by him at the execution issued in this cause.
On motion it is ordered by the Court that Desk No 43 which was heretofore assigned to John Bent and which by the permission of the said Bent has been occupied by Bryan Mullanphy be and the same is hereby confirmed to the said Bryan Mullanphy the said Bent having deceased
Court adjourned until tomorrow morning at Nine oclock
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Ryan is by them submitted to the Court which being seen heard and fully understood it is ordered that said petition be overruled and that said execution be enforced and it is further ordered by the Court that the said plaintiff pay the costs and charges in this behalf expended and that execution issue therefor The plaintiff by his Attorney this day files a motion for a rehearing of said petition.
**William Bernard vs West and McBride.**
On motion, it is ordered that the motion filed by the defendants herein for relief against the costs of this suit, be and the same is hereby sticken from the Docket._
Court adjourned until tomorrow morning at Nine oclock.
**Wednesday June 18th 1845**
Court met pursuant to adjournment, present The Honorable John M Krum Judge; William Milburn Esquire Sheriff and John Ruland Clerk.
**Mary Charlotte vs Gabriel S Chouteau**
> Related to Case ID ccr1843.06955.372
Now at this day come the parties aforesaid by their respec- tive Attorneys and thereupon the motion of the plaintiff to set aside the verdict rendered herein and to grant a new trial is by them submitted to the Court which being seen & heard and the Court being sufficiently advised thereof doth order that said motion be overruled.
**William E Rogers vs John Finney and William Finney**
Now at this day come the parties aforesaid by their respective Attorneys and thereupon all and singular the premises pertaining to the demur- rer of the defendants to the plaintiffs declaration herein is by them submitted to the Court which being seen heard and fully understood, and it appearing to the Court that said declaration and the matters therein contained in manner and form as the same are therein set forth are sufficient in law to enable the plaintiff to have and maintain his aforesaid action thereof against the said defendants it is therefore ordered that said demurrer be overruled.
**Johnson and Roselius vs The Bank of the State of Missouri garnishee of Marshall C Holliday**
Now at this day come the said plaintiffs and move the Court for leave to withdraw their said exceptions to the defendants sev- eral answers heretofore filed and reply to the same which motion is granted and thereupon the said plaintiffs file a replication herein
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**Patrick McDonough vs John Winright**
Petition for Mandamus. Now at this day come the parties aforesaid by their respective Attorneys and thereupon all and singular the premises pertaining to the petitioner of said plaintiff, the answer of said defendant and the traverse to said answer are submitted to the Court which being seen heard and fully understood it is ordered that the prayer of said petition be gran- ted and that a peremptory mandamus issue commanding said defendant to grant to the said plaintiff an execution on the judgment rendered before him on the seventh day of January 1845 in favour of the said Patrick McDonough against Andrew Cassady, and it is further ordered that the said Patrick McDonough pay the costs and charges herein expended and that execution issue therefor.
**Pierre of color vs Gabriel S Chouteau**
> Related to Case ID ccr1842.06794.268
On motion of the plaintiff by his Attorney it is ordered that a dedimus issue to the City of Montreal in the province of Lower Canada to take the depositions of witnesses to be read on the trial of this cause on behalf of said plaintiff
Court adjourned until tomorrow morning at nine oclock.
**Tuesday July 1st 1845.**
Court met pursuant to adjournment, present The Honorable John M Krum Judge, William Milburn Esquire Sheriff and John Ruland Clerk.
William Milburn Esquire Sheriff of the County of St Louis acknowledges the execution of a deed by him as Sheriff as aforesaid in favour of Cornelius D Sullivan and Joseph L Papin of all the right title interest claim estate and property of Felicite Motier of in and to the following described real estate to wit. A lot of ground in the town of Carondelet one hundred and fifty feet front on Fourth street, by one hundred and fifty feet deep more or less bounded north by lot of MS Cerre, and West by common fields of the town of Carondelet, South by a street or alley and east by Fourth street sold in virtue and by authority of an execution issued from the office of the Clerk of the St Louis Circuit Court in favor of John Cromwell against the said Felicite Motier
William Milburn Esquire Sheriff of the County of St Louis acknowledges the execu tion of a deed by him as Sheriff as aforesaid in favor of Alexander Hamilton of all the right title interest claim estate and property of Levi Jones of in and to the following described real estate "A two story brick house situate and fronting on the north side of Pine street between third and fourth streets, in block number eighty seven
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**Patrick Ryan vs Patrick White**
The said Patrick Ryan this day files a bill of Exceptions herein.
**Patrick Ryan vs John Fitzgibber**
The said Patrick Ryan this day files a bill of Exceptions herein.
**Mary Charlotte vs Gabriel S Chouteau.**
> Related to Case ID ccr1843.06955.372
The said plaintiff by her Attorney this day files a bill of ex- ceptions herein.
**Sanderson Robert and others vs Alban H Glasby**
On motion of the defendant by his Attorney it is or- dered that a dedimus issue to the State of Pennsylva- nia to take the depositions to be read on the trial of this cause on behalf of said defendant.
**James B Bowlin vs Augustus H Evans.**
The said defendant by his Attorney this day files a bill of Exceptions herein.
**Louis Chouteau vs Gabriel S Chouteau**
> Related to Case ID ccr1843.06796.071
Now at this day comes the plaintiff by his Attorney and files his motion to set aside the judgment of nonsuit rendered in this cause and affidavits in support of said motion and the same is thereupon submitted to the Court which being seen heard and fully understood it is ordered that said motion be sustained, and that the nonsuit rendered in this cause be set aside on payment by the said plaintiff of the costs of the term at which said nonsuit was taken.
**The State of Missouri to use of C.L. Wilcox vs William Milburn and others**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon the motion of the said plaintiff to set aside the order of the Court sustaining the demurrer of the defendant to the first and second count of plaintiffs declaration herein is submitted to the Court which motion being seen heard and fully understood it is ordered that said motion be overruled and leave given to the said plaintiff to file an amended declaration herein.
**George Anson and Benjamin F Stint vs Lewis Feuchtwanger. Frederick A Dreyer garnishee.**
The said garnishee by his Attorney this day files an answer herein.
**John Davis vs Thomas Greenlee and William Logan**
Now at this day comes the plaintiff by his Attorney, and freely here in Court remits to the said defendants the sum of Forty eight dollars and ten cents parcel of the damages aforesaid by the jurors aforesaid in form aforesaid assessed and prays judgment for the residue of those damages. Therefore it is considered by the Court that the said sum be remitted to the said defendant, and that the said plaintiff have execution for the sum of One hundred and forty six dollars and fifty six cents being the balance of said judgment and for his costs and charges by him about his suit in this behalf expended
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larly to Victoria Queen of Great Britain and Ireland of whom he was heretofore a subject therefore the said Patrick Loughlin is admitted a Citizen of the United States of America.
**John F. Darly assignee &c vs Louis A Benoist**
Assumpsit. Now at this day comes the plaintiff by his Attorney, and the de- fendant although demanded comes not but makes default nor hath he pleaded to the action aforesaid, wherefore said plaintiff ought to recover against him, but it being unknown to the Court what damage the plaintiff has sustained by reason of the nonperformance of the premises and undertakings in his declaration mentioned it is ordered that enquiry thereof be made at the next term of this Court.
**Thomas J Hunt vs Henry Ashford**
Assumpsit. On motion of the defendant by his Attorney it is ordered that a dedimus issue to the State of Massachusetts to take the testimoney of witnesses to be read in the trial of this cause on behalf of said defendant.
**Peter A Walsh Public Admr &c vs Willis L. Williams**
The said plaintiff by his Attorney this day files a replica- tion to the plea of the defendant herein.
**Samuel Colemand vs Austin Lewis and Hervey Lewis.**
The said plaintiff by his Attorney this day files seperate replications to the seperate pleas filed by the defendants herein.
**Mary Charlotte vs Gabriel S Chouteau**
> Related to Case ID ccr1843.06955.372
The said plaintiff by her Attorney this day files a motion for an appeal herein to the Supreme Court, and an affidavit in support of said motion.
**The State of Missouri to use of C.L. Wilcox vs William Milburn and others.**
Now at this day comes the plaintiff by her Attorney and says that she will not further prosecute her suit against the said defendants Augus- tus H Evans, John O'Fallon, John Walsh JB Brant, S. Willi, J.B Sarpy and Edward Walsh, but voluntarily suffers the same to be dismissed as the them. It is therefore considered by the Court that said plaintiff take nothing by her said suit as against said defendants, but that they go thereof without day and recover of said plaintiff their costs and charges in this behalf expended and have thereof execution, and thereupon the said plaintiff by leave of Court files fourth and fifth additional counts herein
**Augustus H Evans vs Paul Goodrick**
Now at this day come the parties aforesaid by their respective Attorneys and thereupon the motion made herein on behalf of Edward Walsh to set aside the judg- ment rendered in this cause for irregularity and to quash the execution issued in said judgment is by them submitted to the Court which being seen heard and fully understood it is ordered that said motion be overruled.
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William Milburn Esquire Sheriff of the County of St Louis acknowledges the execution of a deed by him as Sheriff as aforesaid to Henry M Juyder of the following described real estate to wit. A two story pause building situated between the Belefontaie road and Broadway street on the west side of Rocky Brauck, bounded on the north by property of Aydelott, west by property of Habb east by Rocky brauch, and south by Habb and Law. "sold by authority of a special wit of fieri facias on Lieu issued from the office of the Clerk of the St Louis Circuit Court to the November Ten 1845 of said Court in favor of Charles P Ford against Singleton W Wilson.
**Thomas Jefferson vs George A Coltow and Jonathan B Moulton**
> Related to Case ID ccr1845.06808.014
The defendants by their attorney this day file a plea herein
**John W Paulding vs Mauw Rutler**
The defendant by his attorney this day files form pleas herein.
**John F Petzold vs James Luthy garnishee of Francis Watkins**
The garnishee by his attorney this day files an answer to the alligations and interogatories ex- hibited against him
**Alexander J. P. Garesche vs Robert Raukin**
The defendant by his attorney this day files a motion for a bill of the particulars of the demand on which this action is founded.
**William Emerson vs Thomas Clark**
The defendant by his attorney this day files a plea herein
**John T Martin vs The Steam Boat Belle of Mississippi**
On motion of the defendant by its attorney leave is given it to file a joinder in error herein, which is thereupon done.
**Samuel H Speilman vs John Shook and Isaac Reune & Joseph L Papin**
The defendants by their attorney this day file for pleas herein
**Samuel H Millman vs John Shook and Isaac Reune and James Waugk.**
The defendants by their attorney this day file five pleas herein
**Samuel Galbreath vs Gaspar E Myers**
The defendant and appellant by his attorney this day files a motion to dismissed this cause for reasons filed.
**Jesse Seymour vs Isaac Walker**
The defendant by his attorney this day files a plea herein
**Jesse Seymor vs Isaac Walker**
The defendant by his attorney this day files five pleas herein.
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**Friday December 5th 1845.**
Court met pursuant to adjournment present The Honorable John M Krum Judge William Milburn Esquire Sheriff and John Ruland Clerk.
**Pierre of color vs Gabriel S Chouteau**
Cause Continued on application of plaintiff as on affidavit
**Stokes Thorp vs John Pritchard**
Agreement of Counsel filed.
**Rebecca (a negro woman) vs James Black, Thomas M Horine and George H.C. Melody.**
> Related to Case ID ccr1843.06855.056
Suit for freedom. Now at this day come the parties aforesaid by their respective Attorneys, and thereupon comes also a Jury to wit. Adam S Kennedy, Frederick Latresse, Edward Latresse, Charles Klunk, John Kendler, Patrick Keating, J.B. Lebeau, Joseph Labarge, Lenas Leinhard, Joseph Klein, Joseph Sullivan, and William Soop twelve good and lawful men who being duly elected tried and sworn the issue within joined between the parties aforesaid well and truly up to try, upon their oaths aforesaid say that the said defendants are not guilty of the supposed trespasses above laid to their charge, or any part thereof in manner and form as the said plaintiff hath above thereof complained against them. It is there- fore considered by the Court that the said plaintiff take nothing by her said suit but that the defen- dants go thereof without day.
**John Goodfellow vs The St Louis Perpetual Insurance Company**
Case. Now at this day comes the plaintiff by his Attorney and says that he will not further prosecute his suit in this behalf but voluntarily suffers the same to be dismissed at his costs, but It is therefore considered by the Court that the said plain- tiff take nothing by his said suit, but that the defendant go thereof without day, and recover of said plaintiff their costs and charges in this behalf expended and have thereof execution.
**Joseph Stettinius and Derrick A January vs John Walsh and Edward Walsh.**
Cause Continued to the next term of the Court to abide the decision of the suit of Thomas J Homer against the same defendants.
**William B Burton vs William Parkinson [ ?]**
Cause Continued.
**George Dent Interpleader vs Wayman Crow, Joshua Tevis Phocion R M Creery & Elisha Swan for the property attached in their suit vs Elisha Swan and John E Dent**
Interpleader Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the Jurors aforesaid also return into Court here, and upon their oaths aforesaid do say as to the issue within joined between said parties, that the said property claimed by the interpleader, and attached in this cause, and every parcel thereof, was the property of the said interpleader, at the time the same was levied upon under the attachment sued out, by the said plaintiff, and that the same still is the property of the said interpleader in manner and form as he has in interpleading alleged It is therefore considered by the Court that the said plaintiff take nothing by his attach-
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**Joseph N McDowell vs Josephus W Hall**
Appeal from JusticeNow at this day come the parties aforesaid by their respective attornies,and thereupon by agreement this care is dismissed at the costs of the defendant. It is there= fore considered by the Court that the plaintiff go thereof without day, and recover against the defendant his costs and charges in this behalf expended, and have thereof execution.
John F Bosercker a native of Saxony who applies to be admitted a Citizen of theUnited States comes and proves to the satisfaction of the Court that he has resided in the United States at least five years, and in the State of Missouri at least one yearimmediately preceding this application, during which time he has conducted himself as a man of good moral character, attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the sameand the Court moreover being satisfied that said applicant has taken the preparatorysteps required by the laws of the United States, concerning the naturalization of foreign=ers, and the declaring here in open Court upon oath that he will support the Constitu=tion of the United Sates, and that he doeth entirely and absolutely renounce and abjureforever all allegiance and fidelity to every foreign power prince State and Sovereignty what=soever and particularly to the King of Saxony of whom he was heretofore a subject, thereforethe said John F Borsercker is admitted a Citizen of the United States of America.
**Henry A Hart vsJohn Winright**
The plaintiff by his Attorney this day files a simititer to the first plea and a replication to the second plea filed by the defendant herein.
**In the matter of Jesse a man of color**
> Related to Case ID ccr1845.06820.010
On Petition for Habias Corpus.
Now at this day comes John M Jamison Jailor of the county of St. Louis, and returns into Court here the bodyof the said petitioner together with his return to the writ issued herein showing his authority for detaining th same in his custody, andthereupon the said petitioner by his attorney moves the Court to be discharged fromhis custody under said return and thereuopon all and singular the premises are sub=mitted to the Court which being seen heard and fully understood the Court dothorder that said petitioner be released from the custody of said Jailor and recover his costs and charges in this behalf expended and have thereof execution.
**Gabriel Helms vs George Speers and wife**
The plaintiff by his attorney this day files a motion to reconsider the allowance of fee made to John F Dailyas Counsel herein and Thomas P Green attorney for the said plaintiff files a motion for allowance of counsel feefor services rendered by him herein.
**In the mattter of the Petition ofClement B Penrose, Joseph B W Penrose and Anna H Penrose forappointment of next freind**
Now at this day come the petitioners by theirattorney and file their petition herein pray=ing for the appointment of Joseph S Wilkinson as their next friend for the purpose of perpetuatingcertain testimony and also the consent of said Joseph S Wilkinson to act as such next friend and thereupon the premises being sub=mitted to the Court, the Court doth order that said Wilkinson be appointed guardian for said infants for the purposes aforesaid.
Court adjourned until the 4th monday of October next at ten oclock.
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**Rebecca a negro woman vs James Black, Thomas M Horine et al.**
> Related to Case ID ccr1843.06855.056
The plaintiff by her Attorney this day files a motion to set aside the verdict rendered by the Jury in this cause and to grant a new trial for reasons filed.
**Thomas Wuistanley vs Ralph B Peck and Jared D Tyler.**
The defendants by their Attorney this day file a plea herein.
**Hugh Rose vs The City of St Louis.**
Cuase Continued by consent.
**Armistead Lawless vs Henry Powers, Franklin Raborg and others garnishees of Clarton Tiffin**
The siad garnishee Franklin Raborg by his Attorney this day files his answer to the allegation and in- terrogatives exhibited against him.
**John G Schmidt vs John H Struuck**
On plea in abatement. Now at this day come again the parties aforesaid by their respective Attorneys, and the Jurors aforesaid also return into Court here and upon their oaths aforesaid do say that the said defendant at the time of the filing of the said affidavit was about to remove his property and effects out of the State so as to delay hinder and defraud his creditors, and that he had at the time of the filing of the said affi- davit fraudulently conveyed assigned removed concealed and disposed of his property and effects so as to hinder and delay his creditors. as in said affidavit is alleged It is therefore considered by the Court that the said defen- dant take nothing by his said plea in abatement, but that the said plaintiff recover of the said defendant his said damages in his said declaration mentioned, but because the said damages of the said plaintiff in his declaration mentioned are unknown to the Court, it is ordered that enquiry thereof be made at the present term of the Court. The defendant by his Attorney this day files a motion for a new trial herein.
**William O Marvin vs Samuel W Hawley William E Brush Christian Pulles and Wait Barton**
Charles D Drake Attorney of records for the above named William O Marvin this day files a motion for an order on the Sheriff tof St Louis County to pay him out of the money collected by him on exe- cution in said cause, the sum of Three hundred Dollars being the amount due to said Drake for his services as Attorney in this cause
**William Knox admr of Henry Clark vs James T Swerringen, Jamison Samuel and Horatio N. Davis.**
On motion of Attorney for the plaintiff, the Sheriff of Marion County having the writ issued in this cause not executed, for the reason of no session of the Circuit Court of that County, it is ordered that a venditioni exponas issue to said Sherrif commanding him to sell the property levied upon by him according to law.
**In the matter of the assignment of R.P. Smith**
Inventory of Estate filed.
**In the matter of the Petition of Burt McKay for writ of Habeas Corpus.**
Now at this day comes the Petitioner by his Attorney, and files his petition herein, and on motion it is ordered that a writ of Habeas Corpus issue to James S Daugherty and Louis DuBreuil commanding them to have the body of the said pe- tioner before this Court forthwith together with their authority for detaining the same in their custody to abide the order of the Court in the premises.
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- 487 pgs
St. Louis Circuit Court. Circuit Court Record Book 16: 1845. 1844, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/65805